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 legal provision and list the applicable contract clause categories. Provision: The representations and warranties of Abbott, Seller and Purchaser contained in this Agreement shall survive the Closing for a period of twelve (12) months following the Closing Date; provided , however that (a) the representations and warranties of Abbott contained in Section 3.01 (Organization; Standing), Section 3.02 (Corporate Authorization) and Section 3.04 (Brokers and Other Advisors), (b) the Fundamental Representations , and (c) the representations and warranties of Purchaser contained in Section 5.01 (Organization; Standing), Sections 5.02(a) and (b) (Corporate Authorization) and Section 5.07 (Brokers and Other Advisors ) shall survive the Closing until thirty (30) days after the expiration of the applicable statute of limitations (including any extensions thereof, whether automatic or permissive). All covenants contained in this Agreement which are to be performed prior to the Closing shall terminate on the Closing Date. The covenants contained in this Agreement which are to be performed at or after the Closing shall terminate thirty (30) days after the expiration of the applicable statute of limitations (including any extensions thereof, whether automatic or permissive). Notwithstanding the foregoing, each representation, warranty, covenant and agreement contained in this Agreement shall survive the time at which it would otherwise expire pursuant to this Section 10.01 if, prior to such time, a Third Party Claim Notice or Direct Claim Notice with respect to the breach shall have been timely delivered to the Party against whom such indemnity may be sought in accordance with Section 10.05 . Any claim not asserted in accordance with this Article X on or prior to the expiration of the applicable survival period set forth in this Section 10.01 will be irrevocably and unconditionally released and waived.

assistant: Warranties
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 make appropriate arrangements with the Employer for satisfaction of any federal, state or local income tax withholding requirements, Social Security and other employment tax or other requirements applicable to the granting, crediting, vesting or payment of benefits under the Plan. If no arrangement is made or if such arrangement is insufficient in satisfying such applicable requirements, the Employer may provide, at its complete and sole discretion, for such withholding, tax, and other payments as may be required, including, without limitation, by the reduction of amounts otherwise payable to the Participant. If the Employer pays such amounts on behalf of the Participant or a Beneficiary, the Employer shall be entitled to recover such amounts on demand with interest at the Wall Street Journal Prime Rate compounded monthly.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any item of the Collateral may be sold for cash or other value in any number of lots at public auction or private sale without demand or notice (excepting only that Bank shall give Grantor at least ten (10) days’ prior written notice of the time and place of any public sale, or the time after which a private sale may be made (which notice each of Grantor and Bank hereby agrees to be reasonable). At any sale or sales of the Collateral (except at private sale) Bank may bid for and purchase the whole or any part of the property and rights so sold and, upon compliance with the terms of such sale, may hold, exploit, and dispose of such property and rights without further accountability to Grantor except for the proceeds of such sale or sales. Grantor will execute and deliver, or cause to be executed and delivered, such instruments, documents, registrations statements, assignments, waivers, certificates and affidavits, and supply or cause to be supplied such further information and take such further action as Bank shall reasonably require in connection with such sale.

assistant: Sales
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: consisting of both full sentences should come into evidence to give full context to that admission. At trial, the entire statement was admitted pursuant to defense counsel’s choice. We find no error in the trial court’s admission of defendant’s statement “because what I say could put me in jail for a long time.” Our research has disclosed no case on all fours, where the defendant in the same breath first invoked his right to remain silent and then volun teered an incriminating statement. However, the law is clear that even after a suspect has invoked his right to remain silent,an inculpatory statement is admissible if it was voluntary and initiated by the defendant. See State v. Evans, 462 So.2d 596 (Fla. 5th DCA 1985). See also Christopher v. State, 269 Ga. 382, 497 S.E.2d 803 (1998) (<HOLDING>); People v. Eveans, 277 Ill.App.3d 36, 214 Options: A. holding that although defendants voluntarily given initial statement was inadmissible because of miranda violation subsequent statement made after careful miranda warnings were given and waiver was obtained was admissible B. holding that police officers sworn affidavit that miranda warnings were given was held sufficient to deny suppression of defendants postarrest statement in the absence of properlysupported statement by defendant to the contrary C. holding that in the absence of police coercion a subsequent administration of miranda warnings to a suspect who has given a voluntary but unwarned statement ordinarily should suffice to remove the conditions that precluded admission of the earlier statement D. holding that where a suspect was given miranda warnings and then immediately spoke without police prompting that statement was voluntary and therefore admissible E. holding that selfinitiated statements volunteered after miranda warnings had been given are admissible

