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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: must operate over fixed routes and regular schedules. This is incorrect; Flight Options confuses a sufficient condition with a necessary one. In Central Railroad, the United States Supreme Court explained that a state could impose an apportioned property tax on railroad cars that traveled through it on “fixed and regular routes.” 370 U.S. at 614. It also recognized that a tax situs could be created in a state through “[h]abitual employment within the State of a substantial number of cars, albeit on irregular routes.” Id. at 615. Thus, fixed and regular routes are sufficient to create a tax situs for instrumentalities of interstate commerce within a state but are not necessary. See Am. Refrigerator Transit Co. v. Hall, 174 U.S. 70, 71-72, 81-82,19 S. Ct. 599, 43 L. Ed. 899 (1899) (<HOLDING>). ¶15 Flight Options contends that the language Options: A. holding that the juvenile defendants who voluntarily left their homes in the middle of night to ride to the police department in patrol cars and who were told they were not under arrest were not in custody B. holding that the statute of limitations does not run on a debtorinpossession C. holding that questions about travel plans were permissible because they were completed within the time necessary to run the warrants check D. holding that colorado possessed authority to tax property of outofstate business that furnished railroad cars to railroad companies where the cars used in colorado were not part of regularly run trains were not run at regular times and were not constantly the same specific cars E. holding that limitation period begins to run at the time of the breach

assistant: The best answer is D. holding that colorado possessed authority to tax property of outofstate business that furnished railroad cars to railroad companies where the cars used in colorado were not part of regularly run trains were not run at regular times and were not constantly the same specific cars
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: cross-points in his appel-lee's brief was an acceptable way of presenting these issues to this Court. See John Hill Cayce, Jr., Anne Gardner, & Felicia Harris Kyle, Civil Appeals in Texas: Practicing Under the New Rules of Appellate Procedure, 49 Baylor L.Rev. 867, 962-65 (1997). 4 . This case is particularly persuasive considering it was decided under an earlier statutory-fraud provision specifically defining actual damages as the difference between the value of the property as represented and as acquired. Act of March 11, 1919, 36th Leg., R.S., ch. 43, §§ 1-3, 1919 Tex. Gen. Laws 77, 78 (Tex.Rev.Civ. Stat. Ann. art. 4004, since repealed and codified at Tex. Bus. & Com.Code Ann. § 27.01 (West 1987)). But see Bush v. Gaffney, 84 S.W.2d 759, 765 (Tex.Civ.App.—San Antonio 1935, no writ) (<HOLDING>). 5 . We also note that since the holding in Options: A. holding elements of rescission are 1 B. holding rescission incompatible with statutory fraud in light of limited definition of actual damages contained in article 4004 C. holding that a plaintiff can seek statutory damages even in the absence of actual damages D. holding that recovery is limited to actual compensatory damages E. holding that under the first amendment where there is no proof of actual malice damages are limited to actual injury which excludes punitive damages but is not limited to outofpocket loss

assistant: The best answer is B. holding rescission incompatible with statutory fraud in light of limited definition of actual damages contained in article 4004
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 rights and obligations of each of the Parties set forth herein, PK shall prepare or cause to be prepared all PK Straddle Income Tax Returns and HGV shall prepare or cause to be prepared all HGV Straddle Income Tax Returns required to be filed after the Distribution Date. PK shall file or cause to be filed all such PK Straddle Income Tax Returns with the applicable Taxing Authority, and HGV shall file or cause to be filed all such HGV Straddle Income Tax Returns with the applicable Taxing Authority. All such Tax Returns shall be prepared in a manner: (i) consistent with the past practice of the Parties and their Affiliates unless otherwise modified by a Final Determination or required by applicable Law; (ii) consistent with (and the Parties and their Affiliates shall not take any position inconsistent with) the IRS Ruling, the Tax Representation Letters, and the Tax Opinions; and (iii) consistent with any Pre-Distribution Income Tax Returns; provided , however , that PK and HGV shall file or cause to be filed any such U.K. Tax Returns in a manner consistent with any elections or claims made in respect of group relief, as provided for in Part 5 of the Corporation Act 2010, from HLT and its Subsidiaries, subject to the grant of consent to surrender such group relief, and shall claim or cause to be claimed the maximum amount of group relief available for U.K. Tax purposes with respect to such Tax Returns, after claiming the maximum available group relief within their own respective U.K. groups.

