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: Jr., on or about the 21st day of February, AD., 1993, and before the presentment of this indictment, in said County and State, did then and there intentionally and knowingly enter a habitation without the effective consent of Betty Ann Gardner, the owner, and therein attempted to commit and committed the felony of Aggravated Assault. The State notes the penal code defines aggravated assault as an assault whereby the assailant “eause[d] serious bodily injury” or “use[d] or exhibit[ed] a deadly weapon during the commission of the [offense].” Tex. Penal Code Ann. § 22.02(a)(1), (2) (Vernon 1994). The State further suggests it necessarily follows from the statutory definition that if appellant is charged with committing aggravated assault, he is implicitly charged wi —Waco 1993, no pet.) (<HOLDING>); Mixon v. State, 781 S.W.2d 345, 346 (Tex. Options: A. holding that indictment alleging defendant committed attempted murder by stabbing with a knife was proper notice of intent to seek deadly weapon finding B. holding that indictment alleging serious bodily injury caused by motor vehicle colliding with a fixed object provides sufficient notice of states intent to seek deadly weapon finding C. holding offense of carjacking while armed with a deadly weapon may be committed by holding the open blade of a pocket knife to the victims throat whether an object is a deadly weapon ie whether it is likely to produce death or great bodily harm is a factual question to be answered by the jury in each case D. holding death caused by unknown object provides sufficient notice E. holding an allegation that defendant caused death by cutting victims throat with sharp object was sufficient to give notice of states intent to seek deadly weapon finding

assistant: The best answer is E. holding an allegation that defendant caused death by cutting victims throat with sharp object was sufficient to give notice of states intent to seek deadly weapon finding
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: Awards may be granted only to Eligible Participants. Eligible Participants who are service providers to an Affiliate may be granted Options or SARs under this Plan only if the Affiliate qualifies as an “eligible issuer of service recipient stock” within the meaning of §1.409A-1(b)(5)(iii)(E) of the final regulations under Code Section 409A.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All rights and remedies hereunder and under the Indenture and the other Transaction Documents are cumulative and not alternative, and the Trustee or the Noteholders may proceed in any order from time to time against the Issuer, the Guarantor or any other guarantor of all or any part of the Obligations and their respective assets. Neither the Trustee nor the Noteholders shall have any obligation to proceed at any time or in any manner against, or exhaust any or all of the Trustee’s or the Noteholders’ rights against, the Issuer or any other guarantor of all or any part of the Obligations prior to proceeding against the Guarantor hereunder. No failure or delay on the part of the Trustee or the Noteholders in the exercise of any power, right or privilege shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. No amendment, modification or waiver of any provision of this Guarantee, or consent to any departure by the Guarantor therefrom, shall be effective unless the same shall be in writing and signed by the Trustee and the Guarantor. Each amendment, modification or waiver shall be effective only in the specific instance and for the specific purpose for which it was given.

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 Participant shall, to the extent required by applicable law or regulations, be required to pay to the Company or any Affiliate, and the Company or any Affiliate shall withhold from any issuance or transfer due in connection with the RSUs under this Agreement or under the Plan, applicable withholding taxes and social insurance contributions required to be withheld with respect to the RSUs, this Agreement or any issuance or transfer under this Agreement or under the Plan. Where legally permissible, the Participant may further direct the Company or any affiliate to withhold from any such issuance or transfer applicable withholding taxes and/or social insurance contributions where the withholding is not mandatory under applicable law or regulations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in his backpack. ¶ 6 Hummons moved to suppress this evidence, arguing that it was obtained as the result of an illegal detention. The trial court denied the motion, finding the officer’s encounter with Hummons consensual. Without addressing the consent issue, the court of appeals affirmed, concluding that even if Hummons had been illegally detained during the warrant cheek, the discovery of the arrest warrant constituted an intervening circumstance that dissipated the taint of any prior illegality. Hummons, 225 Ariz. at 257-58 ¶¶ 8-11, 236 P.3d at 1204-05. II. DISCUSSION A. Attenuation Doctrine ¶ 7 Law enforcement officers have wide latitude to approach people and engage them in consensual conversation. See Florida v. Royer, 460 U.S. 491, 497, 103 S.Ct. 1319, 75 L.Ed.2d 229 (1983) (<HOLDING>). They are also free to request identification. Options: A. holding that the doorway of the home is a public place for purposes of the warrant requirement of the fourth amendment B. holding that an arrest made by an officer outside his jurisdiction does not violate the fourth amendment C. recognizing private damage action for fourth amendment violations by federal officers D. holding that a search incident to a lawful arrest does not violate the fourth amendment E. holding officers do not violate fourth amendment by approaching citizen in public place and asking permission to question