assistant: The best answer is D. holding that where a suspect was given miranda warnings and then immediately spoke without police prompting that statement was voluntary and therefore admissible
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: quo,” and thus cannot be deemed equitable “restitution” within the meaning of § 209 of the ESA. In support of its claim, TCC makes several, more specific arguments. First, plaintiff asserts that — because DOE has not rebutted TCC’s expert testimony that the bulk of the value of the entitlement benefits went to Champlin and has failed to show how the three parties divided the benefits — DOE has not met its burden of proof in showing that TCC was unjustly enriched. This argument is without merit. TECA has made clear that the government’s recovery is not limited to the amount which a wrongdoer can be shown to have been enriched by that wrongdoing. See United States v. Sutton, 795 F.2d 1040, 1063 (Temp.Emer.Ct.App.1986), cert. denied, 479 U.S. 1030, 107 S.Ct. 873, 93 L.Ed.2d 828 (1987) (<HOLDING>). [19] Second, TCC argues that requiring TCC to Options: A. holding officer personally liable because he agreed to personally guarantee payment on an account B. holding that a person who is the animating force for regulatory violations is fully liable even though he does not personally receive all benefits of his illegal activities C. holding that an applicant may establish eligibility for asylum based exclusively on activities undertaken after his arrival in the united states so long as he demonstrates that authorities in his country are aware of his activities or likely to become aware of his activities D. holding that employee stated claim by alleging he was wrongfully discharged for refusing to commit criminal act for which he would be held personally liable E. holding defendants personally liable for alleged conversion even when acting in corporate capacity

assistant: The best answer is B. holding that a person who is the animating force for regulatory violations is fully liable even though he does not personally receive all benefits of his illegal activities
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: 458 U.S. 419, 102 S.Ct. 3164, 73 L.Ed.2d 868 (1982), or a regulation that completely deprives an owner of all economically beneficial use of his or her property, see Lucas v. S.C. Coastal Council, 505 U.S. 1003, 1019, 112 S.Ct. 2886, 120 L.Ed.2d 798 (1992). Lingle, 544 U.S. at 538, 548, 125 S.Ct. 2074. The third category of takings is gov- . erned by the standard set forth in Penn Central Transportation Co. v. New York City, 438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978), and the fourth category is governed by the standard set forth in Nollan and Dolan. Lingle, 544 U.S. at 538-39, 548, 125 S.Ct. 2074. Because Highlands relies solely on the Nollan and Dolan standard in its initial brief, we do not address the other theories of taking. See Lingle, 544 U.S. at 548, 125 S.Ct. 2074 (<HOLDING>). 2 . In arguing that the exactions in this Options: A. holding that because the property owner argued only a theory of taking that was no longer a valid theory property owner did not demonstrate his entitlement to relief B. holding that the pretrial order did not adequately disclose a theory because it did not give notice of that theory C. holding that property owner still has relief in the form of the return of his property though condemnation was complete and a highway was constructed across the property D. holding that the current property owner may not assert a public nuisance claim against the former owner E. holding that because property was no longer property of the estate the court could not order turnover

