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: by intervention, but the intervention shall be in subordination to, and in recognition of, the propriety of the main proceeding, unless otherwise ordered by the court in its discretion.” H o. 14, 15 (1918); Y.H. v. F.L.H., 784 So.2d 565, 568 (Fla. 1st DCA 2001)); 84 Lumber Co. v. Cooper, 656 So.2d 1297, 1299 (Fla. 2d DCA 1994) (stat ing that “intervention under [rule 1.230] assumes an interest in pending litigation which shall be in subordination to, and in recognition of, the propriety of the main proceeding”) (internal quotation omitted). Additionally, a contingent interest in the proceedings, as opposed to a direct and immediate interest, will not justify a party’s intervention. Harbor Specialty Ins. Co. v. Schwartz, 932 So.2d 383, 387 (Fla. 2d DCA 2006); Grimes, 591 So. 2d at 1094 (<HOLDING>). In the instant case, Infinity’s interest Options: A. holding that the trial court abused its discretion by granting a motion to intervene where the intervenors would not stand to gain or lose by direct legal operation and effect of the judgment in the action B. holding that trial court was required to give full effect to supreme courts judgment and that by failing to do so the trial court abused its discretion C. holding that the trial court erred by granting the defendants motion to dismiss D. holding that the trial court did not err by granting defendants motion for summary judgment E. holding trial court abused its discretion by refusing to conduct hearing and render decision on motion

assistant: The best answer is A. holding that the trial court abused its discretion by granting a motion to intervene where the intervenors would not stand to gain or lose by direct legal operation and effect of the judgment in the action
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: in that event , the parties shall replace the illegal , invalid or unenforceable provision or part thereof with a provision or part thereof that is legal , valid and enforceable and that has , to the greatest extent possible , a similar effect as the illegal , invalid or unenforceable provision or part thereof , given the contents and purpose of these terms .

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: the legality or constitutionality of a tax, but said, “[w]e are convinced this procedure comports with due process under the United States Supreme Court’s jurisprudence on the subject as it relates to taxation. That Court has long held that postdeprivation remedies in the area of taxation can comport with due process.” Id. Even in cases where the taxpayer is challenging the constitutionality of a tax, failure to comply with the “State’s statutory postpayment refund demand procedure” set forth in the statute bars the court from hearing the taxpayer’s claim. Swanson, 335 N.C. at 680-681, 441 S.E.2d at 540-41; See also 47th Street Photo, Inc. v. Powers, 100 N.C. App. 746, 749, 398 S.E.2d 52, 54 (1990), disc. review denied, motion to dismiss allowed, 329 N.C. 268, 407 S.E.2d 835 (1991) (<HOLDING>); Bailey v. State Of North Carolina, 330 N.C. Options: A. holding texas franchise tax constitutional B. holding a constitutional defense to a tax does not exempt a plaintiff from the mandatory procedure for challenging the tax set out in 105267 C. holding that state legislature should determine whether to cure discriminatory tax by enforcing tax as to all or forgiving tax in its entirety D. holding that taxpayer was still required to go through tax refund procedure despite facial constitutional challenge to state intangibles tax E. holding contractor not responsible for use tax where tax exempt entity purchased the materials used

