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: (a) All notices and other communications provided for in this Agreement and the other Loan Documents shall be in writing and may (subject to paragraph (b) below) be telecopied (faxed), mailed by certified mail return receipt requested, or delivered by hand or overnight courier service to the intended recipient at the addresses specified below or at such other address as shall be designated by any party listed below in a notice to the other parties listed below given in accordance with this Section.

assistant: Notices
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: context of Rule 407’s exceptions to prevent them from overwhelming the general rule, thus undermining its supporting policy goals. See Cyr, 652 A.2d at 694; Wilkinson v. Carnival Cruise Lines, Inc., 920 F.2d 1560, 1567 (11th Cir.1991); McPadden v. Armstrong World Indus. Inc. (In re Joint E. Dist. and S. Dist. Asbestos Litig.), 995 F.2d 343, 345 (2d Cir.1993) (indicating that the feasibility exception is not an “open sesame”). Accordingly, the feasibility exception has not been applied where a defendant merely suggests that an original design is acceptable, or argues about tradeoffs involved in taking precautionary measures. See, e.g., Gauthier, 788 F.2d at 638 (citing Flaminio, 733 F.2d at 468); Grenada Steel, 695 F.2d at 888; Tuer v. McDonald, 347 Md. 507, 701 A.2d 1101, 1113 (1997) (<HOLDING>) (citing Hardy v. Chemetron Corp., 870 F.2d Options: A. holding that remedial measures evidence was not admissible to impeach testimony that at the time of the event the measure was not believed to be as practical as the one employed B. holding failure to raise issue of improper measure of damages in trial court waived review of complaints that proper measure of damages was not submitted to jury and that plaintiff failed to present evidence on the proper measure C. holding that the admission of a report was not hearsay because it was not offered to prove its truth but to impeach the veracity of the witnesss direct testimony D. holding that evidence of subsequent measures was admissible to show the feasibility of a design change E. holding that conviction on appeal is not admissible to impeach witnesss credibility

assistant: The best answer is A. holding that remedial measures evidence was not admissible to impeach testimony that at the time of the event the measure was not believed to be as practical as the one employed
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 Plan shall be binding upon and inure to the benefit of the Company, each other Participating Employer and any Participant and their respective successors, assigns, heirs, personal or legal representatives, executors, administrators distributees and/or legatees. The rights under this Plan are personal in nature and no Participant shall, without the consent of the Company, assign, transfer or delegate any rights or obligations hereunder, whether by gift, pledge, creation of a security interest or otherwise and, in the event of any attempted assignment or transfer contrary to this Section 13, no Participating Employer shall have liability to pay any amount so attempted to be assigned, transferred or delegated and such shall be void ab initio .

assistant: Successors
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’s obligation to deliver shares of Common Stock or pay cash in respect of any Award under the Plan shall be subject to applicable federal, state, and local tax withholding requirements. Federal, state, and local withholding tax due at the time of an Award, upon the exercise of any Option or SAR or upon the vesting of, or expiration of restrictions with respect to, Restricted Shares or Restricted Stock Units, as appropriate, may, in the discretion of the Board, be paid in shares of Common Stock already owned by the Holder or through the withholding of shares otherwise issuable to such Holder, upon such terms and conditions (including the conditions referenced in Section 6.5) as the Board shall determine. If the Holder shall fail to pay, or make arrangements satisfactory to the Board for the payment to the Company of, all such federal, state and local taxes required to be withheld by the Company, then the Company shall, to the extent permitted by law, have the right to deduct from any payment of any kind otherwise due to such Holder an amount equal to any federal, state, or local taxes of any kind required to be withheld by the Company with respect to such Award.

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: The Company shall (a) by the Disclosure Time, issue a press release disclosing the material terms of the transactions contemplated hereby, and (b) file a Current Report on Form 8-K, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. In addition, effective upon the issuance of such press release, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, agents, employees or Affiliates on the one hand, and any of the Purchasers or any of their Affiliates on the other hand, shall terminate. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (i) as required by federal securities law in connection with the filing of final Transaction Documents with the Commission and (ii) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (ii).