assistant: The best answer is A. holding that because the property owner argued only a theory of taking that was no longer a valid theory property owner did not demonstrate his entitlement to relief
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: post facto violation under the United States Constitution. Id. at 1241. The Superior Court also determined that Appellant was not entitled to withdraw his plea even though he and the trial court may have been under a mistaken impression as to the length of Appellant’s registration obligation. The court based its determination on the conclusion that the registration requirements of Megan’s Law are a collateral as opposed to a direct consequence of the criminal conviction. The court noted that this Court has consistently held that a defendant’s lack of knowledge of collateral consequences to the entry of a guilty plea does not render a plea unknowing or involuntary. Commonwealth v. Leidig, 850 A.2d 743, 746 (Pa.Super.2004) (citing Commonwealth v. Frometa, 520 Pa. 552, 555 A.2d 92 (1989) (<HOLDING>); and Commonwealth v. Duffey, 536 Pa. 436, 639 Options: A. holding that appellant was harmed by trial courts failure to admonish him of deportation consequences of his guilty plea where the record was silent about whether he was ever specifically informed that his guilty plea could result in deportation and record showed that appellant moved to the united states from korea B. holding statements during voir dire and oral motion in limine were merely opaque references to deportation but silent about whether appellant was actually informed that a guilty plea could result in his deportation and insufficient to support inference appellant knew consequences of his plea C. holding record insufficient to support inference appellant knew consequences of his plea when record is silent about whether appellant was actually informed that a guilty plea could result in his deportation D. recognizing that where a defendant enters a plea to a crime without having been informed of the crimes elements the plea is invalid E. holding that a plea was valid even though the defendant had not been informed that as a foreign national who had immigrated to this country he would face deportation as a result of the plea

assistant: The best answer is E. holding that a plea was valid even though the defendant had not been informed that as a foreign national who had immigrated to this country he would face deportation as a result of the plea
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: GARY W. LYNCH, P.J., and NANCY STEFFEN RAHMEYER, J., concur. 1 .It is the duty of this Court to determine the propriety of the appeal. Krause v. Tullo, 835 S.W.2d 488, 490 (Mo.App. S.D.1992). J.L.G. was included in the caption in E.W.G.’s appeal and a separate “Notice of Appeal” was filed for her. However, E.W.G. is not J.L.G.’s biological father. The parental rights of J.L.G.’s biological father were terminated on April 17, 2000. The only action the trial court took regarding J.L.G. was termination of the parental rights of J.L.G.’s biological mother (“Mother”). Mother is not a party to this appeal; therefore, we dismiss the separate Notice of Appeal for J.L.G. in that E.W.G. has no standing to assert parental rights for her. See In re Q.M.B., 85 S.W.3d 654, 662 (Mo.App. W.D.2002) (<HOLDING>). We refer to evidence about Mother and/or Options: A. holding that as a matter of contract no party can be forced to arbitrate unless that party has entered into an agreement to do so B. holding that party standing in loco parentis has standing to seek custody of child C. holding that an evicted plaintiff has no legal interest in property and therefore has no standing to bring a cercla claim D. holding a party has no standing to appeal unless he or she is an aggrieved party an individual who is not a parent in the eyes of the law has no legal interest in the child and therefore has no standing to appeal E. holding that prevailing party has no standing to appeal

assistant: The best answer is D. holding a party has no standing to appeal unless he or she is an aggrieved party an individual who is not a parent in the eyes of the law has no legal interest in the child and therefore has no standing to appeal
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: law pertaining to UM coverage when considering the applicability of UIM coverage. See, e.g., Jeffrey v. Erie Ins. Exch., 423 Pa.Super. 483, 505, 621 A.2d 635, 646 (1993) ("Our legislature ... intended underinsured motorist coverage to operate in the same manner as uninsured motorist coverage only for motorists who were injured by underinsured motorists.”); Newkirk, 388 Pa.Super. at 63, 564 A.2d at 1267 (same); Marroquin v. Mutual Benefit Ins. Co., 404 Pa.Super. 444, 450, 591 A.2d 290, 293 (1991) (noting that “[t]he Financial Responsibility Law also acts to eliminate the distinctions between uninsured motorist protection and underinsured motorist protection” (citation omitted)). See generally Alan I. Widiss. Uninsured and Underinsured Motorist Insurance 2d (rev.) § 31.6 (2001) (<HOLDING>); Allwein v. Donegal Mut. Ins. Co., 448 Options: A. holding that waiver of um coverage was ineffective under south carolina law because insurer did not adequately advise insured party about um coverage B. holding that in order for insured to qualify for uim benefits there must have been a liability policy in effect um coverage does not satisfy this requirement C. recognizing the overlap of issues pertaining to um and uim coverage and describing areas as to which distinct treatment is appropriate D. holding named driver exclusion eliminating liability coverage as well as um coverage did not contravene um statute because statute required um coverage only if the claimant otherwise qualifies for liability coverage under the policy E. holding that a recovery in excess of um uim coverage limits is not inconsistent with the stated goal of section 2902

assistant: The best answer is C. recognizing the overlap of issues pertaining to um and uim coverage and describing areas as to which distinct treatment is appropriate
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 agree to indemnify and hold yahoo and its subsidiaries , affiliates , officers , agents , employees , partners and licensors harmless from any claim or demand , including reasonable attorneys ' fees , made by any third party due to or arising out of content you submit , post , transmit , modify or otherwise make available through the yahoo services , your use of the yahoo services , your connection to the yahoo services , your violation of the tos , or your violation of any rights of another .

