flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Accordingly, HRS § 454-8 must be interpreted to invalidate only those contracts into which unlicensed mortgage brokers enter in them capacity as mortgage brokers within the meaning of HRS § 454-1. However, any more restrictive construction of the term “contract” in HRS § 454-8 is unwarranted. If the legislature merely intended to invalidate the recovery of unlicensed brokerage commissions, it would not have needed to render the entire contracts themselves “void and unenforceable.” Beneficial Hawaii urges that the fact, without more, that a party to a transaction is unlicensed, in violation of a licensing statute, does not, in and of itself, render the entire transaction illegal and therefore void, citing Wilson v. Kealakekua Ranch, Ltd., 57 Haw. 124, 130-32, 551 P.2d 525, 529-30 (1976) (<HOLDING>), Kona Joint Venture I, Ltd. v. Covella, 88 Options: A. holding that mutuality of obligation is essential for contracts based on mutual promises and that a contract is unenforceable where a party is free to perform or not perform the contract B. holding that architects violation of licensing statute did not render contract to perform architectural services void and unenforceable inasmuch as statute which provided for penal sanctions but was silent with respect to enforceability of contracts of its violators could not be interpreted as intending forfei ture of fees for services wholly out of proportion to the requirements of public policy extent of harm and moral quality of conduct of parties C. holding physicians covenants not to compete are unenforceable and void as a matter of public policy D. holding that in action to enforce note and mortgage by mortgagee which performed brokerage services as part of agreement with mortgagor mortgagees failure to obtain brokers license in violation of statute invalidating unlicensed peisons contracts for commission did not render entire real estate transaction void E. holding that an architects violation of a licensing statute did not render the contract to perform architectural services void and unenforceable

assistant: The best answer is B. holding that architects violation of licensing statute did not render contract to perform architectural services void and unenforceable inasmuch as statute which provided for penal sanctions but was silent with respect to enforceability of contracts of its violators could not be interpreted as intending forfei ture of fees for services wholly out of proportion to the requirements of public policy extent of harm and moral quality of conduct of parties
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS APPLICABLE TO CONTRACTS EXECUTED AND PERFORMED IN SUCH STATE WITHOUT GIVING EFFECT TO CONFLICTS OF LAWS PRINCIPLES.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The terms and conditions of this Stock Option Agreement shall be binding upon and inure to the benefit of the Company and its successors and assigns, and of the Participant and the beneficiaries, executors, administrators, heirs, and successors of the Participant.

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: If any provision of this Contract should be or become fully or partially invalid, illegal or unenforceable in any respect for any reason whatsoever, the validity, legality and enforceability of the remaining provisions of this Contract shall not in any way be affected or impaired thereby.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: ¶921-23. 9 . Id. ¶ 23. 10 . Id. ¶30 (Thorne, J., dissenting). 11 . Id. ¶31 (Thorne, J., dissenting). 12 . Id. ¶36 (Thorne, J., dissenting). 13 . Id. ¶34 (Thorne, J., dissenting). 14 . Id. ¶ 40 (Thorne, J., dissenting). 15 . Bear River Mut. Ins. Co. v. Wall, 1999 UT 33, ¶4, 978 P.2d 460. 16 . Frito-Lay v. Labor Comm'n, 2008 UT App 314, ¶10, 193 P.3d 665. 17 . Id. ¶¶ 16, 20, 23. 18 . Uiah Const. art. VIII, § 4. 19 . Entre Nous Club v. Toronto, 4 Utah 2d 98, 287 P.2d 670, 672 (1955). 20 . Utah Code Ann. § 63G-4-102(1)(a) (2008) (stating that UAPA governs state agency action). 21 . See, eg., Utah Code Ann. § 34A-2-420 (2005) (setting procedures specific to Labor Commission adjudications); see also Utah Chiropractic Ass'n v. Equitable Life Assurance Soc'y, 579 P.2d 1327, 1328 (UWiah 1978) (<HOLDING>). 22 . See State v. Briggs, 2008 UT 83, ¶ 14, Options: A. holding administrative tribunal need not mirror judicial procedures B. recognizing that we generally apply harmless error rule to administrative adjudications C. holding exhaustion is required regardless of the relief offered through administrative procedures D. holding that it would be inconsistent with congress intent to require exhaustion of optional appeals through state procedures after an aggrieved party has exhausted all administrative remedies expressly prescribed by congress in the administrative procedures act apa E. recognizing that the insurance code governs procedures for administrative adjudications

