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: Commencing on the Commencement Date and terminating at the conclusion of the Term, the Company shall employ the Employee, and the Employee shall serve the Company, as "Interim Chief Executive Officer", provided, however, that the parties anticipate that within approximately 90 days following the Commencement Date, such title shall be changed to "Chief Executive Officer" and Employee shall become a member of the Board. In his capacity as Interim Chief Executive Officer or Chief Executive Officer, (a) the Employee shall report to, and follow the directions of the Board, and (b) perform and discharge the duties and responsibilities as may be determined from time to time by the Board consistent with such position, provided that such duties shall not be inconsistent with the title, tenure, and seniority of the Employee within the Company.

assistant: Employment
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: Police officers chased her through the open door, causing packets of heroin to spill out of the paper bag that she had been holding, and arrested her in the vestibule of her home. Id. at 40-41, 96 S.Ct. 2406. The exigent circumstance of “hot pursuit” excused the warrant requirement. Id. at 42-43, 96 S.Ct. 2406. See also Welsh v. Wisconsin, 466 U.S. 740, 750, 104 S.Ct. 2091, 80 L.Ed.2d 732 (1984) (describing Santana as a case involving “hot pursuit of a fleeing felon”). Santana does not govern this case because the government has never contended that exigent circumstances existed here. 10 . To the extent that Titemore may be read broadly to permit law enforcement officers to enter curtilage to search for evidence, that broad holding has been abrogated by Jar-dines, 133 S.Ct. at 1416 (<HOLDING>). 11 . To the extent the government argues that Options: A. holding based on steelman and johnson that evidence of the smell of marijuana emanating from a home a car with an open door and the keys in the ignition in front of the home and pry marks on the homes front door was not sufficient to justify a warrantless entry B. holding a dog sniff outside the defendants front door was not a fourth amendment search C. holding that a drug sniff outside the front door of the defendants residence was not a fourth amendment search because the defendant had no reasonable expectation of privacy at the entrance to property that is open to the public including the front porch D. holding that background social norms that invite a visitor to the front door do not invite him there to conduct a search E. holding an elaborate ruse to invite defendants to rob a fictitious stash house was not outrageous

assistant: The best answer is D. holding that background social norms that invite a visitor to the front door do not invite him there to conduct a search
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 Lender shall have received (i) audited consolidated financial statements of the Borrower for the 2015 and 2016 fiscal years, (ii) unaudited interim consolidated financial statements of Borrower for each fiscal quarter ended after the date of the latest applicable financial statements delivered pursuant to clause (i) of this paragraph as to which such financial statements are available, and such financial statements shall not, in the reasonable judgment of the Lender, reflect any material adverse change in the consolidated financial condition of the Borrower, as reflected in the audited, consolidated financial statements described in clause (i) of this paragraph and (iii) satisfactory Projections through June 30, 2018.

assistant: Financial Statements
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: result of misinformation provided by the State in notifying Green that Tinley would be called as a witness. In a Notice of Additional Witnesses filed with the district court and provided to Green, the State identified Tinley as a registered nurse. As a registered nurse, Tinley would have been included in the list of those persons permitted to withdraw blood pursuant to Iowa Code section 321J.11 (2003). Apparently, Green and the district court were first informed that Tinley was actually a phle-botomist through Tinley’s own testimony at the suppression hearing. 2 . We recognize that the term "medical technologist” may have a more particularized meaning for a medical professional fully versed in medical terminology. See, e.g., Procedures in Phlebotomy 7-8 (John C. Flynn, Jr., ed.1994) (<HOLDING>). However, we believe the broader, Options: A. holding that a medical professional clearly indicated an exercise of medical judgment rather than deliberate indifference where the medical professional engaged in a goodfaith clinical assessment of plaintiffs symptoms concluding on several visits that his condition did not warrant medication B. recognizing that a plaintiff must produce a medical expert to testify as to causation in all but the most selfevident medical malpractice actions C. recognizing phlebotomists as part of the field of medical technology but providing an organizational chart of the structure of a clinical laboratory which separates medical technologists from phlebotomists D. holding that an aljs own medical analysis which is contrary to medical evidence is invalid E. holding that physician testifying as to personal knowledge of medical treatment was not required to attach medical chart to affidavit in order to verify the affidavit testimony

