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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: accordingly , and for the avoidance of doubt , you are solely responsible for obtaining any necessary rights , clearances , permissions or authorizations to modify , change or adopt any third party content in user videos or broadcast content .

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 disclosure furnished by or on behalf of the Company to the Subscriber in the Transaction Documents regarding the Company, its business and the transactions contemplated hereby, including the Disclosure Schedules to this Agreement, is true and correct and does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading.

assistant: Disclosures
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 of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. References herein to any Section, Appendix, Schedule or Exhibit shall be to a Section, an Appendix, a Schedule or an Exhibit, as the case may be, hereof unless otherwise specifically provided. The use herein of the word “include” or “including”, when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that fall within the broadest possible scope of such general statement, term or matter. The terms lease and license shall include sub-lease and sub-license, as applicable. Unless otherwise specifically indicated, the term “consolidated” with respect to any Person refers to such Person consolidated with its Restricted Subsidiaries, and excludes from such consolidation any Unrestricted Subsidiary as if such Unrestricted Subsidiary were not an Affiliate of such Person. Unless otherwise specifically indicated or unless the context requires otherwise, (a) any reference to any statute, regulation or law herein shall refer to such statute, regulation or law, as applicable, as amended, modified or supplemented from time to time and (b) any reference to any agreement, instrument or other document herein shall refer to such agreement, instrument or other document, as applicable, as amended, amended and restated, modified or supplemented from time to time (subject to any restrictions on such amendments, amendments and restatements, modifications or supplements set forth herein). Whenever any provision of this Agreement requires the delivery of or otherwise references the consolidated financial statements (including, balance sheets, statements of operations, statements of comprehensive loss, statements of stockholders’ equity and statements of cash flow) of Holdings and its Subsidiaries or Borrower and its Subsidiaries, the Credit Parties may deliver or otherwise reference the consolidated financial statements of Parent and its Subsidiaries; provided that Parent (x) continues to control, directly or indirectly, Holdings, (y) consolidates Holdings and its Subsidiaries in accordance with GAAP and (z) has no material operations, assets or revenues other than those of Holdings and its Subsidiaries.

assistant: Interpretations
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 inure to the benefit of, be binding upon, and be enforceable by the Company and its successors and assigns. The Participant shall not assign (except as provided by Section 7 hereof) any part of this Agreement without the prior express written consent of the Company.

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 case excerpt and choose the best holding from the options. Case excerpt: Barnes’s needs and negotiation positions, she did so at the expense and initiative of JSG. Under Illinois law, misappropriation can also be established by showing inevitable disclosure, i.e., that an employee’s new employment will inevitably lead her to rely on her former employer’s trade secrets. See Liebert Corp. v. Mazur, 357 Ill.App.3d 265, 293 Ill.Dec. 28, 827 N.E.2d 909, 927 (2005). Moreover, JSG made efforts to keep secret the details of its negotiations with Barnes and the identities of employees potentially to be placed at Barnes. For example, JSG included in France’s contract confidentiality clauses, discussed below, that obligated her not to disclose information like price lists and customer identities learned as a J pp.3d 948, 138 Ill.Dec. 508, 547 N.E.2d 675, 677 (1989) (<HOLDING>). Illinois courts also presume that pricing Options: A. holding customer list and pricing information of fire extinguisher business not a trade secret where service was commonly used so potential clients could be easily recognized and market was well established B. holding that the plaintiffs customer list was not a trade secret in part because there was no evidence that by the nature of the plaintiffs business extraordinary effort was involved in compiling the customer list C. holding that the plaintiff presented sufficient evidence to create a genuine issue of material fact that its customer list was a trade secret because the plaintiff presented evidence that the list took ten years and great expense to the company to develop D. holding that contact list based on inter alia information that was publicly available did not qualify as trade secret E. holding that a customer list may be protectable as a trade secret if it is secret and the court examines and determines if it is protectable based on three factors 1 what steps if any an employer has taken to maintain the confidentiality of a customer list 2 whether a departing employee acknowledges that the customer list is confidential and 3 whether the content of the list is readily ascertainable