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: is fixed by 18 U.S.C. § 4042, independent of an inconsistent state law.” 374 U.S. at 164-65, 83 S.Ct. 1850. Section 4042 requires that the BOP “provide for the safekeeping, care, and subsistence” of persons in its custody. § 4042(a)(2). Pappas argues that, under Muniz, the duty of care in § 4042 trumps any inconsistent Oklahoma duty of care. We need not address that question because the duty of care established by § 4042 does not appear inconsistent with Oklahoma law, which has noted the general rule that custodial personnel “must exercise reasonable care and diligence to protect those in [their] custody from known or reasonably perceivable dangers.” Seiler v. City of Bethany, 746 P.2d 699, 700 (Okla.Ct.App.1987) (c Am., 511 U.S. 375, 377, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994) (<HOLDING>). Pappas asserts that the district court Options: A. holding that the burden rests upon the party seeking benefits to prove the injury sustained was the result of an accident arising out of and in the course of employment and the rule of liberal construction is not a substitute for the claimants burden of establishing his claim by a preponderance of the evidence B. holding that the burden of proof lies on the party asserting the protection of the work product doctrine C. holding the law presumes that a cause lies outside the limited jurisdiction of the federal courts and the burden of establishing the contrary rests upon the party asserting jurisdiction D. holding that the law presumes that the jury will follow the courts instructions E. holding that the party asserting work product protection has the burden of establishing that the doctrine applies

assistant: The best answer is C. holding the law presumes that a cause lies outside the limited jurisdiction of the federal courts and the burden of establishing the contrary rests upon the party asserting 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: This Agreement may not be assigned or otherwise transferred by either Party without the prior written consent of the other Party; provided that either Party may, without such consent, assign this Agreement (a) in connection with the transfer or sale of all or substantially all of the assets of such Party or the line of business of which this Agreement forms a part, (b) in the event of the merger or consolidation of a Party hereto with another; or (c) to any Affiliate of the assigning Party. Any purported assignment in violation of the preceding sentence shall be void. Any permitted assignee shall assume all obligations of its assignor under this Agreement. No assignment shall relieve either Party of responsibility for the performance of any obligation which accrued prior to the effective date of such assignment. Supplier may not use subcontractors to perform any part of this Agreement without Endo’s prior written consent, which consent shall not be unreasonably withheld or unduly delayed.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement of the parties hereto and supersedes in their entirety all prior representations, understandings, undertakings or agreements (whether oral or written and whether expressed or implied) of the parties with respect to the subject matter hereof, including, without limitation, the Change of Control Severance Agreement between Executive and the Company effective as of March 12, 2015. No waiver, alteration, or modification of any of the provisions of this Agreement will be binding unless in writing and signed by duly authorized representatives of the parties hereto and which specifically mention 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: Any notice to the Company relating to this Share Award shall be addressed to the Company in care of the Chief Financial Officer of the Company at the principal office of the Company, and any notice to the Participant shall be addressed to such Participant at the current address shown on the payroll records of the Company, or to such other address as the Participant may designate to the Company in writing. Any notice shall be delivered by hand, sent by telecopy or enclosed in a properly sealed envelope addressed as stated above, registered and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service.

assistant: Notices
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 each other Loan Party irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction of the courts of the state of California sitting in Los Angeles County and of the United States District Court of the Central District of California, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or any other Loan Document, or for recognition or enforcement of any judgment, and each of the parties hereto irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in such state court or, to the fullest extent permitted by applicable law, in such Federal court. Each of the parties hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing in this Agreement or in any other Loan Document shall affect any right that Agent, any Lender or the L/C Issuer may otherwise have to bring any action or proceeding relating to this Agreement or any other Loan Document against the Company or any other Loan Party or its properties in the courts of any jurisdiction.

assistant: Submission To 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: The terms, covenants or conditions may be waived only by a written instrument executed by or on behalf of the Party waiving compliance. No course of dealing by any Party, or its respective Representatives, or any failure by a Party to exercise any of its rights under this Agreement shall operate as a waiver thereof or affect in any way the right of such Party at a later time to enforce the performance of such provision. No waiver by any Party of any condition, or any breach of any term or covenant in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term or covenant. The rights of the Parties under this Agreement shall be cumulative and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any provision of this Confirmation that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall (to the full extent permitted by law), not invalidate or render unenforceable such provision in any other jurisdiction.

