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: those same arguments. Like the majority of the appellate panel that first reviewed this appeal, we are not persuaded to substitute our judgment for that of the trial court on this evidential ruling. It was for the trial court to assess defendant’s prior conviction’s probative value in light of its remoteness, and we cannot say that the trial court erred in that judgment. The question is not whether we would have made a different determination in the first instance. Rather, we apply the normal, deferential standard and conclude that the trial court did not abuse its discretion when it permitted the use of the prior conviction for impeachment purposes. The conviction was not stale by the standard in use for assessing remoteness. See Harris, supra, 209 N.J. at 436, 444-45, 38 A.3d 559 (<HOLDING>). And, we cannot say that the trial court’s Options: A. holding that prior drug convictions that were four ten and eleven years old were not so remote from the charged drug offenses as to render them inadmissible B. holding two prior convictions more than ten years old admissible where disorderlypersons offenses bridged the gap C. holding that state may charge separately for the same offense but the convictions for more than one of the offenses cannot stand D. holding that evidence of two intervening felony convictions removed taint of remoteness from convictions more than 10 years prior permitting analysis under rule 609a E. holding that prior distribution and possession convictions that were eight and ten years before the charged conduct occurred were not too remote

assistant: The best answer is B. holding two prior convictions more than ten years old admissible where disorderlypersons offenses bridged the gap
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the charged offenses. Because Defendant did not object to this evidence at trial, however, he bears the burden of showing that its admission constituted plain error - meaning that the error was such that it “had a probable impact on the jury’s finding that the defendant was guilty.” State v. Lawrence, 365 N.C. 506, 518, 723 S.E.2d 326, 334 (2012) (citations and quotation marks omitted). We conclude that in light of the overwhelming evidence of Defendant’s guilt — specifically, the voluminous testimony concerning the images found on his computers and the explicit file names of those images, which typically described the age of the subjects and the sexual nature of the content — Defendant cannot establish plain error. See State v. Standi, 355 N.C. 266, 267, 559 S.E.2d 788, 789 (2002) (<HOLDING>). Conclusion For the reasons stated above, we Options: A. holding that inadmissible testimony did not rise to level of plain error because the overwhelming evidence against defendant leads us to conclude that the error committed did not cause the jury to reach a different verdict than it otherwise would have reached B. holding there was not plain error because a different result probably would not have been reached absent the trial courts alleged error C. holding that it was not plain error for the court not to give a self defense jury instruction where the defendant did not request one D. holding that the district court committed plain error by admitting evidence obtained in violation of the fourth amendment where the error did affect a substantial right of the defendants and the admission of evidence which should have been excluded did have a prejudicial impact on the jury E. holding any improper delegation did not rise to level of plain error

assistant: The best answer is A. holding that inadmissible testimony did not rise to level of plain error because the overwhelming evidence against defendant leads us to conclude that the error committed did not cause the jury to reach a different verdict than it otherwise would have reached
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 mere policy change. It was the creation of a new insurance policy with a new named insured. Before McDonald became the named insured, he had never been given the opportunity to accept or reject UIM coverage. 2d 1197, 1200-01 (1993) (en banc) (concluding that, although an insurer by statute must offer uninsured coverage when it initially issues a policy, it need not make another offer when an insured adds, deletes, or replaces vehicles, the court noting that “once an insured has been made aware that the coverage is available, an insurer is not obligated ... to inquire continuously whether the insured really meant to refuse”) (quoting White v. Safeco Ins. Co. of Am., 68 Or.App. 11, 680 P.2d 700 (1984)); El-Habr v. Mountain States Mut. Cas. Co., 626 S.W.2d 171, 172 (Tex.Ct.App.1981) (<HOLDING>), with Withrow v. Pickard, 905 P.2d 800 Options: A. holding that new yorks public policy does not bar insurance coverage for disparate impact employment discrimination but noting that the state of new york insurance department has stated that it is against public policy to provide insurance coverage for intentional acts of discrimination B. holding in a case involving a multiplevehicle policy that a new offer of uninsured motorist coverage was not required for the addition of a new vehicle which was comparable to the renewal or supplementation of an existing policy events that did not trigger the statutory requirement of a new offer the courts holding was based in part upon the principle that an insurance contract is personal to the insured because it insures the risk of loss to the insured and does not attach to specific vehicles C. holding that under minnesota law an insurance policy or provision not filed with the commissioner of insurance is unenforceable D. holding it is settled that in construing an endorsement to an insurance policy the endorsement and the policy must be read together and the words of the policy remain in full force and effect except as altered by the words of the endorsement E. holding an endorsement to an existing insurance policy which added a new vehicle did not create a new contract of insurance but was merged with and became a part of the original policy