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: Each Loan Party, and each of its Subsidiaries, has timely filed all federal, state and other material tax returns and reports required to be filed, and has timely paid all federal, state and other material Taxes (whether or not shown on a tax return), including in its capacity as a withholding agent, levied or imposed upon it or its properties, income or assets otherwise due and payable, except in each case, with respect to those Taxes or tax returns (i) which are being contested in good faith by appropriate proceedings diligently conducted and for which adequate reserves have been provided in accordance with GAAP, or (ii) where the failure to timely file or timely pay could not reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect. There is no proposed tax assessment against any Loan Party or any Subsidiary thereof that, if made, could reasonably be expected to have a Material Adverse Effect. Neither any Loan Party nor any Subsidiary thereof is party to any tax sharing agreement. Except as could not be reasonably expected to, individually or in the aggregate, result in a Material Adverse Effect, neither any Loan Party nor any of its Subsidiaries has ever “participated” in a “listed transaction” within the meaning of Treasury Regulation Section 1.6011-4.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall reimburse Executive for all business expenses that are reasonable and necessary and incurred by Executive while performing his duties under this Agreement, upon presentation of expense statements, receipts and/or vouchers or such other information and documentation as the Company may reasonably require. Executive will be subject to the same business expense policy applicable to other Company employees generally, if any.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Administrator may accelerate the vesting of all or a portion of the Restricted Stock Units in such circumstances as it, in its sole discretion, may determine. In addition, upon the occurrence of certain events relating to the Common Stock contemplated by Section 14.2 of the Plan (including, without limitation, an extraordinary cash dividend on such Common Stock), the Administrator may make such adjustments as the Administrator deems appropriate in the number of shares of Common Stock subject to the Units and the kind of securities that may be issued upon settlement. Participant acknowledges that the Units are subject to adjustment, modification and termination in certain events as provided in this Agreement, each Award Supplement and the Plan, including Section 14.2 of 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 legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 9.09 , each Credit Party will not, and will not permit any of its Subsidiaries, to enter into or cause or permit to exist any arrangement, transaction or contract (including for the purchase, lease or exchange of property or the rendering of services) with any Affiliate (other than arrangements, transactions or contracts solely among the Credit Parties) except (a) on fair and reasonable terms no less favorable to such Credit Party or such Subsidiary than it could obtain in an arm’s-length transaction with a Person that is not an Affiliate, (b) any transaction expressly permitted under Section 9.01(i) , Section 9.01(o) , Section 9.03 , Section 9.05(d) , Section 9.05(h) , Section 9.05(j) , Section 9.05(l) , Section 9.05(m) , Section 9.05(n) or Section 9.06 , (c) so long as it has been approved by the Borrower’s or its applicable Subsidiary’s Board in accordance with Applicable Law, (i) customary fees to, and indemnifications of, non-officer directors of the Credit Parties and their respective Subsidiaries pursuant to Section 9.06(a) or (ii) the payment of reasonable and customary compensation and indemnification arrangements and benefit plans for officers and employees of the Credit Parties and their respective Subsidiaries in the ordinary course of business, and (d) transactions among Subsidiaries that are not Credit Parties in the ordinary course of business.