assistant: The best answer is E. holding officers do not violate fourth amendment by approaching citizen in public place and asking permission to question
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: Concurrently herewith, Borrower shall cause VIVOPHARM PTY LTD to execute and deliver to PFG the Consent and Reaffirmation attached hereto as Schedule 1.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as described in the recitals hereto, this Agreement may not be assigned by operation of law or otherwise without the express written consent of Willis and WEST (which consent may be granted or withheld in the sole discretion of Willis and WEST). Notwithstanding anything herein to the contrary, the parties hereto acknowledge and agree that WEST has assigned this Agreement (including all of it rights hereunder) as security to the Security Trustee.

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 legal provision and list the applicable contract clause categories. Provision: Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned by any of the parties hereto (whether by operation of law or otherwise) without the prior written consent of the other parties; provided , however , Parent may assign this Agreement and its rights, interests and obligation hereunder, to any party that acquires substantially all of the assets of Parent and provided , further , Parent shall remain responsible for performance of its obligations hereunder. Subject to the preceding sentence, this Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Except as otherwise expressly provided herein, this Agreement (including the documents and instruments referred to herein) is not intended to confer upon any person other than the parties hereto and the Company Member any rights or remedies hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No Transaction Document or provision thereof may be waived, amended or modified except, in the case of this Agreement, by an agreement or agreements in writing executed by Product Sub and the Investor or, in the case of any other Transaction Document, by an agreement or agreements in writing entered into by the parties thereto with the prior written consent of the Investor.

assistant: Modifications
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: Texas for private passenger automobiles must use this form. See id. 2 . The trial court granted summary judgment before reaching the class certification issue. 3 . All of Carlton’s claims below are premised on the notion that Texas automobile insurance contracts require coverage of inherent diminished value. 4 .Carlton actually asserts only four issues; the first issue merely states that the trial court erred in granting summary judgment and sets out the summary judgment law without stating how the trial court erred. 5 . Trinity filed another motion to strike portions of Carlton’s post-submission briefing. Although Trinity characterized this filing as its third motion to strike, there are only two such motions on file. We denied this second motion, resolv , 143 S.E.2d 903, 906 (1965) (<HOLDING>). 18 . See Milby Auto Co. v. Kendrick, 8 S.W.2d Options: A. holding that when the insurer elects to repair or replace the damaged part with other of like kind and quality less depreciation the insurer is obligated to put the automobile in substantially the same condition it was prior to the collision so as to render it as valuable and serviceable as before with the insured being compensated for any deficiency in loss of actual value B. holding that if repairs to a firedamaged vehicle with parts of like kind and quality would not restore the vehicle to its former market value the proper measure of damages was the difference in market value before and after the loss C. holding that unless the collision resulted in a total loss the measure of recovery is the difference between the fair market value of the vehicle in the condition in which it was immediately prior to the collision and its value thereafter D. holding that to find the measure of damages as the difference in market value immediately before and after the collision would be arbitrarily reading out of the policy the right of defendant to make repairs or replace the damaged part with materials of like kind and quality E. holding that if repairs to a firedamaged vehicle with parts of like kind and quality would not restore the vehicle to its former market value the proper measure of damages was the difference in market value before and after the loss where the policy limited liability to the cost to repair or replace the property with other of like kind and quality less depreciation

