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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Executive and the Company agree that if a dispute arises concerning or relating to the Executive’s employment with the Company or Holdings, or the termination of the Executive’s employment, such dispute shall be submitted to binding arbitration under the rules of the American Arbitration Association regarding resolution of employment disputes in effect at the time such dispute arises. The arbitration shall take place in New York, New York, before a single experienced arbitrator licensed to practice law in New York and selected in accordance with the American Arbitration Association rules and procedures. Except as provided below, the Executive and the Company agree that this arbitration procedure will be the exclusive means of redress for any disputes relating to or arising from the Executive’s employment with the Company or Holdings or his termination, including but not limited to disputes over rights provided by federal, state, or local statutes, regulations, ordinances, and common law, including all laws that prohibit discrimination based on any protected classification. The parties expressly waive the right to a jury trial, and agree that the arbitrator’s award shall be final and binding on both parties, and shall not be appealable. The arbitrator shall have the discretion to award monetary and other damages, and any other relief that the arbitrator deems appropriate and is allowed by law. The arbitrator shall also have the discretion to award the prevailing party reasonable costs and attorneys’ fees incurred in bringing or defending an action, and shall award such costs and fees to the Executive in the event the Executive prevails on the merits of any action brought hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Partnership is a limited partnership organized pursuant to the provisions of the Act. Except as expressly provided herein, the rights and obligations of the Partners and the administration and termination of the Partnership shall be governed by the Act. The Partnership Interest of each Partner shall be personal property for all purposes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In support of the liability and indemnity obligations assumed by the Parties in this Agreement, each Party agrees to obtain and maintain, at its own expense, insurance coverages in the types and amounts which are comparable with its peers and that is generally carried by companies performing the same or similar activities as the Parties in this Agreement. In addition, each Party shall comply with all statutory insurance requirements determined by governmental laws and regulations, as applicable. To the extent of the Parties’ indemnity obligations or liabilities assumed under this Agreement, (i) each Party’s insurance coverage shall be primary to and shall receive no contribution from any insurance maintained by the Indemnified Parties, and (ii) any insurance of each Party shall waive rights of subrogation against the Indemnified Parties and include the Indemnified Parties as additional insured under any applicable coverages. Failure to obtain adequate insurance coverage shall in no way relieve or limit any indemnity or liability of either Party under this Agreement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the arbitrator may only conduct an individual arbitration , may not consolidate more than one person 's claims and may not preside over any form of representative or class proceeding , or any proceeding on behalf of or involving more than one person or persons .

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: appeal waiver is invalid. Having reviewed the record and found no waiver of appellate rights in the plea agreement, we address the merits and affirm. The district court did not clearly err in departing under U.S.S.G. § 4A1.3(b)(l) from a Category IV criminal history to a Category III (as opposed to Nunez’s requested Category II), see United States v. Greger, 339 F.3d 666, 670 (8th Cir.2003) (standard of review); and did not err in counting the prior DWI convictions, see U.S.S.G. § 4A1.2, comment, (n.2) (sentence of probation is to be treated as sentence under § 4Al.l(c) (add 1 point for prior sentence not counted in (a) or (b)) unless condition of probation required imprisonment of at least 60 days); United States v. Nichols, 511 U.S. 738, 746-47, 114 S.Ct. 1921, 128 L.Ed.2d 745 (1994) (<HOLDING>). Having reviewed the record independently Options: A. holding that forfeiture is an element of the sentence imposed following conviction B. holding an uncounseled misdemeanor conviction is valid because no prison term was imposed and the conviction may be used to enhance a sentence for a subsequent offense C. holding that uncounseled conviction could not be considered by court in sentencing defendant after subsequent conviction D. holding that prison term following revocation of probation is a modification and part of the actual sentence imposed for the original offense E. holding uncounseled misdemeanor conviction may be sentence enhancer

assistant: The best answer is B. holding an uncounseled misdemeanor conviction is valid because no prison term was imposed and the conviction may be used to enhance a sentence for a subsequent offense
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, you will be entitled to receive not less than eight (8) weeks of paid personal leave per year (prorated for any partial year of service), which shall be accrued and taken in accordance with the Company’s vacation policy. You acknowledge and agree that, to the maximum extent permitted by applicable law, any such paid personal leave that is accrued and unused as of your termination of employment shall be forfeited and shall not be paid to you.