assistant: The best answer is B. holding a constitutional defense to a tax does not exempt a plaintiff from the mandatory procedure for challenging the tax set out in 105267
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 amendment or waiver of any provision of this Pledge Agreement nor consent to any departure by any Pledgor herefrom shall be effective unless made in writing and authenticated by the affected Pledgor and the Secured Party and, as required by the Credit Agreement, either all of the Lenders or the Majority Lenders, and such waiver or consent shall be effective only in the specific instance and for the specific purpose for which 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 case excerpt and choose the best holding from the options. Case excerpt: use. The Court defined “appropriated” as “nothing more nor less than setting apart the thing for some particular use.” Id. at 512, 13 Pet. 498. According to the Court: [Whensoever a tract of land shall have once been legally appropriated to any purpose, from that moment the land thus appropriated becomes severed from the mass of public lands; and ... no subsequent law, or proclamation, or sale, would be construed to embrace it, or to operate upon it; although no other reservation were made of it. Id. at 513, 13 Pet. 498. The patent holder therefore “acquired no title whatsoever to the land in question.” Id. at 515, 13 Pet. 498. Numerous cases have acknowledged and followed the appropriation doctrine. E.g., United States v. O’Donnell, 303 U.S. 501, 510, 58 S.Ct. 708, 82 L.Ed. 980 (1938) (<HOLDING>), citing Wilcox, 38 U.S. at 513, 13 Pet. 498; Options: A. holding that subsequent patent did not convey lands that had previously been appropriated it is a familiar principle of public land law that statutes providing generally for disposal of the public domain are inapplicable to lands which are not unqualifiedly subject to sale and disposition because they have been appropriated to some other purpose the general words of the granting act are to be read as subject to such exception B. recognizing validity of water rights appropriated on public domain for use on school trust land even though appropriator did not own or intend to patent place of use C. holding that the waters of the state are a public asset and noting that this court has previously determined that public land public revenue a municipallyowned utility and wild salmon are all public assets that cannot be appropriated by initiative footnotes omitted D. recognizing validity of water right appropriated to irrigate land appropriator only occupied on public domain E. holding that land that is permanently appropriated to an inconsistent use is abandoned

assistant: The best answer is A. holding that subsequent patent did not convey lands that had previously been appropriated it is a familiar principle of public land law that statutes providing generally for disposal of the public domain are inapplicable to lands which are not unqualifiedly subject to sale and disposition because they have been appropriated to some other purpose the general words of the granting act are to be read as subject to such exception
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 and each of its Subsidiaries own or are licensed or otherwise have the right to use all of the patents, trademarks, service marks, trade names, copyrights, licenses and other rights that are used by the Borrower or such Subsidiary in connection with the operation of their respective businesses, without conflict with the rights of any other Person, except where the failure to have any such rights could not reasonably be expected to have a Material Adverse Effect.

assistant: Intellectual Property
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 Noteholder shall keep any terms of or information regarding the Amendment, this Agreement, the Amended Note Securities and the transactions contemplated herein and therein that are not already publicly available confidential until the earlier to occur of (i) the 8-K Filing Time (as defined below) and (ii) the termination of this Agreement. On or before 8:30 a.m., New York City time, on the first Business Day following the date of this Agreement (the “ 8-K Filing Time ”), the Company shall file a Current Report on Form 8-K describing certain terms of the transactions contemplated by this Agreement and the Amended Notes in the form required by the Exchange Act and attaching the form of this Agreement and the Amended Notes as exhibits to such filing (including all attachments, the “ 8-K Filing ”). From and after the filing of the 8-K Filing with the SEC, the Noteholder shall not be in possession of any material, nonpublic information received from the Company, any of its Subsidiaries or any of their respective officers, directors, employees or agents, that is not disclosed in the 8-K Filing. The Company shall not, and shall cause each of its Subsidiaries and its and each of their respective officers, directors, employees and agents, not to, provide the Noteholder with any material, nonpublic information regarding the Company or any of its Subsidiaries from and after the filing of the 8-K Filing with the SEC without the express prior written consent of the Noteholder. Without the prior written consent of the Noteholder, neither the Company nor any of its Subsidiaries or affiliates shall disclose the name of the Noteholder in any filing, announcement, release or otherwise, unless such disclosure is required by law, regulations or the Principal Market, and except to the extent that such names appear in this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: suits based on public disclosures must show both that he has “direct and independent knowledge of the information on which the allegations are based,” and that he “has voluntarily provided the information to the Government before filing an action.” 31 U.S.C. § 3730(e)(4)(B). At least two courts have addressed whether an auditor for the Office of the Inspector General can have “direct and independent knowledge.” See United States ex rel. LeBlanc v. Raytheon Co., 913 F.2d 17, 20 (1st Cir.1990), cert. denied, 499 U.S. 921, 111 S.Ct. 1312, 113 L.Ed.2d 246 (1991) (reasoning that the “fruits of [the auditor’s] effort belong to his employer,” so he could not have “independent knowledge” of the information); United States ex rel. Fine v. MK-Ferguson Co., 861 F.Supp. 1644, 1554 (D.N.M.1994) (<HOLDING>). Only the district court in this case, Options: A. holding that where the debtor did not act but merely had knowledge of and benefit from the fraudulent transfer he was not considered to have performed it B. holding that public meeting did not satisfy public participation requirement because public did not receive adequate notice C. holding that plaintiffs knowledge was not based upon the public disclosures because plaintiffs knowledge was independent of those disclosures D. holding work product protection waived for disclosures to independent auditor who did not share common interests with corporation E. holding that harold fine did not have direct and independent knowledge because he did not personally conduct the audits that led to the public disclosures