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: No consent, approval, order or authorization of, or registration, qualification, designation, declaration or filing with, any federal, state or local governmental authority, on the part of any Expense Note Seller, is required in connection with the consummation of the transactions contemplated by this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in any number of counterparts and by the parties hereto in separate counterparts, each of which counterparts, when so executed and delivered, shall be deemed to be an original and all of which counterparts, taken together, shall constitute but one and the same Amendment.

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: If any clause or provision of this Lease is determined to be illegal, invalid, or unenforceable under present or future laws, the remainder of this Lease shall not be affected by such determination, and in lieu of each clause or provision that is determined to be illegal, invalid or unenforceable, there be added as a part of this Lease a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. Headings or captions in this Lease are added as a matter of convenience only and in no way define, limit or otherwise affect the construction or interpretation of this Lease.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: interfere with the operation of , or place an unreasonable load on , the services ( e.g. , spam , denial of service attack , viruses , gaming algorithms ) ; and/or

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: if you are a seller , you are liable for transaction fees arising out of all sales made using some or all ebay services , even if sales terms are finalized or payment is made outside of ebay .

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: reflection.” Id. (quoting Fowler v. State, 379 S.W.2d 345, 347 (Tex.Crim.App.1964)). Here, the evidence established that when Officer Mullinax responded to Latar-sha’s 9-1-1 call he found Latarsha “clearly upset,” her hands were shaking badly, and she was crying. The record does not indicate what period of time elapsed between the altercation and Latarsha’s statement, but a reasonable inference exists that 9-1-1 response time is fairly quick. Based on these facts, we cannot say that the trial court acted outside the zone of reasonable disagreement by overruling Davis’s hearsay objection to Officer Mullinax’s recitation of Latarsha’s hearsay statement that Davis had gotten angry and pushed her into a wall and by admitting it as an excited utterance. See, e.g., Zuliani, 97 S.W.3d at 596 (<HOLDING>); Jackson v. State, 110 S.W.3d 626, 634 Options: A. holding statements qualified as excited utterances where declarant was scared and tired and her statements were in response to questions twenty hours after the event B. holding that the statements of a scared to death declarant whispering help me to police officers twenty hours after being assaulted were excited utterances C. holding that the statements of a recently assaulted very upset and crying assault victim were excited utterances D. holding that the determination of whether statements are excited utterances is within the trial courts discretion and its ruling will be reversed only for an abuse of that discretion E. holding that statements made while the declarant was in pain crying bleeding and having trouble breathing were properly admissible as excited utterances

assistant: The best answer is B. holding that the statements of a scared to death declarant whispering help me to police officers twenty hours after being assaulted were excited utterances
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 for Raymond James Financial, Inc. and Oppenheimer & Co. Inc ., no broker, finder or investment banker is entitled to any brokerage, finder's or other fee or commission in connection with the transactions contemplated by this Agreement or any other Transaction Agreement based upon arrangements made by or on behalf of Strand.

assistant: Brokers
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: (amending § 17a-548 [c] to include rights to leave, to hearing and to file complaint); and Public Acts 2002, No. 02-105, § 4 (amending § 17a-543 [b] by allowing for informed consent by person designated by patient). 30 As Senator Kenneth L. Przybysz stated during the legislative debate of Public Acts 1993, No. 93-119, which added the right for a patient to be present during a search of his or her possessions to § 17a-548, “what this bill now does is state that any person except those people that are hospitalized in Whiting . . . any person who is in a [department of [m]ental [h]ealth facility must be present during any search of his personal possessions.” 36 S. Proc., Pt. 6, 1993 Sess., p. 2116. 31 See Dyous v. Psychiatric Security Review Board, 264 Conn. 766, 771, 826 A.2d 138 (2003) (<HOLDING>); Connelly v. Commissioner of Correction, 268 Options: A. recognizing the roots of the right to privacy in mental health records B. recognizing whiting as a maximum security mental health facility C. recognizing that a patients choice of a health care facility does not render the facility a beneficiary under 502a1b D. recognizing counsels ability to waive statutory right to a mental health hearing E. recognizing a constitutional right of privacy in mental health records