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 legal provision and list the applicable contract clause categories. Provision: From the Effective Date through December 29, 2016, Officer agrees to be employed by and to serve Corporation as its Executive Vice President - Investments and Corporation agrees to employ and retain Officer in such capacity. Beginning on December 30, 2016 and thereafter for the remainder of the term of this Agreement, Officer agrees to be employed by and to serve Corporation as its President and Chief Executive Officer and Corporation agrees to employ and retain Officer in such capacity. Officer shall devote such of his business time, energy, and skill to the affairs of Corporation as shall be necessary to perform his duties under this Agreement. Officer shall report to Corporation’s Board of Directors and at all times during the term of this Agreement shall have powers and duties at least commensurate with his position as Executive Vice President - Investments or President and Chief Executive Officer, as the case may be. Officer’s principal place of business with respect to his services to Corporation shall be within 35 miles of Nashville, Tennessee.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Nabisco, Inc. v. PF Brands, Inc., 191 F.3d 208, 215 n. 1 (2d Cir.1999) (stating that federal and New York dilution statutes are “analogous”); NBA Props. v. Untertainment Records LLC, No. 99 Civ. 2933(HB), 1999 U.S. Dist. LEXIS 7780, at *21, 1999 WL 335147, at *8 (S.D.N.Y. May 26, 1999) (stating that FTDA “mirrors” New York statute). While the Second Circuit has cautioned district courts that “it is not clear that the [New York] statute is coextensive with the [TDRA],” Starbucks Corp., 477 F.3d at 766, both the federal and the state statutes require that plaintiffs show a likelihood of dilution, rather than actual dilution. Moreover, the state and federal statutes both require that plaintiffs show that defendants have used the mark in commerce. See FragranceNet.com, 493 F.Supp.2d at 548 (<HOLDING>). Thus, while the two statutes may not be Options: A. holding that the plaintiffs state law claims are preempted by federal law B. holding that the federal district courts dismissal of the plaintiffs federal claims deprived the court of its jurisdiction over the remaining state law claims arising from the same incident C. recognizing that plaintiff failed to prove a violation of the law of the land clause in the north carolina constitution because pjlaintiffs were unable to establish a federal due process violation and the constitutional claims state and federal are analyzed the same way D. holding that the use requirement exists for proposed state law claims and is analyzed in the same manner as under the federal claims E. recognizing that claims arising under the ihra are analyzed under the same standards as title vii claims

assistant: The best answer is D. holding that the use requirement exists for proposed state law claims and is analyzed in the same manner as under the federal claims
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 continue to be employed as President of RMS, reporting to the Chief Executive Officer and President of the Company or such other management representatives as the Company may designate from time to time depending on business needs and circumstances (the “Designated Officer”). Your status as a full time, regular employee of the Company will commence on June 1, 2017.

assistant: Positions
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: redacted from the certificate the words “violent felony offense” as well as the sentence imposed. The nature of Vonneida’s prior offense could thus be inferred only to a limited extent from the district court taking judicial notice of the 1989 definition of first degree sexual abuse. Under these circumstances, we cannot say the district court abused its broad discretion, see United States v. Miller, 626 F.3d 682, 687-88 (2d Cir.2010), in deciding to admit this one limited piece of propensity evidence, among the many more inflammatory options available. Furthermore, under Rule 414, Vonneida’s propensity to commit child molestation was probative of his intent that a minor engage in criminal sexual activity, which was centrally disputed in this case. We similarly dismiss (2d Cir.2004) (<HOLDING>). III. Sentencing Finally, Vonneida asserts Options: A. holding that defendant could stipulate to prior dwi convictions B. holding that double jeopardy precludes dual convictions for felon in possession of a firearm and felon in possession of separate ammunition because section 790231 florida statutes prohibits possession of any firearm ammunition or electric weapon or device emphasis in original C. holding district court lacked discretion to permit defendant to stipulate to prior conviction in prosecution for being a felon in possession of a firearm D. holding that a defendants prior conviction for possession of a controlled substance and felon in possession of a firearm helped support probable cause to search his motel room for evidence of burglary E. holding alford plea admissible in prosecution for felon in possession of firearm

