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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower has furnished to each Lender (a) the Audited Financial Statements and (b) the Interim Financial Statements. Such financial statements fairly present the consolidated financial condition of the Borrower and its Subsidiaries as of such dates and the consolidated results of operations for such periods in conformity with GAAP consistently applied, subject to year end audit adjustments and the absence of footnotes in the case of the statements referred to in clause (b) . The financial statements delivered pursuant to Section 5.1(a) and (b) have been prepared in accordance with GAAP and present fairly (on the basis disclosed in the footnotes to such financial statements) the consolidated financial condition, results of operations and cash flows of the Borrower and its Subsidiaries as of the dates thereof and for the periods covered thereby. Since the date of the Audited Financial Statements, there have been no changes with respect to the Borrower and its Subsidiaries which have had or could reasonably be expected to have, singly or in the aggregate, a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in the SEC Reports, none of the officers or directors of the Company or any Subsidiary and, to the knowledge of the Company, none of the employees of the Company or any Subsidiary is presently a party to any transaction with the Company or any Subsidiary (other than for services as employees, officers and directors), including any contract, agreement or other arrangement providing for the furnishing of services to or by, providing for rental of real or personal property to or from, providing for the borrowing of money from or lending of money to or otherwise requiring payments to or from any officer, director or such employee or, to the knowledge of the Company, any entity in which any officer, director, or any such employee has a substantial interest or is an officer, director, trustee, stockholder, member or partner, in each case in excess of $120,000 other than for: (i) payment of salary or consulting fees for services rendered, (ii) reimbursement for expenses incurred on behalf of the Company and (iii) other employee benefits, including stock option or other equity award agreements under any equity incentive plan of the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: guilty beyond a reasonable doubt do not so circumscribe a sentencing court). It is “well established that a sentencing judge may take into account facts introduced at trial relating to other charges, even ones of which the defendant has been acquitted.” United States v. Watts, 519 U.S. 148, 117 S.Ct. 633, 136 L.Ed.2d 554 (1997) (per curiam) (quoted source omitted, emphasis added); see also State v. Marhal, 172 Wis.2d 491, 501-503, 493 N.W.2d 758 (Ct.App.1992) (“Information upon which a trial court bases a sentencing decision, as opposed to a finding of guilt, need not, of course, be established beyond a reasonable doubt.” Thus, “a sentencing court may consider conduct for which the defendant has been acquitted.”); State v. Bobbitt, 178 Wis.2d 11, 16-18, 503 N.W.2d 11 (Ct.App.1993) (<HOLDING>). (Answer Ex. E ¶ 53-54 (internal citations Options: A. recognizing rule B. recognizing continued validity of rule barring adjudication of a foreign tax suit C. recognizing the validity of the product rale D. recognizing validity of state antidiscrimination provisions E. recognizing validity of rule stated in marhal

assistant: The best answer is E. recognizing validity of rule stated in marhal
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 dismissal’s effect had it not been withdrawn. 6 . We rule here only that the power of the trial court to rescind an order of dismissal continues “at least” until entry of the order on the docket. That is all that is needed to dispose of this appeal. After formal entry of an order of any type, a trial court's jurisdiction over the matter and power to rescind or amend the order may be governed by application of this jurisdiction’s procedural rules and case law. See generally Clement v. District of Columbia Dep't of Human Servs., 629 A.2d 1215 (D.C. 1993). 7 . We note further that our decision today is in accord with the decisions of several other jurisdictions that have considered the present issue. See, e.g., Arizona v. Johnson, 113 Ariz. 506, 557 P.2d 1063, 1066 (1976) (en banc) (<HOLDING>) (quoting Belcher v. Superior Court, 105 Ariz. Options: A. holding that the trial court did not abuse its discretion in determining that a tenmonth delay in filing a dismissal motion was reasonable B. holding that a trial court does not lose jurisdiction in a matter by ordering its dismissal before jeopardy has attached unless there is an abuse of discretion in vacating the order of dismissal and reinstating the case for trial C. holding that the trial court did not abuse its discretion by ordering a separate trial for the counterclaims where the convenience of the parties would be served D. holding that the trial court did not abuse its discretion in ordering a new trial based on a 250000 award for a mental distress claim E. holding that in considering dismissal of an appeal the court should exercise discretion to determine whether dismissal is appropriate in the circumstances presented by the case

