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: U.S.C. § 203, is silent as to personal jurisdiction. The Court thus first turns to state law to determine if personal jurisdiction exists over Consorcio. If a state law basis for jurisdiction exists, a court must next determine if “sufficient minimum contacts exist to satisfy the Due Process Clause of the Fourteenth Amendment so that maintenance of the suit does not offend traditional notions of fair play and substantial justice.” Walter v. Blue Cross & Blue Shield United of Wis., 181 F.3d 1198, 1203 (11th Cir.1999). While Consorcio is correct in asserting that its mere agreement to Miami as the arbitral situs is insufficient to confer personal jurisdiction under Florida’s general long-arm statute, Fla. Stat. Ann. § 48.193, see Johns v. Taramita, Inc., 132 F.Supp.2d 1021 (S.D.Fla.2001) (<HOLDING>), its participation in the arbitration created Options: A. holding in motion to compel arbitration that personal jurisdiction is not created merely by a partys agreement to arbitrate in a particular forum B. holding trial court must decide whether to compel arbitration of personal injury claim of party who was not signatory to arbitration agreement C. holding that motion to dismiss which conspicuously omitted any reference to an arbitration agreement was not the proper method to stay litigation and compel arbitration as it was not a motion showing an agreement to arbitrate under section 15673 D. holding that once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration E. recognizing that in reviewing ruling on motion to compel arbitration we first determine whether party seeking arbitration established existence of arbitration agreement

assistant: The best answer is A. holding in motion to compel arbitration that personal jurisdiction is not created merely by a partys agreement to arbitrate in a particular forum
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: (reaching a contrary result based on pre-petition status); In re Morse, supra at 237 (same). These decisions conclude that, both as a historical matter and a practical one, post-petition contracts with debtors-in-possession arise in the administration of the bankruptcy estate. Particularly persuasive is the First Circuit’s reasoning in In re Arnold Print Works. In that case as in this one, the debtor corporation continued to manage its property as a “debtor in possession” subsequent to the filing of its Chapter 11 case. And, in that case as with this one, the debtor entered into a post-petition contract with another corporation as part of an effort to sell estate assets. Thereafter, a dispute arose as to the quality of the debt- or’s product and the corporation contract kr.N.J.1987) (<HOLDING>). The court distinguished Mohawk Industries, Options: A. holding an action to recover a postpetition account receivable to be core B. holding that debt from debtor to bank in the form of chargebacks to the debtors account for credit card transaction rescissions was prepetition debt even though customers rescinded transactions postpetition and the bank therefore chargedback postpetition because a customers right to rescind and thereby the banks right to chargeback accrued at the time the customer made a purchase even though such customer exercised his right to rescind postpetition C. holding an action for postpetition breach of an agreement to purchase property to be a core proceeding D. holding that a postpetition claim under section 1305 is a liability that arises postpetition and relates only to postpetition activity E. holding plaintiff could not recover on nuisance action to recover for alleged damage to property he does not own or rent

assistant: The best answer is A. holding an action to recover a postpetition account receivable to be core
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: It is expressly understood that Hospital shall acquire no right, title or interest in or to the Equipment, other than the leasehold interests conveyed hereunder, including, the right to the possession and use of the same in accordance with the terms of this Agreement, except as outlined under Paragraph 17. Hospital shall have no interest in the Equipment other than the rights acquired as a lessee hereunder and the Equipment shall remain the property of GKF regardless of the manner in which it may be installed or attached at the Site. Hospital shall, at GKF's request, affix to the Equipment tags, decals, or plates furnished by GKF, indicating GKF's ownership of the Equipment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions hereof. If any provision of this Agreement, or the application of such provision to any person or any circumstance, is invalid or unenforceable, (i) a suitable and equitable provision shall be substituted therefor in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision and (ii) the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected by such invalidity or unenforceability, nor shall such invalidity or unenforceability affect the validity or enforceability of such provision, or the application of such provision, in any other jurisdiction.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 374 U.S. 498 83 S.Ct. 1876 10 L.Ed.2d 1044 Howard Tempy DEARHART, Jr.v.VIRGINIA. No. 48, Misc. Supreme Court of the United States June 17, 1963 Howard Tempy Dearhart, Jr., pro se. Reno S. Harp III, Asst. Atty. Gen., of Virginia, for respondent. On Petition for Writ of Certiorari to the Supreme Court of Appeals of Virginia. PER CURIAM. 1 The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded for further consideration in light of Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811. 2 Mr. Justice CLARK and Mr. Justice HARLAN dissent for the reasons stated in their dissenting opinions in Douglas v. California, 372 U.S. 358, 360, 83 S.Ct. 817, 818.