assistant: The best answer is A. holding customer list and pricing information of fire extinguisher business not a trade secret where service was commonly used so potential clients could be easily recognized and market was well established
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 light and be appropriately remedied if the person who is suffering from this inadequacy is not permitted to do so. Simply ignoring a pretrial assertion of ineffectiveness of counsel means that the claim is left to be taken up in post conviction relief proceedings. Graves, 642 So.2d at 144. We do not believe this reasoning extends to a motion to disqualify. Unlike a motion to dismiss counsel, the effectiveness of the defendant’s court-appointed attorney is not at issue, and the attorney has no incentive to refrain from adopting his client's motion if that claim has any merit. If counsel chooses not to adopt the pro se motion, the defendant may opt to represent himself and file the motion to disqualify at that time. See Logan, 846 So.2d at 475. 15 . See Nelson, 274 So.2d at 258-59 (<HOLDING>), approved of in Hardwick v. State, 521 So.2d Options: A. holding that when a defendant raises a claim on direct appeal that trial counsel was ineffective defendant bears the burden of assuring record is adequate B. holding that when a defendant raises a claim of ineffective assistance of counsel the trial judge must conduct an inquiry into the claim C. holding that a defendant must show actual prejudice to succeed on an ineffective assistance of counsel claim D. recognizing a constitutional claim for ineffective assistance of counsel E. holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate

assistant: The best answer is B. holding that when a defendant raises a claim of ineffective assistance of counsel the trial judge must conduct an inquiry into the claim
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 upset demeanor during the call, the temporal proximity of the call to the incident, and that the “operator focused only on obtaining information for an immediate intervention rather than a future prosecution ....” Id. This court similarly focused on the de-clarant’s state of mind in State v. Lasnetski, 696 N.W.2d 387, 392-93 (MinmApp. 2005). In that case, this court held that a wife’s statements to the police while she was on the phone with her husband, trying to convince him not to commit suicide, were nontestimonial, because “[gjiven the stress of the moment, a reasonable, objective witness would not even contemplate the possibility of a later trial, but would be solely engaged in preventing a suicide.” Id. See also State v. Krasky, 696 N.W.2d 816, 819-20 (Minn.App.2005) (<HOLDING>), review granted (Minn. Aug. 16, 2005). Here, Options: A. holding that a sevenyearolds statements to a nurse practitioner about her fathers alleged child abuse were nontestimonial because there was no evidence that the child was aware that the statements would later be used at a trial B. holding that statements made by a child who was brought to an emergency room by her mother were admissible when the child knew a doctor would conduct a medical exam the physician explained he was a doctor and he asked questions about medical history and performed a physical examination of the child C. holding that the trial court did not err in allowing a witness to testify regarding the child victims hearsay statements prior to the child testifying because ocga 24316 allows testimony about a childs outofcourt statements even in cases when the child does not appear as a witness as long as the child is available at the trial to testify D. holding a social worker treating the child was permitted to testify to statements the child made about the abuse including the victims identification of the perpetrator because the statements were necessary to the treatment of ensuring the continued safety of the child E. holding that although the victims initial statements were nontestimonial the victims later statements to the police and her neighbor were testimonial because the primary purpose of the questioning was investigatory there was no indication of a continuing danger and the statements recounted how the potentially criminal past events began and progressed

assistant: The best answer is A. holding that a sevenyearolds statements to a nurse practitioner about her fathers alleged child abuse were nontestimonial because there was no evidence that the child was aware that the statements would later be used at a 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 legal provision and list the applicable contract clause categories. Provision: The Issuer stipulates that the remedies at law of the Holder of this Warrant in the event of any default or threatened default by the Issuer in the performance of or compliance with any of the terms of this Warrant are not and will not be adequate and that, to the fullest extent permitted by law, such terms may be specifically enforced by a decree for the specific performance of any agreement contained herein or by an injunction against a violation of any of the terms hereof or otherwise.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the service is provided to you `` as is '' , and that your use of the service or of any information provided or otherwise disseminated in connection with the service is at your sole risk .