assistant: The best answer is E. holding that harold fine did not have direct and independent knowledge because he did not personally conduct the audits that led to the public disclosures
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: Notwithstanding anything to the contrary set forth in the Credit Agreement or the Amended Credit Agreement, each party hereto hereby consents to the assignment by any Primoris Lender (including, without limitation, the Initial First-Out Lender) of all or any portion of its rights and/or obligations under the Amended Credit Agreement and each other Loan Document, in each case, in accordance with the Put/Call Agreement (any such assignment is hereinafter referred to as a “ Primoris Assignment ”), and the Borrower and each Lender party hereto hereby instruct the Administrative Agent to perform all acts necessary or desirable to effect each Primoris Assignment, including with respect to processing and recordation of such Primoris Assignment. The Administrative Agent hereby agrees to waive all processing and recordation fees with respect to each Primoris Assignment.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: briefly, or to detain him briefly while attempting to obtain additional infor mation.” Id. (quoting Hayes v. Florida, 470 U.S. 811, 816, 105 S.Ct. 1643, 1647, 84 L.Ed.2d 705 (1985)). 39 . Rhodes, 945 S.W.2d at 117 (citing Adams v. Williams, 407 U.S. 143, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972) (extending Terry, which involved stop of citizens on street, to occupant of vehicle)). 40 . Gearing v. State, 685 S.W.2d 326, 328 (Tex.Crim.App.1985) (quoting Royer, 460 U.S. at 497, 103 S.Ct. at 1324), overruled on other grounds by Woods v. State, 956 S.W.2d 33, 38 (Tex.Crim.App.1997). 41 . Shabazz, 993 F.2d at 436. 42 . Id. 43 . Florida v. Bostick, 501 U.S. 429, 434, 111 S.Ct. 2382, 2386, 115 L.Ed.2d 389 (1991). 44 . Accord State v. Hernandez, 64 S.W.3d 548, 552 (Tex.App.-Texarkana 2001, no pet.) (<HOLDING>); see also People v. Jackson, 39 P.3d 1174, Options: A. holding that an encounter was consensual where the defendant was comfortable during the encounter chose not to leave and acquiesced to the officers request to answer questions B. holding that questioning of passengers on bus including asking for drivers licenses and tickets constituted consensual encounter and passengers were free to decline to answer questions C. holding that if random suspicionless questioning of bus passengers for inspection of identification and tickets was consensual encounter it was not a violation of passengers fourth amendment rights D. holding presence of a masking odor in vehicle passengers nervous behavior passengers inability to recall the name of his purport ed daughterinlaw and vast divergence between passengers and drivers statements regarding travel accommodations to california justified further detention of the vehicle for investigation of whether a crime was being committed E. holding officers request for passengers identification during stop constituted lawful consensual encounter