assistant: 2
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: In consideration of the broker, ("Broker") providing the information on businesses for sale, I/we understand and agree: (b) Not to disclose, for a period of three years from the date I/we sign this Non-Disclosure Agreement, any information regarding these businesses to any other person who has not also signed this Agreement, except to secure the advise and recommendations of my business advisors (accountants, attorneys, etc.)

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: The New Administrative Agent is hereby authorized and directed to enter into the Intercreditor Agreement concurrently with the Amendment No. 3 Effective Date and the Required Lenders, on behalf of the Lenders, agree to be bound thereby. In connection with the foregoing, and effective as of the Amendment No. 3 Effective Date, (a) the Credit Agreement is hereby amended to delete the stricken text (indicated textually in the same manner as the following example: stricken text ) and to add the double-underlined text (indicated textually in the same manner as the following example: double-underlined text ) as set forth in the pages of the Credit Agreement attached as Exhibit A hereto and (b) the Revolving Credit Commitments under and as defined in the Credit Agreement immediately prior to the Amendment No. 3 Effective Date are permanently reduced to $0 and terminated notwithstanding any notice requirements in the Credit Agreement immediately prior to or after the Amendment No. 3 Effective Date.

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 legal provision and list the applicable contract clause categories. Provision: The Board may at any time and from time to time alter, amend, suspend or terminate the Plan in whole or in part. Notwithstanding the foregoing, no amendment or termination of the Plan shall affect adversely any of the rights of any Participant, without such Participant’s consent, under any Award theretofore granted under the Plan.

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: A.2d 1205 (App.Div.1998) (“[T]he jury may not [determine the issue before it] based on its own notion of ... unlawfulness[.]”) It is incumbent upon the claimant, therefore, to furnish the trial court with enough by way of proof and legal basis to enable the court to determine as a matter of law, on a threshold basis, that a statute, rule, or public policy would have been violated if the jury were to find that the conduct plaintiff alleges actually occurred. Only after the court identifies the asserted violation with adequate particularity may the jury consider the objective reasonableness of the plaintiffs belief that Ms or her information indicated the actual occurrence of such a violation. Schechter v. Div. of Gaming Enforcement, 327 N.J.Super. 428, 432, 743 A.2d 872 (App.Div.2000) (<HOLDING>); Falco v. Community Med. Ctr., 296 N.J.Super. Options: A. holding cepa claim to have been properly dismissed because the challenged conduct was contrary to employees principles or sense of company priorities but was not illegal or wrongful B. holding cepa claim to have been properly dismissed due to the absence of such a public policy C. holding that where litigation involves more than one claim the origin of the claim test must be applied separately to each part D. holding cepa claim to have been properly dismissed because employees general invocation of federal labor and tax law was inadequate basis for reasonable belief in illegal activity E. holding cepa claim to have been properly dis missed because the court found that the disclosure involves nothing more than a policy dispute

