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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was unable to meet its burden of showing that remedy under § 1581(c) was manifestly inadequate. Id. at 964. Having found that the plaintiff-appellant could not establish standing under either § 1581(c), nor § 1581(i), the Miller court dismissed the Complaint. Id. Here, NuFarm is seeking to have its potential class members assert jurisdiction under § 1581(i), while NuFarm itself has already established jurisdiction under § 1581(a) for identical claims. See Plaintiffs Motion at 20 (stating “it appears that the great majority of the members of the class have jurisdiction for their claims under 28 U.S.C. § 1581(i). . . .”) Under Miller, the scope of § 1581(i) jurisdiction is “strictly limited.” Norcal/Crosetti Foods, Inc. v. United States, 963 F. 2d 356, 360 (Fed. Cir. 1992) (<HOLDING>). The Court of Appeals in Thomson examined a Options: A. holding that the remedy under another subsection of 1581 is not manifestly inadequate because 1581s builtin safeguards and limitations are not to be dismissed because they are inconvenient B. holding that decisions that lie within the trial courts discretion are to be sustained unless manifestly erroneous C. holding that if the federal claims are dismissed before trial the state claims should be dismissed as well D. holding that surveys are admissible only if they are conducted with proper safeguards to insure accuracy and reliability E. holding that legislative regulations are given controlling weight unless they are arbitrary capricious or manifestly contrary to the statute

assistant: The best answer is A. holding that the remedy under another subsection of 1581 is not manifestly inadequate because 1581s builtin safeguards and limitations are not to be dismissed because they are inconvenient
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, the Borrower or the Administrative Agent, sell participations to any Person (other than a natural Person or any Loan Party or any of any Loan Party’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Revolving Commitments and/or the Loans owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations, and (iii) the Borrowers, the Administrative Agent, the Issuing Lender and the other Lenders shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnities under Sections 2.20(e) and 9.7 with respect to any payments made by such Lender to its Participant(s).

assistant: Participations
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: notwithstanding the foregoing , this agreement does not govern any use of vimeo 's application protocol interface ( api ) , which is governed by our api 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: at 1389. And in Viveros, there was no evidence that the victim had even been “aware of or comprehended the events preceding the shooting” nor was there any evidence that the victim had been in fear. 699 So.2d at 826. Here, the evidence reflected that Bryant was observed shooting at a group of men, which included Freytes-Calderon, causing the men to run and duck down. One of the men who was in the group testified that as a result of the incident, he was “in shock” and “scared.” We hold that these circumstances were such that they would “ ‘ordinarily induce fear in the mind of a reasonable man.’ ” Sullivan v. State, 898 So.2d 105, 108 (Fla. 2d DCA 2005) (quoting Gilbert v. State, 347 So.2d 1087, 1088 (Fla. 3d DCA 1977)); see also Jefferson v. State, 186 So.2d 842, 843 (Fla. 2d DCA 1966) (<HOLDING>); Johnson v. State, 888 So.2d 691, 692 (Fla. Options: A. holding that evidence was sufficient to establish aggravated assault where appellant was seen pointing and firing a gun at two women B. holdingthat evidence was sufficient to support defendants convictions on rape and aggravated assault charges 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 although pointing an unloaded gun would generally not be sufficient to support a conviction for recklessly endangering another person where the commonwealth presented evidence that there was at least one bullet in the gun a conviction could stand E. holding that evidence was sufficient where there was testimony that appellant was seen threatening the victim and that other people were afraid

assistant: The best answer is A. holding that evidence was sufficient to establish aggravated assault where appellant was seen pointing and firing a gun at two women
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any controversy or claim (except those regarding Inventions, Proprietary Information or intellectual property) arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided however, that each party will have a right to seek injunctive or other equitable relief in a court of law. The prevailing party will be entitled to receive from the nonprevailing party all costs, damages and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in connection with that action or proceeding, whether or not the controversy is reduced to judgment or award. The prevailing party will be that party who may be fairly said by the arbitrator(s) to have prevailed on the major disputed issues. Consultant hereby consents to the arbitration in the State of California in the county of Santa Clara.

