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: You will receive benefits described in a change in control letter issued by the Company to certain executives of the Company, as the same may be revised from time to time (the “CIC Letter”). In the event the conditions for you to receive severance benefits under the CIC Letter occur (disregarding the contingencies relating to a general release of claims in favor of the Company and restrictive covenants to be included therein), you will be entitled to receive the severance benefits described in the CIC Letter (subject to the contingencies stated therein), and the preceding section of this letter agreement describing severance benefits will not apply. The prohibitions on Competing Activity (as defined below) and solicitations of customers and employees discussed below will continue to apply notwithstanding any lesser restrictions set forth in the CIC Letter.

assistant: Change In Control
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 the event of any failure of the apps to conform to any applicable warranty , then you may notify apple and apple will refund the purchase price for the relevant apps to you ; and , to the maximum extent permitted by applicable law , apple has no other warranty obligation whatsoever with respect to the apps .

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 outstanding shares of Common Stock of the Issuer have been duly and validly issued and are fully paid, non-assessable and not subject to any preemptive or similar rights. The Common Stock to be sold pursuant to this Agreement has been duly authorized, reserved for issuance and, when issued and delivered to the Purchaser against payment therefor as provided by this Agreement will be validly issued, fully paid and non-assessable, and the issuance of such Common Stock will not be subject to any preemptive or similar rights.

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: Each Borrower shall obtain and deliver from time to time all required consents, approvals and agreements from such third parties as Lender shall determine are necessary or desirable in its Permitted Discretion (as communicated to such Borrower by written notice) for the protection of its Collateral and that are reasonably satisfactory to Lender with respect to the Loan Documents and the transactions contemplated thereby or any of the Collateral, including, without limitation, (a) Landlord Waivers and Consents with respect to leases entered into after the Closing Date, and (b) warehouse receipts, consignment agreements or bailee lien waivers (as applicable) with respect to Collateral in the possession or control of any warehouse, consignee, bailee or any of Borrowers’ agents or processors except for Accounts and Inventory in an aggregate amount of $25,000; provided , however , that for Collateral located at the Creekside Springs, LLC facilities no such consent shall be required unless the value of the Collateral exceeds $30,000 at any time; provided , further , that for Collateral located at the Unix Packaging, Inc. facility the value of the Collateral shall not exceed $250,000 at any time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In consideration of the covenants and agreements made by Blocker and FEP herein, FTAI Energy, on behalf of itself, Jefferson Holdings and Jefferson Railport, hereby agrees to pay to Blocker and FEP a fee per annum of $6,873,000 (the “ Fee ”). The Fee shall be payable on the date of issuance of the Series 2016 Bonds (as defined in the Standby Bond Purchase Agreement) or on such other date as FTAI Energy, Blocker and FEP may agree. The Fee shall be allocated between Blocker and FEP in accordance with each of Blocker’s and FEP’s Pro Rata Percentage.

assistant: Fees
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: Jews for Jesus, “‘the opportunity for abuse, especially where a statute has received a virtually open-ended interpretation, is self-evident.’ ” Id. 482 U.S. at 576, 107 S.Ct. at 2573 (quoting Lewis v. City of New Orleans, 415 U.S. 130, 135-36, 94 S.Ct. 970, 974, 39 L.Ed.2d 214 (1974) (Powell, M., concurring)). Responsible Parties The City argues that it should be dismissed from the case, because in the City’s lease with the Reds, the Reds have the right to control ' the stadium during baseball games. The City further notes that neither City Council nor the City Manager has ever adopted or promulgated a rule, regulation, or, policy prohibiting the display of a banner during a Reds’ game. See Monell v. Dept. of Social Servs., 436 U.S. 658, 694, 98 S.Ct. 2018, 2037, 56 L.Ed.2d 611 (1978) (<HOLDING>). Mr. Aubrey contends that the City’s policy Options: A. holding that a municipality may not assert the defense of qualified immunity but may be held liable under 1983 only for a constitutional deprivation inflicted by the execution of a governments policy or custom whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy B. holding that municipality may not be held liable under 1983 upon theory of respondeat superior C. holding that a municipality may only be held liable under 1983 for a policy practice or custom D. holding that a municipality cannot be held liable for an official policy or custom if it has been determined that the individual defendants did not violate the plaintiffs constitutional rights E. holding that a municipality may be held liable as a person under 1983

