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

user: Read the legal provision and list the applicable contract clause categories. Provision: The headings in this Agreement are for convenience purposes and shall be ignored for purposes of enforcing this Agreement, do not constitute a part of this Agreement, and may not be used by any party hereto to characterize, interpret, limit or affect otherwise any provision of this Agreement.

assistant: Headings
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 set forth on Schedule 5.1(f) and normal collection actions, Seller has not received written notice of any litigation, action, suit, or arbitration pending against Seller, the Property or the transaction contemplated by this Agreement.

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: Purchaser hereby represents and warrants to Company that the statements contained in Schedule 5.1 are true, correct, and complete as of the Effective Date and will be true, correct, and complete as of the Closing Date (as though made then and as though the Closing Date were substituted for the date of this Agreement throughout Schedule 5.1 ).

assistant: Representations
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 set forth in the Registration Statement, the Preliminary Prospectus, and the Prospectus, none of the officers, directors or affiliates of the Company or any Subsidiary and, to the knowledge of the Company, none of the employees of the Company or any Subsidiary is presently a party to any transaction with the Company or any Subsidiary (other than for services as employees, officers and directors), including any contract, agreement or other arrangement providing for the furnishing of services to or by, providing for rental of real or personal property to or from, providing for the borrowing of money from or lending of money to or otherwise requiring payments to or from, any officer, director or such employee or, to the knowledge of the Company, any entity in which any officer, director, or any such employee has a substantial interest or is an officer, director, trustee, stockholder, member or partner, in each case in excess of $100,000 other than for (i) payment of salary or consulting fees for services rendered, (ii) reimbursement for expenses incurred on behalf of the Company and (iii) other employee benefits, including stock option agreements under any stock option plan of the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 349 (1979) [“Pedlar, Community Property”]. The article suggests the possibility that “the Devil himself could effectively receive a discharge in bankruptcy if he were married to Snow White.” Id. at 382. To this I would add: if he does not treat her better than his creditors, she will, by divorcing him, deny his discharge^ ] The cases are uniform in recognizing this effect of Section 524(a)(3). See, e.g., Soderling, 998 F.2d at 733 (“[a]ll claims against a marital community are discharged,” except for nondischargeable community claims); In re Homan, 112 B.R. 356, 360 (9th Cir. BAP 1989) (stating in dicta that after-acquired community property is immune from collection efforts, even if creditor’s claim is only against non-debtor spouse); In re Hull, 251 B.R. 726, 732 (9th Cir. BAP 2000) (<HOLDING>); In re Rollinson, 322 B.R. 879, 883 Options: A. holding that section 4a12 is a broadly applicable section of the guidelines B. holding that an unconstitutional act of congress has no legal effect C. recognizing effect of section 524a3 D. holding that intent of parties to choice of law must be given effect E. holding to the same effect

assistant: The best answer is C. recognizing effect of section 524a3
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 Plan Sponsor may elect to accelerate vesting upon the death of the Participant in accordance with Section 7.01(c) of the Adoption Agreement and/or to accelerate distributions upon Death in accordance with Section 6.01(b) or Section 6.01(d) of the Adoption Agreement. If the Plan Sponsor does not elect to accelerate distributions upon death in accordance with Section 6.01(b) or Section 6.01(d) of the Adoption Agreement, the vested amount credited to the Participant's Account will be paid in accordance with the provisions of Article 9.

assistant: Death
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: There are no actions, suits or proceedings at law or in equity, arbitrations, or governmental investigations by or before any Governmental Authority or other agency now pending, filed, or, to Borrower’s knowledge, threatened against or affecting Borrower, Guarantor or the Property, which actions, suits or proceedings, or governmental investigations, if determined against Borrower, Guarantor or the Property, might materially adversely affect (a) title to the Property; (b) the validity or enforceability of the Security Instrument; (c) Borrower’s ability to perform under the Loan; (d) Guarantor’s ability to perform under the Guaranty; (e) the use, operation or value of the Property; (f) the principal benefit of the security intended to be provided by the Loan Documents; (g) the current ability of the Property to generate Net Cash Flow sufficient to service the Loan; or (h) the current principal use of the Property.