assistant: The best answer is E. holding cepa claim to have been properly dis missed because the court found that the disclosure involves nothing more than a policy dispute
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 Permits, Principal Project Documents, Real Property Documents, Ground Leases and any other property or assets necessary or appropriate for the development, construction and operation of the Projects (including, without limitation, the Turbine Supply Agreement), shall have been duly assigned or transferred to each applicable Borrower Subsidiary by Borrower or the Members, or such other Affiliates of Borrower or Members, as applicable, pursuant to documentation in form and substance satisfactory to Administrative Agent and each Lender.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 363 U.S. 190 80 S.Ct. 1037 4 L.Ed.2d 1140 Wassil A. KRESHIKv.SAINT NICHOLAS CATHEDRAL. No. 824. Decided June 6, 1960. Messrs. Philip Adler and Eugene Gressman, for petitioners. Messrs. Ralph Montgomery Arkush and Charles H. Tuttle, for respondent. PER CURIAM. 1 The motion for leave to proceed upon the record in No. 3, October Term 1952, and the petition for certiorari, are granted. 2 In a prior decision in this litigation, we held that the right conferred under canon law upon the Archbishop of the North American Archdiocese of the Russian Orthodox Greek Catholic Church, as the appointee of the Patriarch of Moscow, to the use and occupancy of the St. Nicholas Cathedral in New York City, owned by respondent corporation, was 'strictly a matter of ecclesiastical government,' and as such could not constitutionally be impaired by a state statute, New York Religious Corporations Law, McKinney's Consol.Laws, c. 51, Art. 5—C, purporting to bestow that right on another. Kedroff v. St. Nicholas Cathedral, 344 U.S. 94, 73 S.Ct. 143, 97 L.Ed. 120. We reversed a judgment of the New York Court of Appeals against the petitioners' predecessors in office, and remanded the case for 'further action * * * not in contravention' of our opinion. Id., 344 U.S. at page 121, 73 S.Ct. at page 157. 3 The Court of Appeals ordered a retrial of the question of petitioners' right to use and occupancy, on a common-law issue assertedly left open by our invalidation of the statutory basis for the former decision. 306 N.Y. 38, 114 N.E.2d 197. After trial, the Court of Appeals directed the entry of judgment against petitioners, holding that, by reason of the domination—so found by that court to be the fact—of the Patriarch by the secular authority in the U.S.S.R., his appointee could not under the common law of New York validly exercise the right to occupy the Cathedral. 7 N.Y.2d 191, 196 N.Y.S.2d 655, 164 N.E.2d 687. 4 As the opinions of the Court of Appeals make evident, compare 302 N.Y. 1, at pages 29—33, 96 N.E.2d 56, at pages 72—74, with 7 N.Y.2d at pages 209—216, 196 N.Y.S.2d at pages 667—673, 164 N.E.2d at pages 696—700, the decision now under review rests on the same premises which were found to have underlain the enactment of the statute struck down in Kedroff. 344 U.S. at pages 117—118, 73 S.Ct. at page 155. But it is established doctrine that '(i)t is not of moment that the State has here acted solely through its judicial branch, for whether legislative or judicial, it is still the application of state power which we are asked to scrutinize.' N.A.A.C.P. v. State of Alabama, 357 U.S. 449, 463, 78 S.Ct. 116o, 1172, 2 L.Ed.2d 1488. See Shelley v. Kraemer, 334 U.S. 1, 14—16, 68 S.Ct. 836, 842—843, 92 L.Ed. 1161, and cases there cited. Accordingly, our ruling in Kedroff is controlling here, and requires dismissal of the complaint. 5 Reversed.

assistant: 3
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 Grantee must pay the amount of any federal, state, local or foreign income or employment taxes required to be withheld on the compensation income resulting from the award of, or lapse of restrictions on, the PSUs directly to the Corporation in cash upon request; provided, however, that where the restrictions on Disposition set forth in Section 2.1 of this Agreement have lapsed the Grantee may satisfy such obligation in whole or in part by requesting the Corporation in writing to withhold from the Common Stock otherwise deliverable to the Grantee or by delivering to the Corporation shares of its Common Stock having a Fair Market Value on the date the restrictions lapse equal to the amount of the aggregate minimum statutory withholding tax obligation to be so satisfied, in accordance with such rules as the Committee may prescribe. If the Grantee does not make such request, the Corporation will automatically net unless it has previously requested payment in cash. The Corporation may also establish rules, notwithstanding Sections 2.1 and 4.1 hereof, which may differ from those described above in the case of employment taxes if such taxes are deemed to be due before the lapse of restrictions on Disposition. The Corporation’s obligation to issue or credit shares to the Grantee is contingent upon the Grantee’s satisfaction of an amount sufficient to satisfy any federal, state, local or other withholding tax requirements, notwithstanding the lapse of the restrictions thereon.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The insurance coverage of the Loan Parties and their Subsidiaries is outlined as to carrier, policy number, expiration date, type and amount on Schedule 3.23 as of the Effective Date and as of the last date such Schedule was required to be updated in accordance with Section 5.02 and such insurance coverage complies in all material respects with the requirements set forth in Section 5.05(b).