assistant: The best answer is C. holding that a municipality may only be held liable under 1983 for a policy practice or custom
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: Lagunas to at least ten years incarceration.” Lagunas I, 214 Fed.Appx. at 845. Thereafter, the United States Sentencing Commission (Sentencing Commission) issued Amendment 706 which modified the Drug Quantity Table in U.S.S.G. § 2Dl.l(c) downward two levels for crack cocaine, effective November 1, 2007, and retroactive as of March 3, 2008. In February 2008, Mr. Lagunas filed a motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2) based on the changes in the Drug Quantity Table and the resulting two-level reduction in offense levels. See Lagunas II, 309 Fed.Appx. at 266. Following appointment of counsel for Mr. Lagunas and pleadings filed by the parties, the district court filed an order denying Mr. Lagunas’s § 3582(c) mot U.S. -, 132 S.Ct. 2321, 2335, 183 L.Ed.2d 250 (2012) (<HOLDING>). In addition, the Act directed the Sentencing Options: A. holding the minimum mandatory threemonth custodial sentence for second offenders under former dwi provisions of njsa 39450 reflects the intention to prohibit suspended sentences B. holding the revised mandatory minimum sentences in the fair sentencing act applied to preaet offenders sentenced after august 3 2010 C. holding that even if the minimum mandatory exceeds the statutory maximum the court must impose the minimum mandatory D. holding that a district court commits reversible error when it sentences a defendant to less than the statutory minimum where no exception to the mandatory minimum applies E. holding that the operative provision in determining the defendants applicable sentencing range is the statutory minimum not the crack cocaine guideline and that the defendants were still subject to the mandatory minimum upon which their substantial assistance departures and thus them ultimate sentences were based

assistant: The best answer is B. holding the revised mandatory minimum sentences in the fair sentencing act applied to preaet offenders sentenced after august 3 2010
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: Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b) )) or (ii) the determination by the Collateral Agent that there exists excess Cash Collateral; provided , however , (x) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section 2.16 may be otherwise applied in accordance with Section 8.03 ) and (y) the Person providing Cash Collateral, the Administrative Agent and the applicable L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

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: Pub. L. No. 102-166, 105 Stat. 1071 (codified as amended at 42 U.S.C. § 1981(b)); Sutton v. United Airlines, Inc., 527 U.S. 471, 478, 119 S.Ct. 2139, 2144, 144 L.Ed.2d 450 (1999) (announcing a restrictive interpretation of “impairment” and “disability” under the ADA), superseded by statute, ADA Amendment Act of 2008, Pub. L. No. 110-325, 112 Stat. 3553 (codified as amended at 42 U.S.C. § 12102(3)); Toyota Motor Mfg. of Ky., Inc. v. Williams, 534 U.S. 184, 195, 122 S.Ct. 681, 690, 151 L.Ed.2d 615 (2002) (narrowing scope of protection under the ADA), superseded by statute, ADA Amendment Act of 2008, Pub. L. No. 110-325,112 Stat. 3553 (codified as amended at 42 U.S.C, § 12102(3)); and Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618, 621, 127 S.Ct. 2162, 2165, 167 L.Ed.2d 982 (2007) (<HOLDING>), superseded by statute, Lilly Ledbetter Fair Options: A. holding that the statute of limitations period begins to run when the allegedly discriminatory pension plan is applied to the plaintiffs and leaving determination of the actual date the statute begins to run on each claim to the district court B. holding that the limitations period for a title vii claim for pay discrimination begins with the first discrete act C. holding the sixyear limitations period begins to run upon date that payment is made D. holding that the statute of limitations begins to run on the date the alleged malpractice is discovered E. holding statute of limitations for discriminatory pay practices begins when initial pay decision was made

assistant: The best answer is E. holding statute of limitations for discriminatory pay practices begins when initial pay decision was made
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: You acknowledge, and the Employer agrees, that during your employment you will have access to and become informed of confidential and proprietary information concerning the Activision Blizzard Group. During your employment and at all times following the termination of your employment, confidential or proprietary information of any entity in the Activision Blizzard Group shall not be used by you or disclosed or made available by you to any person except as required in the course of your employment with the Activision Blizzard Group or as otherwise provided for in the Employee Confidential Information Agreement attached as Exhibit A hereto (the “ Confidential Information Agreement ”). Upon the termination of your employment (or at any time on the Employer’s request), you shall return to the Activision Blizzard Group all such information that exists, whether in electronic, written, or other form (and all copies or extracts thereof) under your control and shall not retain such information in any form, including without limitation on any devices, disks or other media. Without limiting the generality of the foregoing, you acknowledge signing and delivering to the Employer the Confidential Information Agreement as of the Effective Date and you agree that all terms and conditions contained in such agreement, and all of your obligations and commitments provided for in such agreement, shall be deemed, and hereby are, incorporated into this Agreement as if set forth in full herein.