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: Except with respect to mandatory pre-payments as set forth below, not payments shall be due from the Issuance Date through the Early Maturity Date. If the Borrower has elected the Extended Maturity Date and paid the Extension Fee and issued the Extension Warrants on or before the Early Maturity Date, then the Borrower shall pay (i) $200,000 of Principal on March 31, 2018 plus all accrued and unpaid Interest outstanding under this Note as of such payment date, and (ii) $200,000 of Principal on June 30, 2018 plus all accrued and unpaid Interest outstanding under this Note as of such payment date, and the balance on the Maturity Date, in each case by wire transfer of immediately available funds to the account listed on Schedule I hereto (or to any other account specified by the Holder to the Borrowers in writing).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: he was an actor or viewer with respect to transactions or occurrences that are part of the subject matter of the lawsuit. Such an expert should be treated as an ordinary witness. Fed.R.Civ.P. 26(b)(4) advisory committee note (1970). Courts and commentators now widely recognize the distinction between those experts whose knowledge and views lie within the ambit of Rule 26(b)(4) and those whose do not. E.g., Marine Petroleum Co. v. Champlin Petroleum Co., 206 U.S.App.D.C. 31, 641 F.2d 984 (D.C.Cir.1979); Grinnell Corp. v. Hackett, 70 F.R.D. 326 (D.R.I.1976); accord, In re Application for Water Rights v. Northern Colorado Water Conservancy Dist., 677 P.2d 320 (Colo.1984) (en banc) (Colo.R. Civ.P. 26(b)(4)); see also Teen-Ed, Inc. v. Kimball International, Inc., 620 F.2d 399 (3d Cir.1980) (<HOLDING>). See generally, 4 J. Moore, J. Lucas & G. Options: A. holding that plaintiffs accountant whom trial court had prohibited from testifying about damages in breach of contract action because plaintiff had not identified him as an expert witness in fed rcivp 26b4 response should have been allowed to testify pursuant to fedr evid 701 as ordinary witness on basis of knowledge of plaintiffs records acquired in his capacity as plaintiffs accountant B. holding that the trial court did not err in allowing a witness to testify regarding the child victims hearsay statements prior to the child testifying because ocga 24316 allows testimony about a childs outofcourt statements even in cases when the child does not appear as a witness as long as the child is available at the trial to testify C. holding that the district court did not abuse its discretion in allowing plaintiffs expert witness to testify when it also allowed defendants expert witness who disputed the methodology used by plaintiffs expert to testify D. holding that a forensic accountant is an expert witness not a lay witness E. holding that civil defendant had the right to crossexamine plaintiffs expert psychological witness about plaintiffs juvenile record in part because examination of this record formed part of the basis for experts testimony