assistant: The best answer is B. holding that a trial court does not lose jurisdiction in a matter by ordering its dismissal before jeopardy has attached unless there is an abuse of discretion in vacating the order of dismissal and reinstating the case for trial
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: entry and search of appellant’s home was justified by exigent circumstances or that it was consensual. In any event, even if these arguments were preserved, the warrantless entry of appellant's apartment was plainly not consensual, and we cannot deem it justified by exigent circumstances. See Dorman v. United States, 435 F.2d 385, 391-93 (D.C.Cir.1970) (en banc) (noting several factors — absent in this case— establishing sufficient exigency to justify war-rantless entry of a home, including whether "a grave offense is involved, particularly one that is a crime of violence,” a suspect is "reasonably believed to be armed,” and there is “a likelihood that the suspect will escape if not swiftly apprehended”). 23 . Payton v. New York, 445 U.S. 573, 590, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980) (<HOLDING>). 24 . See, e.g., Kirk v. Louisiana, 536 U.S. Options: A. holding that absent exigent circumstances an arrest within the home can only be effectuated with a warrant probable cause is insufficient B. holding that absent consent or exigent circumstances law enforcement officers cannot legally search for the subject of an arrest warrant in the home of a third party without first obtaining a search warrant C. holding that in the absence of consent or exigent circumstances a law enforcement officer must procure a search warrant before searehing for the subject of an arrest warrant in the home of a third party D. holding that absent exigent circumstances the fourth amendment prohibits warrantless nonconsensual entry into a suspects home in order to make a felony arrest notwithstanding the existence of probable cause to arrest E. holding that in die absence of exigent circumstances the mere existence of probable cause does not justify a nonconsensual entry by police into a home without an arrest or search warrant

assistant: The best answer is E. holding that in die absence of exigent circumstances the mere existence of probable cause does not justify a nonconsensual entry by police into a home without an arrest or search warrant
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: v. Arambular-Ruiz, 987 F.2d 599, 602 (9th Cir.1993) (evaluating admissibility under Rule 404(b) for materiality, similarity, sufficiency, and proximity of the prior act evidence to the offense now charged). Evidence that sheds light on Dhingra’s purpose in contacting the victim is material, as his intent in communicating with a minor is an essential element of criminal liability under § 2422(b). Further, the testimony of a single witness, as present in this case, satisfies the low-threshold test of sufficient evidence for the purposes of Rule 404(b). See United States v. Hinton, 31 F.3d 817, 823 (9th Cir.1994). Also, the testimony, which recalled events that occurred three years prior, was sufficiently close in time. Cf. United States v. Johnson, 132 F.3d 1279, 1283 (9th Cir.1997) (<HOLDING>). Significantly, the evidence described Options: A. holding that thirteen years since a prior bad act was not too remote in time B. holding that thirteen business trips of short duration over eighteen months was not continuous and systematic solicitation of business in the state to justify general jurisdiction C. holding that a local commission had not failed to act on an application within time limit set by state law and consequently had not failed to act within a reasonable time under telecommunications act D. holding that a bad faith claim is a tort E. holding that bad faith handling of an insureds claim fell within the act

assistant: The best answer is A. holding that thirteen years since a prior bad act was not too remote in time
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled ; and

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the twitter entities shall not be liable for any indirect , incidental , special , consequential or punitive damages , or any loss of profits or revenues , whether incurred directly or indirectly , or any loss of data , use , good-will , or other intangible losses , resulting from ( i ) your access to or use of or inability to access or use the services ; ( ii ) any conduct or content of any third party on the services , including without limitation , any defamatory , offensive or illegal conduct of other users or third parties ; ( iii ) any content obtained from the services ; or ( iv ) unauthorized access , use or alteration of your transmissions or content .

assistant: Limitation of liability
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 representations and warranties of the Parties set forth in Section 6.1(a) through (e) and 7.1(a) through (e) (collectively, the “ Fundamental Reps ”), together with all of the covenants of the Parties contained herein, shall survive the Closing indefinitely. The representations and warranties of Seller set forth in Section 6.1(h) , to the extent pertaining to Environmental Laws, shall terminate at Closing, and the remaining representations and warranties of the Parties set forth in this Agreement shall expire and terminate on the date that is nine (9) months after the Closing Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Loan Parties will, and will cause its Restricted Subsidiaries to, maintain insurance issued by financially sound and reputable insurance companies with respect to its properties and business in such amounts and against such risks as is usually carried by owners of similar businesses and properties in the same general areas in which such Loan Party or Restricted Subsidiary operates. Each of the Loan Parties will, and will cause its Restricted Subsidiaries to, require that each insurance policy on its assets and properties name the Administrative Agent, as administrative agent for the Secured Parties, as additional insured and loss payee to the extent of the Obligations. The Company will furnish (or cause to be furnished) to any Lender, upon the request of such Lender from time to time, full information as to the insurance maintained in accordance with this Section 7.03 .