assistant: The best answer is E. recognizing that the insurance code governs procedures for administrative adjudications
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: health care provider) all medical evidence, in-chiding diagnostic tests, necessary in or der to properly make” the disability determination. 42 U.S.C. § 423(d)(5)(B); accord 20 C.F.R. §§ 404.1512(d), 416.912(d). The ALJ’s duty to develop the record remains the same regardless of whether the claimant is represented by counsel. Tejada v. Apfel, 167 F.3d 770, 774 (2d Cir.1999) (citing Pratts v. Chater, 94 F.3d 34, 37 (2d Cir.1996)). On the other hand, it is well established that “where there are no obvious gaps in the administrative record, and where the ALJ already possesses a ‘complete medical history,’ the ALJ is under no obligation to seek additional information in advance of rejecting a benefits claim.” Rosa, 168 F.3d at 79 n. 5 (citing Perez v. Chater, 77 F.3d 41, 48 (2d Cir.1996) (<HOLDING>)). While there is case law suggesting that an Options: A. holding that remand was not required and that the aljs failure to mention treating physicians opinion was harmless error because the alj adopted the treating physicians recommendations B. holding that an alj may discount a treating physicians opinion where the physician has offered inconsistent opinions C. holding that where a treating physicians opinion is contradicted by a consulting physician the alj must explain on the record the reasons for rejecting the opinion of the treating physician D. holding that where the alj had already obtained and considered reports from treating physicians the alj had before him a complete medical history and the evidence received from the treating physicians was adequate for him to make a determination as to disability E. holding that the alj erred in failing to give the findings and assessments of the treating physicians any weight when the medical evidence and claimants testimony supported a diagnosis of cfs

assistant: The best answer is D. holding that where the alj had already obtained and considered reports from treating physicians the alj had before him a complete medical history and the evidence received from the treating physicians was adequate for him to make a determination as to disability
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and for a new trial to determine whether and to what extent the collision was the proximate cause of Appellant’s injuries and what amount of damages, if any, should be awarded to Appellant. REVERSED and REMANDED with instructions. No additional motions for rehearing will be entertained. The Clerk is directed to issue the mandate forthwith. KAHN and CLARK, JJ., concur. 1 . The jury answered "No” when asked on the verdict form whether there was "negligence on the part of Defendants, Comcast of Greater Florida/Georgia, Inc. and Troy C. Koonce, which was a legal cause of injury to Plaintiff, Cindy Sorel Ebner.” 2 . In some cases, the first two elements have been grouped together as "the issue of liability.” See, e.g., Westchester Exxon v. Valdes, 524 So.2d 452, 454 (Fla. 3d DCA 1988) (<HOLDING>). Similarly, the last two elements are Options: A. holding that trial court has no duty to establish waiver on record B. holding that after court dismissed case at plaintiffs request notwithstanding the fact that jury had deliberated upon the case and indicated that it had reached a verdict there was no case pending in court on which a verdict could be predicated and the information which the judge got from an inspection of the petition handed to him by the foreman of the jury was information which he received as an individual and not as a judge of the court and further holding that despite violation of defendants right to receive the verdict that was purportedly reached the writing incorporated in the bill of exceptions as a verdict of the jury was in law no verdict because it was not received in court and published as required by law and was instead entirely extraneous and extrajudicial C. holding that the record here fails to establish the first two elements which the court identified as the duty of care and a breach of that duty and as a result a directed verdict on the issue of liability was warranted D. holding that the law imposes on every person who enters upon an active course of conduct the positive duty to exercise ordinary care to protect others from harm and calls a violation of that duty negligence that a complete binding contract between the parties is not a prerequisite to a duty to use due care in ones actions and that architects may be held liable for a breach of the duty of care and breach of contract that results in foreseeable injury economic or otherwise E. holding that the fourth amendment violation alleged by plaintiff also suffices to establish the breach of a duty of care under california law