assistant: The best answer is C. holding district court lacked discretion to permit defendant to stipulate to prior conviction in prosecution for being a felon in possession of a firearm
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: If the Receiving Party or its Representatives are requested or required in any judicial, arbitral or administrative proceeding or by any governmental or regulatory authority to disclose any Evaluation Material (whether by deposition, interrogatory, request for documents, subpoena, civil investigative demand, or otherwise), or the Receiving Party is so requested or required to disclose any of the facts disclosure of which is prohibited under paragraph (3)(e) of this Agreement, the Receiving Party shall give the Furnishing Party prompt notice of such request so that the Furnishing Party may seek an appropriate protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement, and, upon the Furnishing Party's request and at the Furnishing Party's expense, shall reasonably cooperate with the Furnishing Party in seeking such an order. (d) Notice If either Party proposes to make any disclosure in reliance on clause (i) above, the disclosing Party shall, to the extent practicable, provide the other Party with the text of the proposed disclosure as far in advance of its disclosure as is practicable and shall in good faith consult with and consider the suggestions of the other Party concerning the nature and scope of the information it proposes to disclose. Notwithstanding the foregoing, a Party may make such public announcement or public statement if in the opinion of such Party's outside counsel or General Counsel, such public announcement or public statement is necessary to avoid committing a violation of law or of any rule or regulation of any securities association, stock exchange or national securities quotation system on which such Party's securities are listed or trade. In such event, the disclosing Party shall use its reasonable best efforts to give advance notice to the other Party and to consult with the other Party on the timing and content of any such public announcement or public statement.

assistant: No
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: omnibus clause did not contain such an express limitation; it merely adopted the “corruptly, by threats or force” formula of §§ 1503 and 1505. In any event, however, the omnibus clause of § 1512 was not enacted. After the Senate had passed its version, the House debated that bill together with its own victim protection bill. A section-by-section analysis of the House bill indicates that the House Judiciary Committee was also aware that some courts were interpreting § 1503 narrowly. 128 Cong.Rec. 26,350 (1982). The analysis cites Metcalf, 435 F.2d 754 (applying the ejusdem generis rule and stating that “the manner in which the statute may be violated would ordinarily seem to be limited to intimidating actions,” id. at 757), and United States v. Essex, 407 F.2d 214 (6th Cir.1969) (<HOLDING>). Nonetheless, neither the bill that passed the Options: A. holding that 1503 is not violated merely by making a false statement id at 21718 B. holding that materiality does not require a showing that the creditors were prejudiced by the false statement C. holding that an attorney who made false representations to a court did not violate okla rpc 33 because that rule addresses professional misconduct as an advocate for making false statements to a tribunal not false statements by a lawyer as a witness D. holding that plaintiff failed to prove reasonable reliance on a false statement E. holding that materiality is not an element of 1542 because any false statement is sufficient

assistant: The best answer is A. holding that 1503 is not violated merely by making a false statement id at 21718
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: “‘An issue raised for the first time on appeal is not subject to appellate review because it has not been properly preserved and presented.’ ” Id. at 794 (citing Pate v. State, 601 So.2d 210, 213 (Ala.Crim.App.1992)). “[T]o preserve an issue for appellate review, it must be presented to the trial court by a timely and specific motion setting out the specific grounds in support thereof.” McKinney v. State, 654 So.2d 95, 99 (Ala.Crim.App.1995) (citation omitted). Snow’s challenges to defects in the circuit court’s consideration of the presumptive sentencing standards are waivable and were, in fact, waived when Snow failed to object to those defects in the circuit court and thereby preserve his arguments for review on appeal. Compare Clark v. State, 166 So.3d 147 (Ala.Crim.App.2014) (<HOLDING>); Hyde v. State, 185 So.3d 501 Options: A. holding circuit courts decision to depart from the presumptive sentencing recommendation and impose a prison sentence was reversible error where defendant objected on the basis that the state failed to give notice of aggravating factors that would justify a dispositional departure from the presumptive sentencing recommendation and the trial court failed to state on the record a reason for its departure B. recognizing that sentencing facts are based on the evidence and testimony presented at sentencing under a preponderance of the evidence standard 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 at resentencing the state must present evidence on an enhanced sentencing factor despite having done so at the prior sentencing hearing