assistant: The best answer is C. recognizing phlebotomists as part of the field of medical technology but providing an organizational chart of the structure of a clinical laboratory which separates medical technologists from phlebotomists
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: of NY., 984 F.2d 35, 39 (2d Cir.1993) (noting public interest in plaintiff’s name appearing on the ballot in a public election). 59 . Def. Mem. at 15. Of note, however, my holding was simply that parties may not "obtain panel deliberations before the close of the arbitration.” Northwestern Nat’l Ins. Co., 2011 WL 4552997, at *8. The FAA is the appropriate avenue by which a party may challenge an arbitration award through allegations of bias after the proceeding. See id. Arbitrators may also seek out ways to report gross misconduct during an arbitration proceeding that does not involve disclosing panel e-mails to the arbitrating parties. 60 . See Def. Mem. at 14-15. 61 . See Jock, 738 F.Supp.2d at 449. 62 . Cf In re Genesis Health Ventures, Inc., 367 B.R. 516, 522 (Bankr.D.Del.2007) Options: A. holding appeal moot on this basis B. holding same as to the filing of a notice of an interlocutory appeal C. holding that it is not in the public interest to compel parties to go through the expense of preparing a case for trial when all of that preparation could be rendered moot by a reversal on an interlocutory appeal D. holding that a case is moot when the parties lack a legally cognizable interest in the outcome E. holding that because the standard of review for factual determinations on direct appeal is higher than the standard applied during an interlocutory appeal of a preliminary injunction the interlocutory appeal normally will not establish law of the case on factual matters

assistant: The best answer is C. holding that it is not in the public interest to compel parties to go through the expense of preparing a case for trial when all of that preparation could be rendered moot by a reversal on an interlocutory appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Capitalized terms used in this Agreement that are not otherwise defined herein shall have the meanings assigned to them in Appendix 1 to the 2019-2 Exchange Note Supplement or, if not defined therein, in Appendix A to the Credit and Security Agreement.

assistant: Definitions
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 WRITTEN LOAN AGREEMENT AND OTHER SECURITY DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. This Agreement can be amended only by a written agreement signed by Borrower and Lender, and no waiver, consent or approval by Lender shall be valid or enforceable against Lender unless made in writing and signed by Lender.

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: c. Seller, Key Personnel and Shareholder covenant and agree that each shall not for a period of one (1) year, communicate or divulge to, or use for the benefit of itself or any other person, firm, association or corporation, any information in any way relating to the Proprietary Property, in competition with the business of the Company.

assistant: Yes
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: at the same time that the trial court denied defendant’s motion to dismiss, it also granted defendant additional time to respond to plaintiffs request to admit. Defendant did so and stated that the account number cited by plaintiff was not for defendant’s account; he had never used the account; and he never signed an agreement under that account number. Thus, he did contest the existence of the credit card contract at the heart of this case. Plaintiffs failure to attach a copy of the credit card contract to the complaint, recite the terms of the contract within the complaint, or attach an affidavit showing that the document is inaccessible is grounds for dismissal. Sherman, 392 Ill. App. 3d at 733; see also Plocar v. Dunkin’ Donuts of America, Inc., 103 Ill. App. 3d 740, 749 (1981) (<HOLDING>). Thus, defendant’s motion to dismiss should Options: A. holding that dismissal of a breach of contract claim was proper in light of the plaintiffs failure to recite or attach a copy of the contract B. holding that where there was a breach of contract accompanied by aggravating factors that it was proper to treble the breach of contract damages C. holding the government liable to plaintiffs for breach of contract D. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract E. holding that trial court erred by dismissing breach of contract claim because appellee made promises to perform specific acts in contract the breach of which would give rise to a breach of contract action

assistant: The best answer is A. holding that dismissal of a breach of contract claim was proper in light of the plaintiffs failure to recite or attach a copy of the contract
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: To Seller’s knowledge, except as set forth on Schedule 6.1(f) attached hereto, no litigation has been served upon Seller, or threatened in writing, with respect to Seller or the Real Property or the Property that remains outstanding and which would adversely affect Seller’s ability to convey the Real Property or the Property, or Buyer’s ability to operate the Real Property or the Property after Closing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Administrator may accelerate the vesting of all or a portion of the RSUs in such circumstances as it, in its sole discretion, may determine. Participant acknowledges that the RSUs and the Shares subject to the RSUs are subject to adjustment, modification and termination in certain events as provided in this Agreement and the Plan, including Section 13.2 of the Plan.