assistant: The best answer is C. holding that the record here fails to establish the first two elements which the court identified as the duty of care and a breach of that duty and as a result a directed verdict on the issue of liability was warranted
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 request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), a Revolving Borrower shall hand deliver or transmit by Electronic Communication to an Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the Agreed Currency applicable thereto, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by an Issuing Bank, a Revolving Borrower also shall submit a letter of credit application on the relevant Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the applicable Revolving Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) subject to Sections 2.04 and 2.11(b), the Dollar Amount of the LC Exposure shall not exceed $75,000,000 and (ii) subject to Sections 2.04 and 2.11(b), the sum of the Dollar Amount of the total Revolving Credit Exposures shall not exceed the Aggregate Revolving Commitment.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: U.S. 545, 570 n. 21, 103 S.Ct. 3201, 77 L.Ed.2d 837 (1983). Most circuits to have considered the issue have held that a stay is always preferable because it may likely produce the same practical result as a dismissal while still leaving the docket open in case loose ends remain at the conclusion of the state proceedings. See Moorer v. Demopolis Waterworks & Sewer Bd., 374 F.3d 994, 998 (11th Cir.2004); CIGNA Healthcare of St. Louis, Inc. v. Kaiser, 294 F.3d 849, 851-52 (7th Cir.2002); Mahaffey v. Bechtel Assoc. Prof'l Corp., D.C., 699 F.2d 545, 546-47 (D.C.Cir. 1983) (per curiam); see also Lops v. Lops, 140 F.3d 927, 960 n. 24 (11th Cir.1998) (Kravitch, J., dissenting); but see Cox v. Planning Dist. I Cmty. Mental Health & Mental Retardation Servs. Bd., 669 F.2d 940, 943 (4th Cir.1982) (<HOLDING>). There is no need to decide this issue Options: A. holding that dismissal is appropriate so long as the determinative issues will unfailingly be resolved within the parameters of the statecourt litigation as no further action by the district court is anticipated B. holding that a forfeiture action is timely so long as at least an administrative action is filed within the 120day statutory period C. recognizing appellate courts discretion to consider issues raised in the district court but not resolved there D. holding that congress may impose its will on the states as long as it is acting within the powers granted by the constitution E. recognizing that a failure to cite supreme court decisions does not itself suggest a state court decision is contrary to such precedents so long as neither the reasoning nor the result of the statecourt decision contradicts them

assistant: The best answer is A. holding that dismissal is appropriate so long as the determinative issues will unfailingly be resolved within the parameters of the statecourt litigation as no further action by the district court is anticipated
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: Subject to the terms and conditions of this Agreement, the closing of the purchase and sale of the Shares contemplated hereby (the “ Closing ”) shall occur on the earliest practicable business day after all of the conditions set forth in Article IV are either satisfied or waived (other than conditions which, by their nature, are to be satisfied on the Closing Date), or at such other time and dates as the parties may mutually agree upon in writing. The Closing shall take place by delivery of documents required to be delivered hereby by e-mail, facsimile or other electronic transmission.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party hereto agrees to execute and deliver all such other documents, instruments and agreements and to take all such other actions as the other Party hereto may reasonably request from time to time, without payment of further consideration, in order to effectuate or evidence the transactions contemplated hereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: After the Closing, each of Purchaser and Parent will (and will cause their respective Affiliates, which in the case of Parent includes Seller, to): (a) assist the other party in preparing and filing any Tax Returns which such other party is responsible for preparing and filing in accordance with this ARTICLE 12 ; (b) reasonably cooperate with the other party in preparing for any audits of, or disputes with Governmental Authorities regarding, any Tax Returns which such other party is responsible for preparing and filing in accordance with this ARTICLE 12 ; (c) make available to the other party and to any Governmental Authority as reasonably requested all information, records and documents relating to Taxes of the Entities; (d) provide timely notice to the other Party (except for AI Brazil) in writing of any pending or threatened Tax audits or assessments of the Entities for taxable periods for which the other Party may have a Liability under Section 10.3 or this ARTICLE 12 ; (e) furnish the other Party with copies of all correspondence received from any Governmental Authority in connection with any Tax audit or information request with respect to any taxable period for which the other Party may have any liability under Section 10.3 or this ARTICLE 12 ; and timely sign and deliver such certificates or forms as may be necessary or appropriate to establish an exemption from (or otherwise reduce), or file Tax Returns or other reports with respect to, Taxes resulting from the transactions contemplated by this Agreement, and timely provide the other party with powers of attorney or similar authorizations necessary to carry out the purposes of this ARTICLE 12 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties hereto acknowledge that German American will be irreparably harmed and that there will be no adequate remedy at law for a violation of any of the covenants or agreements of the Securityholder set forth herein. Therefore, it is agreed that, in addition to any other remedies that may be available to German American upon such violation, German American shall have the right to enforce such covenants and agreements by specific performance, injunctive relief or by any other means available to German American at law or in equity.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: united states , argentina , bolivia , chile , colombia , costa rica , dominican republic , ecuador , el salvador , guatemala , honduras , nicaragua , panama , paraguay , peru , uruguay state of california , united states exclusive ; state and federal courts of san francisco county , ca or new york , ny