assistant: The best answer is A. holding that plaintiffs accountant whom trial court had prohibited from testifying about damages in breach of contract action because plaintiff had not identified him as an expert witness in fed rcivp 26b4 response should have been allowed to testify pursuant to fedr evid 701 as ordinary witness on basis of knowledge of plaintiffs records acquired in his capacity as plaintiffs accountant
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 party hereto (“Recipient Party”) shall during the life of this Agreement or thereafter disclose to any person or use for any purpose any information obtained from the other (“Disclosing Party”) in connection with, or pursuant to, this Agreement or the Project including (but not limited to) the Entsorgafin Technology and any information relating to the Entsorgafin Technology. The Recipient Party shall exercise all precautions reasonably normal in the industry to keep such information secret and to minimize the risk of unauthorized disclosure or use by its employees and officers of information received from the disclosing party provided, however, that the recipient party may disclose such information to: (i) Project funders and prospective Project funders who require such disclosure (but only to the extent necessary) where bona fide necessary in the context of their due diligence for the evaluation of Entsorgafin Technology and participation in the funding; (ii) its responsible officers and employees only to the extent that such disclosure is essential to the design, making, operating the Plant; provided, further that in case the persons listed in Section 15.2. (i) are not required to execute confidentiality agreements with the disclosing party to the extent they are bound by confidentiality obligations pursuant to their respective agreements with the relevant employer and that such confidentiality obligations have a content substantially equivalent to the obligations set out in this Section. The restrictions on use and disclosure of information under this Section shall not apply to any information which the Recipient Party can prove: (i) was already known to it prior to its receipt thereof from the disclosing party; or (ii) was subsequently disclosed to it lawfully by a third party who did not obtain the same (whether directly or indirectly) from the Disclosing Party; or (iii) was in the public domain at the time of receipt by the recipient party or has subsequently entered into the public domain other than by reason of the breach of the provisions of this Section or any obligation of confidentiality owed to the disclosing party; or (iv) was required to be disclosed by law or the rule or procedures of a relevant recognized investment exchange. Upon written consent of the Licensor (such consent not to be unreasonably withheld or delayed), the Licensee may disclose information relating to the Plant to any Regulatory Body, official body or department whether in the Territory or in any other country for the purpose of enabling the Licensee to obtain confirmation that such Plant is acceptable or suitable for use in waste treatment. At the Licensee’s expense the Licensor undertakes to provide such assistance as the Licensee or any such Regulatory Body or other official body or department may reasonably require in the investigation by them as to such suitability or acceptability.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: apply to off-reservation conduct, however, is not to say that a tribe no longer enjoys immunity from suit.... There is a difference between the right to demand compliance with state laws and the means available to enforce them.”). Congress can impose substantive constraints upon a tribe without subjecting the tribe to suit in federal court to enforce those constraints, as the Supreme Court made clear in Santa Clara Pueblo. In that case, an individual Indian sued her tribe in federal court, alleging gender dis crimination in violation of the equal protection guarantee of the Indian Civil Rights Act (“ICRA”), 25 U.S.C. § 1302. Despite the ICRA’s imposition of substantive constraints upon the tribe, the Supreme Court held the suit barred by tribal sovere F.3d 1126, 1131 (11th Cir.1999) (<HOLDING>); Bassett v. Mashantucket Pequot Tribe, 204 Options: A. holding in the context of an adea claim that an indian tribes sovereign immunity had not been abrogated by congress and subject matter jurisdiction did not exist B. holding that tribal entity was not equitably estopped from asserting immunity because misrepresentations of the tribes officials or employees cannot affect its immunity from suit C. holding the copyright act not to abrogate tribal sovereign immunity where nothing on the statutes face could be so construed D. recognizing that tribes have an interest in a uniform body of federal law in the area of tribal immunity E. holding the americans with disabilities act not to abrogate tribal sovereign immunity and declaring congress abrogates tribal immunity only where the definitive language of the statute itself states an intent either to abolish indian tribes common law immunity or to subject tribes to suit under the act

assistant: The best answer is E. holding the americans with disabilities act not to abrogate tribal sovereign immunity and declaring congress abrogates tribal immunity only where the definitive language of the statute itself states an intent either to abolish indian tribes common law immunity or to subject tribes to suit under the act
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 “relation back” to give the beneficiary of a constructive trust priority over private intervening interests, this would not be determinative as to the IRS. The priority of a federal tax lien against competing claims is governed by federal law. See United States v. Dishman Independent Oil, Inc., 46 F.3d 523, 526 (6th Cir.1995) (“It is undisputed that when a federal lien is involved, the relative priority between competing liens is a question of federal law determined by the principle ‘the first in time is the first in right.’ ”). Federal law, however, makes no provision for the subordination of a tax lien through the use of the “relation back” doctrine. See id. at 527; United States v. Security Trust & Savings Bank of San Diego, 340 U.S. 47, 50, 71 S.Ct. 111, 95 L.Ed. 53 (1950) (<HOLDING>); Drye v. United States, 528 U.S. 49, 120 S.Ct. Options: A. holding that a lien holder who is not served and joined as a party to a tax suit cannot have his lien extinguished by the tax sale B. holding that a state tax lien was not judicial lien arising from judgment such that it could be avoided in bankruptcy by a chapter 13 debtor C. holding that the lien bond releases the property from the lien but the lien is then secured by the bond D. holding that a property right that comes into existence by court action such as a judgment lien does not relate back to some earlier date to destroy the priority of a federal tax lien E. holding that a judgment resolving the question of the priority of the federal tax lien constitutes a final and appealable order over which we have jurisdiction