assistant: The best answer is B. holding that questioning of passengers on bus including asking for drivers licenses and tickets constituted consensual encounter and passengers were free to decline to answer questions
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 Loan Party has the corporate or other organizational power and authority, and the legal right, to make, deliver and perform the Loan Documents to which it is a party and, in the case of the Borrower, to obtain Extensions of Credit hereunder, and each such Loan Party has taken all necessary corporate or other organizational action to authorize the execution, delivery and performance of the Loan Documents to which it is a party and, in the case of the Borrower, to authorize the Extensions of Credit to it, if any, on the terms and conditions of this Agreement and any Notes. No consent or authorization of, filing with, notice to or other similar act by or in respect of, any Governmental Authority or any other Person is required to be obtained or made by or on behalf of any Loan Party in connection with the execution, delivery, performance, validity or enforceability of the Loan Documents to which it is a party or, in the case of the Borrower, with the Extensions of Credit to it, if any, hereunder, except for ( a ) consents, authorizations, notices and filings described in Schedule 5.4 , all of which have been obtained or made prior to the Closing Date, ( b ) filings to perfect the Liens created by the Security Documents, and ( c ) consents, authorizations, notices and filings which the failure to obtain or make would not reasonably be expected to have a Material Adverse Effect. This Agreement has been duly executed and delivered by Holdings and the Borrower, and each other Loan Document to which any Loan Party is a party will be duly executed and delivered on behalf of such Loan Party. This Agreement constitutes a legal, valid and binding obligation of Holdings and the Borrower and each other Loan Document to which any Loan Party is a party when executed and delivered will constitute a legal, valid and binding obligation of such Loan Party, enforceable against such Loan Party in accordance with its terms, in each case except as enforceability may be limited by applicable domestic or foreign bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and by general equitable principles (whether enforcement is sought by proceedings in equity or at law).

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: Unless compelled by law, you will not directly or indirectly make, or authorize or encourage others to make, any statement, written or oral, that would foreseeably harm the reputation of the Company or its directors, officers or employees, or that would foreseeably harm the Company’s business operations.

assistant: Non-Disparagement
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 reckless or negligent exertion of force [in this prong would make] the 'otherwise' clause ... redundant.” Id. at 373-374 (footnote omitted). In other words, according to the court, the structure of the statute supports the conclusion: "The first prong discusses intentional acts, while the second prong discusses acts with a mental state of less than intent.” Id. at 373. 9 . As noted above, the phrase "crime of violence” is used frequently with varying definitions. See note 6 supra. The § 4B 1.2(a) definition is, however, worded the same as the ACCA definition of "violent felony” and therefore provides a useful comparison. Compare 18 U.S.C. § 924(e)(1)(B) with Sentencing Guidelines Manual § 4B1.2(a)(2002); see also United States v. Arnold, 58 F.3d 1117, 1121 (6th Cir.1995)(<HOLDING>); United States v. Johnson, 246 F.3d 330, 334 Options: A. holding that the categorical approach applies to the identical definition of crime of violence in 18 usc 16 B. holding that the definition of a violent felony is nearly identical to the definitions of a crime of violence used in the guidelines C. holding that our reasoning regarding the meaning of violent felony is relevant to determining the meaning of crime of violence because the definitions are almost identical D. holding that for purposes of 18 usc 924e involuntary manslaughter in ohio is a violent felony the definition of which is identical for all relevant purposes to the definition of crime of violence in 4b12a E. holding that courts should look to the statutory definition of the crime charged rather than the actual facts of the individuals prior conviction to determine whether the crime qualifies as a violent felony under the acca

assistant: The best answer is B. holding that the definition of a violent felony is nearly identical to the definitions of a crime of violence used in the guidelines
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY TO THIS AGREEMENT HEREBY EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING UNDER THIS AGREEMENT OR IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO OR ANY OF THEM WITH RESPECT TO THIS AGREEMENT, OR THE TRANSACTIONS RELATED THERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER FOUNDED IN CONTRACT OR TORT OR OTHERWISE; AND EACH PARTY HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY, AND THAT ANY PARTY TO THIS AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION 4.10 WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE SIGNATORIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY.

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 legal provision and list the applicable contract clause categories. Provision: There is no Action pending or, to Sellers’ Knowledge, threatened, that affects or, if successful, would reasonably be expected to be materially adverse to the Purchased Assets or that, if successful, would reasonably be expected to result in restraining, enjoining or otherwise preventing the completion by any Seller of the Contemplated Transactions. There is no outstanding Order of any Governmental Authority against any Seller arising out of or relating to the Purchased Assets or that would reasonably be expected to be materially adverse to the Purchased Assets or that would reasonably be expected to result in restraining, enjoining or otherwise preventing the completion by any Seller of the Contemplated Transactions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: A Participant shall have the right to make one amendment to an Authorization after the end of an Enrollment Period to reduce or to stop the payroll deductions which he or she previously had authorized for the related Purchase Period, and such reduction shall be effective as soon as practicable after the Administrator actually receives such amended Authorization. The Administrator may establish procedures and deadlines by which Participants must make such amendments to an Authorization.