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall use (i) at least $50,000,000 of the proceeds from the issuance of the securities pursuant to this Agreement solely to finance the Acquisition and (ii) the remainder of such proceeds for general corporate purposes.

assistant: Use Of Proceeds
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 unvested portion of the Award is subject to forfeiture. Except as provided in this Agreement, in order to vest in and not forfeit the Restricted Shares, the Participant must remain in Service until the applicable Restricted Shares Vesting Date and, until the Restricted Shares Vesting Date, the Participant may not transfer (within the meaning described in Section 8) any unvested Restricted Stock Shares (“Restrictions”).

assistant: Forfeitures
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: § 401, 104 Stat. 4978, overhauled the naturalization process, removing naturalization from the courts and vesting the Attorney General with “sole authority to naturalize persons as citizens of the United States.” 8 U.S.C. § 1421(a). Section 401 of the Act created a process for district court judicial review of denied applications for naturalization. 8 U.S.C. § 1421(c). “Such review shall be de novo, and the court shall make its own findings of fact and conclusions of law and shall, at the request of the petitioner, conduct a hearing de novo on the application.” 8 U.S.C. § 1421(c). Section 1429 was amended to reflect the shift from judicial to administrative naturalization proceedings. Its current form prohibits the Attorney General from entertaining a naturalization re (D.Vi.1998) (<HOLDING>). I am persuaded that section 1429 does not Options: A. holding that section 1429 does not divest district court of jurisdiction when deportation proceedings are pending B. holding that district courts lack jurisdiction to review denied applications when deportation proceedings are pending C. holding that notice of appeal did not divest the district court of jurisdiction at the time it was filed because a motion for reconsideration was pending D. holding agency action is final where there are no deportation proceedings pending in which the decision might be reopened or challenged E. holding the district court did not have jurisdiction to review denial of adjustment of status where removal proceedings are pending

assistant: The best answer is A. holding that section 1429 does not divest district court of jurisdiction when deportation proceedings are pending
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)(i) Except as would not have or reasonably be expected to have a Material Adverse Effect, keep all Property and systems necessary in its business in good working order and condition (or in such working order and condition as in existence as of the Closing Date), ordinary wear and tear excepted and (ii) maintain with insurance companies the US Borrower believes to be financially sound and reputable insurance on all its Property meeting the requirements of Section 5.3 of the Guarantee and Collateral Agreement and in at least such amounts (after giving effect to any self-insurance reasonable and customary for similarly situated Persons engaged in the same or similar businesses as the US Borrower and the Restricted Subsidiaries) and against at least such risks (but including in any event public liability, product liability and business interruption) as are usually insured against in the same geographic regions by companies of similar size engaged in the same or a similar business.

assistant: Insurances
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: Borrowers shall pay to Lender in immediately available funds, due and owing as set forth in the Pricing Side Letter, including the Funding Fee. Each payment of the Funding Fee is and shall be deemed to be fully earned and non-refundable when paid, and such payment shall be made in Dollars, in immediately available funds, without deduction, set-off or counterclaim, to Lender at such account designated by Lender.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Section 4(b) and the provisions of the Plan, the Company shall deliver to the Participant on the date on which the RSUs become unrestricted and fully vested hereunder the number of shares of Common Stock equal to the number of RSUs that become unrestricted and fully vested on such date. In no event shall a Participant be entitled to receive any shares with respect to any unvested or forfeited portion of the RSU.

assistant: General
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 Shares or cash shall be delivered under the Plan to any Grantee or other person until such Grantee or other person has made arrangements acceptable to the Administrator for the satisfaction of any non-U.S., federal, state, or local income and employment tax withholding obligations, including, without limitation, obligations incident to the receipt of Shares or cash. Upon exercise or vesting of an Award the Company shall withhold or collect from the Grantee an amount sufficient to satisfy such tax obligations, including, but not limited to, by surrender of the whole number of Shares covered by the Award, if applicable, sufficient to satisfy the applicable tax withholding obligations incident to the exercise or vesting of an Award (limited to avoid, as determined by the Administrator, financial accounting charges under applicable accounting guidance and reduced to the lowest whole number of Shares if such number of Shares withheld would result in withholding a fractional Share with any remaining tax withholding settled in cash) .