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: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of New York, regardless of the laws that might otherwise govern under applicable principles of conflict of laws. Any legal action, suit or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby shall only be instituted, heard and adjudicated (excluding appeals) in a state or federal court located in the County of New York, State of New York, and each party hereto knowingly, voluntarily and intentionally waives any objection which such party may now or hereafter have to the laying of the venue of any such action, suit or proceeding, and irrevocably submits to the exclusive personal jurisdiction of any such court in any such action, suit or proceeding. Service of process in connection with any such action, suit or proceeding may be served on each party hereto anywhere in the world by the same methods as are specified for the giving of notices under this Agreement.

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: authori 782 N.E.2d 275, 280-81 (2002) (detention for fifteen minutes to write out ticket while awaiting arrival of drug-sniffing dog called at outset of stop held unreasonable absent reasonable suspicion); Haas v. State, 172 S.W.3d 42, 50 (Tex.App.-Waco 2005, pet. ref’d) (citing United States v. Kelley, 981 F.2d 1464, 1470 (5th Cir.1993)) (noting, under appropriate circumstances, extensive questioning about matters wholly unrelated to routine traffic stop may violate Fourth Amendment). 29 . Caballes, 543 U.S. at 407, 125 S.Ct. at 837. 30 . Kothe, 152 S.W.3d at 64; Davis, 947 S.W.2d at 245 (purpose of stop for suspicion o 392 U.S. at 32-33, 88 S.Ct. at 1885-86 (Harlan, J., concurring)); see also United States v. Drayton, 536 U.S. 194, 201, 122 S.Ct. 2105, 2110, 153 L.Ed.2d 242 (2002) (<HOLDING>). 46 . Bostick, 501 U.S. at 436, 111 S.Ct. at Options: A. holding that one does not arouse reasonable suspicion merely by attempting to walk away from the police B. holding only reasonable suspicion is required to conduct a field sobriety test C. holding that while each separate item standing alone did not provide reasonable suspicion a combination of factors clearly satisfied the reasonable suspicion requirement D. holding that the excluded evidence required a finding of reasonable suspicion E. holding reasonable suspicion not required provided police do not induce cooperation by coercive means

assistant: The best answer is E. holding reasonable suspicion not required provided police do not induce cooperation by coercive means
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 Borrower, the Paying Agent and the Lenders hereby irrevocably waives all right to trial by jury in any action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or relating to this Agreement or the actions of the Paying Agent or any Lender in the negotiation, administration, performance or enforcement thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by, and construed in accordance with, the laws of the state in which the Property is located, without regard to any otherwise applicable principles of conflicts of laws. Venue for any action arising out of this Agreement shall be in the state courts in the state and county in which the Property is located or in U.S. Federal District Court for the applicable district in which the Property is located.

assistant: Venues
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: can substantially similar claims be separately classified? That situation was dealt with in Teamsters Nat’l Freight Indus. Negotiating Comm. v. U.S. Truck Co. (In re U.S. Truck Co.), 800 F.2d 581, 586 (6th Cir. 1986), where the Sixth Circuit Court of Appeals said: There must be some limit on a debtor’s power to classify creditors in such a manner. The potential for abuse would be significant otherwise. Unless there is some requirement of keeping similar claims together, nothing would stand in the way of a debtor seeking out a few impaired creditors (or even one such creditor) who will vote for the plan and placing them in them own class. Other circuits agree. See Boston Post Road Ltd. Partnership v. F.D.I.C. (In re Boston Post Road Ltd. Partnership), 21 F.3d 477, 483 (2d Cir.1994) (<HOLDING>); John Hancock Mut. Life Ins. Co. v. Route 37 Options: A. holding that medical expenses must be proven to be both reasonable and necessary B. holding that a legitimate reason other than creation of impaired assenting class must be proven for separate classification to be allowed C. holding that territorial jurisdiction must be proven beyond a reasonable doubt D. holding that to maintain a class action the existence of the class must be pleaded and the limits of the class must be defined with some specificity E. holding that reliance must be proven by some evidence