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: had not been overruled when FOS moved to stay the action, granting the stay was error. We disagree. In their brief, the Dowds state: “In Wilko, the U.S. Supreme Court held that a securities customer’s waiver of the right to select the judicial forum was unenforceable.” Brief for appellants at 9. The Dowds’ characterization of the Wilko holding is too broad. Wilko applies only to actions brought under the 1933 Act, specifically, those brought under § 12(2). The Wilko Court stated, “[W]e decide that the intention of Congress concerning the sale of securities is better carried out by holding invalid such an agreement for arbitration of issues arising under the [1933] Act” (Emphasis supplied.) Wilko, 346 U.S. at 438. See, also, Shearson/American Express Inc. v. McMahon, 482 U.S. at 228 (<HOLDING>). The Dowds’ petition makes no mention of the Options: A. holding of wilko equally applicable to cases arising under the securities exchange act of 1934 B. holding that claims under the securities act of 1933 were arbitrable under a predispute arbitration agreement C. holding wilko inapplicable to the securities exchange act of 1934 and stating in wilko the court held that a predispute agreement could not be enforced to compel arbitration of a claim arising under 122 of the securities act 15 u s c 772 emphasis supplied D. holding that claims under 10b of the securities exchange act of 1934 were arbitrable under a predispute arbitration agreement E. holding that a predispute agreement to arbitrate securities act of 1933 claims was enforceable

assistant: The best answer is C. holding wilko inapplicable to the securities exchange act of 1934 and stating in wilko the court held that a predispute agreement could not be enforced to compel arbitration of a claim arising under 122 of the securities act 15 u s c 772 emphasis supplied
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: pay award.”) III. CONCLUSION For the foregoing reasons, we hold that the FMLA regulations requiring employers to provide individualized notice to employees when the employers designate a period of leave as FMLA leave are valid as enforced in this case, that Strain waived his right to appeal the jury’s conclusion that Strain’s failure to comply with the regulations caused Downey prejudice, and that the district court did not abuse its discretion in awarding Downey two years of front pay. Therefore, we AFFIRM the judgment of the district court. AFFIRMED. 1 . It is not clear why Downey's balance was fifty-two hours (subtracting the charged 424 hours from the FMLA allowance of 480 hours would appear to leave a balance of fifty-six hours), but the parties stipulated to 0, 1205 (D.Kan.2003) (<HOLDING>). 5 . Strain’s argument that he is not Options: A. holding that an employee who did not present evidence that she could have returned to work prior to the expiration of her fmla leave allowance was not entitled to additional leave merely because her employer had not properly provided her with notice that the leave was designated as fmla leave B. holding that employers oral denial of plaintiffs request for fmla leave showed interference C. holding that a plaintiff who was unable to return to work before his fmla leave expired did not allege any denial of an fmla right but noting that ragsdale left open the possibility that employees could recover for notice violations on a casebycase basis if there was actual harm resulting from the violations D. holding that the employees reference to his mental condition did not constitute the requisite notice of an intent to invoke fmla leave E. holding that employee who exceeded fmla leave was subject to immediate discharge on the very first workday that he was both absent from work and no longer protected by the fmla

assistant: The best answer is C. holding that a plaintiff who was unable to return to work before his fmla leave expired did not allege any denial of an fmla right but noting that ragsdale left open the possibility that employees could recover for notice violations on a casebycase basis if there was actual harm resulting from the violations
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 brokers or finders have acted for Seller in connection with this Agreement or the transactions contemplated hereby and no broker or finders are entitled to any brokerage fee, finder’s fee or commission in respect thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as disclosed on Schedule 5.9 , there are no pending or, to the knowledge of GWG, threatened, material Actions against GWG or its Subsidiaries or otherwise affecting GWG or its Subsidiaries or their respective assets.

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: benefit system suggested that the statute should be applied compassionately. Id. at 1368 (“to read the legislative history of section 7266 as requiring ruthless application of the time limit is somewhat arbitrary”). While the government agrees that section 7266(a) is subject to equitable tolling, it directs us to language indicating that such tolling is allowed in only two limited situations: (1) where “the claimant has actively pursued his judicial remedies by filing a defective pleading during the statutory peri 6) (finding that 29 U.S.C. § 791 may be tolled “if the plaintiff because of disability, irremediable lack of information, or other circumstances beyond his control just cannot reasonably be expected to sue in time”); Stoll v. Runyon, 165 F.3d 1238, 1242 (9th Cir.1999) (<HOLDING>); Smith-Haynie v. Dist. of Columbia, 155 F.3d Options: A. holding that pro se status does not in itself constitute an extraordinary circumstance meriting tolling B. holding that attorneys mental illness may justify equitable tolling C. holding that mental incapacity is an extraordinary circumstance that may warrant equitable tolling D. holding that 26 usc 6511 may not be equitably tolled but that mental incapacity is a grounds for tolling when available E. holding that equitable tolling under 2255 would be allowed if at all only for extraordinary circumstances