assistant: Taxes
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: 1990, writ denied); Thiel v. Oaks, 535 S.W.2d 1, 2 (Tex.Civ.App.—Houston [14th Dist.] 1976, no writ); Allen v. Fisher, 118 Tex. 38, 9 S.W.2d 731, 732 (1928). When the plaintiff, as a private citizen, asserts a public, as distinguished from a private right, and his complaint fails to show the subject matter of the litigation affects him differently from other citizens, he does not establish a justiciable interest. See Tri County Citizens Rights Org. v. Johnson, 498 S.W.2d 227, 229 (Tex.Civ.App.—Austin 1973, writ ref'd n.r.e.). Blum argues the issue of standing is not before this Court because appellees failed to raise the issue in the proceeding below. To support his argument, Blum cites Texas Indus. Traffic League v. Railroad Comm’n of Texas, 633 S.W.2d 821, 823 (Tex.1982) (per curiam) (<HOLDING>). The Texas Supreme Court has expressly Options: A. holding that issue waived when the defendant failed to ask the court to make a discretionary call of any factual dispute regarding the issue of same criminal conduct and he did not contest the issue at the trial level B. holding that where plaintiff fails to raise issue of timeliness of departments hearing at administrative level the issue is waived on appeal C. holding individual standing issue waived D. holding argument not asserted before district court is waived on appeal E. holding the issue of standing is waived if not asserted at the district court level

assistant: The best answer is E. holding the issue of standing is waived if not asserted at the district court level
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: with little actual experience studying blasts from coal mining operations was qualified to testify as an expert); see also Fed.R.Evid. 702 advisory committee’s note (2000 amends.) (explaining that “[njothing in [the 2000] amendment [was] intended to suggest that experience alone ... may not provide a sufficient foundation for expert testimony”). Even if a witness is qualified as an expert regarding a particular issue, the process used by the witness in forming his expert opinion must be sufficiently reliable under Daubert and its progeny. See Quiet Tech. DC-8, Inc. v. Hureh-Dubois UK Ltd., 326 F.3d 1333, 1342 (11th Cir.2003) (stating that “one may be considered an expert but still offer unreliable testimony”); cf. McCorvey v. Baxter Healthcare Corp., 298 F.3d 1253, 1257 (11th Cir.2002) (<HOLDING>). The Eleventh Circuit in Frazier quoted the Options: A. holding that daubert does not create a new framework for analyzing proffered expert testimony based upon technical or other specialized knowledge B. holding that once an expert has passed rule 702s threshold of admissibility lingering questions or controversy concerning the quality of the experts conclusions go to the weight of the testimony rather than its admissibility C. holding that rulings on admissibility of evidence are within the discretion of the trial court and will not be disturbed absent a showing of abuse of that discretion D. holding that experts causation opinion based on statements made by plaintiff was not inherently unreliable E. holding that rulings on admissibility under daubert inherently require the trial court to conduct an exacting analysis of the proffered experts methodology

assistant: The best answer is E. holding that rulings on admissibility under daubert inherently require the trial court to conduct an exacting analysis of the proffered experts methodology
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: - a statement that the information in the notification is accurate , and under penalty of perjury , that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Company and the Subsidiaries has timely filed or caused to be filed all Tax returns and reports required to have been filed and has paid or caused to be paid all Taxes required to have been paid by it, except (a) Taxes that are being contested in good faith by appropriate proceedings and for which the Company or such Subsidiary, as applicable, has set aside on its books adequate reserves or (b) to the extent that the failure to do so could not reasonably be expected to result in a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment will become effective upon the date on which the Agent has received (a) a counterpart hereof duly executed by each of the Investors (as defined in each of the Initial Purchase Agreement and the Additional Purchase Agreement), (b) a copy of the Agent Fee Letter duly executed by each of the parties thereto, (c) a copy of the Additional Purchase Agreement duly executed by each of the parties thereto, and (d) payment from the Company of (i) all fees required to be paid on or prior to the effective date of this Amendment pursuant to the Agent Fee Letter and (ii) all reasonable third-party fees and expenses incurred by the Agent in connection with this Amendment and the transactions contemplated hereby, including, without limitation, attorneys’ fees and expenses.