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you purchase through one or more of our bundle subscription partners , the purchase may be further subject to the terms and conditions of such partners , and payment and management of the bundle subscription may be administered by them .

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: Capitalized terms used in this Amendment (including capitalized terms used in the Recitals) that are not otherwise defined herein have the respective meanings ascribed to them in the Loan Agreement. The following definitions are hereby incorporated into the Loan Agreement.

assistant: Definitions
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: 871 (Bankr. W.D. Tenn. 2016). “However, if no statutory text or legislative history exists on underlying bankruptcy issue to be determined in a case involving the Fair Labor Standards Act and contract law and, thus, no inherent conflict). In contrast, eases finding a McMahon conflict concluded that the claims at the center of the dispute were directly related to the Bankruptcy Code. See, e.g., In re Gandy, 299 F.3d 489, 495-500 (5th Cir. 2002) (affirming bankruptcy court’s refusal to enforce arbitration provision because three of debtor’s causes of action derived entirely from rights conferred by the Code, those causes of action predominated, and their resolution implicated matters central to the purposes and policies of the Code); In re Eber, 687 F.3d 1123, 1130-31 (9th Cir. 2012) (<HOLDING>); In re White Mountain Mining Co., L.L.C., 403 Options: A. holding that the bankruptcy courts as compared to state courts have exclusive jurisdiction to determine issues of dischargeability under the bankruptcy code B. holding that because debt or did not raise statutory claims created by the bankruptcy code there was no bankruptcy issue to be decided and no inherent conflict with arbitration C. holding that common law misrepresentation claims were not preempted because they did not conflict with a fmvss D. holding that because the claims were dismissed with prejudice there was a final judgment for purposes of appellate review E. holding that claims were core nondischargeability claims regardless of how they were pled and that allowing an arbitrator to decide issues that aie so closely intertwined with dischargeability would conflict with the underlying purposes of the bankruptcy code

assistant: The best answer is E. holding that claims were core nondischargeability claims regardless of how they were pled and that allowing an arbitrator to decide issues that aie so closely intertwined with dischargeability would conflict with the underlying purposes of the bankruptcy code
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 Notice shall be executed by an Authorized Officer in a writing delivered to the Administrative Agent pursuant to Section 2.1(b), 2.2(b) or 2.3(b), as applicable. In lieu of delivering a Notice, the Borrower may give the Administrative Agent telephonic notice by the required time of any proposed borrowing, conversion/continuation or issuance of a Letter of Credit, as the case may be; provided each such notice shall be promptly confirmed in writing by delivery of the applicable Notice to the Administrative Agent on or before the applicable date of borrowing, continuation/conversion or issuance. Neither the Administrative Agent nor any Lender shall incur any liability to the Borrower in acting upon any telephonic notice referred to above that the Administrative Agent believes in good faith to have been given by an Authorized Officer or other person authorized on behalf of the Borrower or for otherwise acting in good faith.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: would have been treated as final in federal practice and stating that “this Court is not compelled to apply a jurisdictional rule of the federal courts merely because the motion for a stay of [court] proceedings [pending arbitration] in this instance was filed pursuant to the [FAA]”). Other similar decisions are: McClellan v. Barrath Constr. Co., 725 S.W.2d 656, 658 (Mo.Ct.App.1987) (applying Missouri law in holding order compelling arbitration unappealable because “[although 9 U.S.C. § 2 creates substantive rights to be enforced in state courts, the procedural provisions of the [FAA] are not binding on state courts ... provided applicable state procedures do not defeat the rights granted by Congress”); Bush v. Paragon Property, Inc., 165 Or.App. 700, 997 P.2d 882, 887-88 (2000) (<HOLDING>); Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266, Options: A. holding an appeal may be taken from an order denying a motion to compel arbitration B. holding order denying arbitration appealable under texas law and stating that although the faa also permits a party to appeal from an interlocutory order denying a request to compel arbitration federal procedure does not apply in texas courts even when texas courts apply the federal act footnote omitted C. holding that faa does not require appellate review of order interlocutory under state law denying motion to compel arbitration and overruling prior decision finding such a requirement D. holding an order denying a motion for summary judgment is interlocutory and not appealable E. holding that where appellants preliminary objections both in nature of demurrer and in nature of motion to compel arbitration were denied appellate review is limited to that portion of the courts order which denied the motion to compel arbitration the other issues are not ripe for review