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 legal provision and list the applicable contract clause categories. Provision: Executive, as Executive Vice President, shall devote his full-time, attention, and energies to the business of the Company and will diligently and to the best of his ability perform all duties incident to his employment hereunder, shall perform such administrative, managerial and executive duties for the Company (i) as are prescribed by applicable job specifications for the Executive Vice President of a public company the size and nature of the Company, including, but not limited to managing (or co-managing in the discretion of the Company) and aggressively driving all aspects of the Company’s sales initiatives, including, but not limited to corporate apparel, uniforms and accessories, (ii) as may be prescribed by the Bylaws of the Company, (iii) as are customarily vested in and incidental to such position, and (iv) as may be assigned to him from time to time by the Board of Directors of the Company (the “ Board ”).

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the cancellation of a premium service will go into effect at the end of your current billing cycle , and you will have the same level of access to the premium service through the remainder of such billing cycle .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All of the Milestone Shares shall terminate and be forfeited to the Company immediately upon the failure of the Company to achieve the Milestones as set forth in Section 3(a)(i). All of the Time Shares shall terminate and be forfeited to the Company immediately upon the occurrence of a Termination Event at any time prior to the expiration of the Time Period, other than for your death or permanent disability, as set forth in Section 3(a)(ii).

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: Unless this Agreement shall have been terminated pursuant to Article VI and subject to the satisfaction or waiver of the conditions set forth in Article V, the closing of the Stock Purchase (the “Closing”) will take place electronically no later than at 5:00pm. U.S. Pacific Standard Time on the business day three (3) days following the date of satisfaction of the conditions set forth in Article V (as indicated by the officer certificates to be issued by GAWK and XTELUS pursuant to Article V) (the “Closing Date”), unless another date, time or place is agreed to in writing by the parties hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: abuse reviewed as a postanswer judgment and not a default judgment). If we held that notice to Metrovend itself was required, trial courts could effectively sua sponte strike counsel when a summary judgment is entered based on deemed admissions. Metrovend finally argues that because Gem Vending accepted the $2,000 in attorney’s fees that were awarded in the order granting Metrovend a new trial, Gem Vending is estopped from asserting that the rest of the order is invalid. We disagree. The parties cannot consent and give a trial court more plenary power than it has by rule; thus, estoppel does not apply when the trial court enters an order it has no power to enter. See Insurance Corp. v. Compagnie des Bauxites, 456 U.S. 694, 702, 102 S.Ct. 2099, 2104, 72 L.Ed.2d 492, 500-01 (1982) (<HOLDING>); Shirley v. Maxicare Texas, Inc., 921 F.2d Options: A. holding that generally the question of waiver and estoppel is a question of fact B. holding that estoppel was a question of fact C. holding that the courts statute of limitations is jurisdictional in nature and is thus not subject to waiver or estoppel D. holding that collateral estoppel does not apply when there is a significant change in the legal climate E. holding consent is irrelevant and estoppel does not apply when subject matter jurisdiction is in question