assistant: The best answer is B. holding that a legitimate reason other than creation of impaired assenting class must be proven for separate classification to be allowed
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 shares of CDI Stock issued hereunder to the Recipient or his Personal Representative shall be transferred in accordance with all applicable laws, regulations and listing requirements of any national securities exchange on which CDI Stock is then traded or listed, and the Company may take all actions necessary or appropriate to comply with such requirements including, without limitation, restricting (by legend or otherwise) such CDI Stock as shall be necessary or appropriate, in the opinion of counsel for the Company, to comply with applicable federal and state securities laws, including Rule 16b-3 (or any similar rule) of the Securities and Exchange Commission, and postponing the issuance or delivery of any shares of CDI Stock. Notwithstanding any provision in this Agreement to the contrary, the Company shall not be obligated to issue or deliver any shares of CDI Stock if such action violates any provision of any law or regulation of any governmental authority or any national securities exchange. The Company may also condition the issuance of shares of CDI Stock upon the prior receipt from the Recipient of any undertakings that the Company determines are required to ensure that the shares are being issued in compliance with federal and state securities laws.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the occurrence of any event of default specified in Section 13.1.1 , Section 13.1.2 , Section 13.1.6 or Section 13.1.7 , Landlord will have the option to pursue any one or more of the following remedies without any further notice or demand whatsoever. Upon the occurrence of any other event of default under Section 13.1 , this Lease will automatically terminate without action on the part of Landlord and Section 13.2.1 hereof will control.

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 Amendment may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery by a Party of an executed counterpart of this Amendment via facsimile or other electronic method of transmission pursuant to which the signature of such Person can be seen (including Adobe Corporation’s Portable Document Format) will have the same force and effect as the delivery of an original executed counterpart of this Amendment.

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: Employer shall withhold from the Termination Benefits all Federal, state, city, or other taxes as legally required to be withheld, as well as any other amounts authorized or required by policy, including, but not limited to, withholding for garnishments and judgments or other court orders.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Bank shall reimburse the Employee for all reasonable expenses incurred in connection with his duties on behalf of the Bank, provided that the Employee shall keep and present to the Bank records and receipts relating to reimbursable expenses incurred by him. Such records and receipts shall be maintained and presented in a format, and with such regularity, as the Bank reasonably may require in order to substantiate the Bank's right to claim income tax deductions for such expenses. For any expenditure in excess of $500.00, the Employee must obtain written approval from the CEO if he is to be reimbursed for the expense. Without limiting the generality of the foregoing, the Employee shall be entitled to reimbursement for any business-related travel, business-related entertainment and other costs and expenses reasonably incident to the performance of his duties on behalf of the Bank.

assistant: Expenses
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 such redeterminations, while significant, has proven “too short for any particular plaintiff to seek meaningful injunctive relief on her or his own behalf.” PI. Supp. Mem. at 2. By the time any particular plaintiff files suit, the issue is briefed, and a hearing is held, she will, in all likelihood, be released from custody by an IJ (who is not bound by DHS policy). See id. Plaintiffs argue that “[a] preliminary injunction would thus only be effective to prevent the irreparable harm that DHS’s No-Release Policy inflicts on other asylum-seeking families.” Id. To achieve meaningful relief with respect to DHS’s allegedly unlawful policy, accordingly, they sensibly ask this Court to provisionally certify a class. See Sosna v. Iowa, 419 U.S. 393, 401, 95 S.Ct. 553, 42 L.Ed.2d 532 (1975) (<HOLDING>); Cnty. of Riverside v. McLaughlin, 500 U.S. Options: A. holding that it is error to certify class when named class representatives are not members of the class they purport to represent B. holding that after a class is certified the controversy may exist between a named defendant and a member of the class represented by the named plaintiff even though the claim of the named plaintiff has become moot C. holding that a rule 23 named plaintiffs acceptance of a settlement offer as to his individual claims mooted his interest in the denial of class certification D. holding that tolling does not apply to additional defendants who were not named in the class action E. holding that a class action is not mooted by the intervening resolution of the controversy as to the named plaintiffs