assistant: The best answer is E. holding an endorsement to an existing insurance policy which added a new vehicle did not create a new contract of insurance but was merged with and became a part of the original policy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be terminated at any time by the mutual written consent of the Company and the Sellers. Furthermore, this Agreement shall automatically terminate and be of no further force and effect, in the event that the conditions in paragraph 1(b) of this Agreement have not been satisfied within 10 business days after the date hereof or the Public Offering has not been priced by 5 p.m. New York City time on the date that is 4 business days after the date hereof.

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: No failure on the part of the Administrative Agent or any other Secured Party to exercise and no delay in exercising, and no course of dealing with respect to, any right, remedy, power or privilege under any of the Loan Documents shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege under any of the Loan Documents preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges provided herein are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law. The exercise by the Administrative Agent of any one or more of the rights, powers and remedies herein shall not be construed as a waiver of any other rights, powers and remedies, including, without limitation, any rights of set-off.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: character of a person in order to show that he acted in conformity therewith,” though it may be admissible for other purposes. If a trial judge overrules a Rule 404(b) objection, finding the evidence of another crime or wrong admissible for one of these other purposes, the trial judge must also conduct a Rule 403 balancing test. This filtering analysis requires assessing whether the probative value of the evidence outweighs the danger of undue prejudice before evidence may be admitted. Watts v. State, 635 So.2d 1364, 1368 (Miss.1994). ¶ 56. Once again, Grindle did not object or in any way argue that the evidence of his subsequent arrest was being elicited in violation of Rule 404(b). So his Rule 404(b) argument is waived. See Ruben-stein v. State, 941 So.2d 735, 760 (¶ 87) (Miss.2006) (<HOLDING>). And by not objecting under Rule 404(b), his Options: A. holding that plainerror review applies where the defendant fails to object to a constructive amendment B. holding that to admit evidence of prior bad acts under rule 404b ala r evid the state must demonstrate that the evidence was reasonably necessary to its case C. holding rule 16 does not apply to oral statements other than statements of the defendant D. holding admission of prior bad acts of child abuse was reversible error when the defendant did not have exclusive control over the children during the period when the prior bad acts occurred E. holding that failure to object to statements of prior bad acts barred argument on appeal that statements violated rules 404b and 403 without conducting any plainerror analysis