assistant: The best answer is C. holding that faa does not require appellate review of order interlocutory under state law denying motion to compel arbitration and overruling prior decision finding such a requirement
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: Warren v. State Farm Mut. Auto. Ins. Co., 899 So.2d 1090, 1098 (Fla.2005) (Pariente, C.J., specially concurring). The lower courts have proceeded here in keeping with the teaching that “where a statute is susceptible of two constructions, by one of which grave and doubtful constitutional questions arise and by the other of which such questions are avoided, our duty is to adopt the latter.” United States ex rel. Attorney Gen. v. Delaware & Hudson Co., 213 U.S. 366, 408, 29 S.Ct. 527, 53 L.Ed. 836 (1909). Denying the petition would obviate the need to decide substantial constitutional questions raised in the answer brief, questions which today’s decision resolves against the respondent without any discussion. See Dade County Sch. Bd. v. Radio Station WQBA, 731 So.2d 638, 644 (Fla.1999) (<HOLDING>). I respectfully Options: A. holding that if a trial court reaches the right result but for the wrong reasons it will be upheld if there is any basis which would support the judgment in the record B. holding that a trial courts ruling on a motion for new trial will be upheld if it is correct on any applicable legal theory even if the court articulated an invalid basis C. holding that on appeal a summary judgment ruling will be upheld if it can be sustained on any grounds even if the trial court gave an incorrect reason for its ruling D. holding that the tipsy coachman doctrine allows an appellate court to affirm a trial court that reaches the right result but for the wrong reasons so long as there is any basis which would support the judgment in the record E. holding summary judgment must be upheld if it is proper on any grounds

assistant: The best answer is A. holding that if a trial court reaches the right result but for the wrong reasons it will be upheld if there is any basis which would support the judgment in the record
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 worker from whistleblowing. And while Defendants muster a couple of easily distinguishable cases to support their argument to the contrary, none of those mandates a holding that reassignments that increase commute time and costs and decrease pay are insufficient, as a matter of law, to support a retaliation claim. We hold that Smith has successfully pled retaliation under Section 3730(h). The district court thus erred when it granted Defendants’ motion to dismiss that claim. V. In sum, we hold that the district court erred when it dismissed Counts I, II, and IV of Smith’s complaint with prejudice. In light of this holding, the district court’s award of costs to Defendants is also improper. Cf. Kollsman, a Div. of Sequa Corp. v. Cohen, 996 F.2d 702, 706 (4th Cir.1993) (<HOLDING>); Fed.R.Civ.P. 54 (“Unless a fed eral statute, Options: A. holding that dismissal of a pro se complaint for failure to state a claim should generally be without prejudice but if the plaintiff has been given an opportunity amend his complaint and fails to do so the dismissal may be with prejudice B. holding that the parties stipulation of dismissal with prejudice was a final judgment C. holding that the district court had discretion where plaintiff sought to amend a count that had been dismissed with prejudice D. holding that defendant was a prevailing party eligible to receive costs where there had been a dismissal with prejudice E. holding that offer of judgment statute does not provide a basis for an award of attorney fees and costs unless dismissal is with prejudice

assistant: The best answer is D. holding that defendant was a prevailing party eligible to receive costs where there had been a dismissal with prejudice
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No Borrower will, without Agent’s consent, compromise or adjust any material amount of the Receivables (or extend the time for payment thereof) or accept any material returns of merchandise or grant any additional discounts, allowances or credits thereon except for those compromises, adjustments, returns, discounts, credits and allowances as are customary in the Ordinary Course of Business.