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: if a parent does not consent to a child 's access to and use of the services or does not verify the parent 's consent through the consent process , niantic will bar that child 's registration for an account , prevent the child 's access to and use of the services , and ensure that such child 's information is not accessible through the services .

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 and the Plan contain the entire agreement and understanding of the parties hereto with respect to the subject matter contained herein and supersede all prior communications, representations and negotiations in respect thereto, except as set forth in Section 8 hereof. No change, modification or waiver of any provision of this Agreement shall be valid unless the same be in writing and signed by the parties hereto, except for any changes permitted without consent under Section 12 or 14 of the Plan.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: effect, particularly as similar evidence was admitted without objection or claim of error. Point two is denied. Conclusion The trial court’s judgment is affirmed. All concur. 1 . We view the evidence in the light most favorable to the verdict. State v. Guinan, 665 S.W.2d 325, 327 (Mo. banc 1984). 2 . The testimony had been cleansed of any references that might suggest it had been taken from Williams during a prior trial. The testimony was referred to as having been taken in a "prior proceeding.” 3 . The ability to use a defendant's prior voluntary testimony in a subsequent proceeding as an admission must be distinguished, however, from the ability to compel a defendant to testify in a subsequent proceeding. State ex rel. Imboden v. Romines, 760 S.W.2d 130, 134 (Mo.App. E.D.1988) (<HOLDING>). " ‘It is settled by the overwhelming weight Options: A. holding that where a witness who testifies under oath and is subject to crossexamination in a prior state court proceeding explicitly refuses to answer the same questions at trial the refusal to answer is inconsistent with his prior testimony B. holding that a workers compensation proceeding is a legal proceeding C. holding that a witness who testifies in one proceeding may not be compelled to give further testimony in a different proceeding D. holding that it is elementary that one may not be a witness and a judge in the same proceeding and remanding for a new hearing with a different judge punctuation omitted E. holding that misleading testimony regarding the purpose of a proceeding did not warrant inquiry into the result of the proceeding

assistant: The best answer is C. holding that a witness who testifies in one proceeding may not be compelled to give further testimony in a different proceeding
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 disputes between or among any Persons arising out of or in any way connected with the Plan, this Agreement or the RSUs shall be solely and finally settled by the Committee, acting in good faith, the determination of which shall be final. Any matters not covered by the preceding sentence shall be solely and finally settled in accordance with the Plan, and the Participant and the Company consent to the personal jurisdiction of the United States federal and state courts sitting in Wilmington, Delaware, as the exclusive jurisdiction with respect to matters arising out of or related to the enforcement of the Committee’s determinations and resolution of matters, if any, related to the Plan or this Agreement not required to be resolved by the Committee. Each such Person hereby irrevocably consents to the service of process of any of the aforementioned courts in any such suit, action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to the last known address of such Person, such service to become effective ten (10) days after such mailing.

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 case excerpt and choose the best holding from the options. Case excerpt: allege two distinct violations of their Fourth Amendment rights: (1) an unlawful intrusion into their home, and (2) an unlawful seizure of the Children. Plaintiffs base these claims on their allegations that Clinton (joined by an armed officer) entered Parents’ home “without a warrant, the consent of anyone at the home, or any exigent circumstances,” and, upon entering, coerced Parents into removing the Children for the course of BCCYS’s investigation. Am. Compl. ¶ 21. The Supreme Court has stated that the “physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed.” Payton v. New York, 445 U.S. 573, 585-86, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980); see also Hudson v. Michigan, 547 U.S. 586, 592, 126 S.Ct. 2159, 165 L.Ed.2d 56 (2006) (<HOLDING>). Further, courts have held that the coerced Options: A. holding that a police officers illegal manner of entry into ones home is a constitutional violation albeit not one that triggers the exclusionary rule B. holding that officers request for defendants name during an illegal entry constituted exploitation of the illegal entry under hall C. holding that a violation of 6103 does not require the application of the exclusionary rule D. holding a statutory violation insufficient to justify imposition of the exclusionary rule absent an underlying constitutional violation or right E. holding that one of the purposes of the exclusionary rule is to ensure police officers carefully review warrants