assistant: The best answer is E. holding that failure to object to statements of prior bad acts barred argument on appeal that statements violated rules 404b and 403 without conducting any plainerror analysis
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No ERISA Event has occurred or is reasonably expected to occur that, when taken together with all other such ERISA Events for which liability is reasonably expected to occur, could reasonably be expected to result in a Material Adverse Effect. The Borrower does not have any Plans as of the date hereof. As to any future Plan the present value of all accumulated benefit obligations under each Plan (based on the assumptions used for purposes of Statement of Financial Accounting Standards No. 87) will not exceed the fair market value of the assets of such Plan, and the present value of all accumulated benefit obligations of all underfunded Plans (based on the assumptions used for purposes of Statement of Financial Accounting Standards No. 87) will not exceed the fair market value of the assets of all such underfunded Plans.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Second, it contends that p rk of the courts, preserves the integrity and autonomy of the administrative process, and ensures that when the administrative proceeding does come before the court, the court will have before it that mature, considered, and final articulation of the basis of the agency’s action.” Glisson v. U.S. Forest Serv., 55 F.3d 1325, 1327 (7th Cir.1995) (citing McCarthy v. Madigan, 503 U.S. 140, 144, 112 S.Ct. 1081, 117 L.E.2d 291 (1992)). In order to exhaust a claim, the claim “must be raised with sufficient clarity to allow the decision-maker to understand and rule on the issue raised.” Idaho Sporting Congress, Inc., 305 F.3d at 965 (citing Native Ecosystems Council, 304 F.3d at 900); see also Kleissler v. U.S. Forest Serv., 183 F.3d 196, 202 (3d Cir.1999) (<HOLDING>). Under the APA, claimants may use “general Options: A. holding that issues not raised before the trial court cannot be raised on appeal B. holding that because a claim was never raised in the district court this court would not consider it for the first time on appeal C. holding that to exhaust a claim the claims raised at the administrative appeal must be so similar that the district court can ascertain that the agency was on notice of and had an opportunity to consider and decide the same claims now raised in federal court D. holding that claims including constitutional claims must be asserted in trial court to be raised on appeal E. holding that an issue not raised in the trial court cannot be raised for the first time on appeal

assistant: The best answer is C. holding that to exhaust a claim the claims raised at the administrative appeal must be so similar that the district court can ascertain that the agency was on notice of and had an opportunity to consider and decide the same claims now raised in federal court
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: 392 U.S. 651 88 S.Ct. 2145. 20 L.Ed.2d 1317 Duane Earl POPEv.UNITED STATES. No. 34, Misc. June 17, 1968. Wallace M. Rudolph, for petitioner. Solicitor General Griswold, Assistant Attorney General Vinson, Ralph S. Spritzer, Beatrice Rosenberg and Jerome M. Feit, for the United States. PER CURIAM. 1 The petitioner was convicted by a jury and sentenced to death under the Federal Bank Robbery Act, 18 U.S.C. § 2113(e). The Solicitor General has filed a memorandum for the United States conceding that this death penalty provision 'suffers from the same constitutional infirmity' as that found in the Federal Kidnapping Act, 18 U.S.C. § 1201(a). United States v. Jackson, 390 U.S. 570, 88 S.Ct. 1209, 20 L.Ed.2d 138. Accordingly, the Solicitor General concedes that the petitioner's 'sentence must be vacated and the cause remanded * * * for resentencing.' In light of this concession and upon an independent examination of the record, but without reaching any of the petitioner's other claims, 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 to the United States Court of Appeals for the Eighth Circuit for further proceedings consistent with this opinion. 2 Mr. Justice BLACK and Mr. Justice WHITE dissent for the reasons stated in the dissenting opinion of Mr. Justice WHITE in United States v. Jackson, supra, 390 U.S. 570, 591, 88 S.Ct. 1209, 1222. 3 Mr. Justice BLACK dissents for the further reasons stated in his dissenting opinion in Lopinson v. Pennsylvania, 392 U.S. 647, 648, 88 S.Ct. 2277, 20 L.Ed.2d 1344.

assistant: 1
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: discipline will not be imposed where “[t]he misconduct elsewhere does not constitute misconduct in the District of Columbia.” D.C. Bar R. XI, § 11(c)(5). Due Process Requirements When the Board examined Schoeneman’s misconduct, it relied on the informal summary of charges sent as a courtesy by Virginia Bar Counsel, not the complaint presented to Schoeneman in the course of the investigation in Virginia. That was an error of law. According to Schoeneman, he had not seen that informal summary at the time he resigned in Virginia; there is no contrary indication on the record. When an attorney consents to discipline in another jurisdiction, that attorney must have been apprised of the nature of the charges against him to have been afforded due process. See In re Bielec, 755 A.2d at 1024 (<HOLDING>); In re Day, 717 A.2d at 886 (holding that an Options: A. holding that a party against whom a motion for summary judgment is filed is entitled to notice and a meaningful opportunity to be heard B. holding that due process requires at a minimum an opportunity to be heard at a meaningful time and in a meaningful manner C. recognizing that the essential requisites of procedural due process are notice and meaningful opportunity to be heard D. holding that absent exigent circumstances the due process clause requires the government to afford notice and a meaningful opportunity to be heard before seizing real property subject to civil forfeiture E. holding that procedural due process requires adequate notice and a meaningful opportunity to be heard