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: In the event of any change in the outstanding shares of Common Stock of the Company or the occurrence of certain other events as described in Section 12 of the Plan, an equitable adjustment of the number of Units covered by this Award Agreement shall be made as provided in the Plan.

assistant: Adjustments
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: forum for disputes involving the loss of an opportunity to earn good-time credits, Al-Shabazz notwithstanding. This method of resolution would lend itself to confusion and would constitute an inefficient use of judicial resources. 11 . During the pendency of this appeal, the Court of Appeals reversed Appellant’s underlying convictions and sentences. State v. Howard, 396 S.C. 173, 720 S.E.2d 511 (Ct.App.2011). Thus, even if Appellant was entitled to relief with respect to the disciplinary sanction, it would be inconsequential as Appellant has been released from incarceration and is subject to a new trial. 12 . Notably, the USSC has continued to limit constitutional protection for legal assistance between inmates. See Shaw v. Murphy, 532 U.S. 223, 121 S.Ct. 1475, 149 L.Ed.2d 420 (2001) (<HOLDING>). 13 . To the extent the dissent claims that Options: A. holding that an inmate has a first amendment right to file grievances against prison officials B. holding that a prisoner has no first amendment right to provide legal assistance to other inmates and that therefore prison officials did not violate the prisoners constitutional rights when they intercepted a letter containing legal advice that he sent to another prisoner C. holding that inmate did not possess a first amendment right to provide legal assistance to fellow inmates beyond protection normally accorded prisoners speech D. recognizing that inmates have no freestanding right to a law library or legal assistance E. holding the sixth amendment right to effective assistance extends to a criminal defendants first appeal as of right

assistant: The best answer is C. holding that inmate did not possess a first amendment right to provide legal assistance to fellow inmates beyond protection normally accorded prisoners speech
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: for foster parenthood, submit to an annual eligibility evaluation, and have the ability to provide for the child without court supervision. In re B.S., supra at 977. The court may consider permanent legal custody, upon the filing of a petition that alleges the dependent child’s current placement is not safe, and the physical, mental, and moral welfare of the child would best be served if SPLC were granted. Id. Upon receipt of this petition, the court must conduct a hearing and make specific findings focusing on the best interests of the child. Id. The “court must find that neither reunification nor adoption is best suited to the child’s safety, protection and physical, mental and moral welfare of the child” for the court to name the custodian a “permanent legal custodian.” Id. (<HOLDING>). ¶25 In the instant case, after years of Options: A. holding that where a temporary order is later made permanent the permanent order may be challenged B. holding section 6351fl governs appointment of permanent legal custodian C. holding texas law governs procedural matters D. holding texas law governs the procedural matter of preservationoferror requirements even if another jurisdictions law governs substantive issues E. holding that an alien is only lawfully admitted for permanent residence for purposes of the ina if his or her adjustment to lawful permanent resident complied with substantive legal requirements and that because the alien failed to show that she had complied with the relevant substantive legal requirements the ij correctly determined that she had not been lawfully admitted for permanent residence and was not entitled to 212c relief

assistant: The best answer is B. holding section 6351fl governs appointment of permanent legal custodian
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that "[a] conspiracy and its target crimes are separate offenses” for the purposes of § 924(c) and thus "could each support a separate § 924(c) conviction and sentence”). 9 .Although Perry’s statement of the case states that "Perry appeals his conviction and sentence on all counts of the indictment,” his issue statement and arguments relate only to his conviction on the conspiracy count. While some of.the other counts are predicated on the conspiracy count, Perry does not identify which counts should fail if the conspiracy count were to fail. Because Perry has not addressed these other counts on appeal, he has waived any argument as to the sufficiency of the evidence on them. See Fed. R. App. P. 28(a)(8)(A); see also United States v. Reagan, 596 F.3d 251, 254-55 (5th Cir. 2010) (<HOLDING>). 10 . Boyer also separately appeals the Options: A. holding argument waived for failure to raise it in opening brief B. holding it is a wellestablished rule that grounds of error not asserted by points of error or argument in the court of appeals are waived C. holding that the appellant waived an argument listed only in his summary of the argument D. holding that appellant who merely listed points of error without further argument or explanation had waived those issues for failure to brief E. holding that the appellant waived this argument