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 legal provision and list the applicable contract clause categories. Provision: At any time and from time to time, upon the written request of the Secured Party or its Representative, and at the sole expense of Debtors, Debtors will promptly and duly execute and deliver any and all such further instruments, documents and agreements and take such further actions as the Secured Party or its Representative may reasonably require in order for the Secured Party to obtain the full benefits of this Agreement and of the rights and powers herein granted in favor of the Secured Party, including, without limitation, using Debtors’ best efforts to secure all consents and approvals necessary or appropriate for the assignment to the Secured Party of any Collateral held by Debtors or in which a Debtor has any rights not heretofore assigned, the filing of any financing or continuation statements under the UCC with respect to the liens and security interests granted hereby, transferring Collateral to the Secured Party’s possession (if a security interest in such Collateral can be perfected by possession), placing the interest of the Secured Party as lienholder on the certificate of title of any Motor Vehicle, obtaining waivers of liens from landlords and mortgagees and delivering to Secured Party all such Control Agreements as Secured Party shall require duly executed by the applicable Debtor and the financial institution at which such Debtor maintains a Deposit Account covered by such Control Agreement. Each Debtor also hereby authorizes the Secured Party and its Representative to file any such financing or continuation statement without the signature of such Debtor to the extent permitted by applicable law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution and delivery by each of MMAC, MEC and Seller of this Agreement and each of the other Transaction Documents to which it is or will be a party, the performance by MMAC, MEC and Seller of its obligations hereunder and thereunder and the consummation by MMAC, MEC and Seller of the transactions contemplated hereby and thereby have been duly authorized by all requisite limited liability company or corporate action, as applicable, on the part of MMAC, MEC and Seller, as applicable, and no other limited liability company or corporate proceeding, as applicable, on the part of MMAC, MEC or Seller or their board of directors or managers, stockholders, members or any other equityholders is necessary to authorize the execution, delivery and performance by MMAC, MEC and Seller of this Agreement and any of the other Transaction Documents to which MMAC, MEC or Seller, as applicable, is or will be a party. This Agreement has been and each of the other Transaction Documents has been or will be duly executed and delivered by MMAC, MEC and Seller, and (assuming due authorization, execution and delivery by each of the other parties hereto or thereto) this Agreement and each of the other Transaction Documents constitute a legal, valid and binding obligation of MMAC, MEC and Seller, enforceable against MMAC, MEC and Seller in accordance with their respective terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar Laws affecting creditors’ rights generally and by general principles of equity (regardless of whether enforcement is sought in a proceeding at law or in equity).

assistant: Enforceability
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: Sellers and Purchaser shall use commercially reasonable efforts to cooperate with the Party contesting the Taxes (at no cost or expense to the Party not contesting the Taxes other than any de minimis cost or expense or any cost or expense which the requesting Party agrees in writing to reimburse) and to execute and deliver any documents and instruments reasonably requested by the Party contesting the Taxes in furtherance of the contest of such Taxes.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as aggravating circumstances. Thus, the trial court found “that counsel made a reasonable strategic decision not to present this nonstatutory, non-mental health mitigation.” Trial counsel will not be held to be deficient when she makes a reasonable strategic decision to not present mental mitigation testimony during the penalty phase because it could open the door to other damaging testimony. See Ferguson v. State, 593 So.2d 508, 510 (Fla.1992) (finding that counsel’s decision to not put on mental health experts was a “reasonable strategy in light of the negative aspects of the expert testimony” because the experts had indicated that they thought that the defendant was malingering, a sociopath, and a very dangerous person); see also State v. Bolender, 503 So.2d 1247, 1250 (Fla.1987) (<HOLDING>). It is apparent from the record that the Options: A. recognizing a constitutional claim for ineffective assistance of counsel B. holding that sjtrategic decisions do not constitute ineffective assistance if alternative courses of action have been considered and rejected C. holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record D. holding where defendant challenged jury instruction and also claimed ineffective assistance of counsel based upon his counsels failure to object to instruction because we find no error in the instructions defendants claim for ineffective assistance of counsel must also be rejected E. holding that the failure to raise a futile issue does not constitute ineffective assistance of counsel