assistant: Adjustments
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: stand and testified about a 1998 incident where the victim had attacked defendant. Defendant told Everett that if she could have gotten her gun she would have shot the victim. Sergeant Baker also returned to the stand and corroborated that Everett had told him that defendant had said to her after the 1998 incident. Sergeant Baker’s notes said, “[Everett] stated [defendant] told her she and [the victim] fought and [the victim] had to force [defendant] out of the front door because, quote, ‘He knew I was going to get my gun and shoot his ass.’ ” Defendant was indicted for first-degree murder. The jury found defendant to be guilty of second degree murder. This Court vacated the judgement and ordered a new trial on 2 March 2004. See State v. Everett, 163 N.C. App. 95, 592 S.E.2d 582 (2004) (<HOLDING>). Defendant was retried and found to be guilty Options: A. holding that when both parties agree that the facts of the case entitled defendant to a selfdefense instruction failing to so instruct the jury was error B. holding that the trial court erred in failing to instruct the jury that it could find constructive notice from evidence that the defendants knew of a recurring dangerous condition C. holding the trial court erred in failing to instruct the jury that defendant claiming selfdefense had no duty to retreat D. holding it was fundamental error to instruct the jury using the pre2005 duty to retreat instruction when the incident occurred after the enactment of the current stand your ground law E. holding that the trial court plainly erred in failing to provide a specific unanimity instruction to the jury

assistant: The best answer is C. holding the trial court erred in failing to instruct the jury that defendant claiming selfdefense had no duty to retreat
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If either Party commits a material breach or violation of any material provision of this Agreement, and such breach or violation is not cured within sixty (60) days after receiving written notice thereof from the other Party, the non-breaching Party may, at its option, terminate this Agreement by written notice to the breaching Party. A breach of this Agreement by either Party that remains uncured for more than sixty (60) days after receiving written notice thereof from the other Party shall amount to a breach of the License Agreement or any other Ancillary Agreement. If the allegedly breaching Party disputes the existence of such breach (other than a dispute regarding whether or not a service is a Service required to be made available by Bayer to Spectrum during the ninety (90) days after the Closing Date), this Agreement may not be terminated by the non-breaching Party (except with respect to the Service or Additional Service to which the dispute relates) until the existence of such breach is resolved in accordance with Sections 3.25, 3.26 and or 3.27, as applicable; provided, however, if Spectrum’s breach is the failure to pay when due any amount hereunder after a ten business day notice and cure period, Bayer may immediately stop providing the Services or Additional Services while the breach continues, and if Bayer’s breach is the failure to provide a Service or an Additional Service after a ten business day notice and cure period, Spectrum may immediately stop paying for that Service or Additional Service, as applicable, while the breach continues. Notwithstanding the foregoing, this Agreement shall automatically terminate upon a termination of the License Agreement. In the event of the expiration or termination of this Agreement pursuant to this Section 3.10, this Agreement will have no further force and effect and all other rights and Liabilities of the parties hereunder will terminate without any Liability of any party to any other party, except for Liabilities arising in respect of breaches under this Agreement by any party on or prior to the termination date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Executive’s employment with the Company pursuant to this Agreement, the Executive shall be entitled to receive reimbursement for all reasonable out-of-pocket expenses incurred by the Executive in performing services hereunder (subject to reasonable documentation with respect thereto in accordance with the Company’s expense reimbursement policies).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Buyer and Seller agree that prior to the Closing Date, Buyer and Seller shall not disclose the terms of this Contract to any third party. Notwithstanding the foregoing, Buyer may provide copies of this Contract or may disclose the terms and conditions of this Contract to Buyer’s attorneys, accountants, and such other parties as may be reasonably deemed appropriate by Buyer in connection with Buyer’s inspections and purchase of the Property. Buyer may also disclose that Buyer has contracted to purchase the Property to Buyer’s investors and to potential tenants of the Property without disclosing the terms of the Purchase to such potential tenants.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured.” 11 U.S.C. § 101(5)(B). Thus, it is clear that, under some circumstances, injunctions can constitute claims which are dischargeable in bankruptcy. The court must determine whether this case presents such a circumstance. A number of courts have considered whether an injunction prohibiting future breaches of a noncompete agreement can constitute a claim under Section 101(5)(B), reaching conflicting results based on a variety of reasonings. See e.g., In re Oseen, 133 B.R. 527 (Bankr.D.Idaho 1991) (finding that the injunction did not constitute a claim); In re Udell, 18 F.3d 403 (7th Cir.1994) (<HOLDING>); In re Ward, 194 B.R. 703 (Bankr.D.Mass.1996) Options: A. holding that the injunction did not constitute a claim B. holding an appeal of injunction moot where the injunction expired three months before the appellate court heard arguments in the case C. holding that plaintiffs were not entitled to a preliminary injunction D. holding federal injunction countermanding a state court injunction did not violate antiinjunction act E. holding that when the district court applies the wrong preliminary injunction standard this court may review the record to determine whether the injunction is justified