assistant: The best answer is D. holding that appellant who merely listed points of error without further argument or explanation had waived those issues for failure to brief
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 stop it from exercising otherwise constitutional personal jurisdiction over Fortress. B. PetEdge’s Other Claims The complaint also alleges claims for trademark infringement and unfair competition under the Lanham Act and multiple state laws. Because the Court finds that it has specific personal jurisdiction over Fortress as to PetEdge’s patent-infringement claim, it need not address the parties’ arguments regarding the other claims. See, e.g., Home Owners Funding Corp. of Am. v. Century Bank, 695 F.Supp. 1343, 1345 (D.Mass.1988) (“In a multi-count complaint, if a court has personal jurisdiction over the defendant with respect to one count, it has personal jurisdiction with respect to all counts.”); Amtrol, Inc. v. Vent-Rite Valve Corp., 646 F.Supp. 1168, 1175 (D.Mass.1986) (<HOLDING>). C. PetEdge’s Motion to Strike Because the Options: A. holding that a court may exercise pendant personal jurisdiction over a foreign defendant with respect to state law claims that arise out of a nucleus of operative facts common to a federal antitrust claim B. holding that when all federal claims have been dismissed the court should decline to exercise supplemental jurisdiction over the state law claims C. holding that a defendant who elected to avail itself of the benefit of a state courts jurisdiction by filing a prior suit against the same party waives its personal jurisdiction defense in all actions related to the claim and arising out of the same nucleus of operative facts for which it originally invoked the courts jurisdiction D. holding that the court of federal claims had pendant jurisdiction over a state law contract claim that was part of the same case as a claim over which the court of federal claims had jurisdiction pursuant to 28 usc 1498b E. holding the federal tort claims act did not permit exercise of pendant jurisdiction over additional parties as to which no basis for federal jurisdiction existed

assistant: The best answer is A. holding that a court may exercise pendant personal jurisdiction over a foreign defendant with respect to state law claims that arise out of a nucleus of operative facts common to a federal antitrust claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Section 9(c) of this Agreement, you agree that you will not disclose this Agreement or any of its terms or provisions, directly or by implication, except to members of your immediate family and to your legal and tax advisors, and then only on condition that they agree not to further disclose this Agreement or any of its terms or provision s to others.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: records in the course of law enforcement investigations.” Def.’s Reply Mem. at 12. The DEA has offered no evidence or explanation for its claim that Hemisphere is a “single” technique and procedure. See e.g. Blackwell v. F.B.I., 646 F.3d 37 (D.C.Cir.2011) (protecting disclosure of procedures used during the forensic examination of a computer and methods of collection, organization and presentation of data); Petrucelli v. Dept. of Justice, 106 F.Supp.3d 129, 139 (D.D.C. 2015) (protecting disclosure of a ratings column on a form used to record investigation accomplishments as a technique and procedure). Moreover, 7(E) is intended to protect information that is not generally known to the public. O’Reilly at 446; see also Rosenfeld v. U.S. Dept. of Justice, 57 F.3d 803, 815 (9th Cir.1995) (<HOLDING>) (citing National Sec. Archive v. F.B.I., 759 Options: A. holding that purely reputational damage does not qualify for dueprocess protection B. holding that evidence of pretext may include the use of subjective criteria C. holding that use of a pretext phone call did not qualify for protection because the technique is generally known to the public D. holding that a set of photographs taken to be used as studies for a painting did not qualify for vara protection E. holding that public meeting did not satisfy public participation requirement because public did not receive adequate notice