assistant: Vacations
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: requesting only reconsideration of an order awarding attorney fees tolls the effectiveness of a notice of appeal because the Millers’ Rule 60(b) motions not only challenged the attorney fee award but also sought to vacate the district court's announced judgment of dismissal. See Jones v. UNUM Life Ins. Co. of Am., 223 F.3d 130, 137-138 (2d Cir.2000) (recognizing that a Rule 60(b) motion seeking attorney fees is covered by Fed. R.App. P. 4(a)(4)(A)(vi) when the motion also addresses the merits of the judgment). 3 . Vacating the district court’s order does not inappropriately reverse this Court’s prior motion panel decision to dismiss, based on lack of jurisdiction, the Millers' appeal of the district court's Rule 60(b) order. See United States v. Houser, 804 F.2d 565, 567 (9th Cir.1986) (<HOLDING>). 4 . Also before the Court are Appellants' Options: A. holding that under the law of the case doctrine an issue of fact or law decided on appeal may not be reexamined by the appellate court on a subsequent appeal B. recognizing that ruling of one trial judge does not preclude another trial judge reconsidering interlocutory ruling C. holding that district court did not abuse its discretion in reconsidering a prior interlocutory ruling D. holding that the law of the case doctrine does not bar a panel reviewing the merits of an appeal from reconsidering a motions panels jurisdictional ruling E. holding that an unappealed ruling is the law of the case

assistant: The best answer is D. holding that the law of the case doctrine does not bar a panel reviewing the merits of an appeal from reconsidering a motions panels jurisdictional ruling
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: it reasonably appears that the firearms found on the premises controlled or owned by a defendant and in his actual or constructive possession are to be used to protect the drugs or otherwise facilitate a drug transaction, then such firearms are used ‘during and in relation to’ a drug trafficking crime.” (quoting 18 U.S.C. § 924(c)(1))). Though the Supreme Court has curtailed the theory in relation to § 924(c)(1) by holding that the term “use” in § 924(c)(1) means “active employment” and not merely possession, see Bailey v. United States, 516 U.S. 137, 150, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995), the theory is still applicable in § 2K2.1(b)(5) cases because the latter provision contains the additional word “possessed.” See United States v. Covert, 117 F.3d 940, 947-48 (6th Cir.1997) (<HOLDING>). A difficulty in applying the theory in the Options: A. holding that title vii continues to apply to undocumented workers after irca B. holding that woodfields fairnotice standard continues to apply C. holding that the protection of the work product rule continues after litigation has terminated D. holding that the thirdparty beneficiary theory did not apply E. holding that the theory continues to apply under 2k21b5 postbuiley

assistant: The best answer is E. holding that the theory continues to apply under 2k21b5 postbuiley
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 disclosed on Exhibit H , Seller has not received written notice of any pending or to Seller’s knowledge threatened litigation or governmental proceeding adversely affecting Seller, or the Property, which relates to the Property, the validity or enforceability of this Agreement or any instrument or document to be delivered by Seller in connection with the transactions contemplated hereby.

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: This Warrant and all actions arising out of or in connection with this Warrant shall be governed by and construed in accordance with the laws of the State of California, without regard to the conflicts of law provisions of the State of California or of any other state.

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: Each of the Parties (i) hereby irrevocably submits to the jurisdiction of the state courts in the State of Delaware, any United States District Court of competent jurisdiction and any foreign court of competent jurisdiction for the purpose of enforcing the award or decision in any arbitration proceeding pursuant to Section 10.1 or in any action seeking injunctive relief, and (ii) hereby waives, and agrees not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any Claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution (except as protected by applicable law), that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such court, and hereby waives and agrees not to seek any review by any court of any other jurisdiction which may be called upon to grant an enforcement of the judgment of any such court. Each of the parties hereto hereby consents to service of process by registered mail pursuant to the notice provisions in Section 11.2 . Each of the parties hereto agrees that its submission to jurisdiction and its consent to service of process by mail are made for the express benefit of the other parties hereto. Final judgment against any Party in any such action, suit or proceeding may be enforced in other jurisdictions by suit, action or proceeding on the judgment, or in any other manner provided by or pursuant to the laws of such other jurisdiction.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you added your phone number to your account and you later change or deactivate that phone number , you must update your account information to help prevent us from communicating with anyone who acquires your old number .