assistant: The best answer is D. holding that a property right that comes into existence by court action such as a judgment lien does not relate back to some earlier date to destroy the priority of a federal tax lien
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: preferred. See D.D.C. R. 405. Indeed, the courts have developed rules and presumptions that enable the most efficient use of limited judicial resources while at the same time protecting the various parties’ rights to have their claims and arguments heard and decided by an impartial decision-maker. Trial judges frequently receive extraneous information about parties appearing before them but are presumed to disregard it. See Harris v. Rivera, 454 U.S. 339, 347, 102 S.Ct. 460, 465, 70 L.Ed.2d 530 (1981). In the course of a trial, as well as at pre-trial suppression hearings or during discovery, a judge may inspect documents or evidence that go to the heart of a party’s case but are ultimately determined to be inadmissible. See United States v. Cowden, 545 F.2d 257, 265-66 (1st Cir.1976) (<HOLDING>). Similarly, a judge may have personal Options: A. holding that appellate court reviewing trial courts habeas corpus ruling must review record evidence in light most favorable to ruling and uphold ruling absent abuse of discretion B. holding that when defense counsel withdrew an objection to admission of evidence the defendant waived his right to a review of the courts ruling on appeal C. holding that for error to be preserved on appeal with regard to admission of evidence in violation of a ruling on a motion in limine that the evidence is inadmissible an objection should be made at the time the evidence is offered D. recognizing that judges are necessarily exposed to matters outside the record in the course of ruling on the admission of evidence E. holding error in admission of evidence is harmless when it was merely cumulative to other evidence in the record

assistant: The best answer is D. recognizing that judges are necessarily exposed to matters outside the record in the course of ruling on the admission of evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the execution of his duties.” Crawley, supra, 187 N.J. at 460-61, 901 A.2d 924. In Crawley, we stated A police officer who reasonably relies on information from headquarters in responding to an emergency or public safety threat may be said to be acting in good faith under the statute. However, a police officer who without any basis arbitrarily detains a person on the street would not be acting in good faith. [Id. at 461 n. 8, 901 A.2d 924.] A suspect is required to cooperate with the investigating officer even when the legal underpinning of the police-citizen encounter is questionable. See Williams, supra, 192 N.J. at 10, 926 A.2d 340 (“[Defendant was obliged to submit to the investiga tory stop, regardless of its constitutionality.”); Crawley, supra, 187 N.J. at 459-60, 901 A.2d 924 (<HOLDING>). When Delagarza announced his intention to Options: A. holding that an officer has reasonable suspicion to conduct traffic stop even when his suspicion that a law has been violated is based on a reasonable mistake of law B. holding that an officers reasonable mistake of law can give rise to the reasonable suspicion necessary to justify a traffic stop under the fourth amendment C. holding defendant committed obstruction by impeding stop despite officers lack of reasonable suspicion D. holding the location of an investigative stop is a factor that contributes to an officers reasonable suspicion E. holding that circumstances created reasonable suspicion for investigatory stop

assistant: The best answer is C. holding defendant committed obstruction by impeding stop despite officers lack of reasonable suspicion
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: the company 's intellectual property policy is to ( i ) remove or disable access to material that the company believes in good faith , upon notice from an intellectual property owner or his or her agent , is infringing the intellectual property of a third party by being made available through the service ; and ( ii ) remove any user content uploaded to the service by `` repeat infringers . ''