assistant: The best answer is D. holding that to find the measure of damages as the difference in market value immediately before and after the collision would be arbitrarily reading out of the policy the right of defendant to make repairs or replace the damaged part with materials of like kind and quality
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: this court. Specifically, Haberland v. Bulkeley, 896 F.Supp.2d 410 (E.D.N.C.2012), which Defendants rely bn, allowed the court to "consider documents that are referenced in and central to the complaint, and the authenticity of , which neither party questions,” Haberland, 896 F.Supp.2d at 419. The Haberland court used this logic to allow consideration of documents filed with the Securities and Exchange Commission and refer- ' enced specifically in the complaint. Here, the documents Defendants would like this court to consider were not referred to in the com- ’ plaint and are not public filings. Therefore, this court finds it improper to consider these documents, like the Davis service agreement, at this time. See also Phillips v. LCI Int’l, Inc., 190 F.3d 609, 618 (4th Cir.1999) Options: A. holding that the district court did not abuse its discretion in dismissing a complaint with prejudice based on the plaintiffs failure to amend the complaint by the deadline imposed by the court B. holding court could consider a mortgage agreement not attached to the complaint in ruling on motion to dismiss because the complaint refers to the mortgage numerous times the mortgage is attached to this motion and is central to plaintiffs claims C. holding that the court may consider an article not attached to the complaint in determining whether to dismiss the complaint because the article was integral to and explicitly relied on in the complaint and because the plaintiffs did not challenge its authenticity D. holding that although a district court may not consider matters extraneous to the pleadings a document integral to or explicitly relied upon in the complaint may be considered without converting the motion to dismiss in one for summary judgment E. holding that documents integral to the complaint are properly considered on a motion to dismiss

assistant: The best answer is C. holding that the court may consider an article not attached to the complaint in determining whether to dismiss the complaint because the article was integral to and explicitly relied on in the complaint and because the plaintiffs did not challenge its authenticity
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: not protected speech and that Defendant’s challenges are more properly addressed by requiring the government to prove “knowing” receipt or possession. (Doc. no. 86, pp. 6-7.) The government has the better argument. , In addressing these challenges, the Court begins by noting that an overbreadth challenge is one based on a statute’s “possible and indirect burdens on speech.” Am. Booksellers v. Webb, 919 F.2d 1493, 1499-1500 (11th Cir.1990). As explained by the Eleventh Circuit, the overbreadth doctrine “is designed to protect ‘the public from the chilling effect ... a statute has on protected speech; [accordingly,] the court will strike down the statute even though the governmental entity enforced the statute against those engaged in unprotected activities.’ ” Weaver v. (11th Cir.1985) (<HOLDING>). As child pornography is not protected speech, Options: A. holding that our courts are bound by the united states supreme courts interpretation of the federal constitution B. recognizing the supreme courts interpretation of the federal feloninpossession statute as binding C. recognizing courts duty to reconcile opinions from the georgia supreme court D. recognizing the supreme courts holding in ferber E. recognizing that the supreme court maintained the trial courts fact finding authority without setting a new standard in booker