assistant: The best answer is C. holding that mental incapacity is an extraordinary circumstance that may warrant equitable tolling
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: Comply, and cause each of its Subsidiaries to comply with all applicable laws, rules, regulations and orders, such compliance to include, without limitation, compliance with ERISA, Environmental Laws and the Patriot Act, except to the extent such non-compliance would not be reasonably expected to have a Material Adverse Effect and maintain in effect and enforce policies and procedures reasonably designed to ensure compliance in all material respects by the Borrower, its Subsidiaries and their respective directors, officers, employees and agents under their control with Anti-Corruption Laws and applicable Sanctions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EMPLOYEE shall remain entitled to indemnification to the extent set forth in Section 21 of the AMENDED AND RESTATED LIMITED LIABILITY AGREEMENT of ZAIS Group, LLC, and in accordance with the Indemnification Agreement with ZAIS Financial Corp dated June 1, 2015, and the Indemnification Agreement with ZAIS Group Holdings Inc. dated June 1, 2015, and any other indemnification agreement or arrangement of EMPLOYER to which she is a party or beneficiary.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The failure of Indemnitee to insist upon strict compliance with any of the terms hereof shall not be considered to be a waiver of any of such terms nor shall it militate against the right of Indemnitee to insist upon strict compliance herewith at any time thereafter.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To Buyer’s knowledge, no director, officer, key employee or consultant of Buyer is subject to any confidentiality, non-disclosure, non-competition agreement or non-solicitation agreement with any employer or prior employer that could materially affect his ability to be and act in his respective capacity of Buyer or be expected to result in a material adverse change in the financial position or results of operations of Buyer.

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: CA 22 (Fla. 11th Cir.Ct. Apr. 7, 2000). The jury found that each named plaintiffs injuries were legally caused by acts done in furtheranc CA 2010) (suggesting that reliance can be inferred from “pervasive misleading advertising” disseminated to the general public); Frazier v. Philip Morris USA I rial to the issue of [plaintiffs] entitlement to the punitive damage awards will not be confusing or prejudicial.” 102 So.3d at 15; see also Purvis v. Inter-County Tel. & Tel. Co., 173 So.2d 679, 681 (Fla.1965) (“The trial court can by proper instructions to the jury and supervision of the trial process avoid any inferences or implications to be drawn from the previous award of damages ... avoiding prejudice to [defendant].... ”); Griefer v. DiPietro, 625 So.2d 1226, 1229 (Fla. 4th DCA 1993) (<HOLDING>). Motion for Remittitur of Punitive Damages Options: A. holding that retrial did not violate the double jeopardy clause where reversal based on trial error distinguishing reversal for insufficient evidence B. holding an order of default was not final where it resolved only the question of liability and the case was continued for proof on the issue of damages C. holding that where the trial court is on notice of error in seating the panel before the jury is sworn and the error is not corrected automatic reversal is required D. holding that determination only of liability issues is sufficiently final to support issue preclusion although the damages trial remained E. holding that reversal for a new trial on liability is appropriate only where the error complained of affects only the issues of liability