assistant: Content removal
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 Purchasers will purchase, severally and not jointly, an aggregate of up to $600,000 in Subscription Amount corresponding to an aggregate of up to $660,000 in Principal Amount of Notes. The purchase will occur in up to two (2) tranches of (each a "Tranche," and collectively the "Tranches"), with the first Tranche a Subscription Amount of $300,000 being funded to the Company upon execution of this Agreement (the "First Closing"). The second Tranche will be for a Subscription Amount of $300,000 and will be funded no earlier than one-hundred and eighty (180) days following the First Closing but no later than two-hundred and ten (210) days following the First Closing (the "Second Closing"), subject to the Closing Conditions provided for herein; the First Closing and the Second Closing, collectively referred to as the "Closings" and each a "Closing"). Each Purchaser shall not be required to fund any Tranche subsequent to the first Tranche if (a) the Company, its Subsidiaries, or any of the directors or officers of the Company or its Subsidiaries commit fraud, (b) the Company or its Subsidiaries breach any covenant contained herein or in the other Transaction Documents, (c) if there is an Event of Default (as defined in the Notes) on any Closing Date, or (d) there is an event of default under any other Transaction Documents on any Closing Date. At each Closing, each Purchaser shall deliver to the Company, via wire transfer or a certified check, immediately available funds equal to such Purchaser's Subscription Amount as set forth on the signature page hereto executed by such Purchaser, and the Company shall deliver to each Purchaser its respective Note and a Warrant, as determined pursuant to Section 2.3(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.3 deliverable at the Closing.

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: The Company and the Subsidiaries shall not create, incur, assume or permit to exist any Lien on any property or assets now owned or hereafter acquired by it or on any income or revenues or rights in respect of any thereof, except Permitted Liens (as defined in the Note), Liens created hereunder and under the other Loan Documents, Liens for taxes not yet due or contested in compliance with this Agreement and Liens pursuant to customary security deposits under operating leases in the ordinary course of business.

assistant: Liens
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 Borrower agrees to indemnify each Lender for, and to hold each Lender harmless from, any loss or expense that such Lender may sustain or incur as a consequence of (a) default by the Borrower in making a borrowing of, conversion into or continuation of LIBOR Rate Loans after the Borrower has given a notice requesting the same in accordance with the provisions of this Agreement, (b) default by the Borrower in making any prepayment of or conversion from LIBOR Rate Loans after the Borrower has given a notice thereof in accordance with the provisions of this Agreement or (c) the making of a prepayment of LIBOR Rate Loans on a day that is not the last day of an Interest Period with respect thereto. Such indemnification may include an amount equal to the excess, if any, of (i) the amount of interest that would have accrued on the amount so prepaid, or not so borrowed, converted or continued, for the period from the date of such prepayment or of such failure to borrow, convert or continue to the last day of such Interest Period (or, in the case of a failure to borrow, convert or continue, the Interest Period that would have commenced on the date of such failure) in each case at the applicable rate of interest for such Revolving Loans provided for herein (excluding, however, the Applicable Margin included therein, if any) over (ii) the amount of interest (as reasonably determined by such Lender) that would have accrued to such Lender on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank eurodollar market. A certificate as to any amounts payable pursuant to this Section submitted in good faith to the Borrower by any Lender shall be conclusive in the absence of manifest error. This covenant shall survive the termination of this Agreement and the payment of the Revolving Loans and all other amounts payable hereunder.

assistant: Indemnity
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: Certified copies of all documents evidencing any necessary waivers, consents and approvals required by the Borrower, the Parent and the Servicer with respect to each Transaction Document to which it is a party (including, without limitation, any and all approvals required for the Borrower or the Servicer to service the Collateral).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall not issue any shares of Common Stock pursuant to this Agreement if such issuance would reasonably be expected to result in a violation of the Securities Act. The provisions of this Section 2.4 shall be implemented in a manner otherwise than in strict conformity with the terms hereof only if necessary to ensure compliance with the Securities Act.

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 failure to exercise, and no delay in exercising, on the part of Purchaser, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right. The rights of Purchaser hereunder shall be in addition to all other rights provided by law. No modification or waiver of any provision of this Guaranty, nor consent to departure therefrom, shall be effective unless in writing signed by Purchaser and Guarantor and no such consent or waiver shall extend beyond the particular case and purpose involved. No notice or demand given in any case shall constitute a waiver of the right to take other action in the same, similar or other instances without such notice or demand (except to the extent such a notice or demand is required by the terms hereof).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Parties shall cause to be performed, and hereby guarantees the performance of, all actions, agreements and obligations set forth herein to be performed by any Subsidiary of such Party or by any entity that becomes a Subsidiary of such Party at or after the Distribution Effective Time, in each case to the extent such Subsidiary remains a Subsidiary of the applicable Party.