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 383 U.S. 210 86 S.Ct. 767 15 L.Ed.2d 707 Richard H. M. SWANN et al.v.Tom ADAMS et al. No. 973. Feb. 25, 1966. D. P. S. Paul, P. D. Thomson, Neal Rutledge, Richard F. Wolfson, Thomas C. Britton and Stuart Simon, for appellants. Earl Faircloth, Atty. Gen., of Florida, and Edward D. Cowart and Sam Spector, Asst. Attys. Gen., for appellees. PER CURIAM. 1 We previously remanded this case to the District Court for further proceedings in light of Reynolds v. Sims, 377 U.S. 533, 84 S.Ct. 1362, 12 L.Ed.2d 506, and the other cases relating to legislative reapportionment decided with Reynolds. 378 U.S. 553, 84 S.Ct. 1904, 12 L.Ed.2d 1033. The District Court deferred action until the conclusion of the legislative session which convened on April 6, 1965, stating that it would reconsider its decision should the Florida Legislature fail to effect a valid reapportionment by July 1, 1965. 2 A reapportionment law was passed by the legislature on June 29, 1965. On July 6, the appellants filed a joint petition asking the District Court to declare the newly enacted plan unconstitutional and proposing an alternative plan. The District Court did not take action until October 5 when it ordered oral argument for November 2, 1965. On December 23 the District Court concluded that the newly passed reapportionment plan failed to 'meet the requirements of the Equal Protection Clause of the Federal Constitution as construed and applied in Reynolds v. Sims * * *.' 3 Although the District Court concluded that the plan did not comport with constitutional requirements, it approved the plan (making only minor changes) on an interim basis. Its approval was limited to the period ending 60 days after the adjournment of the 1967 session of the Florida Legislature. 4 We have no occasion to review the District Court's determination that the legislative reapportionment plan fails to meet constitutional standards. Indeed, Florida does not contend that the District Court erred in this regard, having conceded below that the plan was constitutionally deficient. We hold, however, that in approving the plan on an interim basis, the District Court erred. This litigation was commenced in 1962. The effect of the District Court's decision is to delay effectuation of a valid apportionment in Florida until at least 1969. While recognizing the desirability of permitting the Florida Legislature itself to determine the course of reapportionment, we find no warrant for perpetuating what all concede to be an unconstitutional apportionment for another three years. 5 We reverse and remand to the District Court so that a valid reapportionment plan will be made effective for the 1966 elections. 6 Reversed and remanded. 7 Mr. Justice HARLAN and Mr. Justice STEWART would affirm the judgment. 8 Mr. Justice FORTAS took no part in the consideration or decision of this case.

assistant: 2
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 provision or portion of this Agreement shall be or become illegal, invalid or unenforceable in whole or in part for any reason, such provision shall be ineffective only to the extent of such illegality, invalidity or unenforceability, without invalidating the remainder of such provision or the remaining provisions of this Agreement. If any court of competent jurisdiction should deem any covenant herein to be invalid, illegal or unenforceable because its scope is considered excessive, such covenant shall be modified so that the scope of the covenant is reduced only to the minimum extent necessary to render the modified covenant valid, legal and enforceable.

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 legal provision and list the applicable contract clause categories. Provision: Any disputes, claims, or controversies arising out of or relating to this Note, or the transactions, contemplated thereby, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Note to arbitrate, shall be referred to and resolved solely and exclusively by binding arbitration to be conducted before the Judicial Arbitration and Mediation Service (“ JAMS ” ), or its successor pursuant the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures (the “ Rules ” ), including Rules 16.1 and 16.2 of those Rules. The arbitration shall be held in New York, New York, before a tribunal consisting of three (3) arbitrators each of whom will be selected in accordance with the “strike and rank” methodology set forth in Rule 15. Either party to this Note may, without waiving any remedy under this Note, seek from any federal or state court sitting in the State of Kansas any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal. The costs and expenses of such arbitration shall be paid by and be the sole responsibility of the Borrower, including but not limited to the Holder’s attorneys’ fees and each arbitrator’s fees. The arbitrators’ decision must set forth a reasoned basis for any award of damages or finding of liability. The arbitrators’ decision and award will be made and delivered as soon as reasonably possible and in any case within sixty (60) days’ following the conclusion of the arbitration hearing and shall be final and binding on the parties and may be entered by any court having jurisdiction thereof. Notwithstanding the foregoing, the choice of arbitration shall not limit the Holder’s exercise of remedies under the Uniform Commercial Code.