assistant: The best answer is E. holding that reversal for a new trial on liability is appropriate only where the error complained of affects only the issues 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 case excerpt and choose the best holding from the options. Case excerpt: transcript does not indicate which defense attorneys were present; it only identifies those who spoke at the hearing. However, we do note that there was close cooperation between the defense attorneys in this case. Moreover, any defense attorneys who genuinely were surprised by the proof at trial were free to object or move for a severance at that time. Because appellants failed to do either at any time during the trial, plain error review is appropriate. 83 . In such cases, upon the defendant’s motion, the district court should consider the possibility of redacting the attorney’s name from trial exhibits and from the indictment if they indicate that the attorney may have been criminally involved in the charged offenses. See United States v. Moya-Gomez, 860 F.2d 706, 763 (7th Cir.1988) (<HOLDING>). 84 . Of course, it would be a rare case in Options: A. recognizing the supervisory power of appellate courts B. recognizing the power of district courts to redact from indictments superfluous language which unfairly prejudices the accused C. recognizing inherent power of courts of appeals D. recognizing district courts power to admit evidence for a limited purpose E. recognizing power of district courts to control movement of cases from filing to final disposition

assistant: The best answer is B. recognizing the power of district courts to redact from indictments superfluous language which unfairly prejudices the accused
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: evades or attempts to evade any [beer] tax”); § 6111(d)(1)(A) (defining certain tax shelters in terms that include "a significant purpose ... of which is the avoidance or evasion of Federal income tax ...."); § 6501(c)(2) ("In case of a willful attempt in any manner to defeat or evade tax imposed by this title the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time.”); § 6662(d)(2)(C)(iii) (defining a tax shelter as, inter alia, an organization "a significant purpose of [which] is the avoidance or evasion of Federal income tax”); § 7270 (providing for enhanced fines when any person "fails to comply” with the tax requirements of insurance policies issued by foreign insurers "with intent to evade the tax”); § 7341(a) (<HOLDING>); .§ 7422(e) (providing, in the context of a Options: A. holding that the validity of a contract for a commission for the sale of real estate is determined by the law of the state where the contract is made B. holding that where property subject to the irss timely filed lien is sold during a nonjudicial sale and the irs is not given notice of the sale the sale of the property is made subject to and without disturbing the lien C. holding in the analogous context of choiceoflaw in relation to the sale of personal property that compensation for arranging the sale is assessed apart from underlying sale D. holding unenforceable certain financing arrangements under a contract for the sale of property upon which the seller is liable for taxes if the sale was consummated with intent to avoid such tax or in fraud of the internal revenue laws E. holding that a claim arises from the purchase or sale of a security only if there is an allegation of fraud in the purchase sale or issuance of the instrument

assistant: The best answer is D. holding unenforceable certain financing arrangements under a contract for the sale of property upon which the seller is liable for taxes if the sale was consummated with intent to avoid such tax or in fraud of the internal revenue 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: negation or repudiation of another asserted” remedy; “one statutory remedy explicitly precludes another;” or “a double recovery would result.” 25 Am.Jur.2d Election of Remedies § 20 (2004). {23} Although Employer fails to explain why it believes that the remedies Worker seeks are inconsistent, the only viable theory of inconsistency is double recovery, i.e., if Worker received his tort damages and his compensation under the Act, he would doubly recover. However, as we have noted above, Worker may not recover twice for the same injury. His tort damages must be offset by his compensation under the Act. See Montoya, 114 N.M. at 357, 838 P.2d at 974. Because Worker may not be doubly compensated for his injury, we hold that his remedies are not inconsistent. See Woodson, 407 S.E.2d at 233 (<HOLDING>). Therefore, the election of remedies doctrine Options: A. holding that an injured workers initial election to seek state compensation does not implicate the exclusivity provision to preclude the worker from later seeking compensation under the longshore act B. holding that allowing an injured worker to pursue both avenues to relief does not run afoul of the goal of the election doctrine which is to prevent double redress of a single wrong C. holding that negligently allowing a statute of limitations to run does not constitute an ethical violation D. holding that statute of limitations does not run until it was or should have been clear to the employee that the union would not pursue the grievance E. holding that allowing the statute of limitations to run on the clients claim is an example of obvious malpractice that does not require expert testimony to establish a standard of care