assistant: The best answer is C. holding that use of a pretext phone call did not qualify for protection because the technique is generally known to the public
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: here. See Tex. Civ. PRAC. & Rem.Code Ann. § 15.003 (Vernon Supp.2006), § 51.012 (Vernon 2003), § 51.014 (Vernon Supp. 2006). LMC cannot appeal the trial court’s findings of fact because the findings do not constitute a final judgment. See Lehmann, 39 S.W.3d at 195 (“A judgment is final for purposes of appeal if it disposes of all pending parties and claims in the record, except as necessary to carry out the decree.”). Rather, LMC’s remedy is to challenge the bond by seeking relief from the court of appeals in the cause in which the appeal is pending pursuant to Texas Rule of Appellate Procedure 24. Tex.R.App. P. 24.4(a). We therefore dismiss appellate cause number 01-07-00126-CV for want of jurisdiction. See New York Underwriters Ins. Co. v. Sanchez, 799 S.W.2d 677, 679 (Tex.1990) (<HOLDING>). Conclusion We hold that the evidence is Options: A. holding that lack of appellate jurisdiction is fundamental error B. holding that district courts do not have appellate jurisdiction over state courts C. holding error to be fundamental when record shows jurisdictional defect D. holding that appellate courts assumption of jurisdiction over interlocutory order when not expressly authorized to do so by statute is fundamental jurisdictional error E. holding that a statute providing for interlocutory appeals to be heard in the court where appellate jurisdiction may be vested by law means that this court has appellate jurisdiction over interlocutory appeals in cases where the sentence of life imprisonment or death may be imposed

assistant: The best answer is D. holding that appellate courts assumption of jurisdiction over interlocutory order when not expressly authorized to do so by statute is fundamental jurisdictional error
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 was originally effective as of January 1, 1987, and was most recently restated as of January 1, 2009, in order to comply with the final regulations under §409A of the Code. This amendment and restatement of the Plan shall be effective as of January 1, 2018. Except as otherwise explicitly provided below, the rights of a Participant whose employment terminated, or who otherwise became entitled to receive benefits, under the Plan prior to January 1, 2018, shall be determined under the terms of the Plan as in effect at such time.

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: Except as expressly set forth in this Section, in the event any dispute should arise between the parties with respect to any of the terms and conditions of this Agreement and/or the Executive’s employment with the Company, the parties agree that any and all controversies, claims or disputes between them, including but not limited to any complaint, charge or cause of action arising under federal, state or local laws pertaining to employment, including the Age Discrimination in Employment Act of 1967 (the “ADEA,” a law which prohibits discrimination on the basis of age), the National Labor Relations Act, the Civil Rights Act of 1991, the Americans with Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964, all as amended, and all other federal, state and local laws and regulations relating to employment, compensation or related benefits, shall be submitted to final and binding arbitration, to be held in Boston, Massachusetts and administered by the American Arbitration Association (“AAA”). Any arbitration shall be subject to the provisions of Chapter 542 of the New Hampshire Revised Statutes and conducted pursuant to AAA’s Employment Arbitration Rules (the “Arbitration Rules”). Issues of arbitrability shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and not state law.

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: All questions concerning the construction, validity, enforcement and interpretation of the Transaction Documents shall be governed by and construed and enforced in accordance with the internal laws of the State of New York, without regard to the principles of conflicts of law thereof except as to these matters which are required by the laws of the State of Delaware to be governed by the laws of the State of Delaware. Each party agrees that all legal proceedings concerning the interpretations, enforcement and defense of the transactions contemplated by this Agreement and any other Transaction Documents (whether brought against a party hereto or its respective affiliates, directors, officers, shareholders, partners, members, employees or agents) shall be commenced exclusively in the state and federal courts sitting in the City of New York. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in the City of New York, Borough of Manhattan for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein (including with respect to the enforcement of any of the Transaction Documents), and hereby irrevocably waives, and agrees not to assert in any action, suit or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is improper or is an inconvenient venue for such proceeding. Each party hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law. If either party shall commence an action or proceeding to enforce any provisions of the Transaction Documents, then, in addition to the obligations of the Company under Section 4.10, the prevailing party in such action, suit or proceeding shall be reimbursed by the other party for its reasonable attorneys’ fees and other costs and expenses incurred with the investigation, preparation and prosecution of such action or proceeding.