assistant: Adjustments
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 and all claims, causes of action or proceedings (whether in contract, in tort, at law or otherwise) that may be based upon, arise out of or relate to this Agreement will be governed by the laws of the State of Delaware, excluding any conflicts or choice-of-law rule or principle that might otherwise refer construction or interpretation of this Agreement to the substantive law of another jurisdiction. The Participant agrees that he or she will bring all claims, causes of action and proceedings (whether in contract, in tort, at law or otherwise) that may be based upon, arise out of or be related to the Plan and this Agreement exclusively in the federal and state courts located within the geographic boundaries of the United States District Court for the Eastern District of Pennsylvania (the “ Chosen Court ”), and hereby (i) irrevocably submits to the exclusive jurisdiction of the Chosen Court, (ii) waives any objection to laying venue in any such proceeding in the Chosen Court, (iii) waives any objection that the Chosen Court is an inconvenient forum or does not have jurisdiction over any party and (iv) agrees that service of process upon such party in any such claim or cause of action will be effective if notice is given in accordance with this Agreement.

assistant: Jurisdictions
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: was denied. Because attorney fees are separately recoverable under the ICPA, Idaho Code § 48-608(4), Plaintiffs’ attorney fees incurred in connection with this adversary proceeding should not be considered an “ascertainable loss.” Hedrick v. Spear, 138 Or.App. 53, 907 P.2d 1123, 1125 (1995). However, Plaintiffs’ attorney fees incurred in connection with Joshua’s bankruptcy filing and conservatorship proceeding, doctor fees incurred to determine his competence, and Wiggins’ loss of access to his annuity payments, and his loss on the car transaction, are all tangible out-of-pocket expenses which are capable of being discovered, observed, or established, and constitute ascertainable losses for purposes of the ICPA. See, e.g., Simms v. Candela, 45 Conn.Supp. 267, 711 A.2d 778, 781 (1998) (<HOLDING>). While the precise amount of the losses Options: A. holding that claims that relate to actual competence of the medical practitioner are not recognized under states consumer protection act but claims implicating entrepreneurial aspects of practice of medicine may be sufficient B. holding that medical expenses were within meaning of ascertainable loss under that states consumer protection statute C. holding that an award for medical expenses is proper when the expenses have been incurred but not paid D. holding that statute allows admissibility of evidence by affidavit to prove reasonableness and necessity of medical expenses E. holding that hamp violations can predicate claim under analogous massachusetts consumer protection statute

assistant: The best answer is B. holding that medical expenses were within meaning of ascertainable loss under that states consumer protection statute
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: of warranty theory is not available where “the predominant factor, thrust, or purpose” of the transaction is the “rendition of service, with goods incidentally involved.” Mattoon v. City of Pittsfield, 56 Mass.App.Ct. 124, 775 N.E.2d 770, 784 (2002). Additionally, a breach of warranty claim can only be brought against a “seller” of goods. Mass. Gen. Laws ch. 106, §§ 2-313, 2-314, 2-315. The dispositive issue before the Court is whether a hospital may be liable for breach of warranty for supplying a medical device to a patient as part of his or her treatment. The Court has discovered no Massachusetts case law that resolves that question. When a federal court is applying state substantive law in a diversity action and the state courts have not add 357, at *4 (S.D.Miss. Sept. 24, 2007) (<HOLDING>); Kavalir v. Medtronic, Inc., No. 07-0835, 2007 Options: A. holding that a hospital had not been fraudulently joined because there was no definitive ruling from any oregon appellate court foreclosing a strict liability claim against a hospital B. holding that an action for breach of implied warranty of merchantability under the uniform commercial code is a product liability action within the meaning of the products liability act if as here the action is for injury to person or property resulting from a sale of a product C. holding that the hospital was fraudulently joined because it did not meet the definition of seller as defined by mississippis product liability statute or under the uniform commercial code D. holding that the hospital was fraudulently joined because hospitals are not sellers of medical devices and therefore there was no basis in illinois law to support the plaintiffs claims for strict liability and breach of implied warranty against the hospital E. holding that a hospital cannot be strictly liable under texas law for a defective catheter because a hospital is not a seller engaged in the business of selling the product