assistant: The best answer is E. holding that a class action is not mooted by the intervening resolution of the controversy as to the named plaintiffs
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: private party. The court considered whether that new requirement applied only to the named plaintiff or also to all absent class members. Id., 93 Cal.Rptr.3d 559, 207 P.3d at 25. The court concluded, based on the language of the initiative, that only the named plaintiff needed to show such an injury in fact. Id. Individuals could remain part of the class even if they had suffered no injury in fact. Id., 93 Cal.Rptr.3d 559, 207 P.3d at 35. That case, however, was in state court and did not address federal courts’ standing requirements. Before the enactment of Proposition 64, uninjured plaintiffs could bring UCL claims in state court, but not federal court. See, e.g., Seibels Bruce Group, Inc. v. R.J. Reynolds Tobacco Co., No. C-99-0593 MHP, 1999 WL 760527 at *6 (N.D.Cal. Sept. 21, 1999) (<HOLDING>); Boyle v. MTV Networks, Inc., 766 F.Supp. 809, Options: A. holding that to have standing a plaintiff must establish an injury in fact a casual connection between the injury and that the injury will be redressed by a favorable decision B. holding that plaintiff did not have standing to assert ucl claim in federal court because it did not establish a distinct and palpable injury C. holding that a litigant may not claim standing to assert the rights of a third party D. holding that a plaintiff may not assert claims based on statements she did not view E. holding that plaintiffs did not have standing because they did not sue the party with the clear ability to act

assistant: The best answer is B. holding that plaintiff did not have standing to assert ucl claim in federal court because it did not establish a distinct and palpable injury
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: simply identify conduct properly attributable to the municipality. Id. Rather, it must be shown that “through its deliberate conduct, the municipality was the ‘moving force’ behind the injury alleged. That is, a plaintiff must show that the municipal action was taken with the requisite degree of culpability and must demonstrate a direct causal link between the municipal action and the deprivation of federal rights.” Id. Proof that a municipality’s “authorized decisionmaker has intentionally depr 8-1446, 181 F.3d 79, 1998 WL 1085684, *1 (1st Cir.1998) (citing Pembaur, 475 U.S. at 481, 106 S.Ct. 1292 for the proposition that a single decision by a final decision-maker may give rise to municipal liability) (unpublished opinion); Roma Constr. Co. v. aRusso, 96 F.3d 566, 576 (1st Cir.1996) (<HOLDING>) (citation omitted); Harrington v. Almy, 977 Options: A. holding intent may be inferred from all facts and circumstances B. holding that a policy for purposes of municipal liability may be established by an officials single decision C. holding that an agreement may be inferred entirely from circumstantial evidence D. holding that fraud may be inferred from circumstantial evidence E. holding that an unconstitutional policy may be inferred from an officials single decision or act

assistant: The best answer is E. holding that an unconstitutional policy may be inferred from an officials single decision or 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 legal provision and list the applicable contract clause categories. Provision: Except as modified by this Amendment, the Lease remains in full force and effect and is hereby ratified and affirmed by Landlord and Tenant. This Amendment evidences the entire agreement among the parties regarding the subject matter hereof. In the event of any conflict between the terms of the Lease and the terms of this Amendment, the terms of this Amendment shall govern and control.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All headings used in this Agreement are for reference purposes only and are not part of this Agreement. Neither this Agreement nor any Statement of Work will be construed in favor or against either Party by reason of the authorship of any provisions hereof.

assistant: Construction
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: we may review content to determine whether it is illegal or violates our policies , and we may remove or refuse to display content that we reasonably believe violates our policies or the law .

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: All notices hereunder will be in writing and sent by certified mail, hand delivery, overnight delivery or fax, if sent to Rodman, at the address set forth on the first page hereof, e-mail: notices@rodm.com, Attention: Head of Investment Banking, and if sent to the Company, to the address set forth on the first page hereof, fax number __________________ Attention: Chief Executive Officer. Notices sent by certified mail shall be deemed received five days thereafter, notices sent by hand delivery or overnight delivery shall be deemed received on the date of the relevant written record of receipt, and notices delivered by fax shall be deemed received as of the date and time printed thereon by the fax machine.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or that a decision will be made within a year. Tahoe, 122 S.Ct. at 1487 n. 31 (internal citation omitted). Boise argues that, due to the Court’s explicit analogy between permitting delays and moratoria, Tahoe mandates that their regulatory takings claims llowed not only by our court, but also by our sister circuits and the district courts. E.g., Adams v. United States, 255 F.3d 787, 794-95 (9th Cir.2001) (following Riverside Bayview to reject argument that mere imposition of a permitting'requirement, absent application for and denial of a permit, constitutes a taking); Gilbert v. City of Cambridge, 932 F.2d 51, 56 (1st Cir.1991) (same); Rybachek v. United States Envtl. Prot. Agency, 904 F.2d 1276, 1300 (9th Cir.1990) (same); United States v. Vogler, 859 F.2d 638, 642 (9th Cir.1988) (<HOLDING>); United States v. Moseley, 761 F.Supp. 90, 93 Options: A. holding that a claim for indemnification was not ripe where it arose under common law and distinguishing this holding from ac s in which the claim arose under contract and was thus ripe B. holding takings claim not ripe under riverside bayview because landowner never applied for a permit C. holding that no takings claim can arise unless a permit is denied D. holding that a plaintiffs takings claim was not ripe for review where the state court never explicitly reached the merits of their claim and no procedural bar existed to prevent review E. holding that takings claim does not ripen until a permit application is denied