assistant: The best answer is E. holding that procedural due process requires adequate notice and a meaningful opportunity to be heard
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 Committee is authorized to make adjustments in the terms and conditions of, and the criteria included in, the Performance Cash (including performance criteria and conditions relating thereto) in recognition of unusual or nonrecurring events (including, without limitation, acquisitions and dispositions of businesses and assets) affecting the Company, any Subsidiary or any business unit, or the financial statements of the Company or any Subsidiary, or in response to changes in applicable laws, regulations, accounting principles, tax rates and regulations or business conditions or in view of the Committee’s assessment of the business strategy of the Company, any Subsidiary or business unit thereof, performance of comparable organizations, economic and business conditions, and any other circumstances deemed relevant, provided that no such adjustment shall be authorized or made if and to the extent that such authority or the making of such adjustment would cause the Performance Cash intended to qualify as “performance-based compensation” under Code Section 162(m) and the regulations thereunder to otherwise fail to qualify as “performance-based compensation” under Code Section 162(m) and regulations thereunder.

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: its provisions will be triggered “after a loss, provided [the insured] elect[s] to repair or replace the damaged dwelling.” (Policy at 33; Def.’s Mot. for JMOL at 8.) Travelers argues that the ARCP Endorsement “is not available until plaintiffs have replaced the destroyed dwelling and the cost of the replacement has exceeded the Dwelling limit.” {Id. at 33.) Nothing in the ARCP Endorsement indicates that “elect” should be interpreted to require an insured to actually complete the repair or replacement of their dwelling, rather than evincing an intent to repair or replace their dwelling. In fact, Travelers’ interpretation of the clause would read out the ARCP Endorsement’s use of the word “elect” entirely. Cf. Minich v. Allstate Ins. Co., 193 CaI.App.4th 477, 122 Cal. Rptr.3d 769 (2011) (<HOLDING>). At the very least, the clause is ambiguous, Options: A. holding that an insured was not entitled to recover through their endorsement coverage where the policy actually required the insureds to repair rebuild or replace their covered property before the endorsement would be triggered B. holding it is settled that in construing an endorsement to an insurance policy the endorsement and the policy must be read together and the words of the policy remain in full force and effect except as altered by the words of the endorsement C. recognizing that endorsement would prevail if inconsistent with policy provisions D. holding location of named driver exclusion in endorsement did not make it ambiguous exclusion applied to all coverage afforded by the policy including the um coverage E. holding that insured had not substantially complied with the policys change of beneficiary provisions when the hospitalized insured was physically unable to leave her bed and was unable to retrieve the policy from her lock box at the bank to return to the company for endorsement as required by the terms of the policy

assistant: The best answer is A. holding that an insured was not entitled to recover through their endorsement coverage where the policy actually required the insureds to repair rebuild or replace their covered property before the endorsement would be triggered
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: constitutionality of government regulations limiting commercial speech: At the outset, we must determine [1] whether the expression is protected by the First Amendment. For commercial speech to come within that provision, it at least must concern lawful activity and not be misleading. Next, we ask [2] whether the asserted governmental interest is substantial. If both inquiries yield positive answers, we must determine [3] whether the regulation directly advances the governmental interest asserted, and [4] whether it is not more extensive than is necessary to serve that interest. Id. at 566, 100 S.Ct. 2343 (Enumeration added). 1. Protected Expression The parties agree that the speech at issue is neither illegal nor misleading under the fir Highway Patrol, 146 F.3d 1133 (9th Cir.1998) (<HOLDING>). As the Supreme Court has noted: “The State’s Options: A. recognizing minnesotas interest in protecting the interests of the child B. holding that even after hudson the prisoners privacy interest in the integrity of his own person is still preserved under bell C. holding that the governments interest in the welfare of children embraces not only protecting children from physical abuse but also protecting childrens interest in the privacy and dignity of their homes and in the lawfully exercised authority of their parents D. holding that governments asserted interest in protecting the privacy of arrestees is substantial under central hudson E. recognizing the sherman acts central interest in protecting the economic freedom of participants in the relevant market