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 legal provision and list the applicable contract clause categories. Provision: During the Employment Period, Executive shall have complete responsibility for and authority over all day-to-day operations of the Company. Additionally, during the Employment Period, Executive shall devote substantially all of his business time, during normal business hours, to the business and affairs of the Company and Executive shall use his reasonable best efforts to perform faithfully and efficiently the duties and responsibilities contemplated by this Agreement. Notwithstanding the foregoing, the Executive shall be allowed, to the extent such activities do not substantially interfere with the performance by Executive of his duties and responsibilities hereunder, to serve on corporate, civic or charitable boards or committees, or to continue to serve as an investment adviser. The Executive shall provide advance notice to the Board of any corporate, civic or charitable board position of which he is offered and desires to undertake.

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 legal provision and list the applicable contract clause categories. Provision: Each Credit Party will and will cause its Subsidiaries to (a) comply with the requirements of all applicable material laws, rules, regulations and orders of any Governmental Authority (including laws, rules, regulations and orders relating to taxes, employer and employee contributions, securities, employee retirement and welfare benefits, environmental protection matters and employee health and safety, ERISA, the provisions of OFAC and the Patriot Act described in Section 5.19 hereof, and all Food Laws) as now in effect and which are imposed in the future in all jurisdictions in which any Credit Party or any of its Subsidiaries is doing business other than those laws, rules, regulations and orders the noncompliance with which (including the occurrence of an ERISA Event whether caused or permitted by a Credit Party or an ERISA Affiliate) would not be reasonably expected to have, either individually or in the aggregate, a Material Adverse Effect, and (b) maintain or obtain all licenses, qualifications and permits now held or hereafter required to be held by such Credit Party or any of its Subsidiaries, for which the loss, suspension, revocation or failure to obtain or renew, would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect. This Section 2.1 shall not preclude any Credit Party or its Subsidiaries from contesting any taxes or other payments, if they are being diligently contested in good faith in a manner which stays enforcement thereof and if appropriate reserves have been recorded in conformity with GAAP, subject to Section 3.2 and no Lien (other than a Permitted Encumbrance) in respect thereof has been created.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has filed all reports, schedules, forms, statements and other documents required to be filed by the Company under the Securities Act and the Exchange Act, including pursuant to Section 13(a) or 15(d) thereof, for the two (2) years preceding the date hereof (or such shorter period as the Company was required by law or regulation to file such material) including the Company’s Registration Statement on Form S-1 (File No. 333-212610) initially filed with the Commission on July 20, 2016 (which has not been declared effective by the Commission and the Company has applied for withdrawal of such registration statement on October 19, 2016) (the foregoing materials, including the exhibits thereto and documents incorporated by reference therein, being collectively referred to herein as the ”SEC Reports”). As of their respective dates, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The financial statements of the Company included in the SEC Reports comply in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“GAAP”), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments.

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: Proper and accurate (in all material respects (as reasonably determined by the Borrower)) federal, state, local and foreign tax returns required to have been filed (after giving effect to any extension granted in the time for filing) by the Borrower or its Subsidiaries have been filed with the appropriate Governmental Authorities, and all Taxes due and payable have been paid, except to the extent (i) in either case, the failure to do so could not reasonably be expected to result in a Material Adverse Change, or (ii) such Taxes are being contested in good faith and by appropriate proceedings and for which adequate reserves have been established on the books of the appropriate Person in accordance with GAAP.