assistant: The best answer is A. holding that the injunction did not constitute a claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: D.H.’s genitals on or about August 20, 2005 (count nine); and (8) indecency with a child for causing D.H. to touch part of his genitals on or about August 20, 2005 (count ten). Hiatt argues “Counts 7 and 8 are lesser included offenses of Counts 1 and 2” and “Counts 9 and 10 are lesser included offenses of Counts 3 and 4.” He thus concludes: “[s]ince there was no proof that separate acts of assault and indecency happened on August 20, 2005 or June 18, 2005, Counts 1, 2, 3, 4, 7, 8, 9, and 10 all charged [him] with committing the same crime and result in multiple punishment.” Separate charges of indecency with a child and sexual assault of a child are proper when the evidence indicates separate offenses took place. See, e.g., Patterson v. State, 152 S.W.3d 88, 92 (Tex.Crim.App.2004) (<HOLDING>); Bottenfield v. State, 77 S.W.3d 349, 358 Options: A. holding that when two penetrations were separated by a short period of time two independent assaults occurred B. holding that two breaking and entering incidents that were separated by two days of time were not pursuant to a single scheme even though both may have occurred during a continuous drinking binge the court equated single scheme with a temporally integrated episode of continuous activity C. holding evidence that county employees engaged in unconstitutional assaults on two occasions insufficient to support finding such assaults were pursuant to county policy D. holding that two robberies of different people at the same time are two separate offenses calling for two judgments and two sentences when the defendants were convicted of taking a grandfathers wallet pistol and car and taking a grandsons fishing equipment E. holding that a passenger in a stopped vehicle was seized when she was escorted from the car to the front of two police cars that had their overhead lights turned on separated from the driver by two officers and separated from her purse which remained in the car

assistant: The best answer is A. holding that when two penetrations were separated by a short period of time two independent assaults occurred
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: inquiry into the existence of a protected, state-created liberty interest in avoiding restrictive conditions of confinement is not the language of regulations regarding those conditions but the nature of those conditions themselves ‘in relation to the ordinary incidents of prison life.’ ” Id. at 223, 125 S.Ct. 2384 (quoting Sandin v. Conner, 515 U.S. 472, 484, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995)). Therefore, in order to constitute a violation of a state-created liberty interest, the hardship imposed on the prisoner must be atypical and significant in relation to the ordinary incidents of prison life. Chappell v. Mandeville, 706 F.3d 1052, 1064 (9th Cir.2013). None of the penalties imposed on Dennison implicate liberty interests. See May v. Baldwin, 109 F.3d 557, 565 (9th Cir.1997) (<HOLDING>); Resnick v. Hayes, 213 F.3d 443, 445 (9th Options: A. holding that the inmate had no cognizable due process claim because he had no liberty interest in being free from disciplinary segregation B. holding that placement in disciplinary segregation does not implicate a liberty interest because it falls within the terms of confinement ordinarily contemplated by a sentence C. recognizing that the ninth circuit explicitly has found that administrative segregation falls within the terms of confinement ordinarily contemplated by a sentence D. holding that placing a prisoner in disciplinary confinement clearly effects liberty interest E. holding that 117 days in administrative segregation due to lack of bed space did not implicate a statecreated liberty interest