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: Upon a Participant’s Termination of Employment, during the two-year period following a Change in Control, (A) by the Company other than for Cause or Disability, or (B) by the Participant for Good Reason, any SARs outstanding as of such Termination of Employment which were outstanding as of the date of such Change in Control shall vest.

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

user: Notwithstanding any other provision of this Agreement, neither Party is required to disclose any particular information to the other and any disclosure is entirely voluntary and is not intended to be construed as: (a) granting rights by license or otherwise under any trademark, patent, copyright or other intellectual property right; Each Party agrees that nothing herein expressed or implied is intended to confer upon or give any rights or remedies to any other person under or by reason of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the defendant in view of ... its financial condition.” Fifth, the instruction told the jury that in fixing punitive damages, it could consider the “nature of defendant’s conduct” and “plaintiffs actual damages.” Haslip recognized the “plaintiffs actual damages” as an important constitutional factor with respect to punitive damages. See BMW of North America, Inc. v. Gore, 517 U.S. 559, 580-81, 116 S.Ct. 1589, 1601-02, 134 L.Ed.2d 809, 829-30 (1996) (citing Haslip, 499 U.S. at 23-24, 111 S.Ct. at 1046, 113 L.Ed.2d at 23). In addition, separate instructions defined “willful and wanton conduct” and “preponderance of clear, convincing, and satisf aslip holding and therefore has demonstrated no constitutional or legal error. State ex rel. Miller v. DeCoster, 596 N.W.2d 898, 904 (Iowa 1999) (<HOLDING>); Olson v. Nieman’s, Ltd., 579 N.W.2d 299, 316 Options: A. holding we review claim construction de novo on appeal B. holding that we review a district courts interpretation of a statute de novo C. holding that we review agency determinations of law de novo D. holding that we review issues of statutory interpretation de novo E. holding that we review constitutional challenges de novo

assistant: The best answer is E. holding that we review constitutional challenges de novo
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 Separation Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be taken to be an original, but all of which together shall constitute one and the same document. Facsimile and pdf signatures shall be deemed to be of equal force and effect as originals.

assistant: Counterparts
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: As a condition precedent to receiving any of the payments contemplated by this Agreement for consulting services, Executive shall execute and deliver to the Company the General Release attached hereto as Exhibit A (the “ Release ”) on January 1, 2018. If Executive fails to deliver such Release on such date, Executive will not serve as a consultant as contemplated by this Agreement or be entitled to any compensation or benefits under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by each Loan Party of each Loan Document to which such Person is a party, and the consummation of the Transactions, are within such Loan Party’s corporate or other powers, (a) have been duly authorized by all necessary corporate or other organizational action, and (b) do not (i) contravene the terms of any of such Person’s Organization Documents, (ii) conflict with or result in any breach or contravention of, or the creation of any Lien under (other than Permitted Liens), or require any payment to be made under (x) any Contractual Obligation to which such Person is a party or by which it or any of the properties of such Person or any of its Subsidiaries is bound or to which it may be subject or (y) any material order, injunction, writ or decree of any Governmental Authority or any arbitral award to which such Person or its property is subject; or (iii) violate any Law; except with respect to any conflict, breach or contravention or payment (but not creation of Liens) referred to in clause (b)(ii)(x) or (b)(iii), to the extent that such violation, conflict, breach, contravention or payment could not reasonably be expected to have a Material Adverse Effect.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the company will abide by the terms and conditions of the social networks and platforms in which you and any relevant contact are registered with a profile , with respect to retrieving accessible information from such networks or platforms ( for synchronization or for other purposes ) , and will follow any configuration , security , privacy or other applicable restrictions of such platforms .