assistant: The best answer is B. holding that sjtrategic decisions do not constitute ineffective assistance if alternative courses of action have been considered and rejected
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 Letter Agreement is being provided to CF Corp solely in connection with the Merger Agreement. This Letter Agreement may not be used, circulated, quoted or otherwise referred to in any document, except with the written consent of Sponsor; provided , that no such written consent shall be required (a) for any disclosure of the existence or terms of this agreement to the parties to the Merger Agreement or their representatives or advisors with a need to know in connection with the transactions contemplated by the Merger Agreement, (b) to the extent required by applicable Law, the applicable rules of any national securities exchange or if required or requested in connection with any required filing or notice with any Governmental Authority relating to the transactions contemplated by the Merger Agreement or (c) to enforce the rights and remedies under this Letter 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 legal provision and list the applicable contract clause categories. Provision: Any failure of Seller on the one hand, or Purchaser, on the other hand, to comply with any obligation, covenant, agreement or condition may be waived in writing by the other party, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any party, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this Section.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: note that the trial court is not required to provide all evidence admitted at trial to the jury during deliberations. See, e.g., State v. Kassebeer, 118 Hawai'i 493, 506, 193 P.3d 409, 422 (2008) (reviewing trial court's decision to allow handgun that was admitted into evidence into jury room for abuse of discretion). 11 .We review both questions de novo under the right/wrong standard. See State v. Moore, 82 Hawai'i 202, 217, 921 P.2d 122, 137 (1996) (“[Wjhere the admissibility of evidence is determined by application of the hearsay rule, there can be only one correct result, and 'the appropriate standard for appellate review is the right/ wrong standard.' ” (quoting Kealoha v. County of Hawai'i, 74 Haw. 308, 319, 844 P.2d 670, 675 (1993))); Kalaola, 124 Hawai'i at 49, 237 P.3d at 1115 (<HOLDING>). 12 . Roberts was abrogated by Crawford but is Options: A. holding constitutional questions reviewed de novo under the rightwrong standard B. holding that a finding of accommodation is reviewed under the clearly erroneous standard of review instead of under a de novo standard C. recognizing de novo standard of review D. holding questions of law related to class certification are reviewed de novo E. holding that confrontation clause claims are reviewed de novo

assistant: The best answer is A. holding constitutional questions reviewed de novo under the rightwrong standard
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: and she had complaints from writing bad checks; (4) Latonya Bush— excluded because related to a murder suspect who had been arrested and worked for defense attorney; (5) Diane Saffore— excluded because disagreed with the death penalty; (6) Darlene Edwards — excluded because disagreed with the death penalty; (7) Shirley Blevins — excluded because a relative was convicted of capital murder in that county and she or one of her family members was represented by defense counsel, Burdine; (8) Joyce Ann Cox— excluded because previously arrested for shoplifting. The trial court found that the reasons proffered by the State were race-neutral. ¶ 13. We find that the reasons articulated by the State are race-neutral. This Court has previously sanctioned these reasons. See Mack, 650 So.2d at 1300 (<HOLDING>); Lockett v. State, 517 So.2d at 1351 (holding Options: A. holding that opposition to a gangs criminal activity is not a protected political opinion B. holding that leaning towards the death penalty is not the same as an automatic vote for the death penalty C. recognizing a distinction between pure opinion which does not imply that it is based upon undisclosed facts and mixed opinion which implies that it is based upon facts which justify the opinion but are unknown to those reading or hearing it D. holding that it is proper to exclude potential venire persons for criminal activity and based upon opinion of the death penalty E. holding that the death penalty is unconstitutional as applied to juvenile defendants

assistant: The best answer is D. holding that it is proper to exclude potential venire persons for criminal activity and based upon opinion of the death penalty
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: Upon expiration of the Forbearance Period (as defined below), all of the Holder’s rights and remedies under the Note Documents and at law and in equity shall be available without restriction or modification, as if the forbearance had not occurred.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall not be amended, supplemented or modified except by an agreement in writing which makes specific reference to this Agreement or an agreement delivered pursuant hereto, as the case may be, and which is signed by each party hereto.