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: of the building.” (Id. at 3.) Plaintiffs do not explain Hammes was to benefit from the space lease. The Court concludes that any benefit Hammes was to receive under the ground lease and space lease was purely incidental. Had the project come to fruition, Hammes presumably only stood to gain from the space lease insofar as rent that its subsidiary — HC—received would ultimately flow through to Hammes. But the mere fact that a literal interpretation of the space lease would have necessarily resulted in some benefit to Hammes does not entitle Hammes to enforce the agreement where, as here, the record is devoid of any admissible evidence that the parties intended Hammes to benefit from the space lease. See, e.g., Dayton Dev. Co. v. Gilman Fin. Servs., Inc., 419 F.3d 852, 856 (8th Cir.2005) (<HOLDING>). Moreover, although Hammes contends that Options: A. holding defendant assumed risk that third party would consent to search of storage locker where defendant instructed third party to rent locker under third partys name and allowed third party to keep possession of lease papers and to occasionally retain the keys B. holding that a third party holding legal title to property is a necessary party in an action for equitable distribution C. holding that where a third partys conduct is closely related to the contractual relationship or the contractual dispute and where the third party enjoys financial benefit from the contract the forum selection clause applies to the third party D. holding that a third party has authority to consent to a search if the third party is a coinhabitant E. holding under minnesota law that third party was not intended beneficiary merely because contract for sale of fixtures required title to pass from seller through third party to buyer

assistant: The best answer is E. holding under minnesota law that third party was not intended beneficiary merely because contract for sale of fixtures required title to pass from seller through third party to buyer
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 otherwise provided in this Section 12.2, neither this Agreement nor any interest hereunder shall be assignable by any Party without the prior written consent of the other (which consent shall not be unreasonably withheld, conditioned or delayed); provided, however, that either Party may assign this Agreement to any wholly-owned subsidiary or to any successor by merger or sale of substantially all of its business unit to which this Agreement relates. This Agreement shall be binding upon the successors and permitted assignees of the Parties. Any purported assignment in violation of this paragraph shall be void and ineffectual and shall not operate to transfer or assign any interest or title to the purported assignee.

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 case excerpt and choose the best holding from the options. Case excerpt: of health care professionals,” a task that would be disrupted by state suits. 531 U.S. at 349-350, 121 S.Ct. 1012. The Best Price program is one employing cooperative federalism, and so there is no “uniquely federal” interest. Boyle, 487 U.S. at 505, 108 S.Ct. 2510. Second, in Buckman, Congress provided expressly that it was the federal government, not private litigants, that was authorized to file suit for non-compliance, whereas here the statute provides that the federal remedies are “in addition to other penalties as may be prescribed by law.” § 1396r-8(b)(3)(c)(ii). As a practical matter, the confidentiality of the pricing information and the lack of audit powers inhibits the ability of the states to monitor drug f 530 U.S. 363, 374-386, 120 S.Ct. 2288, 147 L.Ed.2d 352 (2000) (<HOLDING>) (citations omitted); Buckman, 531 U.S. at Options: A. holding that while state shared federal goal of sanctioning foreign nation state remedies disrupted presidents flexibility in foreign affairs for conflict is imminent when two separate remedies are brought to bear on the same activity B. holding that the remedies are exclusive C. holding that if adequate administrative remedies are available it is improper to seek relief in court before those remedies are exhausted D. holding state buy american statute unconstitutional because it interfered with federal foreign affairs power emphasizing its effect on foreign commerce E. holding that as a matter of law the embassy of a sovereign nation is a foreign state