assistant: The best answer is D. holding that governments asserted interest in protecting the privacy of arrestees is substantial under central hudson
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The proceeds of the Loans will be used for general corporate purposes of the Company and its Subsidiaries, and the Letters of Credit will be used to support the reinsurance operations of the Company’s Insurance Subsidiaries and for general corporate purposes of the Company and its Subsidiaries, in each case not in contravention of any Law or any Loan Document.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: Cite as: 573 U. S. ____ (2014) 1 Per Curiam SUPREME COURT OF THE UNITED STATES TARA SHENEVA WILLIAMS v. DEBORAH K. JOHNSON, ACTING WARDEN ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 13–9085. Decided July 1, 2014 PER CURIAM. The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judg- ment of the United States Court of Appeals for the Ninth Circuit is vacated, and the case is remanded for considera- tion of petitioner’s Sixth Amendment claim under the standard set forth in 28 U.S. C. §2254(d). It is so ordered.

assistant: 1
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: failure to identify its standard of review and the lens through which it applies its judicial scrutiny perhaps explains its conclusions. In oy a presumption in favor of constitutionality, the Florida Supreme Court and this Court have repeatedly held that zoning restrictions must be upheld unless they bear no substantial relation to legitimate societal policies or it can be clearly shown that the regulation is a mere arbitrary exercise of the municipality’s police power. See Dep’t of Cmty. Affairs v. Moorman, 664 So.2d 930, 933 (Fla.1995) (“[W]e have repeatedly held that zoning restrictions must be upheld unless they bear no substantial relationship to legitimate societal policies.”); Harrell's Candy Kitchen, Inc. v. Sarasota-Manatee Airport Auth., 111 So.2d 439, 443 (Fla.1959) (<HOLDING>); City of Coral Gables v. Wood, 305 So.2d 261, Options: A. holding that zoning regulations are presumptively valid and the burden is upon him who attacks such regulation to carry the extraordinary burden of both alleging and proving that it is unreasonable and bears no substantial relation to public health safety morals or general welfare B. holding that the government bears the burden of proving voluntary consent under the totality of the circumstances C. holding defendant bears the burden of proving an accord and satisfaction defense D. holding that the burden is on the plaintiff E. holding that the defendant bears the burden of proving outside contact with the jury

assistant: The best answer is A. holding that zoning regulations are presumptively valid and the burden is upon him who attacks such regulation to carry the extraordinary burden of both alleging and proving that it is unreasonable and bears no substantial relation to public health safety morals or general welfare
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 Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement and the Notes, if any, may be declared to be forthwith due and payable as provided in Section 8.02 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 8.02 ) for purposes of Section 11.01 , notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 11.01 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: See, e.g., Fortune v. National Cash Register Co., 364 N.E.2d 1251, 1257 (Mass. 1977) (bad faith termination to prevent salesperson from obtaining earned commission actionable under breach of implied covenant of good faith and fair dealing). In rejecting this theory, we note that at-will employees are not without remedies for wrongful termination. In addition to statutory protections such as Vermont’s Fair Employment Practices Act (VFEPA), 21 V.S.A. § 495, relief may be had under several common law theories. See Taylor, 161 Vt. at 464-65, 652 A.2d at 471 (employee handbook may unilaterally modify employment relationship); Foote, 158 Vt. at 571, 613 A.2d at 1279-80 (promissory estoppel may modify employment contract otherwise terminable at will); Payne, 147 Vt. at 491, 520 A.2d at 588 (<HOLDING>). Plaintiff next asserts violations of VFEPA. Options: A. recognizing the public interest exception B. recognizing three exceptions to atwill doctrine C. holding that an employee could maintain a claim for constructive discharge in violation of virginias public policy exception to the employment atwill doctrine D. recognizing public policy exception to atwill doctrine E. recognizing narrow whistleblower exception to the atwill doctrine