assistant: Taxes
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 EMPLOYEE HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION BASED ON THIS AGREEMENT, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH, THIS AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF OR BETWEEN ANY PARTY HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE COMPANY ENTERING INTO THIS AGREEMENT. THE COMPANY’S REASONABLE RELIANCE UPON SUCH INDUCEMENT IS HEREBY ACKNOWLEDGED.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as provided in Section 2.06 , this Agreement and all obligations of the Partnership and each of the Holders hereunder shall terminate and have no further force or effect as of the date on which the aggregate beneficial ownership of the Holders is less than 1,000,000 USAC Common Units.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term and thereafter, Executive shall not communicate negatively about or otherwise disparage the Company or its products or each and any of the released parties described in subparagraph 8(i) in any way whatsoever except as may be required for truthful sworn testimony or in connection with a legal or administrative proceeding, report, claim or dispute. After termination, in the event Executive materially breaches any of the conditions set forth herein or in any other paragraph of this Agreement, the Company may, in addition to such other remedies available to it at law or in equity, discontinue the provision of any payment or benefits to him under this Agreement, and in such event he shall forfeit his entitlement to any further termination payments or benefits under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 32(c), formerly 32(a). The Court concluded that it made “no sense to impute to Congress an intent that a defendant have the right to comment on the appropriateness of a sua sponte departure but not the right to be notified that the court is contemplating such a ruling.” Burns, 501 U.S. at 135-36, 111 S.Ct. 2182 (emphasis in original). Although Burns itself dealt with the need for notice regarding potential upward departures, Townsend notes that some lower courts have extended its reasoning to adjustments, see United States v. Jackson, 32 F.3d 1101 (7th Cir.1994); United States v. Brady, 928 F.2d 844 (9th Cir.1991), abrogated on other grounds, Nichols v. United States, 511 U.S. 738, 114 S.Ct. 1921, 128 L.Ed.2d 745 (1994); but see United States v. Canada, 960 F.2d 263 (1st Cir.1992) (<HOLDING>); United States v. Willis, 997 F.2d 407 (8th Options: A. holding that more stringent requirements of 1823e do not apply retroactively B. holding that the notice requirements of section 101101 do not apply to employees because they are not governmental units C. holding that more than notice to a defendant is required D. holding that burns notice requirements did not apply to adjustments which are more predictable than departures E. holding that the federal register notice requirements do not apply to federal criminal statutes

assistant: The best answer is D. holding that burns notice requirements did not apply to adjustments which are more predictable than departures
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: acted with the required mental state presents a question of fact which must be submitted to the fact-finder. See State v. Workman, 852 P.2d 981, 987 (Utah 1993). Therefore, dismissal on this basis would also be improper. C. Vagueness ¶ 20 Defendants further contend that dismissal is proper because section 78-3a-801(l)(a)(ii) is unconstitutionally vague because it fails to give adequate notice of the prohibited conduct. ¶ 21 When reviewing the constitutionality of a statute, we must presume that the statute is constitutional. See Tritt, 463 P.2d at 808. A statute “will not be declared unconstitutional unless found to be so beyond a reasonable doubt.” Id.; see also Salt Lake City v. Lopez, 935 P.2d 1259, 1265 (Utah Ct.App.1997); State v. McKinley, 53 N.M. 106, 202 P.2d 964, 966 (1949) (<HOLDING>). Those challenging the constitutionality of a Options: A. holding that trial court has no duty to establish waiver on record B. holding that ijnmates have the right to be provided with food sufficient to sustain them in good health that satisfies the dietary laws of their religion C. holding the court has a duty to correct erroneous past decisions D. holding court has duty to sustain and uphold statutes rather than to ignore and defeat them E. holding that the court has no duty to search for triable issues

assistant: The best answer is D. holding court has duty to sustain and uphold statutes rather than to ignore and defeat them
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 under Florida law, the principles of equitable subrogation apply to both real and personal property, but concluded that under Boley, Horizon was precluded from utilizing the doctrine due to its negligence in failing to review the results of the records search and because Horizon h the U.S. District Court in Picker noted that: “regardless of the Picker decision, the trial court was required to follow Sun-trust, as it was a controlling decision of a district court in Florida. Pardo v. State, 596 So.2d 665, 666 (Fla.1992) (finding that in the absence of inter-district conflict or contrary precedent for the supreme court, the decision of a district court of appeal is binding throughout Florida); see also Roland v. Fla. East Coast Ry., LLC, 873 So.2d 1271, 1275 n. 5 (Fla. 3d DCA 2004) (<HOLDING>) (citations omitted). As such, for these Options: A. recognizing federal authority on standing to be persuasive B. recognizing that decisions of lower federal courts interpreting federal law are not binding on state courts C. holding official comments to the code are persuasive but not controlling authority D. holding the florida appellate courts are not bound by federal precedent which is persuasive not binding authority E. recognizing that although federal precedent was not binding it was persuasive authority

assistant: The best answer is D. holding the florida appellate courts are not bound by federal precedent which is persuasive not binding authority