assistant: The best answer is A. holding that a police officers illegal manner of entry into ones home is a constitutional violation albeit not one that triggers the exclusionary rule
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the proviso in clause (ii) of Section 3.01(a) , each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Financing Agreement, agrees that, unless and until the Discharge of First Lien Credit Agreement Obligations has occurred, it will not commence, or join with any Person (other than the Senior Secured Parties and the Senior Representatives upon the request of the Designated Senior Representative) in commencing, any enforcement, collection, execution, levy or foreclosure action or proceeding with respect to any Lien held by it in the Shared Collateral under any of the Second Priority Debt Documents or otherwise in respect of the Second Priority Debt.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions set forth herein, the Company may request any Issuing Bank to issue Letters of Credit (or to amend, renew or extend outstanding Letters of Credit) denominated in dollars, for its own account or, so long as the Company is a joint and several co-applicant with respect thereto, for the account of any Subsidiary, in a form reasonably acceptable to the Administrative Agent and the applicable Issuing Bank, at any time and from time to time during the Availability Period (but in any event not after the latest expiration date specified in Section 2.05(c) ). In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by the Company to, or entered into by the Company with, any Issuing Bank relating to any Letter of Credit, the terms and conditions of this Agreement shall control. The Company unconditionally and irrevocably agrees that, in connection with any Letter of Credit issued for the account of any Subsidiary as provided in the first sentence of this paragraph or any Existing Letter of Credit issued for the account of any Subsidiary, the Company will be fully responsible for the reimbursement of LC Disbursements, the payment of interest thereon and the payment of fees due under Section 2.11(c) to the same extent as if it were the sole account party in respect of such Letter of Credit (the Company hereby irrevocably waiving, to the extent permitted by applicable law, any defenses that might otherwise be available to it as a guarantor of the obligations of any Subsidiary that shall be an account party in respect of any such Letter of Credit). This Section 2.05 shall not be construed to impose an obligation upon any Issuing Bank to issue any Letter of Credit if any order, judgment or decree of any Governmental Authority shall by its terms purport to enjoin or restrain such Issuing Bank from issuing such Letter of Credit, or any law applicable to such Issuing Bank or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over such Issuing Bank shall prohibit, or request that such Issuing Bank refrain from, the issuance of letters of credit generally or such Letter of Credit in particular. The issuance of Letters of Credit by any Issuing Bank shall be subject to the customary procedures of such Issuing Bank. No Issuing Bank shall be required to issue (but if requested as set forth above, may issue) trade or commercial Letters of Credit.

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: If any term or provision of this Agreement shall, to any extent, be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to Persons or circumstances other than those as to which it has been held invalid or unenforceable, shall not be affected thereby and this Agreement shall be deemed severable and shall be enforced otherwise to the full extent permitted by law; provided, however , that such enforcement does not deprive any Party hereto of the benefit of the bargain.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: all of our rights and obligations under this statement are freely assignable by us in connection with a merger , acquisition , or sale of assets , or by operation of law or otherwise .

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 AMENDMENT AND THE EXISTING CREDIT AGREEMENT (AS AMENDED BY THIS AMENDMENT) AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower will not enter into, or permit to exist, and will not permit any Subsidiary to enter into or permit to exist, any transaction, arrangement or contract (including any lease or other rental agreement) with any of its Affiliates which is on terms which are less favorable than are obtainable from any Person who is not an Affiliate of Borrower or such Subsidiary.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No failure by any Lender to exercise any right, remedy, or option under this Agreement or any other Loan Document, or delay by any Lender in exercising the same, will operate as a waiver thereof. No waiver by any Lender will be effective unless it is in writing, and then only to the extent specifically stated. No waiver by any Lender on any occasion shall affect or diminish each Lender’s rights thereafter to require strict performance by Loan Party of any provision of this Agreement. Each Lender’s rights under this Agreement and the other Loan Documents will be cumulative and not exclusive of any other right or remedy that any Lender may have.

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: Without granting any right or license, the Disclosing Party agrees that the foregoing clauses (a), (b) and (c) shall not apply with respect to any information that (iv) was or is independently developed without use of any Proprietary Information of the Disclosing Party.