assistant: The best answer is C. holding that the hospital was fraudulently joined because it did not meet the definition of seller as defined by mississippis product liability statute or under the uniform commercial code
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 the accounts, books, registers, ledgers, Board minutes and financial and other material records of whatsoever kind of each of DEAC and any Subsidiary of DEAC have been fully, properly and accurately kept and completed; there are no material inaccuracies or discrepancies of any kind contained or reflected therein; and they give and reflect a true and fair view of the financial, contractual and legal position of DEAC and each such Subsidiary.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to federal court.” Prudential Ins. Co. of Am., 413 F.3d at 907 (stating that § 1144(a) provides an affirmative defense against claims not completely preempted by ERISA). However, it would be grossly inaccurate to suggest that removal is foreclosed. Rather, if the claim falls under § 1132, it is completely preempted by federal law and thus removable. Neumann, 376 F.3d at 779-80. Plaintiff interprets the Court’s order to implement a two-part test, by which establishing preemption under § 1144 is an absolute prerequisite for complete preemption under § 1132. This, however, is incorrect. Finding a claim completely preempted under § 1132 is not dependent upon first finding express preemption under § 1144. See Harris v. Deaconess Health Servs. Corp., 61 F.Supp.2d 889, 893 (E.D.Mo.1999) (<HOLDING>). Nonetheless, preemption under both sections Options: A. holding that standing is component of subjectmatter jurisdiction and subjectmatter jurisdiction is essential to courts authority to hear case B. holding that a district court had jurisdiction to impose rule 11 sanctions regardless of the existence of subjectmatter jurisdiction C. holding that standing is component of subjectmatter jurisdiction D. holding that judicial analysis of the preemption under 1144 cannot help a federal court determine whether it has subjectmatter jurisdiction E. holding that the apa does not afford an implied grant of subjectmatter jurisdiction permitting federal judicial review of agency action

assistant: The best answer is D. holding that judicial analysis of the preemption under 1144 cannot help a federal court determine whether it has subjectmatter 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: From and following the Amendment Effective Date, the Executive shall have the right during the Term to use the Company’s jet aircraft for commuting purposes and for up to one hundred twenty-five (125) hours of discretionary personal use per calendar year (without carryover), provided in each case that such aircraft has not already been scheduled for use for Company business.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the parties hereto hereby irrevocably and unconditionally (i) submits, for itself and its property, to the nonexclusive jurisdiction of any New York State court in New York County or federal court of the United States of America for the Southern District of New York, and any appellate court from any thereof, in any action or proceeding arising out of or relating to the Base Indenture, the Group I Supplement, this Series 2016-2 Supplement, the Series 2016-2 Notes or the transactions contemplated hereby, or for recognition or enforcement of any judgment arising out of or relating to the Base Indenture, the Group I Supplement, this Series 2016-2 Supplement, the Series 2016-2 Notes or the transactions contemplated hereby; (ii) agrees that all claims in respect of any such action or proceeding may be heard and determined in such New York State court or, to the extent permitted by law, federal court; (iii) 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; (iv) consents that any such action or proceeding may be brought in such courts and waives any objection it may now or hereafter have to the laying of venue of any such action or proceeding in any such court and any objection it may now or hereafter have that such action or proceeding was brought in an inconvenient court, and agrees not to plead or claim the same; and (v) consents to service of process in the manner provided for notices in Section 9.15 (provided that, nothing in this Series 2016-2 Supplement shall affect the right of any such party to serve process in any other manner permitted by law).