assistant: Arbitration
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: None of the officers or directors of the Company and, to the knowledge of the Company, none of the employees of the Company is presently a party to any transaction with the Company or any Subsidiary (other than for services as employees, officers and directors) that is required to be disclosed and is not disclosed in the SEC Reports, including any contract, agreement or other arrangement providing for the furnishing of services to or by, providing for rental of real or personal property to or from, or otherwise requiring payments to or from any officer, director or such employee or, to the knowledge of the Company, any entity in which any officer, director, or any such employee has a substantial interest or is an officer, director, trustee or partner, other than for (i) payment of salary, consulting fees or financial advisory fees for services rendered, (ii) reimbursement for expenses incurred on behalf of the Company and (iii) other employee benefits, including restricted stock programs and stock option agreements under any stock option plan of the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) This Amendment is governed by, and is to be construed in accordance with, the laws of the State of New York. Each provision of this Amendment is severable from every other provision of this Amendment for the purpose of determining the legal enforceability of any specific provision.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 384 U.S. 895 86 S.Ct. 1977 16 L.Ed.2d 1001 Woodrow WHISMANv.GEORGIA. No. 1381, Misc. Supreme Court of the United States June 20, 1966 Rehearing Denied Oct. 10, 1966. See 87 S.Ct. 27. Reuben A. Garland and Beryl H. Weiner, for appellant. Arthur K. Bolton, Atty. Gen. of Georgia, and Alfred L. Evans, Jr., Asst. Atty. Gen., for appellee. PER CURIAM. 1 The motion to dismiss is granted and the appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, certiorari is denied. 2 Mr. Justice DOUGLAS is of the opinion that certiorari should be granted and the judgment reversed. He would remand the case for a new trial, it being clear from the record that the principles announced in Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, were not applied. He sees no reason for discriminating against this petitioner, the case having come here on direct review and being of the same vintage as Miranda v. State of Arizona. See dissenting opinion in Johnson v. State of New Jersey, 384 U.S. 736, 86 S.Ct. 1782, 16 L.Ed.2d 894.

assistant: 1
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Execute any and all further documents, financing statements, agreements and instruments, and take all such further actions (including the filing and recording of financing statements and other documents), that the Collateral Agent may reasonably request (including, without limitation, those required by applicable law), to satisfy the Collateral and Guarantee Requirement and to cause the Collateral and Guarantee Requirement to be and remain satisfied, all at the expense of the Loan Parties and provide to the Collateral Agent, from time to time upon reasonable request, evidence reasonably satisfactory to the Collateral Agent as to the perfection and priority of the Liens created or intended to be created by the Security Documents.

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 case excerpt and choose the best holding from the options. Case excerpt: Plan grants the Administrator deference and that deference was clearly used in reaching the benefit determination challenged here. Thus, the logic of Firestone favors a “clearly erroneous” standard of review. In determining this, the Court is also mindful of both published and unpublished cases of the Sixth Circuit which have applied the Firestone standard of review to plan interpretation questions made under sections 502(a)(2) and 502(a)(3). See Hunter v. Caliber System, Inc., 220 F.3d 702, 711 (6th Cir.2000) (finding as to § 1132(a)(1)(B) claim that “this case is about benefits, and Firestone requires application of the arbitrary and capricious standard if required by the language of the plan”); Bd. of Admin, v. Huntsman, 187 F.3d 634, 1999 WL 591458, at *3 (6th Cir. July 27, 1999) (<HOLDING>); see also Paramore v. Delta Air Lines, 129 Options: A. holding that the question of causation in a prima facie case of retaliation brought under general statutes 46a60 is factual in nature and thereby subject to the clearly erroneous standard of review B. holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review C. holding that claim brought under section 1132a3 was subject to clearly erroneous review under firestone D. holding that pretext is subject to the clearly erroneous standard E. holding that a finding of accommodation is reviewed under the clearly erroneous standard of review instead of under a de novo standard