assistant: The best answer is D. recognizing public policy exception to atwill doctrine
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 Note shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of laws. Any action brought by either party against the other concerning the transactions contemplated by this Note shall be brought only in the state and/or federal courts of New York City, NY. The parties to this Note hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon,fbrum non conveniens. The Borrower and Holder waive trial by jury. The prevailing party shall be entitled to recover from the other party its reasonable attorney's fees and costs. In the event that any provision of this Note or any other agreement delivered in connection herewith is invalid or unenforceable under any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall he deemed modified to conform with such statute or rule of law. Any such provision which may prove valid or unenforceable under any law shall not affect the validity or enforceability of any other provision of any agreement. Each party hereby irrevocably waives personal service of process and consents to process being served in any suit, action or proceeding in connection with this Agreement or any other Transaction Document by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “there would be problems with Ms. Adlard because of the previous lawsuit” if Perry were promoted. Miller also admitted in her deposition that she probably told Thomas that Adlard would have a question if Perry were promoted. This evidence indicates that Miller’s motivations- were retaliatory in nature: Miller was unwilling to promote Perry due to “problems” created by Perry’s past lawsuit. Moreover, Miller’s treatment of Perry need not have been actually unlawful for Thomas’ opposition to be protected expression. See Ceballos, 361 F.3d at 1179 (concluding that an assistant district attorney engaged in protected speech when he alleged criminal wrongdoing by an officer even though those allegations proved to be erroneous); Johnson v. Multnomah County, Or., 48 F.3d 420, 424 (9th Cir.1995) (<HOLDING>). [4] Although Thomas did not explicitly tell Options: A. holding that statements made only to supervisor and chief by police officer were matters of public concern B. holding that when a person reports cases of possible patient abuse that speech is a matter of public concern C. holding that an employees accusations of mismanagement and possible criminal conduct against her immediate supervisor constituted speech of public concern even though they were recklessly false D. holding public employees conduct and expression in internal investigation of employees at county prosecutors office to expose potential wrongdoing constituted matter of public concern E. holding commonlaw presumption that defamatory speech is false cannot stand when plaintiff sues media defendant for speech of public concern