assistant: The best answer is B. recognizing whiting as a maximum security mental health facility
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall have the right to make, without prior approval, any SEC, OTCBB or FINRA filings, or any other public statements with respect to the transactions contemplated hereby as is required by applicable law and regulations.

assistant: Publicity
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: establishes that the payment “was intended by the debtor and the creditor ... to be a contemporaneous exchange for new value given to the debtor” and was “in fact a substantially contemporaneous ex change.” See also 11 U.S.C. § 547(g) (allocating the burden of proof to the creditor). We have recognized that the release of a security interest to the extent of a payment is one form of “new value” that a creditor may give in exchange for the debtor’s payment. “[P]ayments by a debt- or in exchange for a secured creditor’s release of its security interest falls within the exception of section 547(c)(1).” O’Rourke v. Seaboard Sur. Co. (In re E.R. Fegert, Inc.), 887 F.2d 955, 959 (9th Cir. 1989); see also Sulmeyer v. Pac. Suzuki (In re Grand Chevrolet, Inc.), 25 F.3d 728, 734 (9th Cir.1994) (<HOLDING>). Thus, 11 U.S.C. § 547(c)(1) permits a Options: A. holding that for purposes of 547c1 a creditor confers new value on the debtors estate by releasing security interests B. holding that making a demand on the estate is especially the duty of a secured creditor who has the choice of relying upon the security and thereby giving up all or a part of his claim upon the estate C. holding that the creditor did not satisfy the foregoing requirement because it was trying to exercise the avoidance power for itself as a sole creditor not for the benefit of the debtors estate or the creditors as a whole D. holding that property seized by a creditor prior to debtors bankruptcy was property of the estate even though creditor the irs held a secured interest a tax lien in the property E. holding that where a security agreement contained collateral other than collateral for which creditor advanced funds to debtor since it secured antecedent debts as well as new debt and the agreement provided that the security interest secured payment and performance of the debtors present and future debts to the creditor the creditor did not have a pmsi and the debtors could avoid the creditors lien on collateral claimed as exempt

assistant: The best answer is A. holding that for purposes of 547c1 a creditor confers new value on the debtors estate by releasing security interests
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 any other provision of this Agreement, if any portion of the Severance Payment or any other payment under this Agreement, or under any other agreement with or plan of Orion (in the aggregate “Total Payments”), would constitute an “excess parachute payment,” then the Total Payments to be made to Executive shall be reduced such that the value of the aggregate Total Payments that Executive is entitled to receive shall be One Dollar ($1) less than the maximum amount which Executive may receive without becoming subject to the tax imposed by Code Section 4999 or which Orion may pay without loss of deduction under Code Section 280G(a); provided that the foregoing reduction in the amount of Total Payments shall not apply if the After-Tax Value to Executive of the Total Payments prior to reduction in accordance herewith is greater than the After-Tax Value to Executive if Total Payments are reduced in accordance herewith. For purposes of this Agreement, the terms “excess parachute payment” and “parachute payments” shall have the meanings assigned to them in Code Section 280G, and such “parachute payments” shall be valued as provided therein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to exercise supplemental jurisdiction pursuant to 28 U.S.C. § 1367(c)(3). The parties have stipulated that the court can and should retain subject matter jurisdiction pursuant to 28 U.S.C. § 1367(a). Doc. 126. The court has considered that the parties' Stipulation dismissing Counts I, II, and IV comes late in the progress of this case, has considered generally accepted principles of judicial economy, convenience and fairness to the litigants, and has determined that the court will retain supplemental jurisdiction over the claims remaining in this matter. The court notes that CBC's affirmative defenses of copyright preemption and the First Amendment do not affect the jurisdictional issue. See Cardtoons, L.C., v. Major League Baseball Players Ass'n, 95 F.3d 959, 964 (10th Cir.1996) (<HOLDING>) (citation omitted). 6 . Sources, including Options: A. recognizing that the declaratory judgment act is procedural in nature and not an extension of federal court jurisdiction B. holding that the trial court in a declaratory judgment action abuses its discretion when it determines any of the ultimate facts upon which recovery is predicated in the underlying case C. holding that the declaratory judgment act is remedial only and the party seeking declaratory relief must have an underlying cause of action D. holding that where the question to be resolved in the declaratory judgment action will be decided in a pending action it is inappropriate to grant a declaratory judgment E. holding that in a declaratory judgment action it is the character of the impending action not the plaintiffs defense that determines whether there is federal question jurisdiction