assistant: The best answer is B. holding that allowing an injured worker to pursue both avenues to relief does not run afoul of the goal of the election doctrine which is to prevent double redress of a single wrong
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: By executing this Agreement, each Partner expressly agrees, at all times during the term of the Partnership and thereafter and whether or not at the time a Partner of the Partnership, to maintain the confidentiality of, and not to disclose to any person other than the Partnership, another Partner or a person designated by the Partnership, any information relating to the business, financial structure, financial position or financial results, clients or affairs of the Partnership that shall not be generally known to the public or the securities industry, except as otherwise required by law or by any regulatory or self-regulatory organization having jurisdiction; provided , that any corporate Partner may disclose any such information it is required by law, rule, regulation or custom to disclose. Notwithstanding anything in this Agreement to the contrary, to comply with U.S. Treasury Regulation Section 1.6011-4(b)(3)(i), each Partner (and any employee, representative or other agent of such Partner) may disclose to any and all persons, without limitation of any kind, the U.S. federal income tax treatment and tax structure of the Partnership, it being understood and agreed, for this purpose, (1) the name of, or any other identifying information regarding (a) the Partners or any existing or future investor (or any Affiliate thereof) in any of the Partners, or (b) any investment or transaction entered into by the Partners; (2) any performance information relating to any of the Partners or their investments; and (3) any performance or other information relating to previous funds or investments sponsored by any of the Partners, does not constitute such tax treatment or tax structure information.

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: for failing to file a motion for an in camera hearing, pursuant to Arkansas’s rape-shield statute, and for failing to investigate other sources of the victim’s prior sexual knowledge. Appellant further contends that his trial counsel’s deficiency prejudiced him because it left the jury with no alternate explanation of the minor victim’s prior knowledge of sexual matters. Pursuant to Arkansas Rule of Criminal Procedure 37.3(a) (2011), the circuit court has the discretion to deny relief without a hearing. We have previously interpreted Rule 37.3 to provide that an evidentiary hearing should be held in a postconviction proceeding unless the files and record of the case conclusively show that the prisoner is entitled to no relief. Sanders v. State, 352 Ark. 16, 98 S.W.3d 35 (2003) (<HOLDING>). Pursuant to Rule 37.1, a petitioner has the Options: A. holding that it is undisputed that the trial court has discretion pursuant to rule 373a to decide whether the files or records are insufficient to sustain the courts findings without a hearing B. holding that a reviewing court has the power to reject the findings and conclusions of the trial court where the findings are not supported by the evidence C. holding that a trial court cannot decide the issue of attorneys fees without findings as to one spouses ability to pay and the others need D. holding that trial courts limited findings were insufficient to allow determination of whether trial court abused its discretion in denying defendants motion to dismiss his indictment on constitutional speedy trial grounds E. holding that it is not the courts role to decide whether an experts opinion is correct