assistant: The best answer is D. recognizing the supreme courts holding in ferber
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, the Borrower or the Administrative Agent, sell participations to any Person (other than a natural person, a Defaulting Lender or the Borrower or any of the Borrower’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrower, the Administrative Agent and the Lenders shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the term of this Agreement (including all renewal periods, if any, the “ Term ”), Executive agrees to be employed by and to serve as the Sr. Vice President, Research & Development and Luminex agrees to employ and retain Executive in such capacity subject to the provisions of this Agreement. Executive shall have such powers, authority and duties, and shall render such services of executive and administrative character, or act in such other capacity for Luminex, as the President & Chief Executive Officer shall from time to time lawfully direct and Executive shall report directly to the President & Chief Executive Officer. Executive shall devote substantially all of his business time, energy, and skill to the business of Luminex.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Agents shall be satisfied that the Collateral Agent has been granted, and holds, for the benefit of the Agents and the Lenders, a perfected, first priority Lien on and security interest in all of the Collateral, subject only to Permitted Encumbrances, to the extent such Liens and security interests are required pursuant to the Credit Agreement and the Other Documents to be granted or perfected on or before the Amendment No. 5 Effective Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower represents and warrants that the execution and delivery of this Amendment, the consummation of the transactions contemplated herein and in the Loan Agreement (before and after giving effect to this Amendment), and the performance of and compliance with the terms and provisions hereof by the Borrower will not (a) violate, contravene or conflict with any provision of its articles or certificate of incorporation, bylaws or other organizational or governing document, (b) violate, contravene or conflict with any law, rule, regulation (including, without limitation, Regulation U and Regulation X), order, writ, judgment, injunction, decree or permit applicable to the Borrower, (c) violate, contravene or conflict with contractual provisions of, or cause an event of default under, any indenture, loan agreement, mortgage, deed of trust, contract or other agreement or instrument to which the Borrower is a party or by which it or its properties may be bound, the violation of which would have or would reasonably be expected to have a Material Adverse Effect or (d) result in or require the creation of any Lien upon or with respect to the Borrower’s properties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original instrument, but all of which together shall constitute but one and the same instrument. Facsimile signatures shall be considered binding.

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 legal provision and list the applicable contract clause categories. Provision: Purchaser has all necessary power and authority to enter into this Agreement and the Assignment and Assumption Agreement and to perform all of the obligations to be performed by it under this Agreement and the Assignment and Assumption Agreement. This Agreement and the Assignment and Assumption Agreement, and the consummation by Purchaser of the transactions contemplated hereby and thereby have been duly and validly authorized by all necessary corporate action of Purchaser, and this Agreement has been duly executed and delivered by Purchaser. This Agreement constitutes, and the Assignment and Assumption Agreement, when executed by Purchaser will constitute, the valid and binding obligations of Purchaser, enforceable against Purchaser in accordance with their respective terms except as such enforcement may be limited by Bankruptcy and Equity Exceptions.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 5.4 subject to your compliance with these terms , airbnb grants you a limited , non-exclusive , non-sublicensable , revocable , non-transferable license to ( i ) download and use the application on your personal device ( s ) ; and ( ii ) access and view any collective content made available on or through the airbnb platform and accessible to you , solely for your personal and non-commercial use .

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: this and the other accompanying provisions as providing the lender with two options: “[1] the option to accelerate the entire debt, in which event interest would accrue on both the First and Second Parts, or [2] simply accept the missed payments, albeit late, at a higher [default] interest rate to compensate for the time value of money.” Id. at 197. Here, the provision we are interpreting simply is not analogous to the contract provision at issue in PCH Associates. The notes at issue in this case require that the default interest provision be triggered after acceleration and only provide the lend er with one option. Therefore, PCH Associates is inapposite. B. Option to Accelerate 1. Affirmative Action Required Beal argues that even if it was req 2d 455, 71 P.2d 330, 332 (1937) (<HOLDING>); What Is Essential to Exercise of Option to Options: A. holding that the holder of the note must act in a manner that effectively provides notice that the holder has exercised his option B. holding that the mortgage conveys such interests that the mortgagee is the holder of the paramount title C. holding that even if the doctrine applies to option contracts no conversion would take place until the option were exercised by the party having the right of election D. holding that because a mortgage provides the security for the repayment of the note the person having standing to foreclose a note secured by a mortgage may be either the holder of the note or a nonholder in possession of the note who has the rights of a holder E. holding that where a mortgagee is acting on behalf of the note holder there is no disconnection between note and mortgage and the mortgagee may foreclose