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: This Agreement, together with the Non-Competition Agreement, contains the entire agreement of the parties with respect to Employee’s employment by Employer, and supersedes any and all prior agreements between or among the parties. There are no other contracts, agreements or understandings, whether oral or written, existing between them except as contained or referred to in this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Term, Executive shall be paid an annual base salary of $1,250,000 (“ Base Salary ”). The Base Salary shall be payable in accordance with the Company’s regular payroll practices as then in effect. During the Employment Term, the Base Salary shall be reviewed annually and is subject to increase (but not decrease, including after any increase) at the discretion of the Compensation Committee of the Board (the “ Committee ”).

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: All payments of interest and principal shall be in lawful money of the United States of America. All payments shall be applied first to accrued interest, and thereafter to principal. Company may not prepay this Note prior to the Maturity Date without the consent of the Majority Holders (as defined in the Second Amended and Restated Note and Warrant Purchase Agreement). No Notes owned by the Holder can be prepaid without the Holder's 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 legal provision and list the applicable contract clause categories. Provision: The Company and Executive entered into an Indemnification Agreement dated as of December 30, 2016 (the “ Indemnification Agreement ”). The Indemnification Agreement shall apply with full force and effect to Executive’s services as President and Chief Executive Officer (in addition to his services as a member of the Board) in accordance with the terms thereof. Executive shall be covered by the Company’s directors and officers liability insurance for his services as President and Chief Executive Officer (in addition to his services as a member of the Board) to the same extent as other members of the Board.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: protect its interest by “do[ing] and pay[ing] whatever is necessary to protect the value of the Property and the Lender’s rights in the property ....” Nothing in these terms requires the lender to purchase the cheapest insurance or the insurance that provides the most value for the borrower. Thus, Standard Mortgage did not act on Robinson’s behalf when it force-placed insurance coverage; it acted to protect its oum interest in the mortgaged property—an interest that Robinson threatened by breaching her own contractual duty to maintain insurance coverage. So although Robinson sprinkles her complaint with the “kickback” label, the commissions and portfolio monitoring that SM Insurance provided to Standard Mortgaged were “not. ,kickback[s] in any meaningful sense.” Cohen, 735 F.3d at 611 (<HOLDING>); see also Feaz, 745 F.3d at 1111 (agreeing Options: A. recognizing in a materially similar situation the authority of mortgage electronic registration system inc to assign both the note and deed of trust on behalf of the original lender and the lenders successors and assigns B. holding lender might be held responsible for buyers alleged damages where facts indicated lenders active participation in the sale of the residence or the existence of a special relationship between the lender and the borrower C. holding that commission paid to mortgage lenders affiliate for forceplacing insurance was not a kickback when the lender was subject to an undivided loyalty to itself and it made this clear from the start D. holding that it was not improper for a lender to halt the proposed settlement and discounted payment of plaintiffs loan when the lender believed the loan would otherwise be paid in full E. holding assignment of a mortgage was not subject to article 9

assistant: The best answer is C. holding that commission paid to mortgage lenders affiliate for forceplacing insurance was not a kickback when the lender was subject to an undivided loyalty to itself and it made this clear from the start
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 HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

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 case excerpt and choose the best holding from the options. Case excerpt: have withheld information regarding CI-1 and CI-2, and the failure to disclose such information meant that the Wiretap Evidence should have been suppressed. The Government’s withholding of the information, Fermin argued, violated his right to the effective assistance of counsel, and his right to receive material exculpatory and impeachment evidence as guaranteed by Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), and its progeny. Judge Mukasey denied his § 2255 petition as time barred. Because Fermin’s judgments of conviction became final before the effective date of the Antiterrorism and Effective Death Penalty Act (“AEDPA”), Judge Mukasey found that Fermin should have filed his petition by April 24, 1997. See Mickens v. United States, 148 F.3d 145 (2d Cir.1998) (<HOLDING>). Judge Mukasey did, however, vacate Fermin’s Options: A. holding that habeas petitions challenging judgments of conviction that became final before the effective date of the aedpa are not time barred if filed within one year from aedpas effective date april 241996 B. holding that petitioners whose convictions became final before the enactment of aedpa had a oneyear grace period after aedpas effective date to file their federal habeas petitions C. holding that 2254 petitions of prisoners whose convictions became final before the passage of the aedpa are timely if filed within one year from the aedpas effective date D. holding that the aedpa applies to those habeas corpus petitions filed after its effective date of april 24 1996 E. holding aedpa applicable to petition filed on or after aedpas effective date