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: This Agreement may be executed by the parties in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Any signatures executed and delivered by a party by facsimile transmission or by e-mail delivery in portable document format (".pdf") shall be deemed an original signature hereto.

assistant: Counterparts
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: unless you are subject to the arbitration agreement set out below , and subject to any applicable laws , if a claim arises between you and evernote where the total value of such claim is less than us$ 10,000 , the party initiating the claim may elect to have the dispute resolved pursuant to a binding arbitration process that does not require attendance in person .

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: competitive harm. See Baker Hughes, 908 F.2d at 992 (“The Herfindahl-Hirschman Index cannot guarantee litigation victories;”). It offered additional evidence to strengthen its grima facie case, to which the court now turns. 1. Unilateral Effects — National Customer Market The FTC advanced a “unilateral effects” theory to argue that the merger would harm competition in both the national and local broadline distribution markets. In this section, the court considers the evidence of unilateral effects in the national customer market and subsequently turns to the evidence regarding local customer markets. Courts have recognized that a merger that eliminates head-to-head competition between close competitors can result in a substantial lessening of competition. See Heinz, 246 F.3d at 717-19 (<HOLDING>); Swedish Match, 131 F.Supp.2d at 169 (finding Options: A. holding that antitrust violations are unfair methods of competition under the ftc act B. holding that elimination of cotapetition between second and thirdlargest jarred baby food manufacturers would weaken competition C. holding that though we do not have exclusive jurisdiction over unfair competition claims our own circuit law nonetheless determines when inequitable conduct also constitutes unfair competition D. holding that for a plaintiff to establish secondaryline competitive injury resulting from price discrimination injuring competition among the discriminating sellers customers the plaintiff must show actual competition with that sellers customers E. holding that a state common law claim seeking to require automobile manufacturers to install airbags would frustrate the purposes of the federal safety standard regulations adopted under the federal motor vehicle safety act which did not require manufacturers to do so and therefore was preempted by conflict

assistant: The best answer is B. holding that elimination of cotapetition between second and thirdlargest jarred baby food manufacturers would weaken competition
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 the Trustee or any Holder of Bonds has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee, or such Holder of Bonds, then and in every such case the District, the Trustee and the Holders of Bonds shall, subject to any determination in such proceeding, be restored severally and respectively to their former positions hereunder, and thereafter all rights and remedies of the Trustee, and the Holders of Bonds shall continue as though no such proceeding had been instituted.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the Restrictive Covenants Agreement embody the entire agreement and understanding among the Parties relative to subject matter hereof and combined supersede all prior agreements and understandings relating to such subject matter, including but not limited to the Original Agreement and any earlier offers to Employee by the Corporation.

assistant: Integration
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 § 1302(b)(1), which incorporates the duties specified in, among others, § 704(a)(9). These courts have held that because a trustee is required to perform certain statutory duties after conversion, other functions, such as the distribution of funds and the filing of claims objections, are a logical extension of the trustee’s authority to complete the administration of the chapter 13 estate. See In re Pegues, 266 B.R. at 334-35 (citing Hardin and Galloway). These decisions fail to distinguish between post-confirmation reporting duties and substantive administrative matters related to a chapter 13 trustee’ ude that the payments received by the Trustee are not held in trust pending distribution and that creditors have no vested interest in the funds held by the Trustee upon conversi (<HOLDING>); Calder v. Job, 973 F.2d 862, 866 (10th Options: A. holding that payments made to a debtor from inter vivos trusts within 180 days of filing the petition are not interests by way of bequest devise or inheritance and are not part of the bankruptcy estate B. holding that funds held by chapter 13 trustee become property of the chapter 7 estate upon conversion not subject to exemption C. holding that the corpus of an inheritance is not included in a parents gross income but that the interest generated by an inheritance is D. holding that income payment debtor received from spendthrift trusts or was entitled to receive by terms of the trusts within 180 days of filing of debtors bankruptcy petition constituted bequests and became property of debt ors estate under 541a5a E. holding inheritance received by debtor more than 180 days after filing but before conversion is property of chapter 7 estate