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: During the Employment Period, the Company shall provide Executive with an annualized base salary equal to no less than $725,000.00 (“ Base Salary ”), paid in accordance with the Company’s normal payroll policies. During the Employment Period, Executive’s then-current Base Salary shall be reviewed for increase at such time, and in the same manner, as the salaries of senior officers of the Company are reviewed generally; provided, however, that Executive’s base salary shall be automatically increased each year in an amount equal to no less than the average annual percentage adjustment provided to all other executive management personnel for such year (without regard to any merit-based adjustments).

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: The execution, delivery and performance of the Transaction Documents by such Investor will not (i) conflict with or result in a material breach or material violation of (a) any of the terms and provisions of, or constitute a material default under, its organizational documents, as in effect as of immediately prior to the Closing, or (b) any Law or Order of any governmental agency or body or any court, domestic or foreign, in each case having jurisdiction over such Investor or any of its assets or properties, or (ii) conflict with, or constitute a default (or an event that with notice or lapse of time or both would become a default) under, result in the creation of any lien, encumbrance or other adverse claim upon any of the properties or assets of such Investor or give to others any rights of termination, amendment, acceleration or cancellation (with or without notice, lapse of time or both) of, any material agreement, indenture or instrument to which such Investor is a party; except in the case of clauses (i)(b) and (ii) such as would not have a material adverse effect on the ability of such Investor to perform its obligations hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Anything contained in this Agreement to the contrary notwithstanding, the provisions of Sections 6, 7, 8, 9, 13, 14, 15 and 17, (and the other provisions of this Agreement to the extent necessary to effectuate the survival of Sections 6, 7, 8, 9, 13, 14, 15 and 17), shall survive termination of this Agreement and any termination of the Executive’s employment hereunder.

assistant: Survival
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 historical consolidated financial statements of the Company included or incorporated by reference in the Registration Statement, the General Disclosure Package and the Prospectus, together with the related schedules and notes, present fairly, in all material respects, the financial condition of the Company and its consolidated subsidiaries at the dates indicated and the statement of operations, owners’ equity and cash flows of the Company and its consolidated subsidiaries for the periods specified, and such financial statements have been prepared in conformity with U.S. generally accepted accounting principles (“ GAAP ”) applied on a consistent basis throughout the periods presented. The supporting schedules, if any, relating to the Company and its consolidated subsidiaries present fairly in accordance with GAAP the information required to be stated therein. Except as included or incorporated by reference in the Registration Statement, the General Disclosure Package and the Prospectus, no historical or pro forma financial statements or supporting schedules are required to be included or incorporated by reference in the Registration Statement, the General Disclosure Package or the Prospectus under the 1933 Act or the 1933 Act Regulations. All disclosures contained or incorporated by reference in the Registration Statement, the General Disclosure Package or the Prospectus regarding “non-GAAP financial measures” (as such term is defined by the rules and regulations of the Commission) comply in all material respects with Regulation G under the 1934 Act, and Item 10 of Regulation S-K under the 1933 Act, in each case to the extent applicable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the Borrower nor any Restricted Subsidiary is in default under or with respect to any Indebtedness or Guarantee that could, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. No Default has occurred and is continuing or would result from the consummation of the transactions contemplated by this Agreement or any other Loan Document.

assistant: No Defaults
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: Koonin, argued that the indictment was filed one day too late. Id. The government countered that when “computing the time within which a prosecution may be commenced, the first day counted is the day following that on which the offense was committed.” Id. (emphasis added). The Second Circuit agreed with the government’s argument, noting that”[t]he long-established general rule is that a statute of limitations begins to run on the day following the day on which the event giving rise to the cause of action occurred.” Id. at 901 (citing Burnet v. Willingham Loan & Trust Co., 282 U.S. 437, 439, 51 S.Ct. 185, 75 L.Ed. 448 (1931)). This principle, the Court noted, had been applied in criminal as well as civil cases. Id. See, e.g., United States v. Davis, 533 F.2d 921, 923, 926 (5th Cir.1976) (<HOLDING>) (emphasis added). As Davis illustrated, this Options: A. holding that government may prove facts outside the overt acts alleged in the indictment B. holding that in a conspiracy case venue lies where the conspiracy agreement was formed or in any jurisdiction where an overt act in furtherance of the conspiracy was committed by any of the conspirators C. recognizing requirement that defendant conspired to commit an overt act in state in furtherance of the conspiracy D. holding that for an indictment returned on september 5 1974 to be timely the government had to prove that the defendant committed an overt act in furtherance of the conspiracy on or after september 5 1969 E. holding criminal conspiracy is sustained where the commonwealth establishes the defendant entered into an agreement to commit or aid in an unlawful act with another person with a shared criminal intent and an overt act was done in furtherance of the conspiracy a coconspirator may commit the overt act and conspirators are liable for acts of the coconspirators committed in furtherance of the conspiracy