assistant: The best answer is E. holding that in a declaratory judgment action it is the character of the impending action not the plaintiffs defense that determines whether there is federal question jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In exchange for and in consideration of the payments, benefits, and other commitments described herein, including but not limited to Glenn’s continued employment by the Company, as provided by Article 1, and consulting engagement with the Company, as provided by Article 2, Glenn, for him and for each of his heirs, executors, administrators and assigns, hereby fully releases, acquits and forever discharges the Company and its subsidiaries, divisions, affiliates, successors, assigns, beneficiaries, insurers, representatives, agents, and all of the Company’s past and present directors, officers and employees, from any and all, both past and present, claims, liabilities, causes of action, demands to any rights, damages, costs, attorneys’ fees, expenses and compensation whatsoever, of whatever kind or nature, in law, equity or otherwise, whether known or unknown, vested or contingent, suspected or unsuspected, that Glenn may now have, has ever had, or hereafter may have, relating directly or indirectly to his employment with the Company or its subsidiaries and/or his termination of employment. Glenn also releases any and all claims Glenn may have that arose prior to the date of this Agreement and hereby specifically waives and releases all claims, including, but not limited to, those arising under Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Equal Pay Act; the Americans With Disabilities Act of 1990; the Rehabilitation Act of 1973; Sections 1981 through 1988 of Title 42 of the United States Code; the Immigration Reform and Control Act; the Workers Adjustment and Retraining Notification Act; the Occupational Safety and Health Act; the Sarbanes-Oxley Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); the Family and Medical Leave Act; the Employee Retirement Income Security Act of 1971; the National Labor Relations Act; the Fair Labor Standards Act; the Genetic Information Nondiscrimination Act (GINA); all as amended, and any and all similar state or local statutes, ordinances, or regulations, as well as all claims arising under federal, state, or local law involving any tort, an express or implied employment contract, covenant of good faith and fair dealing or other statute, contract, breach of fiduciary duty, fraud, misrepresentation, defamation or other theory. Notwithstanding the foregoing, Glenn is not waiving any right that cannot be waived under law, including the right to file an administrative charge or participate in an administrative investigation or proceeding; however, Glenn hereby disclaims and waives any right to share or participate in any monetary award resulting from the prosecution of such charge or investigation or proceeding.

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 case excerpt and choose the best holding from the options. Case excerpt: to assist the judge in fixing an appropriate punishment. Id. It is well-settled that “[i]f the sentence was within the range set by the Legislature [for the crime with which the defendant was convicted], an appellate court will not interfere with the judgment.” Hudson v. Commonwealth, 10 Va.App. 158, 160-61, 390 S.E.2d 509, 510 (1990).’ “Thus, under Virginia’s corresponding provision to § 12-25-35(f), Ala.Code 1975, an appellate court’s review of a sentence, imposed under the initial standards is ‘limited to whether the sentence fell within the permissible statutory range.’ Smith v. Commonwealth, 26 Va.App. 620, 626, 496 S.E.2d 117, 120 (1998).” State v. Jones, 13 So.3d at 919-20 (footnotes omitted; emphasis added). See also Sistrunk v. State, 109 So.3d 205, 207 (Ala.Crim.App.2012) (<HOLDING>), and State v. Crittenden, 17 So.3d 253, 259 Options: A. recognizing that we review the sentence imposed by a district court under the abuse of discretion standard B. recognizing that congress instructed the sentencing commission that the sentencing ranges could not include sentences in excess of the statutory maxima C. holding presumptive sentencing standards applied retroactively where defendant objected at sentencing hearing on the basis that the presumptive sentencing standards applied to his case D. recognizing the limited appellate review of sentences imposed under the initial voluntary sentencing standards E. holding that appellate review is limited to the issues specified in the coa

assistant: The best answer is D. recognizing the limited appellate review of sentences imposed under the initial voluntary sentencing standards
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 Amendment is a Loan Document and may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. Any signature delivered by a party via facsimile or other electronic delivery shall be deemed to be an original signature hereto.