assistant: The best answer is B. holding that placement in disciplinary segregation does not implicate a liberty interest because it falls within the terms of confinement ordinarily contemplated by a sentence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and/or the Employer shall have the right to make such provisions as it deems necessary or appropriate to satisfy any obligations it may have to withhold federal, state or local income or other taxes incurred by reason of payments pursuant to the Plan. In lieu thereof, the Company and/or the Employer shall have the right to withhold the amounts of such taxes from any other sums due or to become due from the Company and/or the Employer to the Participant upon such terms and conditions as the Committee may prescribe.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the charges payable for calling phones outside of a subscription consist of a connection fee ( charged once per call ) and a per-minute rate as set out at www.skype.com/go/allrates .

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: “to reconcile the claims of federal and of local authorities and to apportion federal and state jurisdiction over the industry.” Conn. Light & Power Co. v. Fed. Power Comm’n, 324 U.S. 515, 531, 65 S.Ct. 749, 89 L.Ed. 1150 (1945). 1. Both the federal government and the states regulate aspects of the electric energy system. With the Federal Power Act, Congress placed “the transmission of electric energy in interstate commerce and the sale of such energy at wholesale in interstate commerce” under federal control. 16 U.S.C. § 824(a). Through the Act, Congress exercised its Commerce Clause prerogative to regulate matters of interstate commerce that the states could not. Cf. Public Util. Comm’n of R.I. v. Attleboro Steam & Elec. Co., 273 U.S. 83, 89-90, 47 S.Ct. 294, 71 L.Ed. 549 (1927) (<HOLDING>). And Congress further extended federal Options: A. holding that the regulation of wholesale energy transactions that are fundamentally interstate from beginning to end may come only from the exercise of the power vested in congress B. holding that congress has power to subject the states to wage and hour regulation C. recognizing that the faa is applicable to only those transactions involving interstate commerce D. holding that the states rule dates the beginning of the discovery period only from the filing of the answer E. recognizing power of states to engage in some regulation of interstate commerce

assistant: The best answer is A. holding that the regulation of wholesale energy transactions that are fundamentally interstate from beginning to end may come only from the exercise of the power vested in congress
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The closing (“ Closing ”) of the transactions contemplated hereby shall be held at the offices of Fenwick & West LLP, 801 California Street, Mountain View, California 94041 within one business day following the date on which the last of the conditions set forth in Articles 5 and 6 have been satisfied or waived in accordance with this Agreement but in no event later than August 9, 2017 (such date, the “ Closing Date ”), or at such other time and place as the Company and the Purchasers mutually agree upon.

assistant: Closings
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 to the extent that any of the following would not reasonably be expected to have, individually or in the aggregate, a Servicer Material Adverse Effect, the Servicer and its Subsidiaries are in compliance with all requirements of Applicable Law relating to its Credit Card business and neither Servicer nor any of its Subsidiaries is subject to any order, directive or restriction of any kind issued by any Governmental Authority that restricts in any respect its operation of its business or its ability to perform its obligations under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Borrower and its Subsidiaries has timely filed or caused to be filed all Tax returns and reports required to have been filed and has paid or caused to be paid all Taxes required to have been paid by it, except (a) Taxes that are being contested in good faith by appropriate proceedings and for which the Borrower or such Subsidiary, as applicable, has set aside on its books adequate reserves or (b) to the extent that the failure to do so could not reasonably be expected to result in a Material Adverse Effect. As of the Effective Date, there are no tax sharing agreements or similar arrangements (including tax indemnity arrangements) with respect to or involving the Borrower or any of its Subsidiaries, other than tax sharing agreements between the Borrower and its Subsidiaries.

assistant: Taxes