assistant: The best answer is E. holding consent is irrelevant and estoppel does not apply when subject matter jurisdiction is in 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 case excerpt and choose the best holding from the options. Case excerpt: not a criminal prosecution. Unlike probation and community control revocation proceedings, in a criminal prosecution the state must prove beyond and to the exclusion of any reasonable doubt that the accused committed a crime. See State v. Wilson, 686 So.2d 569, 570 (Fla.1996). Our courts have ruled that, while information contained in a laboratory report submitted under the business records exception to the hearsay rule is admissible to establish a violation of community control or probation, such information cannot constitute the sole evidence supporting revocation. See Hogan v. State, 583 So.2d 426, 427 (Fla. 1st DCA 1991). It follows then that the state cannot rely solely on such hearsay evidence to sustain a criminal conviction. See e.g. Anderson v. State, 655 So.2d 1118 (Fla.1995) (<HOLDING>). Second, the issue of Mr. Williams’ Options: A. holding that an affidavit consisting entirely of inadmissible hearsay is not sufficient to survive summary judgment B. holding that where failure at rehabilitation will create an extreme risk to public safety the heavier weight given by the statute to the first and third factors evidences our legislatures recognition that the risk is too great to justify an attempt to modify this offenders behavior in the juvenile system C. holding that the district court did not err in relying on hearsay evidence where the government offered reasons why its hearsay evidence had indicia of reliability and the court considered the reliability of the evidence in deciding the weight to give the hearsay evidence D. holding that the risk of convicting an innocent accused is too great when the evidence is entirely based on hearsay E. holding that it is clear that hearsay evidence is admissible in a hearing on a motion to suppress

assistant: The best answer is D. holding that the risk of convicting an innocent accused is too great when the evidence is entirely based on hearsay
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: As a condition to your receipt of the Severance Benefits described above, you must execute and deliver to the Company a release of all claims in a form determined solely by the Company (the “ Release ”), and such Release must become fully effective and irrevocable (including due to the expiration of any revocation period) no later than seventy-four (74) days following the Termination Date (the date on which the Release becomes effective and irrevocable, the “ Release Effective Date ”). If the aggregate period during which you are entitled to consider and/or revoke the Release spans two calendar years, no payments under Section 1 above will be made prior to the beginning of the second such calendar year (and any payments otherwise payable prior thereto (if any) will instead be paid on the first regularly scheduled Company payroll date occurring in the latter such calendar year or, if later, on the first regularly scheduled Company payroll date following the Release Effective Date).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If a court of competent jurisdiction should find any term or provision of this Agreement to be unenforceable and invalid by reason of being overly broad, the parties agree that the court shall limit the scope or duration of such provision to the maximum enforceable scope or duration allowed by law. Any term or provision deemed by a court of competent jurisdiction to be unenforceable and invalid for any other reason shall be severed from this Agreement, and the remainder of this Agreement shall continue in full force and effect.

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: pleading he filed in the mother’s post-divorce proceeding. However, the issue whether the father waived his objection to the Mobile Circuit Court as the venue for litigating the mother’s postdivoree proceeding is irrelevant to the issue whether she is entitled to a writ of mandamus directing the Elmore Circuit Court to vacate its April 13, 2011, order denying the mother’s summary-judgment motions because, due to the mother’s waiver of her affirmative defense based on § 6-5-440, the father is entitled to prosecute his post-divorce proceeding in the Elmore Circuit Court separately from, and independently of, the mother’s postdivoree proceeding unless she should revive and assert her affirmative defense based on § 6-5-440 in the future. See Washington Mutual Bank, 24 So.3d at 437 n. 2 (<HOLDING>); and Regions Bank, 60 So.3d at 884 (holding Options: A. holding that a subsequent action was not barred because the initial court did not have jurisdiction over the claim B. holding that because the circuit court did not have subjectmatter jurisdiction over the unlawfuldetainer action the district courts unauthorized transfer of the action could not transfer jurisdiction over that action to the circuit court C. holding that when the district court improperly purported to transfer to the circuit court an action over which the circuit court lacked subjectmatter jurisdiction the circuit court was without jurisdiction to enter its judgment which was void and dismissing the appeal from that void judgment D. holding that 65440 does not deprive the trial court of jurisdiction over the secondfiled action or render the secondfiled action void E. holding that district court had subjectmatter jurisdiction and yet that judgment void for lack of jurisdiction to render the particular judgment