assistant: The best answer is A. holding that the holder of the note must act in a manner that effectively provides notice that the holder has exercised his option
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 may otherwise be provided herein, a number of PSUs (rounded down to the nearest whole number) (the “ Earned PSUs ”), if any, equal to the sum of (i) the EPS Earned PSUs (as defined in Annex A hereto) plus (ii) the TSR Earned PSUs (as defined in Annex A hereto) shall vest on the third anniversary of the Date of Grant (such date, the “ Vesting Date ”), subject to Participant having not incurred a Termination of Employment prior to the Vesting Date. NBHC shall issue one Share to Participant for each Earned PSU within 10 days following the Vesting Date (and in no event later than March 15, 20[__]).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM AGAINST OUT OF OR RELATING TO THE PLAN OR THIS RESTRICTED STOCK AWARD AGREEMENT (INCLUDING THESE TERMS).

assistant: Waiver Of Jury Trials
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: all content available through the service , including designs , text , graphics , images , information , software , audio and other files , and their selection and arrangement ( the `` service content '' ) , are the proprietary property of duolingo or its licensors .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: skype may at its option , terminate its relationship with you , or may suspend your subscription immediately if it determines you are using your subscription contrary to this fup or skype 's terms of use .

assistant: Unilateral termination
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: awards arising from LCAs than from reviews of CBA determinations. In Cooper Natural Resources, the arbitrator ignored the LCA, relying solely on the CBA. The court in that case was not faced with an issue like that in the present case, where the arbitrator interpreted a provision of the LCA and a party challenged the arbitrator’s interpretation. Thus, Cooper Natural Resources does not support Continental’s position that a more searching review of an arbitrator’s interpretation of an LCA is mandated. Second, none of the authorities relied upon by the court in Cooper Natural Resources support a “no deference” standard of review for awards arising from LCAs. In Tootsie Roll Indus., Inc. v. Local Union No. 1, Bakery, Confectionery & Tobacco Workers’ Int’l Union, 832 F.2d 81 (7th Cir.1987) (<HOLDING>), the court applied the same standard of review Options: A. holding that a court reviewing an arbitrators award in an act 111 grievance arbitration involves questions regarding 1 the jurisdiction of the arbitrator 2 the regularity of the proceedings 3 an excess of the arbitrators powers and 4 deprivation of constitutional rights B. holding that an arbitrators award should have been vacated C. recognizing that prevailing party has remedies available at common law to enforce arbitrators award D. holding that arbitrators award will be vacated if mistaken as to applicable law E. holding that arbitrators award of temporary interim equitable relief can be confirmed

assistant: The best answer is B. holding that an arbitrators award should have been vacated
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: sentence unambiguously excludes “any claim” arising out of the excluded driver’s operation of a motor vehicle. The second sentence clearly states that this exclusion “includes” claims of vicarious liability. To interpret the second sentence as limiting the scope of the first sentence to only instances when the excluded driver is liable would result in a strained and unnatural interpretation of the contractual language. See id. at 868-69 (‘We do not indulge in a strained or unnatural interpretation of policy language merely to find ambiguity.”). For these reasons, we conclude the second sentence of the named driver exclusion cannot reasonably be interpreted as a limitation on the exclusion of “any claim” as stated in the first sentence of the provision. See Nelson, 162 P.3d at 1234-35 (<HOLDING>). Consequently, the second sentence of the Options: A. holding second sentence of a nearly identical exclusion did not limit the scope of the exclusion B. holding exclusion was not ambiguous C. holding nearly identical named driver exclusion was plain and unambiguous and excluded claim brought under um coverage D. holding nearly identical exclusion did not violate public policy noting there is no clear legislative pronouncement of public policy requiring umuim coverage for a named driver exclusion E. holding exclusion was harmless error

assistant: The best answer is A. holding second sentence of a nearly identical exclusion did not limit the scope of the exclusion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. Accordingly, it is agreed that the Parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity. The remedies of the Parties under this Agreement are cumulative and shall not exclude any other remedies to which any person may be lawfully entitled.