assistant: Subsidiaries
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 their other confederates were preparing to commit the October 14, 2012 robbery of a known drug dealer by impersonating police officers and pulling over the vehicle in which the target dealer was transporting cocaine, Serrano produced a black plastic bag that contained a handgun. See Trial Tr. 323-25. Moral then provided the black bag to confederate Javion Camacho, who, in later impersonating a police officer, had a handgun strapped to the police vest he wore during the robbery. See id. at 339, 344-45. ' The jury reasonably could have concluded from this testimony that Serrano supplied Camacho with the firearm that he brandished during the robbery and, thus, aided and abetted a violation of § 924(c). See Rosemond v. United States, —U.S.-, 134 S.Ct. 1240, 1243, 188 L.Ed.2d 248 (2014) (<HOLDING>). In urging otherwise, Serrano argues that the Options: A. holding that to be guilty of aiding and abetting under 924c the defendant must have directly facilitated or encouraged use of the firearm mere presence at the scene of the crime and knowledge that the crime is being committed is not enough B. recognizing both aiding and abetting breach of fiduciary duties and aiding and abetting conversion C. holding that government proves aiding and abetting of 924c crime when it proves that defendant 1 actively assisted underlying offense or use carry or possession of firearm 2 with advance knowledge of that firearmrelated conduct D. holding that no active facilitation of the principals use of the firearm is necessary for an aiding and abetting conviction under 924c E. holding that the district courts aidingandabetting instruction for 18 usc 924c prohibiting the use or carry of a firearm during any crime of violence or drug trafficking crime was flawed because it failed to explain that the defendant needed advance knowledge of a firearms presence

assistant: The best answer is C. holding that government proves aiding and abetting of 924c crime when it proves that defendant 1 actively assisted underlying offense or use carry or possession of firearm 2 with advance knowledge of that firearmrelated conduct
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 FOURTH AMENDMENT SHALL BE DEEMED A CONTRACT AND INSTRUMENT MADE UNDER THE LAWS OF THE STATE OF NEW YORK AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF NEW YORK AND THE LAWS OF THE UNITED STATES OF AMERICA, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW.

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 case excerpt and choose the best holding from the options. Case excerpt: to discriminate in price between different purchasers of commodities of like grade and quality, where either or any of the purchases involved in such discrimination are in commerce, where such commodities are sold for use, consumption, or resale within the United St Inc., 729 F.2d 676, 681 (10th Cir.1984) (requiring a plaintiff bringing a claim under § 13(a) to show that the price differential had a detrimental effect on competition). Because the plaintiffs have failed to allege a viable civil conspiracy claim against the Individual Defendants in their individual capacities, we affirm the district court’s dismissal of the claims against the Individual Defendants, albeit on different grounds than those stated by the district co . Activities Assn. 483 F.3d 1025, 1031 (10th Cir.2007) (<HOLDING>). 2 . Whether a "sue or be sued" clause in a Options: A. holding argument waived for failure to raise it in opening brief B. holding that argument not raised in opening brief is waived C. holding an argument made in plaintiffs reply brief but not in their opening brief waived D. holding issue was waived when appellant identified issue in its opening brief but devoted less than one page of brief to it and provided no other argument and no citations E. holding that appellant waived issue by failing to raise it in opening brief

assistant: The best answer is D. holding issue was waived when appellant identified issue in its opening brief but devoted less than one page of brief to it and provided no other argument and no citations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is not a “qualified individual with a disability” under the ADA disposes of said cause of action. 18 . Having already decided that the Defendant's denial of Plaintiff’s request of January 24, 2002 is time-barred, we will only discuss the second denial for change in territory that took place on December of 2003. 19 . See also Plautz v. Potter, 156 Fed.Appx. 812 (6th Cir.2005) (criticisms of plaintiff's performance or attendance did not constitute ''harassment'' sufficient to create hostile work: environment, under the Rehabilitation Act, absent evidence that employee was ridi culed or insulted because of his medical condition to the point that it permeated the workplace environment); Angelone v. Seyfarth Shaw, LLP, No. CIV. S-05-21G6 FCD JFM, 2007 WL 1033458 (E.D.Cal. April 3, 2007) (<HOLDING>); Lucenti v. Potter, 432 F.Supp.2d 347 Options: A. holding that the plaintiffs challenge to a state law affecting the performance of her job duties was mooted when she left state employment B. holding that plaintiff established a prima facie claim of retaliation because the defendants failure to transfer her out of her abusive working environment could be viewed as an adverse personnel action and there was a causal link between the filing of plaintiffs complaint and the defendants failure to transfer her C. holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive D. holding that no reasonable person would find plaintiffs complaints of defendants criticism of her job performance to be objectively abusive E. holding no reasonable jurist could find a defense counsels affirmative misadvice as to the immigration consequences of a guilty plea to be objectively reasonable citations omitted