assistant: The best answer is E. holding inheritance received by debtor more than 180 days after filing but before conversion is property of chapter 7 estate
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 the form of the Statute in such cases made and provided, and against the peace and dignity of the State of Florida. 2 . The State did not request, and the trial court did not give, an instruction stating that the defendant could be found guilty of aggravated battery by reason of using the tile or concrete floor as a deadly weapon. Id..; see § 784.045(l)(a)2., Fla. Stat. 3 . No argument has been made that it was impermissible to instruct on aggravated battery as a lesser included offense of manslaughter. “Lesser included offenses are determined on the elements of the offenses, not on the penalties attached.” Carle v. State, 983 So.2d 693, 695 (Fla. 1st DCA 2008) (citing Sanders v. State, 944 So.2d 203 (Fla.2006)); see also Michaels v. Swanson, 403 So.2d 1023 (Fla. 2d DCA 1981) Options: A. holding that due process does not require a lesser included offense instruction of manslaughter where not requested B. holding that aggravated battery is a lesser included offense of manslaughter C. holding that where evidence was sufficient for attempted murder it was necessarily sufficient for aggravated assault which is a lesser included offense D. holding that the defendant who was charged with felony murder was not entitled to a lesser included instruction on manslaughter because manslaughter is neither a lesser included offense nor an inferior degree crime with respect to felony murder E. holding that battery is an inherently included offense of aggravated battery

assistant: The best answer is B. holding that aggravated battery is a lesser included offense of manslaughter
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of the Transaction Documents by the Company and the consummation by the Company of the transactions contemplated hereby and thereby (including, without limitation, the issuance of the Common Stock) will not (i) result in a violation of the articles of association or other organizational documents of the Company or any Subsidiary (with respect to consummation, as the same may be amended prior to the date on which any of the transactions contemplated hereby are consummated), (ii) conflict with, or constitute a default (or an event which with notice or lapse of time or both would become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture or instrument to which the Company or any Subsidiary is a party, or (iii) result in a violation of any law, rule, regulation, order, judgment or decree (including federal and state securities laws and regulations) applicable to the Company or any Subsidiary or by which any property or asset of the Company or any Subsidiary is bound or affected except, in the case of clause (ii) or (iii) above, to the extent such violations that would not reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: been very emphatic that, except in cases where only one inference can be drawn from the facts, negligence, proximate cause, and foreseeability are questions of fact for the jury. See St. Clair v. Denny, 245 Kan. 414, 781 P.2d 1043, 1047 (1989); Baker v. City of Garden City, 240 Kan. 554, 731 P.2d 278, 281 (1987); Gard, 400 P.2d at 1000, 1002; Rowell, 176 P.2d at 595. As might be expected in an area of the law in which so much depends on the factual scenario of the particular case, the holdings of the Kansas cases that address causation are not clearly dispositive of the issue. However, we find that those cases whose facts most closely approximate those of the instant case support the conclusion that the district court improperly granted summary judgment. See Steele, 327 P.2d at 1065 (<HOLDING>); Rowell, 176 P.2d at 597 (holding that Options: A. holding that in a 1983 action issue of probable cause is for the jury B. recognizing the cause of action C. recognizing the availability of a cause of action by manufacturer against supplier under consumer fraud act D. recognizing cause of action E. holding that demurrer improperly granted because dropping bottle of flammable liquid was reasonably probable such that it was not an intervening cause in action against bottle manufacturer

assistant: The best answer is E. holding that demurrer improperly granted because dropping bottle of flammable liquid was reasonably probable such that it was not an intervening cause in action against bottle manufacturer
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 Priority Lien Agent and the Second Lien Collateral Agent represents and warrants to the other parties hereto that it is authorized under the Priority Credit Agreement and the Second Lien Collateral Trust Agreement, as the case may be, to enter into this Agreement.