assistant: The best answer is A. holding that it is undisputed that the trial court has discretion pursuant to rule 373a to decide whether the files or records are insufficient to sustain the courts findings without a hearing
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 represents and warrants to VIEX that (a) the Company has the corporate power and authority to execute this Agreement and to bind it thereto, (b) this Agreement has been duly and validly authorized, executed and delivered by the Company, constitutes a valid and binding obligation and agreement of the Company, and is enforceable against the Company in accordance with its terms, except as enforcement thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or similar laws generally affecting the rights of creditors and subject to general equity principles, and (c) the execution, delivery and performance of this Agreement by the Company does not and will not (i) violate or conflict with any law, rule, regulation, order, judgment or decree applicable to the Company, or (ii) subject to the rights of any employee under any employment or change in control agreement with the Company, result in any breach or violation of or constitute a default (or an event which with notice or lapse of time or both could constitute such a breach, violation or default) under or pursuant to, or give any right of termination or cancellation of, any organizational document, agreement, contract, commitment, understanding, or arrangement to which the Company is a party or by which it is bound.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive agrees not to make, publish or communicate to any person or entity or in any public forum (including social media) at any time any defamatory or disparaging remarks, comments or statements concerning any of the Company Group, any of its affiliates, or any of their respective directors, officers and employees. Notwithstanding the foregoing, this section 6 does not in any way, restrict or impede Executive from exercising protected rights to the extent that such rights cannot be waived by agreement or from complying with any applicable law or regulation or a valid order of a court of competent jurisdiction or an authorized government agency.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Executive’s employment is terminated by his death,(i) the Company shall (A) pay the Final Compensation to the Executive’s beneficiary, legal representatives or estate, as the case may be, at the time and in the manner set forth in Section 8(a)(i) hereof, and, provided the Executive’s estate signs and returns the Executive Release of Claims as set forth above, (B) pay to the Executive’s beneficiary, legal representatives or estate, as the case may be, a lump-sum cash payment equal to the sum of one year of the Executive’s Base Salary plus the total Performance Bonus as calculated pursuant to Section 8(a)(ii) , which payment shall be made on the 60th day after the Date of Termination, and (ii) the vesting and lapsing of restrictions shall automatically accelerate on all unvested or restricted equity awards awarded to the Executive prior to the Date of Termination (including, without limitation, the Time-Based Restricted Shares, the Performance Shares (which shall vest as if the highest Target Stock Price (i.e., the $69.85 threshold set forth above) had been achieved) and any restricted shares of Company common stock issued in respect of Performance Shares), and all such awards shall remain exercisable for the full life of such awards (determined without regard to the Executive’s termination of employment). The Company shall have no further obligation to the Executive upon such termination of employment.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Collegiate Dictionary 1121 (11th ed. 2009) (defining "secondary" both as "of a second rank, importance, or value" and as "not first in order of occurrence or development"); Black's Law Dictionary 628 (2d pocket ed. 2001) (defining "secondary" as "(Of a position, status, use, etc.) subordinate or subsequent"). 32 . Stip. 11 1(tt)-(vv). 33 . Id.11(xx); Ex. 5. 34 . Stip. 11(yy); Ex. 5. 35 . Stip. 11 1(aaa)-(bbb). 36 . Ex. C. 37 . Respondent testified that he did not realize Colo. RPC 1.8(a) applied because he was not performing legal work for Landers at the time of the loan transaction. Respondent now concedes he violated this rule because he had not terminated his attorney-client relationship with Lan-ders. 38 . Id. 39 . See In re Riebesell, 586 F.3d 782, 791 (10th Cir.2009) (<HOLDING>). 40 . Exs. 16, 16B. 41 . Id.; Ex. 17. Options: A. holding that a state is not a person within the meaning of 1983 B. holding that the defendants oral promise to appear was insufficient to amount to a required appearance within the meaning of the failure to appear statute C. holding that failure to make the disclosures required by colo rpc 18 constitutes a false representation within the meaning of 523a2a D. holding that a district courts failure to make the necessary findings related to a restitution order constitutes plain error E. holding that the complaint stated a claim under the flsa where it alleged that parties were an employer and employees within meaning of act and that the defendantemployers operation constitutes an enterprise engaged in commerce within the meaning of the act

assistant: The best answer is C. holding that failure to make the disclosures required by colo rpc 18 constitutes a false representation within the meaning of 523a2a
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 Administrative Agent, each Funding Agent, the Lenders and the Collateral Agent shall have received payment of all fees and other amounts due and payable to any of them on or before the Restatement Effective Date.

assistant: Fees
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, together with the Employee Obligations Agreement, constitutes the entire understanding between the Company and the Employee relating to the subject matter hereof on and after January 1, 2015 and supersedes and cancels all prior and contemporaneous written and oral agreements and understandings with respect to the subject matter of this Agreement. No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by either party which are not set forth expressly in this Agreement.

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: This Agreement and the Parties’ performance hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable to contracts made and performed in Pennsylvania without giving effect to any choice of law principles that would require or permit the application of the laws of another jurisdiction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any other provision. In the event any provision of this Agreement conflicts with any applicable law, such provision shall be deemed modified, consistent with the aforementioned intent, to the extent necessary to resolve such conflict.