assistant: The best answer is D. holding that no reasonable person would find plaintiffs complaints of defendants criticism of her job performance to be objectively abusive
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: On the date hereof (and at any other time or times prescribed by applicable law or as reasonably requested by the Company), each Purchaser shall deliver to the Company a properly completed and duly executed IRS Form W-9 , Form W-8BEN, W-8BEN-E or other appropriate Form W-8 (or successor form), together with any other information necessary in order to establish an exemption from, or a reduced rate of, U.S. federal income tax withholding, and except to the extent that an exemption or reduction is properly established, all payments to be made by the Company in respect of the Exchange Notes shall be made net of deduction or withholding for or on account of taxes as required by applicable law. Each Purchaser shall promptly notify the Company if at any time such previously delivered IRS forms or information are no longer correct or valid.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: S.Ct. 2363. Then, in 1991, in its efforts to restore and strengthen the civil rights laws, Congress passed the 1991 Civil Rights Act. With respect to section 1981, the 1991 Act supplied a broader definition of “make and enforce contracts” to ensure that all persons would not be discriminated against in any aspect of contracting because of their race. It added: For purposes of this section, the term “make and enforce contracts” includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms and conditions of the contractual relationship. 42 U.S.C. section 1981(b). In short, then, section 1981, as it stands today, prohibits purposeful racial discrimination in almost every aspect of contract. Spriggs v 832 (D.N.M.1999) (<HOLDING>), a recent decision from the Fifth Circuit Options: A. holding that atwill employees have no contractual relationship with their employers to support a cause of action under section 1981 B. holding that an atwill employee may bring a cause of action under section 1981 C. holding that an atwill employment relationship is contractual and may serve as a predicate contract for a 1981 claim D. holding that an atwill employee may not recover for discriminatory discharge under section 1981 because the atwill relationship was not sufficiently contractual under tennessee law E. holding that an atwill employee may sue under 1981 for racially discriminatory termination

assistant: The best answer is B. holding that an atwill employee may bring a cause of action under section 1981
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: Club has sued. Essentially, Defendants argument is that they cannot be enjoined for conduct that is now lawful. Sierra Club v. TVA, 592 F.Supp.2d 1357, 1376-77 (N.D.Ala.2009) (dismissing as moot Sierra Club lawsuit over past opacity violations because plant was in compliance with it current permit— “A case seeking injunctive relief based on conduct that has become lawful due to a change in the law rendered moot by the change in law.”) (citations omitted). Plaintiff argues that its claim for injunctive relief is not moot because the permit promulgated by 30 Texas Administrative Code § 101.222(h) is of no effect since § 101.222(h) has been rejected by the EPA and therefore not incorporated into the Texas SIP. Luminant Generation Co., LLC v. U.S. E.P.A, 699 F.3d 427, 448 (5th Cir.2012) (<HOLDING>). Because § 101.222 is not part of the Texas Options: A. holding epa did not act in an arbitrary and capricious manner by rejecting incorporation of 101222 into the texas sip B. holding that the law of the state of incorporation applies C. holding that a court is to factor an insurers dual role into its review under the arbitrary and capricious standard though the standard remains arbitrary and capri cious D. holding it is not arbitrary and capricious to request additional evidence of continuing disability E. recognizing that arbitrary and capricious decision making by the factfinder implicates an error of law