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 legal provision and list the applicable contract clause categories. Provision: The Parent and the Company each will not, and will not permit any Material Subsidiary or any other Loan Party to, sell, lease or otherwise transfer any property or assets to, or purchase, lease or otherwise acquire any property or assets from, or otherwise engage in any other transactions with, any of its Affiliates, except (a) in the ordinary course of business on terms and conditions that are reasonable and fair and no less favorable to the Parent, the Company or such Material Subsidiary or any other Loan Party than could be obtained on an arm’s-length basis from unrelated third parties and (b) transactions between or among the Group members.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company will pay Executive during the Term an annual Base Salary of two hundred forty thousand dollars per year ($240,000.00 per year), which may be adjusted from time to time by the independent members of the Board of Directors or Compensation Committee of the Board of Directors, if any.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the statutorily created parameters of review, courts have recognized that ... arbitration decisions are reviewable for possible due process violations,” Goff, 276 F.3d at 997, and violations of “well-defined and dominant public policies.” Union Pac. R.R. Co. v. United Transp. Union, 3 F.3d 255, 258 (8th Cir. 1993). III. Sullivan claims a violation of “industrial due process,” arguing “[t]he Award allows Endeavor to terminate Sullivan without proper notice as to the quality of conduct for which he could be subject to termination.” Although “arbitration decisions are reviewable for possible due process violations,” review is limited to the procedural due process afforded by the arbitration itself, not alleged due process in the underlying action challenged. Goff, 276 F.3d at 997 (<HOLDING>), quoting 45 U.S.C. § 153 First (i), (j) Options: A. holding that due process requires that the findings and actions of a disciplinary prison board be supported by some evidence in the record B. holding due process requires that 1 the board be presented with a full statement of the facts and all supporting data bearing upon the disputes and 2 the parties may be heard either in person by counsel or by other representatives and the board shall give due notice of all hearings to the employee C. holding that due process requires that notice be reasonably calculated under all circumstances to provide parties with notice of the pending action D. holding that a notice recommending termination of an employee to the board without notice to the employee of employees right to attend and dispute the claims violated due process E. holding that taxpayer could not have presented substantive due process claim to the board of assessment review because of the limited jurisdiction of that board

assistant: The best answer is B. holding due process requires that 1 the board be presented with a full statement of the facts and all supporting data bearing upon the disputes and 2 the parties may be heard either in person by counsel or by other representatives and the board shall give due notice of all hearings to the employee
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 Borrower hereby waives presentment and demand for payment, notice of dishonor, protest and notice of protest of this Note, and will pay all costs of collection when incurred by or on behalf of the Lender, including, without limitation, reasonable attorneys’ fees, costs and other expenses.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: when Judge Welch refused to compel the victim to testily at the hearing on Petitioner’s motion for new trial. In short, Petitioner has not proven that he is being confined in violation of his rights under the Constitution of the United States. For these reasons, the court recommends that Petitioner’s request for a writ of habeas corpus be DENIED. 1 . Petitioner filed his petition for a writ of habeas corpus on September 2, 1997, well after the April 24, 1996 effective date of the AEDPA. Hence, Petitioner's petition is reviewed under the standards set forth therein. See Vasquez v. DiPaolo, No. Civ. 96-12261-PBS, 1998 WL 428012 at *1 n. 1 (D.Mass. July 23, 1998); Restrepo v. Dipaolo, 1 F.Supp.2d 103, 105 n. 1 (1998). See generally Martin v. Bissonette, 118 F.3d 871, 874 (1st Cir.1997) (<HOLDING>). 2 . The parties are advised that under the Options: A. holding that aedpa is not applied retroactively to pending habeas petitions B. holding that aedpa amendments to 2254 apply only to such cases as were filed after the statutes enactment C. recognizing that aedpa would not apply to a habeas petition that was pending at the time of its enactment D. holding that congress intended the courts to apply the civil rights act of 1991 to cases pending at the time of its enactment and to preact conduct still open to challenge after that time E. holding that the limitations period is not tolled while a federal habeas petition is pending