assistant: The best answer is B. holding takings claim not ripe under riverside bayview because landowner never applied for a permit
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: “additional-insured coverage ... as ‘obliged.’ ” Id. at -, 2015 WL 674744 at *9 (majority opinion) (emphasis added). And the court appeared to treat the “where required” and “Insured Contract” provisions as functionally identical when it stated that “[t]he language in the insurance policies providing additional-insured coverage ‘where required’ and as ‘obliged’ requires us to consult the Drilling Contract’s additional-insured clause to determine whether the statéd conditions exist.” Id. at -, 2015 WL 674744 at *9. Finally, the court’s use of the word “moreover” when describing the effect of the “where required” provision suggests that the provision was an alternative ground for its holding. Cf. Wetzel v. Lambert, — U.S. -, 132 S.Ct. 1195, 1198 & n. *, 182 L.Ed.2d 35 (2012) (per curiam) (<HOLDING>). Our Erie guess, therefore, is that the Options: A. holding that the court of appeals erred in granting habeas corpus when it only addressed one of the state courts alternative grounds for rejecting a brady claim noting that the ground it addressed was introduced by the state court with the word moreover confirming that it was an alternative basis for its decision B. holding that review under 2254d1 is limited to the record before the state court that adjudicated the claim on the merits rejecting the petitioners claim that the federal habeas court could consider evidence introduced in an evidentiary hearing C. holding that the court of appeals in applying state law on appeal of a diversity action must apply law of the state as it existed at the time of its decision rather than as it stood at the time the case was decided in district court D. holding that an appellate court may affirm the result reached by a district court on alternative grounds E. holding that if the trial court would have had no discretion to deny summary judgment on an alternative ground the appellate court can on that alternative ground sustain the order granting summary judgment

assistant: The best answer is A. holding that the court of appeals erred in granting habeas corpus when it only addressed one of the state courts alternative grounds for rejecting a brady claim noting that the ground it addressed was introduced by the state court with the word moreover confirming that it was an alternative basis for its decision
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: in which, A, the sexual organ of [D.S.] penetrated or had union with the vagina of [appellant]. The court also instructed the jury that “It is not a defense that [D.S.] was willing to engage in these acts which would constitute sexual battery or consent to engage in such acts.” From the instructions, the jury could have concluded that D.S. could not “consent” to a sexual act even if he was the aggressor. Therefore, the jury could find appellant guilty even if she was raped. The defense instruction was necessary to clarify the instructions so that the jury was not misled by the standard instructions. A defendant is entitled to a self-defense instruction where the evidence supports a claim that the victim was the aggressor. See, e.g., Deveaugh v. State, 575 So.2d 1373 (Fla. 4th DCA 1991) (<HOLDING>). The instruction requested in this case is Options: A. holding that where use of reasonable nondeadly force causes death defendant entitled to instruction on selfdefense B. holding that expert testimony on what constitutes deadly physical force and whether the use of force was justified should have been excluded C. holding that instruction on justifiable use of nondeadly force was of the essence of appellants defense and clearly should have been given D. holding that an officer cannot use further nondeadly force against a restrained and subdued suspect E. holding that the erroneous use of an outdated jury instruction on the justifiable use of deadly force requiring the defendant to retreat if possible negated defendants claim of selfdefense and rose to the level of fundamental error