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 case excerpt and choose the best holding from the options. Case excerpt: are distributed without affording an opportunity for creditors to present and enforce claims. Id. at 965. The trust fund doctrine was developed to protect creditors who are otherwise without a remedy. Bowers-Siemon Chemicals Co. v. Bowers (In re Bowers-Siemon Chemicals Co.), 139 B.R. 436, 450 (Bankr.N.D.Ill.1992). Andeo fails to provide any legal authority to support its proposition that this doctrine applies where a debtor has filed a bankruptcy petition. Furthermore, in this ease, the disputed funds were not distributed without affording Andeo an opportunity to enforce its claims through the bankruptcy process. Therefore, as in Bowers, I conclude that the purpose of the trust fund doctrine is satisfied and the doctrine does not apply here. See, e.g., Bowers, 139 B.R. at 450 (<HOLDING>). Andco’s third theory for imposing a Options: A. holding the doctrine of forfeiture by wrongdoing inapplicable when a witness had been deported during the period of time the defendant had been a fugitive B. holding that creditor did not have actual knowledge of the bankruptcy filing where the debtor informed creditor of the possibility that a bankruptcy case would be filed C. holding that the beneficiary of a trust was not the real party in interest regarding rights owned by the trust D. holding that an anticipated tax refund was property of the bankruptcy estate as of the date the bankruptcy case was filed E. holding that the trust fund doctrine was inapplicable where the corporation had filed bankruptcy

assistant: The best answer is E. holding that the trust fund doctrine was inapplicable where the corporation had filed bankruptcy
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: You will serve in an executive capacity and shall perform the duties of SVP, CAO as commonly associated with this position, and as required by the Chief Executive Officer. In this role, you will be responsible for driving the global administrative strategy, working closely with other key executives; and provide oversight to geographically dispersed facilities, information technology and human resources functions across all continents. You will report to the Chief Executive Officer. Of course, the Company may change your position, duties, and work location from time to time in its discretion subject to the terms of this offer letter agreement.

assistant: Positions
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: could not be read to require the payment of money for their breach). Money damages are the default remedy for breach of contract. San Juan City College v. United States, 391 F.3d 1357, 1361 (Fed.Cir.2004). The law presumes that damages will be available for breach of a contract by the Government. Id.; see also Sanders v. United States, 252 F.3d 1329, 1334 (Fed.Cir. 2001) (stating that “in the area of government contracts ... there is a presumption in the civil context that a damages remedy will be available upon the breach of an agreement”); Taylor v. United States, 73 Fed.Cl. 532, 545 (2006) (noting that the “contract itself does not need to be money-mandating because money damages are the default remedy for a breach of contract.”). But see, e.g., Phillips, 77 Fed.Cl. at 518-19 (<HOLDING>). Phillips involved a settlement agreement that Options: A. holding that section 4625bc does not create a private right of action for money damages B. holding that a plaintiff can seek statutory damages even in the absence of actual damages C. holding that absent an independent tort a plaintiff alleging a breach of contract may only seek to recover the damages flowing from the breach D. holding that a contract must entitle the plaintiff to money damages in the event of the governments breach of that contract E. holding that breach of a duty to seek reassignment for plaintiff did not create a substantive right to money damages

assistant: The best answer is E. holding that breach of a duty to seek reassignment for plaintiff did not create a substantive right to money damages
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive promises that he shall not make, directly or indirectly, to any person or entity, including but not limited to, present or former employees of the Company, customers or vendors of the Company, any disparaging oral or written statements about the Company, its employees or customers or do anything which damages the Company and/or its services, reputation, financial status, or business relationships. This shall not be construed or enforced in a manner that would restrict Executive’s rights, if any, under the National Labor Relations Act or any other applicable law. The Company promises that members of the Executive Leadership Team shall not make, directly or indirectly, to any person or entity, any disparaging oral or written statements about the Executive. In response to oral or written reference requests regarding the Executive, the Chief Executive Officer shall provide the Executive with a positive letter of reference. Nothing in this paragraph shall prevent the parties from testifying truthfully under oath in any legal proceeding or from cooperating in any governmental investigation as otherwise provided in this Agreement.

assistant: Non-Disparagement