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: No amendment or waiver of any provision of this Agreement or any other Loan Document, and no consent to any departure by the Credit Parties therefrom, shall be effective unless in writing signed by the Lender and the applicable Credit Parties, as the case may be, and each 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 legal provision and list the applicable contract clause categories. Provision: ThermoGenesis shall submit an invoice to Distributor with each shipment of Product(s) ordered by Distributor. Each invoice shall be due and payable in the manner agreed to by the parties set forth in Exhibit E . All invoices shall be sent to Distributor’s address for notice purposes set forth in Section 12 .4 , without regard to the actual shipping address for the Product(s). Each such invoice shall state Distributor’s aggregate and unit purchase price for Product(s) in the relevant shipment, plus any freight, taxes or other costs incident to the purchase or shipment initially paid by ThermoGenesis and to be borne by Distributor hereunder. Distributor shall make all payments to ThermoGenesis under this Agreement in United States dollars in immediately available funds to a bank account designated by ThermoGenesis in such invoice, or otherwise designated by ThermoGenesis in writing. Distributor shall not take any credits or offsets against amounts billed Distributor by ThermoGenesis without ThermoGenesis’ prior written consent.

assistant: Payments
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: 2d DCA 1987) (<HOLDING>). In sum, there was no showing of any, let Options: A. holding that florida courts would apply florida law to contracts insuring real property located within the state B. holding that defendants bank account and open line of credit in florida utilized to transfer money in international commerce was insufficient to confer jurisdiction under section 481932 florida statutes where defendant operated its business in honduras had no employees or agents in florida and did not advertise or solicit business in florida C. holding that no acts by the outofstate defendant would place her within the florida longarm statute in entering into a contract with a florida resident for an office to be run in mississippi D. holding that when an accident occurs outside florida workers compensation benefits are payable only if the contract of employment was made in florida or if the employees employment is principally located in florida E. holding that another states reservation of personal jurisdiction over a florida resident for the purpose of modifying its decree may last as long as the effectiveness of the decree and that no dueprocess violation occurs by the entry of a default modification against the florida resident if the florida resident was afforded proper notice

assistant: The best answer is C. holding that no acts by the outofstate defendant would place her within the florida longarm statute in entering into a contract with a florida resident for an office to be run in mississippi
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 any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law.

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: useful purpose); Patterson v. Omnipoint Communications, 122 F.Supp.2d 222, 227-28 (D.Mass.2000) ll., 29 F.Supp.2d 915, 924 (C.D.Ill.1998) (ordering city to issue permit as remedy for violation of TCA); Illinois RSA No. 3, Inc. v. County of Peoria, 963 F.Supp. 732, 746 (C.D.Ill.1997) (concluding an injunction directing county to issue permit was appropriate relief under TCA); AT&T Wireless PCS, Inc. v. City of Chamblee, 10 F.Supp.2d 1326, 1333-34 (N.D.Ga.1997) (granting mandamus relief to plaintiff by ordering council to issue a permit, recognizing other forms of relief could be appropriate, and concluding remand would serve no purpose but would frustrate TCA's direction to expeditiously resolve the matter); Sprint Spectrum L.P. v. Jefferson County, 968 F.Supp. 1457, 1463 (N.D.Ala.1997) (<HOLDING>); BellSouth Mobility Inc. v. Gwinnett County, Options: A. holding it is the relators burden to provide this court with a sufficient record to establish his or her right to mandamus relief B. holding that a denial of due process warrants mandamus relief C. holding that where the trial court has recently taken action mandamus relief was not warranted D. holding the tca vests court with authority to grant mandamus relief E. holding the constitution vests the federal government with exclusive authority over relations with indian tribes