assistant: Enforcements
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: 3092 (“The authority of police to seize and remove from the streets vehicles impeding traffic or threatening public safety and convenience is beyond challenge.”); Matthews, 591 F.3d at 235 (“Police officers frequently perform inventory searches when they impound vehicles or detain suspects.”). Contrary to Appellants’ contention, Officer Johnson was not required to arrest Barksdale before conducting the search or contact the registered owner of the vehicle prior to impounding the vehicle, which was obstructing traffic in a busy roadway. Nor was Officer Johnson required to ascertain whether one of the passengers had a valid driver’s license, where the registered owner was not present to give consent to such a third party. See United States v. Brown, 787 F.2d 929, 932-33 (4th Cir.1986) (<HOLDING>). We also reject Appellants’ contention that Options: A. holding that a vehicle was readily mobile even though it was locked and its owner was in police custody because other individuals might also have access to the car B. holding that an officer intentionally hitting the plaintiffs head into the top of the police car as the plaintiff was being placed in the police car could be excessive force C. holding that even if an officers stop of a defendant who was on foot was unlawful the search of a parked car was justified by a different officer observing a gun magazine in plain view in the car D. holding that police officer could reasonably have impounded defendants vehicle either because there was no known individual immediately available to take custody of the car or because the car could have constituted a nuisance in the area in which it was parked E. holding that parked police vehicle could not constitute other traffic

assistant: The best answer is D. holding that police officer could reasonably have impounded defendants vehicle either because there was no known individual immediately available to take custody of the car or because the car could have constituted a nuisance in the area in which it was parked
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: GenMark shall have the sole power, authority and discretion to enforce and exploit the GenMark Intellectual Property Rights and Inventions against third parties. Plexus shall cooperate and assist GenMark as requested by GenMark in any legal action to enforce such rights. All costs of any such legal action, including any costs and expenses actually incurred by Plexus to support GenMark’s requests for assistance, shall be borne by GenMark, and any monetary relief granted as a result of such legal action shall accrue solely to GenMark. Plexus agrees to provide GenMark with prompt notice to the extent it has actual knowledge of, or reasonably suspects, any third party usage or infringement of the GenMark Intellectual Property Rights or Inventions.

assistant: Enforcements
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 shall be used by the Borrower (and, to the extent distributed to them by the Borrower, each other Group Member) solely for working capital needs, general corporate purposes, and other purposes not prohibited by the Loan Documents, of the Borrower and its Restricted Subsidiaries.

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 case excerpt and choose the best holding from the options. Case excerpt: majority’s view, that term must be equally unambiguous in the context of witnesses in § 6322(a)(2), for one statutory term cannot have two distinct meanings. As noted, Hall sensibly agrees with the government that “summoned” in § 6322(a) must have the same meaning in both subsections (a)(1) and (a)(2). See Oral Arg. at 4:30; Br. Def.-Appellee United States, at 34-35. If the majority’s opinion is to be read— as I believe it must — that “summoned” in § 6322(a) invariably means having received any court-issued summons, then the majority’s opinion necessarily abrogates those administrative decisions that interpret “summoned” flexibly to accommodate the limitations of the court leave system. See, e.g., In re Entitlement of Emp.-Defendant to Court Leave, 62 Comp.Gen. 87, 1982 WL 26713 (1982) (<HOLDING>); In re Pasake, 59 Comp.Gen. 290, 1980 WL 17976 Options: A. recognizing that a damages remedy is not ordinarily available where the alleged agreement is entirely concerned with the conduct of the parties in a criminal case B. holding a person who is not a member of the bar of any court may appear pro se but is not qualified to appear in the district court or in this court as counsel for others C. holding that court leave under 6322 is not available to a federal employee who appears in court as a plaintiff in her own action D. holding that court leave under 6322 is not available to a federal employee summoned to appear in juvenile court in her capacity as the juveniles parent as a party to the proceedings E. holding that court leave under 6322 is not available to a federal employee who is summoned to appear as a defendant in the court action concerned