assistant: The best answer is D. holding that for an indictment returned on september 5 1974 to be timely the government had to prove that the defendant committed an overt act in furtherance of the conspiracy on or after september 5 1969
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 failure or delay on the part of the Buyer, the Closed-End Servicer, the Depositor or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Buyer or the Depositor in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Buyer under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

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 case excerpt and choose the best holding from the options. Case excerpt: presented for payment was money mandating. We held that the regulation, at best, only conferred rights on presenting banks (a category that did not include the plaintiff, the bank that received the deposit). We concluded that "the regulations could [not] be construed as being money-mandating as to [the plaintiff bank], even if they were money-mandating as to [the presenting bank] ... since there is support its argument involve delay of the class certification until after a trial on the merits or the question of whether a court can consider the merits when ruling on class certification. The one case cited by Greenlee County that is on point is against the weight of authority, and we decline to follow it. See Martinez-Mendoza v. Champion Int'l Corp., 340 F.3d 1200, 1216 (11th Cir.2003) Options: A. holding that the trial court did not err by granting defendants motion for summary judgment B. holding that trial court impliedly ruled on motion for continuance by granting motion for summary judgment when appellant filed motion for continuance two days before summary judgment hearing C. holding that district court should not have granted summary judgment solely on basis that a motion for summary judgment was not opposed D. holding that court should have ruled on certification even after granting summary judgment for the defendant E. holding that district court should not have granted summary judgment solely on basis that motion for summary judgment was not opposed

assistant: The best answer is D. holding that court should have ruled on certification even after granting summary judgment for the defendant
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 sets forth the entire agreement of the parties hereinafter in respect of the subject matter contained herein and supersedes all prior agreements, letters of intent, promises, covenants, arrangements, communications, representations or warranties, whether oral or written, by an officer, executive or representative of any party hereto; and any prior agreement of the parties hereto in respect to the subject matter contained herein, including the Prior Agreement. Executive acknowledges and agrees that no officer, executive or representative of Employer is authorized to offer any term or condition of employment which is in addition to or different than those set forth 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 case excerpt and choose the best holding from the options. Case excerpt: contains only a brief general description of the property upon which taxes are due. Appellant presented no evidence that it was misled or placed at a disadvantage by the citation and pleadings. In fact, appellant concedes it properly received service. Although the description of the property did not explicitly state what specific items of personal property were at issue, such a description is unnecessary under rule 117a. The citation gave appellant sufficient notice that it was being sued by the Irving ISD for delinquent ad valo-rem taxes on personal property located at a specific address. The citation also informed appellant that failing to answer could result in a default judgment. Instead of appearing and contesting either the ownership of the persona t Worth 1999, pet. denied) (<HOLDING>); Sheshunoff & Co. v. Scholl, 560 S.W.2d 113, Options: A. holding that language in a merrill lynch customer account agreement that the plaintiff signed upon opening the first account providing for arbitration of any controversy arising out of its business applied to the disputed second account even though the plaintiff did not sign a separate customer account agreement for the second account B. holding that in a suit on a sworn account the petition with an attached sworn account and verified affidavit of the sworn account was a liquidated claim proved by written instruments C. holding that a written statement could not be regarded as an affidavit sufficient in law for any purpose because it was not sworn to by any one or before any officer D. holding that subsequent affidavit contradicting prior sworn testimony does not create genuine issue of fact E. holding that in the absence of a prior indictment probable cause for arrest is determined by the facts in the sworn complaint