assistant: The best answer is D. holding the tca vests court with authority to grant mandamus relief
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: 7 L.Ed.2d 492 (1962); Rayonier Inc. v. United States, 352 U.S. 315, 318, 77 S.Ct. 374, 1 L.Ed.2d 354 (1957). This same approach has been used when the negligent act or omission occurred on Indian land located within a state. See Champagne v. United States, 40 F.3d 946 (8th Cir.1994); Goodman v. United States, 2 F.3d 291 (8th Cir.1993); Red Lake Band of Chippewa Indians v. United States, 936 F.2d 1320 (D.C.Cir.1991); Seyler v. United States, 832 F.2d 120 (9th Cir.1987); Bryant v. United States, 565 F.2d 650 (10th Cir.1977). While most courts have applied state law in a nearly reflexive manner, recently a small number of courts have been conflicted as to whether tribal law should apply in these circumstances. Compare Cheromiah v. United States, 55 F.Supp.2d 1295, 1303-09 (D.N.M.1999) (<HOLDING>) with Louis v. United States, 54 F.Supp.2d Options: A. holding that resolution of tribal law disputes are not within federal court jurisdiction B. holding that acoma tribal law was the law of the place because the tribal court could have jurisdiction over the plaintiffs claim C. holding that a nonmember who files a civil claim in an indian tribal court consents to tribal jurisdiction D. holding that disputes involving questions of interpretation of a tribal constitution and tribal law is not within the jurisdiction of the district court E. holding that federal courts do not have jurisdiction to interpret a tribal constitution or tribal laws

assistant: The best answer is B. holding that acoma tribal law was the law of the place because the tribal court could have jurisdiction over the plaintiffs claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement contains the entire agreement between the parties with respect to the Stock Units granted hereunder. Any oral or written agreements, representations, warranties, written inducements, or other communications made prior to the execution of this Agreement with respect to the Stock Units granted hereunder shall be void and ineffective for all purposes.

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 case excerpt and choose the best holding from the options. Case excerpt: which, to a consumer’s detriment, takes advantage of the lack of knowledge, ability, experience, or capacity of the consumer to a grossly unfair degree.” Id. § 17.45(5) (West 2011). The term “gross” should be given its ordinary meaning, and therefore, the resulting unfairness must be “glaringly noticeable, flagrant, complete and unmitigated.” Dwight’s Discount Vacuum Cleaner City, Inc. v. Scott Fetzer Co., 860 F.2d 646, 650 (5th Cir. 1988) (citing Chastain v. Koonce, 700 S.W.2d 579, 583 (Tex. 1985)), cert. denied, 490 U.S. 1108, 109 S.Ct. 3161, 104 L.Ed.2d 1024 (1989); see also Ins. Co. of N. Am. v. Morris, 981 S.W.2d 667, 677 (Tex. 1998). Unconscionability is an objective standard for which scienter is irrelevant. See Koonce, 700 S. W.3d 292, 297 (Tex. App.—San Antonio 2008, no pet.) (<HOLDING>); see also Tex. Bus. & Com. Code Ann. § 2.302 Options: A. holding that where agreement prohibits recovery of attorneys fees in civil rights case the relevant portions of the arbitration policy are therefore void as against public policy B. holding provision in attorneys fee contract requiring client that terminated contract to immediately pay attorney fee equal to present value of attorneys interest in case was inconsistent with public policy and unconscionable C. holding provision in arbitration agreement requiring arbitrator to assess attorneys fees and costs against consumer if consumer were unsuccessful in dtpa actionwithout finding of groundlessness required by dtpa statutewas inconsistent with public policy of dtpa and therefore substantively and procedurally unconscionable D. holding that an arbitration provision that waived class actions and thus required the consumer to pay a 125 fee to vindicate a 150 claim was substantively unconscionable but also holding that the waiver provision was severable from the remainder of the arbitration provision which would be enforced E. holding that the arbitration provision was substantively unconscionable because it precluded the award of attorney fees which were authorized in the relevant ohio consumer protection statute

assistant: The best answer is C. holding provision in arbitration agreement requiring arbitrator to assess attorneys fees and costs against consumer if consumer were unsuccessful in dtpa actionwithout finding of groundlessness required by dtpa statutewas inconsistent with public policy of dtpa and therefore substantively and procedurally unconscionable