assistant: The best answer is C. holding that instruction on justifiable use of nondeadly force was of the essence of appellants defense and clearly should have been given
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 ABL Collateral Agent, the Term Loan Collateral Agent and each of the Claimholders, each agrees that each of them shall take such further action and shall execute and deliver such additional documents and instruments (in recordable form, if requested) as the ABL Collateral Agent or Term Loan Collateral Agent may reasonably request to effectuate the terms of and the Lien priorities contemplated by this Agreement. Without limiting the generality of the foregoing, all such Persons agree upon request by ABL Collateral Agent or Term Loan Collateral Agent, to cooperate in good faith (and to direct their counsel to cooperate in good faith) from time to time in order to determine the specific items included in the ABL First Lien Collateral or Term Loan First Lien Collateral, as applicable, and the steps taken to perfect their respective Liens thereon and the identity of the respective parties obligated under the ABL Loan Documents and the Term Loan Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower hereby acknowledges the rights and remedies of Lender set forth in Section 9.1, including but not limited to, Lender’s ability to occupy Borrower’s premises and operate Borrower’s business. Borrower hereby waives any cause of action it may have against Lender arising in connection with the exercise by Lender of such rights and remedies, except for causes of action arising from Lender’s gross negligence or willful misconduct.

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: The Option may be exercised only by Participant (or other proper party in the event of death or Disability), subject to the conditions of the Plan and subject to such other administrative rules as the Administrator may deem advisable, by delivering to the Company at its principal office within the option period the Notice of Option Exercise attached hereto as Attachment III (the “Notice of Exercise”) or following the procedures for exercise established by the Administrator. The Notice of Exercise shall be signed by Participant and shall state the number of shares as to which the Option is being exercised. Any exercise shall be accompanied by payment in full of the Exercise Price and any required tax withholding for all Options designated in the Notice of Exercise. The exercise of the Option shall be deemed effective upon receipt of such Notice of Exercise by the Company and upon payment that complies with the terms of the Plan and this Agreement. The Option may be exercised with respect to any number or all of the shares as to which it can then be exercised and, if partially exercised, may be so exercised as to the unexercised portion at any number of times during the option period as provided herein, provided, however, that this Option may not be exercised for a fraction of a share of Common Stock.

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: Borrower hereby agrees from time to time, as and when requested by the Agent or any Lender, to execute and deliver or cause to be executed and delivered, all such documents, instruments and agreements and to take or cause to be taken such further or other action as the Agent or such Lender may reasonably deem necessary or desirable in order to carry out the intent and purposes of this Amendment, the Loan Agreement, and the Loan Documents.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: have always inquired into the activities of the organization and its purposes. See, e.g., Grace & Peace Fellowship Church, Inc. v. Cr er the two former parish properties are entitled to tax exemption are: (1) may a court inquire into the nature of religious use of otherwise qualified property; (2) once any religious use is established, does the religious organization need to establish a certain level, amount, or quantum of use to qualify for the exemption; (3) is the storage of religious artifacts and other church property a religious use; and (4) does the leasing of property to the East Orange Board of Education void a tax exemption to which the property is otherwise entitled because it is “actually and exclusively used in the work of [an] assoc 0 Ohio App.3d 196, 461 N.E.2d 19 (1983) (<HOLDING>); In re Open Door Baptist Church, 63 Pa.Cmwlth. Options: A. holding that irs examination of corporate minute books of a church to determine whether it qualified for tax exemption was not unconstitutional interference with religious affairs of the church under the first amendment B. holding that tax exemption for church property does not violate establishment clause C. holding that requiring church to make contributions to workers compensation fund opposed by such church did not violate first amendment D. holding that denial of tax exemption for part of church property that was not necessary for occupancy and enjoyment of church did not violate first amendment E. holding that denial of tax exemption for vacant lot held by church for no current purpose or any future exempt purpose did not violate first amendment