assistant: The best answer is C. recognizing that aedpa would not apply to a habeas petition that was pending at the time of its enactment
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, but with, subject to the proviso to the fourth sentence of the immediately succeeding paragraph, prior written notice to, the Borrower and the Administrative Agent, sell participations to any Person (other than a natural person, a Defaulting Lender or a Credit Party or any of the Credit Parties’ 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 Commitment and/or the Loans (including such Lender’s participations in L/C Obligations, Swing Line Loans and/or Alternative Currency Risk Participations) 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 Credit Parties, the Administrative Agent, the Lenders and the L/C Issuers shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: There is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “ Action ”) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Securities or (ii) could, if there were an unfavorable decision, have or reasonably be expected to result, individually or in the aggregate, in a Material Adverse Effect. Neither the Company nor any Subsidiary any director or officer thereof (in his or her capacity as such), is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer of the Company (in his or her capacity as such). The Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Plan will be effective as of April 29, 2008 (the “Effective Date”), the date of its adoption by the Board, provided that the stockholders of the Corporation thereafter approve it at a duly held stockholders’ meeting. If the Plan is not so approved by stockholders, the Plan (and any Award granted under the Plan) will be null, void and of no force or effect. If so approved, the Plan will remain in effect until the earliest of the date (i) all shares authorized to be issued or transferred hereunder have been issued or transferred (ii) the Plan is terminated by the Board of Directors, or (iii) the tenth anniversary of the Effective Date, and will continue in effect thereafter with respect to any Awards outstanding at the time of such termination. In no event will an Incentive Stock Option be granted under the Plan more than ten (10) years from the date the Plan is adopted by the Board, or the date the Plan is approved by the Corporation’s stockholders, whichever is earlier, unless within such ten year period stockholders approve an increase in the number of shares available for grants under the Plan, in which case more than ten (10) years from the last date on which the stockholders so approve any such increase.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: There shall not have been commenced by or before any Governmental Authority and still be pending any Proceeding that seeks to prevent (i) the consummation of the Transactions on the terms, or (ii) the transfer to Purchaser all of the respective rights and benefits, contemplated herein.

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 case excerpt and choose the best holding from the options. Case excerpt: forth the exceptions). Consistent with Illinois law, the Rules and Regulations of the Chicago Police Department—which Anderson himself invokes as definitive of “the authorized time and space limits” 'of Moussa’s employment, Doc. 53 at 5—make clear that officers are tasked with “respond[ing] to ... law enforcement needs in different parts of the City,” and “protecting] ... life, limb and property in the City of Chicago.” Rules and Regulations of the Chicago Police Department (“CPD Regulations”) at I.B.9 and II.A (Doc. 53-1 at 5, 7) (emphases added). The fact that Moussa was operating outside both the time and the place limits of his employment suffices, standing alone, to establish that he was not acting within the scope of his employment. See Adames, 330 Ill.Dec. 720, 909 N.E.2d at 757 (<HOLDING>). But Anderson also has not satisfied the third Options: A. holding that the failure to satisfy the time and spacelimits criterion forecloses a finding that an employee acted within the scope of his employment B. holding that the inquiry into whether an employee was acting within the scope of his employment depends on the respondeat superior law of the state in which the tort occurred C. holding that whether the tortious act was committed during the time the employee was on duty and whether the tortious act was committed while the employee was on the employers premises were both factors weighing in favor of finding the activity within the scope of employment D. holding that issues of fact precluded summary judgment on the question of whether an employee was acting within the course and scope of his employment for purposes of insurance coverage when the employee was simply sitting in his vehicle in his employers parking lot waiting for the business to open at the time the accident occurred E. holding that an injury is not within the scope of employment after the employee has left work unless the injury was caused by the employers negligence