assistant: The best answer is C. holding that claim brought under section 1132a3 was subject to clearly erroneous review under firestone
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: same counsel during his trial proceedings and on his direct appeals. Moreover, he had the benefit of two attorneys’ thoughts concerning the post-conviction petitions. We note parenthetically that the attorney who initially drafted one of the petitions, and reviewed the record in Stewart II, did not choose to raise any claim regarding Mr. Pumilia’s alleged incompetency. More significantly, defendant did not even raise this issue in his briefs filed with this court appealing the denial of his post-conviction petitions. Our Supreme Court Rule 341(e)(7) provides that points not asserted in an appellant’s brief are waived and shall not be raised for the first time, as defendant did here, during oral argument. 107 Ill. 2d R. 341(e)(7); see also People v. Lewis (1984), 105 Ill. 2d 226, 249-50 (<HOLDING>). Nevertheless, defendant claims that Mr. Options: A. holding argument is waived when raised for first time in reply brief B. holding that defendant waived review of an issue which he raised for the first time during oral argument C. holding that an argument raised for the first time in a reply brief is waived D. holding that an argument raised for the first time in a rule 59e motion is waived on appeal E. holding that argument raised at oral argument that was not included in brief is waived

assistant: The best answer is B. holding that defendant waived review of an issue which he raised for the first time during oral argument
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 consideration of specific facts within agency expertise that have not yet been developed, we disagree. Where a party’s claim turns entirely on an inherently judicial question, there is no need for the development of additional facts and therefore the primary-jurisdiction doctrine does not apply. Texas Dep’t of Ins. v. Reconveyance Servs., Inc., 240 S.W.3d 418, 483 (Tex. App.-Austin UDJA claim was inherently judicial in nature, where Juliff sought declaration regarding only the constitutionality of the statute and did not seek determination regarding whether statute applied to its particular permit application, which had not yet been granted or denied by agency), and City of Waco v. Texas Natural Res. Conseivation Corwm’n, 83 S.W.3d 169, 177 (TexApp.-Austin 2002, pet. denied) (<HOLDING>), 'with, Atmos Energy, 127 S.W.3d at 857 Options: A. holding that the absence of a stenographic record of an arbitration did not preclude review where the claimant alleged that a clause was contrary to public policy a pure question of law B. holding that a state agency created under state law was a state actor C. holding that citys enforcement of the entire state penal code would not constitute a city policy because the city was required to follow state law D. holding that claim construction is an issue of law for the court not a question of fact for the jury E. holding that claim involved pure question of law where city sought declaration that agencys new permitissuing process violated state law despite fact that agency had not yet issued any particular permit under policy

assistant: The best answer is E. holding that claim involved pure question of law where city sought declaration that agencys new permitissuing process violated state law despite fact that agency had not yet issued any particular permit under policy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement sets forth the entire agreement between the Parties concerning the termination of Mr. Brady’s employment and his service as a director or consultants to the Company and the Company Bank, and supersedes any other written or oral promises concerning the subject matter of this Agreement. No waiver or amendment of this Agreement will be effective unless it is in writing, refers to this Agreement, and is signed by the Parties.

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: the Board “respectfully ask[ed] that HCEA and its representatives refrain from continuing such negative or coercive comments” and alerted HCEA that “[e]ontinued such coercion ... will either result in an official request for a retraction of such statements or in clarification/correction of these statements by the district.” Thus, the letter did not forbid the allegedly intimidating comments, nor did it threaten any negative' consequences beyond its own protected expression for a failure to cease such comments. In sum, none of the letter’s statements hindered employees’ association with HCEA, prevented employees from soliciting others to join HCEA, or discouraged HCEA from advocating on behalf of its members. Cf. Thomas v. Collins, 323 U.S. 516, 535-38, 65 S.Ct. 315, 89 L.Ed. 430 (1945) (<HOLDING>); Columbus Educ. Ass’n v. Columbus City Sch. Options: A. holding union members state law claims for defamation against union preempted B. recognizing that union members interests are adequately represented by the union C. holding that labor union membership fell outside commerce D. holding that a union officials comments may be used to infer the object of union activity E. holding that a law forbidding solicitation of union membership without obtaining an organizers card infringed on the right of speech and assembly to inform people of the advantages of union membership and persuade them to join a specific union

assistant: The best answer is E. holding that a law forbidding solicitation of union membership without obtaining an organizers card infringed on the right of speech and assembly to inform people of the advantages of union membership and persuade them to join a specific union