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: Executive acknowledges and agrees that in the course of Executive’s service to the Company, Executive will be provided with access to Confidential Information, and will be provided with the opportunity to develop relationships with clients, prospective clients, employees and other agents of the Company Group, and Executive further acknowledges that such Confidential Information and relationships are extremely valuable assets of the Company Group in which the Company Group has invested and will continue to invest substantial time, effort and expense. Accordingly, Executive acknowledges and agrees that the restrictive covenants and other terms and conditions of this Agreement are reasonable and reasonably necessary to protect the legitimate business interest of the Company Group. Further, the Executive acknowledges and agrees that the Company Group will have no adequate remedy at law and would be irreparably harmed in the event of a breach or threatened breach of this Agreement by the Executive. The Executive hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction, specific performance of each of the terms of this Agreement, or any other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages, or other available forms of relief.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Nothing contained in this Amendment shall be construed as a waiver by the Agent or any Lender of any covenant or provision of the Credit Agreement (as amended hereby), the Other Documents, this Amendment, or of any other contract or instrument between any Borrower and the Agent or any Lender, and the failure of the Agent or any Lender at any time or times hereafter to require strict performance by any Borrower of any provision thereof shall not waive, affect or diminish any right of the Agent to thereafter demand strict compliance therewith. The Agent and each Lender hereby reserves all rights granted under the Credit Agreement, the Other Documents, this Amendment and any other contract or instrument between any Borrower, Lenders and the Agent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a continuation of the welfare check. Cf. Parsons, 825 So.2d at 409 (noting that nothing suggested deputy still believed appellant was intoxicated at the time he learned appellant was a sex offender); Danielewicz, 730 So.2d at 364 (noting that although officer testified he suspected appellant was intoxicated, he did not testify that he was concerned for appellant’s safety and he acknowledged that people sleep in their cars without criminal implication). Indeed, the fact that Dermio continued to be incoherent and “out of it” despite the deputy’s repeated attempts to communicate with him suggested he might have been in need of assistance, thereby permitting the deputy to enter Dermio’s car under the emergency exception to the warrant requirement. See Mincey, 437 U.S. at 392, 98 S.Ct. 2408 (<HOLDING>); Vitale v. State, 946 So.2d 1220, 1221 (Fla. Options: A. recognizing such an exception B. recognizing that the community caretaking exception is distinct from the emergency aid or emergency assistance exception to the fourth amendment warrant requirement C. recognizing exception D. recognizing emergency exception E. holding that community caretaker exception applied but citing and relying on cases discussing the emergency aid exception

assistant: The best answer is D. recognizing emergency exception
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) Each Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Administrative Agent or any other Lender Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against any Loan Party or any other Person or any collateral.

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: This Note shall be governed by, and construed in accordance with, the laws of the State of New York applicable to contracts executed and performed entirely within the State of New York. Any judicial proceeding brought by or against Maker with respect to any of the Obligations or this Note may be brought in any court of competent jurisdiction in the State of New York, United States of America, and, by execution and delivery of this Note, Maker accepts for itself and in connection with its properties, generally and unconditionally, the non-exclusive jurisdiction of the aforesaid courts, and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Note. Maker waives any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens .

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: 7. Confidential Information shall not include information which is: d. If the Receiving Party receives a court order to disclose Confidential Information. In this case Receiving Party shall (i) promptly notify the Disclosing Party in order to allow the latter to act and avoid such disclosure, and

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: on September 30,1999. She claims that the District Court should have instructed the jury that the statute of limitations did not bar her claim to the extent it is based on this attack. Therefore, she argues, the jury could have properly been left to determine whether the earlier attacks levied against here were a part of a continuing course of violations. We ordinarily evaluate jury instructions under an abuse of discretion standard. United States v. Fischbach and Moore, Inc., 750 F.2d 1183, 1195 (3d Cir.1984). A district court necessarily abuses its discretion, however, if its instruction “misstates the proper legal standard.” As such, we exercise plenary review over a jury instruction challenged on that basis. Hopp v. City of Pittsburgh, 194 F,3d 434, 440 (3d Cir. 194 (3d Cir.1985) (<HOLDING>). Federal law governs the accrual of a § 1983 Options: A. holding kansas law provides twoyear statute of limitations for 1983 actions measured from date cause of action arose B. holding that a twoyear statute of limitations applies to negligence claims under texas law C. holding that a compulsory counterclaim was barred by pennsylvanias twoyear statute of limitations notwithstanding that the plaintiff filed his complaint late in the twoyear limitations period D. holding that a twoyear statute of limitations period applies to all 1983 actions brought in pennsylvania E. holding that kentuckys one year statute of limitations period applies to 1983 actions