assistant: The best answer is D. holding that 65440 does not deprive the trial court of jurisdiction over the secondfiled action or render the secondfiled action void
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 monument would lead to a construction plainly inconsistent with such intention. “Accordingly, courses and distances will prevail over monuments where absurd consequences might ensue by giving controlling influence to a call for the latter, or where, in any given case, a consideration of all the facts and circumstances shows a call for distance to be the more reliable or certain, or where the call for the monument was inserted by mistake or inadvertence.” Baker, 213 A.2d at 148-149. Here, Penelec contends that a stream, which is a natural monument, existed at the 1105 foot elevation. A stream did exist, but according to Mr. McGarvey’s survey the stream was not at the 1105 foot elevation as Penelec contends. Mr. McGarvey ran the course and distance calls in the County Realty deed 1988) (<HOLDING>); Howarth v. Miller, 382 Pa. 419, 115 A.2d 222 Options: A. holding that where the ij finds the petitioner to be credible his testimony must be accepted B. holding the question of whether an accomplice is credible and the weight to be given to the testimony are issues for the jury to determine C. holding that a party failed to meet this burden when he presented no corroborating evidence by the persons who could have given testimony regarding the execution of the deed such as the person signing as witness to his signature and the notary public who subscribed as having notarized his signature or a handwriting expert in support of the contention that his signature to the deed was forged D. holding that monument must yield to deed description where expert testimony pertaining to the deed description was more credible and that courses and distances will prevail over monuments where the monuments are doubtful E. holding that the admission of expert testimony was prejudicial where the testimony was pervasive

assistant: The best answer is D. holding that monument must yield to deed description where expert testimony pertaining to the deed description was more credible and that courses and distances will prevail over monuments where the monuments are doubtful
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: it had a right of subrogation. We conclude that the only claims remaining are common law fraud, negligent misrepresentation, and economic duress claims included in the second supplemental petition, and the policy misrepresentation claim added by the supplemental petition filed on September 1, 2015. Common Law Fraud, Negligent Misrepresentation, and Economic Duress The second supplemental petition includes claims for common law fraud, negligent misrepresentation, and economic duress based on the allegation that Texas Mutual prematurely suspended payment of death benefits. The DWC has exclusive jurisdiction of these claims because they arise from Texas Mutual’s investigation, handling, or settlement of the claim for workers’ compensation benefits. See In re Crawford, 458 S.W.3d at 926 (<HOLDING>). Misrepresentation of the Policy In a Options: A. holding that because common law provides remedies an impued cause of action is not necessary B. holding that erisa preempts state law claims of fraud and misrepresentation that are based upon the failure of a covered plan to pay benefits C. holding that equitable estoppel requires proof of fraud misrepresentation or affirmative deception D. holding that the act provides the exclusive procedures and remedies for common law causes of action based on allegations of deception fraud and misrepresentation E. holding that the remedies are exclusive

assistant: The best answer is D. holding that the act provides the exclusive procedures and remedies for common law causes of action based on allegations of deception fraud and misrepresentation
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: plaintiff is still not entitled to recover overtime wages because (i) at least one of her referral agencies informed her it would not pay overtime and (ii) she prevented Bellevue from determining how many hours she worked by signing in through multiple referral agencies. As to the first argument, while it is true that one of plaintiffs referral agencies told her that she should not work through it for more than 40 hours per week, see transcript, 9/28/05, at 57, Bellevue itself never told her she should not work there more than 40 hours per week; it told her only that the referral agencies bore responsibility for paying her overtime (the very legal issue here in dispute). See transcript, 9/28/05, at 38-39, 57; see also Holzapfel v. Town of Newburgh, 145 F.3d 516, 525 (2d Cir.1998) (<HOLDING>). As for the second argument, “once an employer Options: A. holding that an employee might be entitled to overtime where he was told that he would not be paid overtime but was not told to limit his hours B. holding that appellant was entitled to evidentiary hearing based on allegation his trial counsel told him he would most likely face a life sentence if he went to trial when the maximum sentence for the charge he plead guilty to was eleven years C. holding that the limitations period should be tolled because plaintiff was told in his severance report that he might be reinstated D. holding that defendants prior arrests were insufficient to establish that defendant was aware of his right to appointed counsel even though he told dea officers that he understood his rights E. holding that plaintiff had standing to challenge constitutionality of a georgia criminal trespass law because he was warned twice to stop handbilling and was told that if he engaged in the activity again he would be arrested