assistant: The best answer is B. holding that in a suit on a sworn account the petition with an attached sworn account and verified affidavit of the sworn account was a liquidated claim proved by written instruments
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: device; a person who transcribes recorded testimony; an attorney for the government; or a person to whom disclosure is made under Rule 6(e)(3)(A)(ii) or (in). Fed.R.Crim.P. 6(e)(2). The D.C. Circuit has held that Rule 6(e) qualifies as an Exemption 3 withholding statute, even though the Criminal Rules are ordinarily not labeled as such. See Senate of P.R. v. United States Dep’t of Justice, 823 F.2d 574, 582 & n. 23 (D.C.Cir.1987) (“although rules of procedure promulgated by the Supreme Court generally do not qualify as ‘statutes’ for exemption (b)(3) purposes!,] [Rule 6(e)] does so qualify because it was specifically adopted by an Act of Congress.”) (internal citation omitted). See also Fund for Constitutional Gov’t v. Nat’l Archives & Records Serv., 656 F.2d 856, 867 (D.C.Cir.1981) (<HOLDING>). In this case, the FBI relied on Exemption 3 Options: A. holding that the statute qualifies as an exemption 3 statute B. holding that rule 6e qualifies as a statute for purposes of exemption 3 C. holding act qualifies as exemption statute under exemption 3 D. holding that 6103 qualifies as an exemption statute E. holding that various versions of the statute qualify as an exemption 3 statute

assistant: The best answer is B. holding that rule 6e qualifies as a statute for purposes of exemption 3
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: ]; [McNary u] Haitian Refugee Center, supra, [498 U.S. 479] at 494, 111 S.Ct. 888 [112 L.Ed.2d 1005 (1991)]; Ringer, 466 U.S., at 617, 104 S.Ct. 2013; Salfi, supra, at 762, 95 S.Ct. 2457, including, where necessary, the authority to develop an evidentiary record. Proceeding through the agency in this way provides the agency the opportunity to reconsider its policies, interpretations, and regulations in light of those challenges. Nor need it waste time, for the agency can waive many of the procedural steps set forth in § 405(g), see Salfi, supra, at 767, 95 S.Ct. 2457, and a court can deem them waived in certain circumstances, see Eldridge, 424 U.S., at 330-331, 96 S.Ct. 893, even though the agency technically holds no “hearing” on the claim. See Salfi, supra, at 763-767, 95 S.Ct. 2457 (<HOLDING>); Eldridge, supra, at 331-332, and n. 11, 96 Options: A. holding that secretarys decision not to challenge the sufficiency of the appellees exhaustion was in effect a determination that the agency had rendered a final decision within the meaning of 405g B. holding that the findings of reviewing physicians constituted substantial evidence in support of the secretarys decision to deny benefits C. holding that a court of veterans appeals decision interpreting 38 usc 8713 overruling the secretarys prior interpretation and remanding back to the board was a final and appealable decision D. holding that if a person wishes to challenge a mere procedural violation in the adoption of a regulation or other agency action the challenge must be brought within six years of the decision and that similarly if the person wishes to bring a policybased facial challenge to the governments decision that too must be brought within six years of the decision E. holding an agency decision is not final during the time the agency considers a petition for review

assistant: The best answer is A. holding that secretarys decision not to challenge the sufficiency of the appellees exhaustion was in effect a determination that the agency had rendered a final decision within the meaning of 405g
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 the event the sale of the Company’s 3.25% Convertible Senior Notes due 2024 is not consummated with the initial purchasers thereof on May 12, 2017 (such date, or such later date as agreed upon by the parties “ Early Termination Date ”), this Agreement shall automatically terminate (the “ Early Termination ”) on the Early Termination Date and (i) this Agreement and all of the respective rights and obligations of Dealer and Company under this Agreement shall be cancelled and terminated and (ii) each party shall be released and discharged by the other party from and agrees not to make any claim against the other party with respect to any obligations or liabilities of the other party arising out of and to be performed in connection with this Agreement either prior to or after the Early Termination Date. Each of Dealer and Company represents and acknowledges to the other that, upon an Early Termination, all obligations with respect to this Agreement shall be deemed fully and finally discharged, and all of the terms and conditions of the Warrants Confirmations as in effect prior to execution of this Agreement shall remain in full force and effect.