assistant: The best answer is E. holding that denial of tax exemption for vacant lot held by church for no current purpose or any future exempt purpose did not violate first amendment
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: 172, 30 N.E.2d 369 (1940) (applying the “general concept” that the distinction between an employee and an independent contractor turns on “the right of control over the [worker] in respect of the manner in which his work is to be done”); see also Restatement (SeCOnd) of Agency § 220(1) cmt. d (1958) (stating that “control or right to control the physical conduct of the person giving service is important and in many situations is determinative” of whether that person is an employee or independent contractor); Warren A. Seavy, Agenoy § 84, at 142 (1964) (observing that “the right to control the physical movements of the employee is [typically] the most important single element”); cf. Tieberg v. Unemployment Ins. Appeals Bd., 2 Cal.3d 943, 88 Cal.Rptr. 175, 471 P.2d 975, 980, 982 (1970) (<HOLDING>). B. The District Court’s determination as to Options: A. holding that a general contractors right to forbid the work from being performed in a dangerous manner and the fact that he would have stopped the work and required protective equipment had he seen the employee of the independent contractor not using such equipment merely showed the possibility of control not actual control B. holding a defendant is liable as a control person if the defendant had the power to control the general affairs of the entity primarily liable at the time the entity violated the securities laws but declining to decide whether power to control means simply abstract power to control or actual exercise of the power to control internal quotations omitted C. holding that the right to control the means by which the work is accomplished is clearly the most significant test of the employment relationship and observing that many of the other factors enumerated in the restatement second are merely evidentiary indicia of the right to control D. holding that defendant was not an agent because alleged principal did not control means by which the defendants accomplished their duties E. holding that the right to control is measured by considering 1 the independent nature of the workers business 2 the workers obligation to furnish necessary tools supplies and materials to perform the job 3 the workers right to control the progress of the work except as to the final results 4 the time for which the worker is employed and 5 the method of payment whether by unit of time or by the job

assistant: The best answer is C. holding that the right to control the means by which the work is accomplished is clearly the most significant test of the employment relationship and observing that many of the other factors enumerated in the restatement second are merely evidentiary indicia of the right to 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: Read the legal provision and list the applicable contract clause categories. Provision: Directly or indirectly use the proceeds of the Loans or otherwise make available such proceeds to any Person, for the purpose of financing the activities or business of or with any Person or in any country or territory that at such time is the subject of any Sanctions, or for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of any Anti-Corruption Law.

assistant: Anti-Corruption 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: This Agreement shall be governed by and construed in accordance with the laws of the State of New York. The provisions of Sections 3, 8 (including with respect to breaches of Section 4, 5, 6, 9, or 10 and this Section 15 shall survive termination of this Agreement. If any provision of this Agreement is or should become inconsistent with any present or future law, rule, or regulation of any governmental or regulatory authority having jurisdiction over the subject matter of this Agreement, such provision shall be deemed rescinded or modified in accordance with any such law, rule or regulation. In all other respects, this Agreement shall continue and remain in full force and effect.

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: At any time or from time to time upon the request of the Lender, each Credit Party will, at its expense, promptly execute, acknowledge and deliver such further documents and do such other acts and things as the Lender may reasonably request in order to effect fully the purposes of the Transaction Documents. In furtherance and not in limitation of the foregoing, each Credit Party shall take such actions as the Lender may reasonably request from time to time to ensure that the Obligations are guaranteed by all Subsidiaries of the Borrower and secured by substantially all of the assets of the Credit Parties and their Subsidiaries.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Transferor agrees to reimburse the Agent and the Lender as and when billed by the Agent or the Lender for all of such Person’s reasonable and documented out-of-pocket costs and expenses incurred in connection with the enforcement of, or the preservation of the rights of such Person under, this Agreement, the Note or any transaction contemplated hereby or thereby, including without limitation the reasonable and documented out-of-pocket fees and expenses of its counsel; provided that the Transferor shall not be obligated to reimburse the Agent or the Lender under this Section for any such costs or expenses that exceed, in the aggregate, $50,000.

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: This Agreement is for the benefit of the Lender and the Lender's successors and assigns; and in the event that the Lender shall assign, indorse, sell, transfer, or hypothecate to any person, firm, or corporation all or any portion of its rights hereunder, such assignment or transfer to that extent automatically shall constitute an assignment and transfer of this Agreement and of the rights given to the Lender hereunder, and the assignee, indorsee, transferee or successor of the Lender shall have, jointly with the Lender, all of the rights and privileges given to the Lender by the terms hereof. The Pledgors shall have no right to assign any of its rights or delegate any of its duties hereunder without the prior written consent of the Lender.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Obligors have disclosed to the Lenders all agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. None of the reports, financial statements, certificates or other information furnished by or on behalf of the Obligors to the Lender in connection with the negotiation of this Agreement and the other Loan Documents (including the information set forth in the Confidential Information Memorandum) or delivered hereunder or thereunder (as modified or supplemented by other information so furnished) contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that, with respect to projected financial information, the Borrower and the Holding Company represent only that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

assistant: Disclosures