assistant: The best answer is A. holding epa did not act in an arbitrary and capricious manner by rejecting incorporation of 101222 into the texas sip
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for Convergence Healthcare Advisors, LLC principals acting in their capacity as licensed securities agents of M&A Securities Group, Inc., no broker, finder or investment banker is entitled to any brokerage, finder’s or other fee or commission in connection with the transactions contemplated by this Agreement or any Ancillary Document based upon arrangements made by or on behalf of the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All consents, licenses, permits and governmental and third-party consents and approvals required for the due execution, delivery and performance by the Credit Parties of this Agreement and the other Loan Documents and the transactions contemplated hereby have been obtained and remain in full force and effect, except, in each case, as could not reasonably be expected to have a Material Adverse Effect.

assistant: Approvals
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 representations and warranties made hereunder and in any other Loan Document or other document delivered pursuant hereto or thereto or in connection herewith or therewith shall survive the execution and delivery hereof and thereof. Such representations and warranties have been or will be relied upon by the Administrative Agent and each Lender, regardless of any investigation made by the Administrative Agent or any Lender or on their behalf and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default at the time of any Credit Extension, and shall continue in full force and effect until the Termination Date.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: onavo grants you a limited , non-exclusive , non-transferable , revocable license , without right to sub-license , to access and use the services , solely for your own personal purposes , subject to the terms and condition of this agreement .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: parties’ familiarity with the facts, procedural background and issues presented for review. To pierce the corporate veil under an alter ego theory, a plaintiff must demonstrate, inter alia, that the owner of the corporation used its control of the corporation to commit a fraud or wrong that resulted “in an unjust loss or injury to the plaintiff.” Babitt v. Vebeliunas (In re Vebeliunas), 332 F.3d 85, 91-92 (2d Cir.2003) (citing Morris v. State Dep’t of Taxation & Fin., 82 N.Y.2d 135, 141, 603 N.Y.S.2d 807, 623 N.E.2d 1157 (1993)). The district court held that the prior default judgments obtained by the Trustee against DePrimo and the Bahamian Entities sufficed to establish this element. See Mishkin v. Gurian (In re Adler, Coleman Clearing Corp.), 399 F.Supp.2d 486, 492 (S.D.N.Y.2005) (<HOLDING>). However, the general rule is well-established Options: A. holding that common law fraud requires a showing that the plaintiff suffered injury B. holding that the default judgments establish that the bahamian entities committed violations of the exchange act and common law fraud and deceit entitling the trustee to recover damages on behalf of adler C. holding debtors are entitled to establish and recover their compensatory damages under 11 usc 105a for violations of the discharge injunction D. holding that plaintiff could recover both doubled damages under the state regulation of manufacturers distributors and dealers act and punitive damages in connection with the common law claim because the act expressly allows both types of damages E. holding that the act provides the exclusive procedures and remedies for common law causes of action based on allegations of deception fraud and misrepresentation

assistant: The best answer is B. holding that the default judgments establish that the bahamian entities committed violations of the exchange act and common law fraud and deceit entitling the trustee to recover damages on behalf of adler
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 remains subject to its standard form of indemnification agreement for officers and directors which was entered into with the Employee to indemnify the Employee against certain liabilities the Employee may incur as an officer or director of the Company. A copy of that standard form as in effect on the date of this Agreement is identified on Exhibit A to this Agreement, and if for any reason the Company and the Employee have not heretofore executed and delivered such an indemnification agreement, the terms and provisions of the Company’s standard indemnification agreement are hereby incorporated herein by reference.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms hereof, in the event of a stock dividend, stock split, reverse stock split, extraordinary cash dividend, recapitalization, reorganization, merger, consolidation, split-up, spin-off, exchange of shares, sale of assets or subsidiaries, combination, or other corporate transaction that affects the Common Stock such that the Committee determines, in its sole discretion, that an adjustment is warranted in order to preserve the benefits or prevent the enlargement of benefits of Awards under the Plan, the Committee shall, in the manner it determines equitable in its sole discretion, adjust the number and kind of shares subject to this award and shall make any other adjustments that the Committee determines to be equitable.

assistant: Adjustments