assistant: The best answer is A. holding that an employee might be entitled to overtime where he was told that he would not be paid overtime but was not told to limit his hours
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: with the Executive’s conduct of foreign policy” may be lessened. See Republic of Philippines v. Marcos, 806 F.2d 344, 359 (2d Cir.1986). However, that is not the case here. Even though there is a new President (and the possibility of a new approach to foreign policy), that is not the reality of the current situation. As mentioned previously, the current government of Colombia opposes further proceedings with this case. Thus, even though there has been a change in government, this does not weigh against applying the act of state doctrine. d. Whether the Colombia was acting in the public interest Since the alleged actions of Defendant violated binding international law norms, the Court cannot conclude Colombia was acting pursuant to the public interest. See Doe I, 395 F.3d at 960 (<HOLDING>); Liu Qi, 349 F.Supp.2d at 1306 (same); NCGUB, Options: A. recognizing the public interest exception B. recognizing that claims for extrajudicial killings are actionable international law violations under the ats C. holding in 1894 that it is against the public policy of this state to allow any one who has no insurable interest to be the owner of a policy of insurance upon the life of a human being D. holding that it would be difficult to contend that violations of international human rights are in the public interest E. holding that atca establishes cause of action for violations of international law but requiring the district court to perform a traditional choiceoflaw analysis to determine whether international law law of forum state or law of state where events occurred should provide substantive law in such an action

assistant: The best answer is D. holding that it would be difficult to contend that violations of international human rights are in the public interest
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: this disbursement of the updated credit card information is provided to headspace and headspace 's third party payment service provider at the sole election of your credit card issuer .

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: you may only use the services to : ( a ) access content on crowdtangle 's platform ; and ( b ) access , manage and obtain content from other platforms ( e.g. , twitter , facebook ) in accordance with these terms of service and any terms specified by those other platforms .

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: that the statements Petitioner provided in Afghanistan were coerced. Having found that Petitioner’s Afghanistan confessions were the product of coercion, the Court must consider the effect of that coercion on Petitioner’s statements at Guantanamo. The Government stresses that the twenty-three reports only detail Petitioner’s statements from Guantanamo. Those statements are reliable, the Government argues, because the circumstances in which they were provided are distinct from the conditions that Petitioner was subject to in Afghanistan. The premise of the Government’s position has merit. In criminal law, previously coerced confessions do not automatically render all subsequent confessions unreliable. See United States v. Bayer, 331 U.S. 532, 541, 67 S.Ct. 1394, 91 L.Ed. 1654 (1947) (<HOLDING>). Criminal courts consider the “totality of the Options: A. holding that a confession obtained by exploitation of an illegal arrest is not admissible B. holding that under elstad the first question that must be answered when determining whether a subsequent confession is tainted by an earlier confession is whether the initial confession was obtained in violation of the defendants fifth amendment rights ie whether it was involuntary or whether the confession was voluntary but obtained in technical violation of miranda C. holding that a confession obtained under circumstances which preclude its use does not perpetually disable the confessor from making a usable one after those conditions have been removed D. holding that a confession obtained in violation of miranda was admissible for impeachment E. holding that the materials attached to the motion for summary judgment must be admissible and usable at trial

assistant: The best answer is C. holding that a confession obtained under circumstances which preclude its use does not perpetually disable the confessor from making a usable one after those conditions have been removed
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: For the services performed by Executive under this Agreement, the Company shall pay Executive a base salary of Four Hundred Ninety-Two Thousand Dollars ($492,000) per year (“ Base Salary ”). The Base Salary shall be paid in the same increments as the Company’s normal payroll, but no less frequently than monthly, and prorated for any partial year of service during the Employment Term. Executive’s Base Salary shall be reviewed at least annually.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement is the restricted stock agreement referred to in Section 2.5 of the Plan. If there is any conflict between the Plan and this Agreement, the provisions of the Plan shall control. Any dispute or disagreement which shall arise under or in any way relate to the interpretation or construction of the Plan or this Agreement shall be resolved by the Committee and the decision of the Committee shall be final, binding and conclusive for all purposes.

assistant: Agreements