assistant: The best answer is A. holding that while state shared federal goal of sanctioning foreign nation state remedies disrupted presidents flexibility in foreign affairs for conflict is imminent when two separate remedies are brought to bear on the same activity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is not successive merely because it follows an earlier application. In re Cain, 137 F.3d 234, 235 (5th Cir.1998); Magwood v. Patterson, — U.S. —, 130 S.Ct. 2788, 2805, 177 L.Ed.2d 592 (2010) (“second or successive [does] not refer to all § 2254 applications filed second or successively in time, but [is] rather a term-of-art that takes its full meaning from our case law, including decisions predating the enactment of AED-PA.”) (internal citation and quotation marks omitted). A § 2254 application filed after an earlier application that was dismissed without prejudice for failure to exhaust state court remedies is not a second or successive application. Slack v. McDaniel, 529 U.S. 473, 487, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); In re Gasery, 116 F.3d 1051, 1052 (5th Cir.1997) (<HOLDING>). Under Lundy district courts should dismiss Options: A. holding that declaratory judgment was inappropriate where after exhausting administrative remedies a contractor would have to bring separate actions against the state and other parties in state court B. holding petitioner seeking to refile habeas application after prior dismissal without prejudice for failure to exhaust state remedies is not required to comply with 2244b3a when he returns to federal court after exhausting those claims C. holding that proper remedy for failure to exhaust is dismissal of the claim without prejudice D. holding federal habeas proceeding was properly dismissed for failure to exhaust state remedies when petitioners direct appeal from resentencing was still pending in state court at the time he sought habeas relief E. holding that a prisoners failure to pursue an appeal in state court is a procedural bar to federal habeas relief unless the petitioner shows both cause for failing to bring the state claim and actual prejudice from the failure to consider his federal claims

assistant: The best answer is B. holding petitioner seeking to refile habeas application after prior dismissal without prejudice for failure to exhaust state remedies is not required to comply with 2244b3a when he returns to federal court after exhausting those claims
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: entered on October 13, 1998, holding that Harvey’s claims were barred by the applicable statute of limitations. On appeal, Harvey challenges both the district court’s July 8, 1997, dismissal of Judge Hernandez and the district court’s October 13, 1998, dismissal of the remaining defendants. II. The district court dismissed Judge Hernandez from the lawsuit based on its finding that Judge Hernandez was entitled to absolute judicial immunity. Harvey contends that Judge Hernandez acted without either personal or subject matter jurisdiction and is not, therefore, entitled to judicial immunity. We review the question of judicial immunity de novo. See Moore v. Brewster, 96 F.3d 1240, 1243 (9th Cir.1996). A. Sufficiency of Notice of Appeal As a threshold m 75, 677 (9th Cir.1984) (per curiam) (<HOLDING>). To preserve his right to appeal the dismissal Options: A. holding that dismissal with leave to amend is not a final order B. holding that an order is not a final appealable order when it does not dispose of the complaints against all of the defendants C. holding that plaintiffs were entitled to vacate final order of dismissal as void when they did not receive the motion for dismissal or notice of the hearing on the order until after the dismissal was entered D. holding dismissal for failure to comply with rule 8 was dismissal of entire action which was appealable final order E. holding that dismissal of some but not all of the defendants who had been served with complaint is not a final order

assistant: The best answer is E. holding that dismissal of some but not all of the defendants who had been served with complaint is not a final order
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: Notwithstanding anything to the contrary herein, this Letter Agreement may be terminated at any time prior to the closing of the Purchase Transaction, (A) by mutual written consent of the parties hereto, (B) automatically, and without any action of any of the parties hereto, upon (x) any valid termination of the Merger Agreement by any party thereto or (y) the withdrawal of the Plan of Reorganization or any event that renders the Plan of Reorganization or an order approving the Plan of Reorganization null or void, (C) by Oncor Holdings, if the board of directors of Oncor Holdings determines in good faith after consultation with its outside financial advisors and outside legal counsel, and based on the advice of such counsel, that proceeding with this Letter Agreement would be inconsistent with its applicable fiduciary duties or (D) by Oncor, if the board of directors of Oncor determines in good faith after consultation with its outside financial advisors and outside legal counsel, and based on the advice of such counsel, that proceeding with this Letter Agreement would be inconsistent with its applicable fiduciary duties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Borrower and its Restricted Subsidiaries owns, or is licensed to use, all trademarks, tradenames, copyrights, patents and other intellectual property material to its business, and the use thereof by the Borrower and its Restricted Subsidiaries does not infringe upon the rights of any other Person except for any such infringements that, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.

assistant: Intellectual Property
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: in connection with any modification of the service , evernote may automatically download software updates on your computers and devices from time to time with the intention of improving , enhancing , repairing and/or further developing the service .