assistant: The best answer is D. holding that a twoyear statute of limitations period applies to all 1983 actions brought in pennsylvania
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 highest rating available, ‘Fully Successful.’ ” Def.’s Mot. at 22 & Ex. 17. Moving to the third prong of the prima facie case, the reassignment of work responsibilities can rise to the level of an adverse employment action when it results in “significantly different responsibilities.” Brown, 199 F.3d at 456 (quoting Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 761, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998)); see also Carpenter v. Federal Nat’l Mortgage Ass’n, 949 F.Supp. 26, 28 n. 3 (D.D.C.1996). Courts are hesitant to intervene in business affairs so as to avoid judicial micromanagement, especially when a diminution in pay, benefits, or work hours does not accompany the reassignment. Mungin, 116 F.3d at 1556-57; accord Stewart v. Evans, 275 F.3d 1126, 1135 (D.C.Cir.2002) (<HOLDING>). Traditionally, “short of finding that the Options: A. holding that a job transfer was not an adverse employment action because the plaintiff enjoyed the same rate of pay and benefits and her duties were not materially modified B. holding that removal of job responsibility did not constitute an adverse employment action because there was no change in the plaintiffs job position grade pay or benefits C. holding that a change in job duties was not an adverse employment action where the new job duties did not constitute qualitatively inferior work requiring any less skill or knowledge D. holding that a transfer of job duties can constitute an adverse employment action E. holding in first amendment retaliation case that unwarranted reprimands a negative work evaluation threat of job loss through dissolution of the plaintiffs division threat of suspension without pay removal of job duties and exclusion from meetings did not constitute adverse employment action either singly or when considered in the aggregate

assistant: The best answer is B. holding that removal of job responsibility did not constitute an adverse employment action because there was no change in the plaintiffs job position grade pay or benefits
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: To the fullest extent permitted by applicable law, each party hereby waives the right to trial by jury in any action, suit, counterclaim or proceeding arising out of or related to this Amendment .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: any decision that would ‘reflec[t] negatively upon [a] state court’s ability to do so.’”) (quoting Trainor v. Hernandez, 431 U.S. 434, 443, 97 S.Ct. 1911, 52 L.Ed.2d 486 (1977)). Quite to the contrary, this court finds that state procedure does provide adequate remedies. See Streeter v. City of Worcester, 336 Mass. 469, 146 N.E.2d 514, 517 (1957) (“The Land Court had jurisdiction over the 'cause of action, to wit, whether the city was entitled to a decree of foreclosure by force of its tax title.... If, as the plaintiff now contends, the court came to the wrong conclusion in the foreclosure proceeding, [the plaintiff] had the right to bring the case [to the Supreme Judicial Court] by an appeal or by exceptions.”); see also Ludwin v. City of Cambridge, 592 F.2d 606, 609 (1st Cir.1979) (<HOLDING>). Indeed, having raised the claim in the Land Options: A. holding witness not licensed as real estate appraiser could not testify as expert on real estate valuation where statute made it unlawful to engage in real estate appraisal without license B. holding that a tax appeal on real property is a lien on the real estate and not a personal obligation of the landowner C. recognizing certificates of assessment as adequate evidence of tax liability D. holding that in some rcases there is an adequate remedy at law for an attack on an illegal or unconstitutional tax through the tax appeal board E. holding that massachusetts provides an adequate remedy for challenging a real estate tax assessment

assistant: The best answer is E. holding that massachusetts provides an adequate remedy for challenging a real estate tax assessment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 439 U.S. 281 99 S.Ct. 712 58 L.Ed.2d 520 Jacquelyn E. HUNTER, petitioner,v.Gerald Wallace DEAN, Sheriff No. 77-6248 Supreme Court of the United States December 11, 1978 On Writ of Certiorari to the Supreme Court of Georgia. Dec. 11, 1978. PER CURIAM. 1 The writ of certiorari is dismissed as improvidently granted.

assistant: 9
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 is personal to you and may not be assigned by you. This Agreement will be binding upon and inure to the benefit of you, your legal representatives, heirs and distributes and will be binding upon and inure to the benefit of the Company, its successors and assigns.

assistant: Binding Effects