assistant: The best answer is A. holding that habeas petitions challenging judgments of conviction that became final before the effective date of the aedpa are not time barred if filed within one year from aedpas effective date april 241996
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: authority to determine whether we 'have jurisdiction over deportation orders‘concerning alleged aggravated felons as described in Tapia Garcia, supra, “the plain language of § 1252(a)(2)(C) fairly explicitly strips the courts of appeals of jurisdiction to hear their claims on petitions for direct review.” Calcano-Martinez v. INS, 533 U.S. 348, 351, 121 S.Ct. 2268, 150 L.Ed.2d 392 (2001). Because Mr. Latu does not contest his status as an aggravated felon subject to removal, thereby admitting the jurisdip-tional fact that strips the court of jurisdiction to review his final order-of removal, he has not. failed to seek an available judicial remedy, and he is not procedurally barred from habeas review in the district court. See Noriega-Lopez v. Ashcroft, 335 F.3d 874, 878 (9th Cir.2003) (<HOLDING>); Ramtulla v. Ashcroft, 301 F.3d 202, 203 & n. Options: A. recognizing appellate court jurisdiction over questions of law when objections were not presented below B. recognizing that failure by state to provide the required certification deprives appeals court of jurisdiction over appeal C. holding that subject matter questions may be but are not necessarily decided before questions of personal jurisdiction D. holding that review of questions not raised to the bia is barred E. holding that 1252a2c deprives court of appeals of jurisdiction over constitutional questions as well as other questions presented in petition for review by removable alien who has committed qualifying aggravated felony

assistant: The best answer is E. holding that 1252a2c deprives court of appeals of jurisdiction over constitutional questions as well as other questions presented in petition for review by removable alien who has committed qualifying aggravated felony
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 Executive’s election to resign for Good Reason shall be effective as of the Termination date, at which time (i) the Executive’s Role as an employee of the Company shall cease, and (ii) the Executive shall return to the Company all Company property, materials and Confidential Information in the Executive’s possession.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No consent, approval, authorization or order of any court or Governmental Authority is required for the execution, delivery and performance by Borrower of, or compliance by Borrower with, the Loan Documents or the consummation of the transactions contemplated hereby, other than those which have been obtained by Borrower.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: seeks equitable relief under Section 1132(a)(3) based on a different theory than her claim under Section 1132(a)(1)(B)—namely, that defendants affirmatively misled her as to which policy governed her disability cjaim. This theory is not foreclosed by plaintiffs pursuit of other theories under other statutory provisions.” Id. at 778. Defendants attempt to distinguish Sconiers, arguing that the court declined to issue summary judgment on that claim because additional discovery was necessary to support the (a)(3) claim, is unavailing. The court simply noted that more discovery was needed as to the communications between the parties in order to rule on the separate and distinct (a)(3) claim. Id; but see King v. Cigna Corp., C 06-7025 CW, 2007 WL 2288117, *12 (N.D.Cal. Aug. 7, 2007) (<HOLDING>). Here, given the structure of plaintiff’s Options: A. holding that the plaintiffs complaint failed to state a claim for purposeful and unlawful discrimination B. holding that plaintiff had failed to state a claim for relief under section 1983 C. holding that plaintiffs complaint failed to state a claim under section 1 of the sherman act D. recognizing that an a3 claim for equitable relief could survive despite a claim for benefits under a1b but dismissing plaintiffs a3 claim because it was simply one for benefits based solely on claims that fiduciary failed to interpret plan properly failed to adequately investigate the claim failed to properly administer the claim and failed to administer the plan for the benefit of the beneficiaries E. holding that a plaintiff failed to state a claim for a breach of a joint venture agreement where it failed to allege responsibility for losses