assistant: The best answer is C. holding that an employees accusations of mismanagement and possible criminal conduct against her immediate supervisor constituted speech of public concern even though they were recklessly false
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: At any time during or after the Term, Executive agrees that he will fully cooperate with the Company, its attorneys and agents in the preparation and filing of all papers and other documents as may be required to perfect the Company’s rights in and to any of such Inventions, including, but not limited to, executing any lawful document (including, but not limited to, applications, assignments, oaths, declarations and affidavits) and joining in any proceeding to obtain letters patent, copyrights, trademarks or other legal rights of the United States and of any and all other countries on such Inventions, provided that any patent or other legal right so issued to Executive, personally, shall be assigned by Executive to the Company without charge by Executive. Executive further designates the Company as his agent for, and grants to the Company a power of attorney with full power of substitution, which power of attorney shall be deemed coupled with an interest, for the purpose of effecting the foregoing assignments from Executive to the Company. Company will bear the reasonable expenses which it causes to be incurred in Executive’s assisting and cooperating hereunder. Executive waives all claims to moral rights in any Inventions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Lenders agree to reimburse and indemnify (to the extent not reimbursed by a Borrower and without limiting the obligation of any Borrower to do so) the Agent ratably in proportion to the USD Equivalent of their respective Commitments (or, if the Commitments have been terminated, in proportion to the USD Equivalent of their respective Commitments immediately prior to such termination) (i) for any amounts not reimbursed by the Company for which the Agent is entitled to reimbursement by the Company or the other Borrowers under the Loan Documents, (ii) for any other expenses incurred by the Agent on behalf of the Lenders, in connection with the preparation, execution, delivery, administration and enforcement of the Loan Documents, and (iii) for any liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind and nature whatsoever which may be imposed on, incurred by or asserted against the Agent in any way relating to or arising out of the Loan Documents or any other document delivered in connection therewith or the transactions contemplated thereby, or the enforcement of any of the terms thereof or of any such other documents, provided that no Lender shall be liable for any of the foregoing to the extent any of the foregoing is found in a final non-appealable judgment by a court of competent jurisdiction to have resulted from the gross negligence or willful misconduct of the Agent. The obligations of the Lenders under this Section 11.8 shall survive payment of the Obligations and termination of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as expressly provided to the contrary herein, each section, paragraph, part, term, or provision of this Agreement shall be considered severable, and if for any reason any section, paragraph, part, term, or provision herein is determined to be invalid and in violation of any existing or future law or regulation by a court or governmental agency having valid jurisdiction, such determination shall not impair the operation of or have any other effect on other sections, paragraphs, parts, terms, or provisions of this Agreement as may remain otherwise intelligible, and the latter shall continue to be given full force and effect and bind the parties hereto, and said invalid sections, paragraphs, parts, terms, or provisions shall not be deemed to be a part of this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: county, or to seek assistance from the neighboring county’s Sheriff, even though they knew the exact address of his employer, and they never called the plaintiff to inform her that her ex-husband had not been served. Id. About two weeks after the protective order issued, the plaintiffs ex-husband broke into her home and shot her several times. Id. She survived, and sued the county on, among other theories, a state-created-danger theory, due to the deputies’ failure to serve her ex-husband with the protective order. Id. at 430. The Sixth Circuit rejected this argument, reaffirming that only affirmative acts on the part of a county can give rise to such liability; the fact that blatant inaction incre L.Ed.2d 704 (1999); Stemler v. City of Florence, 126 F.3d 856 (6th Cir.1997) (<HOLDING>), cert. denied, 523 U.S. 1118, 118 S.Ct. 1796, Options: A. holding that where a mother had established a place of residence for her pregnant daughter and her daughters boyfriend and loaned the daughter her car where the daughter had allowed the boyfriend to use the car and the boyfriend was the one who maintained and serviced the car and where the mother had seen the boyfriend driving the car without telling him not to that the boyfriend had implied permission to use the car the court found that the evidence demonstrated implied permission through the relationship between the parties and the course of conduct B. holding that where officers order an individual under threat of arrest into the car of her obviously inebriated boyfriend and shortly thereafter she is killed when her boyfriend wrecks his car on an interstate highway a 1983 claim can be pursued against the state on a statecreateddanger theory of liability C. holding that where officers release an inebriated individual from custody on a dark busy highway against his will and the individual is subsequently struck by a car a 1983 claim can be pursued against the state on a statecreateddanger theory of liability D. holding that there was probable cause for arrest where officers knew defendants had recently been with suspected drug dealer officers saw defendants car being maneuvered so as to indicate that surveillance had been detected and when officers approached car defendant attempted to place package under car and then pulled the package back inside the car and closed and locked the car door E. holding that an arrest to retrieve car keys where ownership of the car was in dispute was not supported by probable cause