assistant: The best answer is A. holding that the failure to satisfy the time and spacelimits criterion forecloses a finding that an employee acted within the scope of his employment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Following the completion of a Plan’s applicable Performance Period, the Committee, or its designee, shall certify a Participant’s Individual Performance and/or the level of attainment of the Performance Measure(s) for the Performance Period. Any incentive compensation payable under a Plan shall be paid to a Participant in cash at a time, manner, and form determined in the sole and exclusive election of the Committee, but no later than two and one-half months after the end of the fiscal year in which a Plan’s applicable Performance Period ends. If any Participant eligible to receive a distribution under a Plan is also a participant in the Savings Plan or the Mirror Savings Plan and has elected to defer receipt of any incentive compensation received under a Plan to the Savings Plan or the Mirror Savings Plan then the incentive compensation payable to the Participant under the terms of the Plan shall be reduced by any such deferral under the Savings Plan or the Mirror Savings Plan.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the court applied the correct law. See Wilson v. Rose Printing Co., Inc., 624 So.2d 257 (Fla.1993); Fleet Servs. Corp. v. Reise, 857 So.2d 273 (Fla. 2d DCA 2003). On secondtier review, this court cannot conduct a de novo review of the record, and thus does not review the application of the correct law to the facts. See Broward County v. G.B.V. Int’l, Ltd., 787 So.2d 838, 845 (Fla.2001); see also Miami-Dade County v. Omnipoint Holdings, Inc., 863 So.2d 195, 199 (Fla.2003) (“The district court may not review the record to determine whether the underlying ... decision is supported by competent, substantial evidence.”) (citing Fla. Power & Light Co. v. City of Dania, 761 So.2d 1089, 1093 (Fla.2000)); Dusseau v. Metro. Dade County Bd. of County Comm’rs, 794 So.2d 1270, 1275-76 (Fla.2001) (<HOLDING>). WARNER, POLEN and GROSS, JJ., Options: A. holding that the district court erred in not making an inequitable conduct determination prior to ruling on the exceptional case issue B. holding the district court erred by reviewing the evidence and making an evidentiary ruling on secondtier review C. holding that a party waives an objection by failing to request a ruling on the admissibility of the evidence before the district court D. holding that district court erred in ruling that a particular item of evidence must be admitted in the arbitral proceeding E. holding that appellate court reviewing trial courts habeas corpus ruling must review record evidence in light most favorable to ruling and uphold ruling absent abuse of discretion

assistant: The best answer is B. holding the district court erred by reviewing the evidence and making an evidentiary ruling on secondtier review
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: Indemnitors shall exonerate, indemnify and save Company harmless from and against all Loss. An itemized, sworn statement by an employee of Company, or other evidence of payment, shall be prima facie evidence of the propriety, amount and existence of Indemnitors’ liability. Amounts due to Company shall be payable upon demand.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Because the Tucker Act “does not confer any substantive rights upon a plaintiff,” a plaintiff also “must establish an independent substantive right to money damages from the United States-that is, a money-mandating source within a contract, regulation, statute or Constitutional provision-in order for the case to proceed.” Volk v. United States, 111 Fed.Cl. 313, 323 (2013) (citing Jan’s Helicopter Serv., Inc. v. FAA, 525 F.3d 1299, 1306 (Fed. Cir. 2008)). In this action, plaintiff asserts that he is entitled to military disability pay pursuant to 10 U.S.C. §§ 1201 and 1203. Compl. ¶¶ 29-34; 10 U.S.C. §§ 1201, 1203 (2012). The Federal Circuit has recognized that Sections 1201 and 1203 are money-mandating sources of law. Chambers v. United States, 417 F.3d 1218, 1222 (Fed. Cir. 2005) (<HOLDING>); cf. Doe v. United States, No. 08-246C, 2009 Options: A. holding that 37 usc 204 is moneymandating B. holding that 10 usc 1201 is a moneymandating statute C. holding that the statute is mandatory D. holding section 10 of faa is procedural and does not preempt state common law E. holding that a state is not a person under 42 usc 1983

assistant: The best answer is B. holding that 10 usc 1201 is a moneymandating statute
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: her conduct suggests that she may pose a substantial threat of reoffending if set free.”). This also raises another important distinction between this case and White. The White court focused on the non-violent nature of White’s crime as a reason for a lessened governmental interest. See id. (“Not every serious crime is equally serious. The nature of White’s crimes lessens the government’s interest in prosecuting her because her alleged crimes were nonviolent offenses.”). While we recognize Nieklas’s crime involved sending threatening letters and faxes, which Nicklas may argue are non-violent acts, we note this court has previously held the crime of mailing threatening communications to be a crime of violence. See, e.g., United States v. Left Hand Bull, 901 F.2d 647, 649 (8th Cir.1990) (<HOLDING>). Assuming, without deciding, that the White Options: A. holding mailing a threatening letter was a crime of violence for the purposes of ussg 4b11 B. holding that robbery is a crime of violence for purposes of habitualoffender sentencing C. holding that a guilty plea for which the defendant received a deferred adjudication counted as a conviction under federal law for purposes of ussg 4b11 D. holding that 215 is categorically a crime of violence for purposes of ussg 2l12 E. holding morevstat 569055 qualifies as a crime of violence for purposes of ussg 4b12a

assistant: The best answer is A. holding mailing a threatening letter was a crime of violence for the purposes of ussg 4b11