assistant: Effectiveness
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: gives rise to an inference that his purportedly protected speech was a motivating factor in two of the termination charges filed against him. Specifically, Kidwell contends that the department officials did not follow the requirements of the Uniform Police Officers’ Disciplinary Act (“UPODA”), 50 111. Comp. Stat. 725/1, et seq., when it questioned him after the Burlington, Iowa incident, and that the officials failed to follow the department’s internal policies when investigating Kidwell’s role in the accident during the high-speed chase. In another context, we stated that an employer’s “systematic abandonment of its hiring policies is circumstantial evidence” of a retaliatory motive. Rudin, 420 F.3d at 723; see also Giacoletto v. Amax Zinc Co., 954 F.2d 424, 427 (7th Cir.1992) (<HOLDING>). Nevertheless, we do not require that an Options: A. holding that fraud may be inferred from circumstantial evidence B. holding that lack of consent may be established by adequate circumstantial evidence C. holding that admission of hearsay was harmless where strong circumstantial evidence established the same facts D. holding that employers intent may be inferred through circumstantial evidence E. holding that the employers deviation from its established procedure when terminating the plaintiff was circumstantial evidence of retaliation

assistant: The best answer is E. holding that the employers deviation from its established procedure when terminating the plaintiff was circumstantial evidence of retaliation
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 Director shall be entitled to receive cash payments with respect to Fees deferred under the Interest Rate Deferral option together with interest accrued to the date of payment in each year of the applicable period as elected under Subparagraph 4(c); provided, however, that in the event payments commence based on a Director's Separation from Service, no payment shall be made earlier than six months after the date of such Separation from Service if the Director is then a Specified Employee, in which case any suspended payment shall occur on the earliest date permitted by this Subparagraph and Section 409A. The amount of cash to be paid each year with respect to the amount of Interest Rate Deferrals from any Plan Year shall be computed by multiplying a fraction, the numerator of which is one and the denominator of which is the number of years remaining in the applicable payment period for such Interest Rate Deferrals, by the remaining portion of such Interest Rate Deferrals plus accrued interest on such Deferred Fees (e.g., 1/10th is paid in the first year of a ten-year payment period; 1/9th of the remaining balance in the second year, 1/8th of the remaining balance in the third year, etc., over the ten years).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that additional criminal activity is afoot. Ballard, 2000 SD 134, ¶¶ 11-12, 617 N.W.2d at 841 (quoting Florida v. Royer, 460 U.S. 491, 500, 103 S.Ct. 1319, 1325-26, 75 L.Ed.2d 229, 238 (1983)). Accordingly, we must determine whether the totality of the circumstances gave rise to an objectively reasonable suspicion that Kenyon was guilty of an offense other than the traffic violation. [¶ 17.] Here, we are faced with a defendant who was legitimately pulled over for a traffic violation. Upon request, Kenyon was unable to produce proof of insurance. He claimed he had only recently, bought the car, yet it was filthy and full of trash. His account of his (and his passenger’s) destination changed three different times. See, e.g., United States v. Foley, 206 F.3d 802, 806 (8thCir.2000) (<HOLDING>). Kenyon’s passenger was wearing a long-sleeved Options: A. holding that nervous behavior and failure to make eye contact did not give rise to reasonable individualized suspicion B. holding that nervous evasive behavior is a pertinent factor in determining reasonable suspicion C. recognizing presence in a high crime area unprovoked flight and nervous evasive behavior as factors supporting a reasonable suspicion D. holding that nervous evasive behavior such as flight is a relevant factor in an examination of reasonable suspicion E. holding nervous behavior and inconsistent story justified reasonable suspicion and subsequent search

assistant: The best answer is E. holding nervous behavior and inconsistent story justified reasonable suspicion and subsequent search