assistant: The best answer is D. recognizing that an a3 claim for equitable relief could survive despite a claim for benefits under a1b but dismissing plaintiffs a3 claim because it was simply one for benefits based solely on claims that fiduciary failed to interpret plan properly failed to adequately investigate the claim failed to properly administer the claim and failed to administer the plan for the benefit of the beneficiaries
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: society. These losses, like pain and suffering, are intangible and nonpecuniary in nature. We therefore find the above-quoted language instructive in the present case and hold that, notwithstanding the subjectivity necessarily involved in determining a significant portion of Becker’s damages, the trial court did not abuse its discretion in granting Wal-Mart’s motion for a new trial nisi remittitur. AFFIRMED. CONNOR and HOWARD, JJ., concur. 1 . The box containing the Patton brand heater measured 7.75 inches by 11.75 inches by 42.5 inches (height) and weighed approximately 10-12 pounds. 2 . See Rule 50(a), SCRCP ("A motion for a directed verdict shall state the specific grounds therefor.”); Creech v. South Carolina Wildlife & Marine Resources Dep't, 328 S.C. 24, 491 S.E.2d 571 (1997) (<HOLDING>). 3 . See Rule 50(b), SCRCP ("A party who has Options: A. holding that the failure to raise an issue in the opening brief waives the issue B. holding that defendant failed to raise a constitutional issue at trial and thus failed to preserve the issue for appellate review C. holding that defendant failed to raise a constitutional issue at trial and thus waived appellate review of that issue D. holding the appellants failure to raise a particular issue in its directed verdict motion precludes appellate review of that issue E. holding that failure to raise issue in brief constitutes waiver of appeal of the issue

assistant: The best answer is D. holding the appellants failure to raise a particular issue in its directed verdict motion precludes appellate review of that issue
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: requirement that a registrant intending to reside at a temporary residence for more than seven days report the name and address of such residence and the dates the lodging will be used, see Mich. Comp. Laws §§ 28.725(l)(e), .728(l)(e), does not, as Plaintiffs contend, make out-of-state travel impossible. It merely requires more advanced planning and less spontaneity on the part of a traveling registrant. In Moore, the Eleventh Circuit upheld the constitutionality of a similar temporary residency reporting provision in Florida’s sex offender registry statute, finding that any burden imposed on a registrant’s right to travel was not unreasonable in view of the state’s interest behind the requirement. See 410 F.3d at 1348-49; see also Doe v. Miller, 405 F.3d 700, 709-14 (8th Cir.2005) (<HOLDING>); Doe v. Nebraska, 734 F.Supp.2d 882, 929 Options: A. holding that inperson reporting requirements in nebraska sex of fender registry statute did not create an actual barrier to travel B. holding that inperson reporting requirements in iowa sex offender registry statute did not infringe on right to interstate travel C. holding that age requirements under youthful offender statute did not implicate a fundamental right D. holding that an individual who is required to register as a sex offender is not in custody E. holding that sex offender registration statute did not infringe on the appellants fundamental right to marry and carry on relationships because it did not directly regulate the family relationship even though it had the result of preventing appellant from living with his mother or wife since they did not reside at a compliant address

assistant: The best answer is B. holding that inperson reporting requirements in iowa sex offender registry statute did not infringe on right to interstate travel
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 jury that “[a] mere error in judgment, made in the proper exercise of judgment, is not professional negligence” was a correct statement of the law. We agree that when various methods of treatment for a particular medical condition exist, all of which meet the standard of reasonable professional practice, then choosing the best method is a matter of professional judgment. Cf. Morrill, 128 N.H. at 779-80. In explaining the law, the trial court should avoid instructions that are reasonably capable of confusing or misleading the jury. See Stanley v. Walsh, 128 N.H. 692, 694 (1986). Although the “mere error of judgment” instruction may be a correct statement of the law, a growing number of courts have criticized similar instructions in recent years. See Rogers, 772 P.2d at 931 (<HOLDING>); DiFranco v. Klein, 657 A.2d 145, 148-49 (R.I. Options: A. holding that it is error to conduct most of the jury selection process in the absence of the defendant B. holding word error when used with exercise of judgment suggests substandard conduct permissible C. holding that religious exercise is any exercise of religion whether or not compelled by or central to a system of religious belief and that the use building or conversion of real property for the purpose of religious exercise shall be considered religious exercise D. holding that trustees have a duty to exercise the same judgment and prudence that a careful owner would exercise in the sale of his own property E. holding that uncharged conduct may be considered at sentencing when that conduct is proven by a preponderance of the evidence

assistant: The best answer is B. holding word error when used with exercise of judgment suggests substandard conduct permissible
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: Effective as of the Effective Date, Assignor hereby assigns to Assignee all of its right, title and interest in, and all of its obligations under , the Pledge Agreement , subject to all of the terms, covenants, conditions and provisions of the Pledge Agreement (the “ Assignment ”).

assistant: Assignments