assistant: The best answer is E. holding that court leave under 6322 is not available to a federal employee who is summoned to appear as a defendant in the court action concerned
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: Compass Grp. USA, Inc., 145 N.C. App. 314, 316-17, 551 S.E.2d 179, 181, affirmed per curiam, 354 N.C. 568, 557 S.E.2d 528 (2001). In ruling on a motion to dismiss under Rule 12(b)(6), a court must determine whether, taking all allegations in the complaint as true, relief may be granted under any recognized legal theory. Taylor v. Taylor, 143 N.C. App. 664, 668, 547 S.E.2d 161, 164 (2001). A complaint may be dismissed for failure to state a claim if no law supports the claim, if sufficient facts to make out a good claim are absent, or if a fact is asserted that defeats the claim. Shell Island Homeowners Ass’n v. Tomlinson, 134 N.C. App. 217, 225, 517 S.E.2 00 (1997), or (3) based on activity by the employer contrary to law or public policy. See Amos, 331 N.C. at 350, 416 S.E.2d at 167 (<HOLDING>); Simmons v. Chemol Corp., 137 N.C. App. 319, Options: A. holding that firing an employee for refusing to work for less than the statutory minimum wage violated north carolina public policy B. holding that a judge was not entitled to absolute immunity for firing an employee C. holding that a district court commits reversible error when it sentences a defendant to less than the statutory minimum where no exception to the mandatory minimum applies D. holding that plaintiff failed to state a claim for wrongful discharge where plaintiffs complaint alleged merely that defendants actions as set out herein violate the public policies of north carolina and are thus unlawful and did not identify any specified north carolina public policy that defendant violated by discharging plaintiff E. holding that when no statutory exception applies the district court lacks the authority to impose a sentence less than the statutory mandatory minimum

assistant: The best answer is A. holding that firing an employee for refusing to work for less than the statutory minimum wage violated north carolina public 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 case excerpt and choose the best holding from the options. Case excerpt: the law to those facts). See Boss, 32 S.W.3d at 857-58. Affording the same deference to the suppression ruling by the Brazoria County trial court, that ruling would likewise be correct under a theory of law that is appli S.Ct. 1876, 149 L.Ed.2d 994 (2001)(finding that states are not permitted to interpret the Fourth Amendment as offering greater protection than determined by the United States Supreme Court); Oles v.State, 993 S.W.2d 103, 105 n. 1 (Tex.Crim.App.1999)(stating that the Texas Court of Criminal Appeals has repeatedly held that Article I, § 9 of the Texas Constitution does not provide any greater protection than the Fourth Amendment exclusionaiy rule); Hulitv. State, 982 S.W.2d 431, 436 (Tex.Crim.App.1998)(same). 3 .Martinez v. State, 91 S.W.3d 331, 336 (Tex.Crim.App.2002)(<HOLDING>); Hailey v. State, 87 S.W.3d 118, 121-22 Options: A. holding that a trial courts hearsay ruling will be affirmed on any legal basis apparent 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 appellate court can uphold a trial courts ruling on any ground appearing in the record whether urged in the trial court or not D. holding that appellate courts may uphold a trial courts ruling on any legal theory or basis applicable to the case but may not reverse a trial courts ruling on any theory or basis that might have been applicable to the case but was not raised E. holding that appellate court reviewing trial courts habeas corpus ruling must review record evidence in light most favorable to ruling and uphold ruling absent abuse of discretion

assistant: The best answer is D. holding that appellate courts may uphold a trial courts ruling on any legal theory or basis applicable to the case but may not reverse a trial courts ruling on any theory or basis that might have been applicable to the case but was not raised
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 offer letter sets forth the full and complete agreement between you and the Company regarding your employment with the Company. This letter, along with the enclosed Employee Proprietary Information and Inventions Agreement, the Authorization and Release Form for Background Check between you and the Company and the Change in Control and Severance Agreement set forth the terms of your employment with the Company and any additional or contrary terms, representations, offers or agreements, whether written or oral, that may have been made to you are hereby revoked and superseded in their entirety by this offer. This letter may not be modified or amended except by a written agreement, signed by the Chief Executive Officer of the Company and by you.