assistant: The best answer is B. holding that where officers order an individual under threat of arrest into the car of her obviously inebriated boyfriend and shortly thereafter she is killed when her boyfriend wrecks his car on an interstate highway a 1983 claim can be pursued against the state on a statecreateddanger theory of liability
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: VA notice informing appellant of possible entitlement to DIC); Saylock v. Derwinski, 3 Vet.App. 394, 395 (1992) (as to mailing of RO decision). In Ashley II, the Court stated as follows: [W]here an appellant submits clear evidence to the effect that the BVA’s “regular” mailing practices are not regular or that they were not followed, the Secretary is no long an incorrect address for a claimant constitutes the “clear evidence” needed to rebut the presumption of regularity that the BVA properly mailed notice of its decision to the claimant under section 7104(e), which requires the notice of a BVA decision to be sent to the claimant at the claimant’s “last known address” of record. Fluker v. Brown, 5 Vet.App. 296, 298 (1993); Piano v. Brown, 5 Vet.App. 25, 26-27 (1993) (per curiam order) (<HOLDING>). This Court also has held that the presumption Options: A. holding that mailing of titleregistration forms satisfied mailing requirement because they contributed to success of the scheme B. holding that bvas use of incorrect address in mailing bva decision to appellant constituted clear evidence rebutting presumption of regularity inasmuch as it showed that mailing appeared to be irregular f quoting ashley ii 2 vetapp at 309 C. holding that absent evidence that claimant took affirmative steps after filing va form 19 substantive appeal to bva to change address he provided on it bva was entitled to rely on that address as being his last known address under 38 usc 7104e and to use it for purposes of mailing copy of its decision D. recognizing that proof of a business system of preparing and mailing letters and compliance with such a custom in the particular instance is sufficient to establish proof of mailing E. holding that after presumption of regularity of mailing was rebutted secretary did not meet his burden of establishing that bva decision was mailed to veteran as required by section 7104e

assistant: The best answer is B. holding that bvas use of incorrect address in mailing bva decision to appellant constituted clear evidence rebutting presumption of regularity inasmuch as it showed that mailing appeared to be irregular f quoting ashley ii 2 vetapp at 309
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: Vallo, 298 F.Supp.2d at 1233-35 (amendment to bring intentional infliction of emotional distress claim denied as futile as arises out of assault and battery); Trujillo v. United States, 2003 WL 23358261, *4-5, 313 F.Supp.2d 1146, 1152 (D.N.M.2003)(conduct underlying negligent and intentional infliction of emotional distress claims, described as “physical assault,” clearly arises out of intentional tort claims and is barred by § 2680(h)); cf. Truman v. United States, 26 F.3d 592, 595-96 (5th Cir.1994)(as no allegation that offensive contact directly or indirectly resulted from perpetrator’s actions, claim for intentional infliction of emotional distress cannot arise out of battery or assault and is not barred by § 2680(h)); Sheehan v. United States, 896 F.2d 1168, 1172-73 (9th Cir.1990)(<HOLDING>). An Order in accordance with this Memorandum Options: A. recognizing the tort of intentional infliction of emotional distress B. recognizing torts of intentional and negligent infliction of emotional distress C. holding that act did not bar intentional infliction of emotional distress claim D. holding that intentional infliction of emotional distress is a personal injury tort E. holding claim based on conduct constituting intentional infliction of emotional distress not excluded as a matter of law from ftca by 2680h remanding for determination of whether allegations will permit proof of conduct not within definition of excluded torts so as to support claim of injury from intentional infliction of emotional distress independent of injury suffered from excluded conduct

assistant: The best answer is E. holding claim based on conduct constituting intentional infliction of emotional distress not excluded as a matter of law from ftca by 2680h remanding for determination of whether allegations will permit proof of conduct not within definition of excluded torts so as to support claim of injury from intentional infliction of emotional distress independent of injury suffered from excluded conduct
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by the Borrower of this Agreement are within the Borrower’s organizational powers, have been duly authorized by all necessary organizational action, require no action by or in respect of, or filing with, any Governmental Authority except such as have been obtained and do not contravene, or constitute a default under, any provision of the articles of incorporation or bylaws of the Borrower.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, together with the Credit Agreement and the other Loan Documents, integrates all the terms and conditions mentioned herein and supersedes all oral representations and negotiations and prior writings with respect to the subject matter hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, each of which shall be deemed an original, and all such counterparts shall together constitute a single agreement. A facsimile, photostatic or electronic (e.g., PDF format) copy of this Agreement as executed shall be deemed an original.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the substantive practice area requirements for the arbitrator and the $ 10,000,000 threshold for the number of arbitrators assigned to the dispute set forth in the paragraph above will also apply to any such arbitration under jams or other arbitration service .

assistant: None