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: liability,” as well as steep civil fines, “on a broad range of ordinary industrial and commercial activities.” Rapanos v. United States, 547 U.S. 715, 721, 126 S.Ct. 2208, 165 L.Ed.2d 159 (2006) (internal citations omitted). Therefore, because the amount of jurisdictional wetlands existing on a tract of land has a significant impact on the value of that tract, evidence regarding jurisdictional wetland amounts is relevant and material to fixing just compensation. Accordingly, we conclude that the master was authorized to make a ruling as to the amount of jurisdictional wetlands existing on the parcel as of the condemnation date so that the just compensation owed to Normandy could ultimately be determined. Cf. State v. St. Charles Airline Lands, Inc., 871 So.2d 674 (La.Ct.App.2004) (<HOLDING>). B. Corps’ Authority to Make Jurisdictional Options: A. recognizing that publicly targeting a property for condemnation resulting in economic damage to the owner generally does not give rise to an inverse condemnation cause of action unless there is some direct restriction on use of the property B. holding that in condemnation proceedings the landowner has the burden of establishing the value of the property C. holding that landowners testimony based on lot method was properly excluded in condemnation case involving property that owner proposed to develop as mobile home park where subdivision development was speculative D. holding that property owner still has relief in the form of the return of his property though condemnation was complete and a highway was constructed across the property E. holding that the trial court was allowed to consider for the purpose of determining just compensation in a condemnation action expert testimony regarding whether the owner of the condemned property would have received permits to develop wetlands existing on the property

assistant: The best answer is E. holding that the trial court was allowed to consider for the purpose of determining just compensation in a condemnation action expert testimony regarding whether the owner of the condemned property would have received permits to develop wetlands existing on the property
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Notwithstanding the Parties entering into any further agreement or arrangement, or any other event or occurrence, the provisions of this Agreement relating to nondisclosure (including the provisions relating to the breach of this Agreement) or use of the Information shall remain in full force and effect for ________ years or as long as the Information is confidential and non-public, whichever is less, unless otherwise agreed to in writing by the Parties hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: credible testimony can sustain this burden of proof without corroboration, 8 U.S.C. § 1158(b)(1)(B). On the other hand, an IJ may find an applicant's testimony not credible if he “fails to present certain foundational evidence.” Balogun v. Ashcroft, 374 F.3d 492, 502 (7th Cir.2004). To ensure t tance of Lopez’s asylum claim and determined that he had not met his burden of proving past persecution or a well-founded fear of persecution on account of religion or membership in a particular social group. See 8 U.S.C. §§ 1158(b)(1)(B)®, 1101(a)(42)(A). We may uphold the denial of asylum on the basis of this latter determination if substantial evidence supports it. Hui-Mei Li v. Gonzales, 416 F.3d 681, 684-685 (7th Cir.2005). The attacks on Lopez never amounted to perse Cir. 2004) (<HOLDING>). The IJ did not err in concluding that the Options: A. holding that the court abused its discretion where the delay cannot not reasonably be attributed to the plaintiff alone B. holding that hearsay within a police report was inadmissible C. holding that an ij could not consider a police report as part of the record of conviction to determine whether an alien had committed a firearms offense because the police report could encompass many offenses with which the alien was never charged or convicted D. holding that witness statements in police report inadmissible E. holding that actions of kazakh thugs could be attributed to government where police responded to petitioners assault report by saying they had more important things to take care of

assistant: The best answer is E. holding that actions of kazakh thugs could be attributed to government where police responded to petitioners assault report by saying they had more important things to take care of