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: Each Secured Party appoints and designates Bank of America as Agent under all Loan Documents. Agent may, and each Secured Party authorizes Agent to, enter into all Loan Documents to which Agent is intended to be a party and accept all Security Documents, for the benefit of Secured Parties. Each Secured Party agrees that any action taken by Agent or Required Lenders in accordance with the provisions of the Loan Documents, and the exercise by Agent or Required Lenders of any rights or remedies set forth therein, together with all other powers reasonably incidental thereto, shall be authorized by and binding upon all Secured Parties. Without limiting the generality of the foregoing, Agent shall have the sole and exclusive authority to (a) act as the disbursing and collecting agent for Lenders with respect to all payments and collections arising in connection with the Loan Documents; (b) execute and deliver as Agent each Loan Document, including any intercreditor or subordination agreement, and accept delivery of each Loan Document from any Obligor or other Person; (c) act as collateral agent for Secured Parties for purposes of perfecting and administering Liens under the Loan Documents, and for all other purposes stated therein; (d) manage, supervise or otherwise deal with Collateral; and (e) take any Enforcement Action or otherwise exercise any rights or remedies with respect to any Collateral under the Loan Documents, Applicable Law or otherwise. The duties of Agent shall be ministerial and administrative in nature, and Agent shall not have a fiduciary relationship with any Secured Party, Participant or other Person, by reason of any Loan Document or any transaction relating thereto. Agent alone shall be authorized to determine whether any Accounts or Inventory constitute Eligible Accounts or Eligible Inventory, whether to impose or release any reserve, or whether any conditions to funding or to issuance of a Letter of Credit have been satisfied, which determinations and judgments, if exercised in good faith, shall exonerate Agent from liability to any Lender or other Person for any error in judgment.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: on the estate of tenancy by entirety: The effect of the Married Women’s Property Acts was to abrogate the husband’s common law dominance over the marital estate and to place the wife on a level of equality with him as regards the exercise of ownership over the whole estate. The tenancy was and still is predicated upon the legal unity of husband and wife, but the Acts converted it into a unity of equals and not of unequals as at common law. No longer could the husband convey, lease, mortgage or otherwise encumber the property without her consent. The Acts confirmed her right to the use and enjoyment of the whole estate, and all the privileges that ownership of property confers, including the right to convey the property in its entirety, jointly with her husband, dur . 618, 619 (1891) (<HOLDING>). RBS admits that when property is held in Options: A. holding that husband and wifes failure to recite marital status in the deed did not defeat tenancy by the entirety B. holding that regardless of whether the property was held as tenants in common or by the entirety the husband was entitled to hold property as a homestead C. holding that marital property was not attachable for the sole debts of the husband because it was held in tenancy by entirety D. holding that property held by husband and wife in tenancy by entirety cannot be reached by husbands creditors absent fraud E. holding that property held by husband and wife in tenancy by entirety is exempt from attachment or execution for the sole debts of husband

assistant: The best answer is E. holding that property held by husband and wife in tenancy by entirety is exempt from attachment or execution for the sole debts of husband
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: By selecting the “Accept" button below you agree (i) to enter into this Agreement electronically, and (ii) to the terms and conditions of the Agreement. Until you select the "Accept" button below, this Award shall not be effective and if you do not select the “Accept" button within 14 days from the date the Agreement is made available to you electronically this Award shall be null and void.

assistant: Agreements