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: The confidential business information which is to be provided by Party One to Party Two is the sole property of Party One, including but not limited to; financial information, printed material, marketing brochures and literature, photographs, videos, plans, methods, policies and strategies; insofar as the same are and remain confidential business information of Party All materials, including Confidential Information disclosed by Party One and Party Two under this Agreement shall remain the property of the disclosing party. Nothing in this Agreement shall be construed to as a granting to a party a license under any patent, copyright, trade secret or other intellectual property right now or hereinafter obtained by the other party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THE GUARANTOR IRREVOCABLY AND UNCONDITIONALLY SUBMITS, FOR ITSELF AND ITS PROPERTY, TO THE NONEXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK SITTING IN NEW YORK COUNTY AND OF THE UNITED STATES DISTRICT COURT OF THE SOUTHERN DISTRICT OF NEW YORK, AND ANY APPELLATE COURT FROM ANY THEREOF, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS GUARANTY, OR FOR RECOGNITION OR ENFORCEMENT OF ANY JUDGMENT, AND EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN SUCH FEDERAL COURT. EACH OF THE PARTIES HERETO AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS GUARANTY SHALL AFFECT ANY RIGHT THAT THE ADMINISTRATIVE AGENT, ANY LENDER OR THE L/C ISSUER MAY OTHERWISE HAVE TO BRING ANY ACTION OR PROCEEDING RELATING TO THIS GUARANTY AGAINST THE GUARANTOR OR ITS PROPERTIES IN THE COURTS OF ANY JURISDICTION.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, together with the Employment Agreement, represent the entire agreement between the parties hereto relating to the subject matter hereof, and supersede all prior and contemporaneous discussions, agreements and understanding of every nature related thereto.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree that yahoo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the yahoo services .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The consummation of the transactions contemplated by this Agreement (the “ Closing ”) shall take place remotely by the electronic or other exchange of documents and signature pages, on the date hereof, such date referred to herein as the “ Closing Date ”. The Closing will be effective as of 12:01 a.m. on the Closing Date (the “ Effective Time ”), and all actions scheduled in this Agreement to take place at the Closing shall be deemed to occur simultaneously at such time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be amended, modified, superseded or cancelled, and any of the terms, covenants, representations, warranties or conditions hereof may be waived, only by a written instrument executed by the parties hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, the Executive’s initial annual base salary shall be $525,000. The Executive’s base salary shall be reviewed at least annually by the Board and may be increased in its discretion but, once increased, may not be decreased. The base salary in effect at any given time is referred to herein as “Base Salary.” The Base Salary shall be payable in a manner that is consistent with the Company’s usual payroll practices for senior executives.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: work rules, and without proper authorization weighs strongly in favor of finding the UP 9484 was not “in use” at the time of the accident. However, Johnson argues the UP 9484 was nevertheless “in use” for three rea sons. First, the UP 9484 did not have blue flags placed on it, which Johnson argues should be dispositive, applying the Fifth Circuit’s bright-line test from Trinidad, 949 F.2d at 189, yet relying on a different dispositive factor borrowed from Wright, 574 F.3d at 622. Second, Johnson argues the UP 9484 was not located within the diesel shop and was therefore still on its “unitary journey to the point of repair,” citing Brady v. Terminal R.R. Ass’n of St. Louis, 303 U.S. 10, 58 S.Ct. 426, 82 L.Ed. 614 (1938), and misquoting S. Ry. Co. v. Bryan, 375 F.2d 155 (5th Cir. 1967) (<HOLDING>). Third, Johnson argues his conduct necessarily Options: A. holding a defective railroad vehicle is in use under the saa where hauling is in progress or in immediate contemplation because the handling of it for that purpose is a part of its unitary journey from the point of discovery of disability to the repair shop B. holding that there is no unitary business in part because there is no flow of international business C. holding that a defendant is in custody and miranda applies even when the purpose of defendants detention is unrelated to the purpose of the interrogation D. holding that the the statement of the purpose of the law in question in the committee report is not conclusive and reiterating that the question is whether the law is reasonably calculated to achieve a legitimate police power purpose E. holding that breathing is a major life activity within the contemplation of the ada

assistant: The best answer is A. holding a defective railroad vehicle is in use under the saa where hauling is in progress or in immediate contemplation because the handling of it for that purpose is a part of its unitary journey from the point of discovery of disability to the repair shop
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company will reimburse Executive for reasonable expenses incurred by Executive in the furtherance of the performance of Executive’s duties hereunder, in accordance with the Company’s expense reimbursement policy as in effect from time to time. In addition, the company shall provide a $500 per month car allowance to Executive.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: delayed opening of the restaurant when the subcontractor misread the building plans and constructed the building foundation in the wrong location. See id. at 1302. The court cited the economic loss rule as the basis for its holding: As a general rule, no cause of action lies in tort when purely economic damage is caused by negligent breach of a contractual duty. This economic loss rule prevents recovery for negligence when the duty breached is a contractual duty and the harm incurred is the result of failure of the purpose of the contract. Id. at 1303. A number of courts of appeals cases have applied the economic loss rule in varying contexts since the decision in Jardel. See, e.g., Town of Alma, 985 P.2d at 57 (this appeal); Grynberg v. Agri Tech, Inc., 985 P.2d 59, 63 (Colo.App.1999) (<HOLDING>); Terrones v. Tapia, 967 P.2d 216, 220 Options: A. holding economic loss doctrine bars negligence claim based on service contract B. holding that the economic loss rule bars negligence claim for failure to receive a particular return on cattle investment program C. holding that subject to certain exceptions the economic loss rule bars recovery in tort for economic damages arising out of matters governed by contract D. holding that economic loss doctrine bars negligence claims as to engineering services related to roof repair and reconstruction E. holding that the preclusion of tort remedies for only economic loss extended to negligence claims

assistant: The best answer is B. holding that the economic loss rule bars negligence claim for failure to receive a particular return on cattle investment program
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 laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages , so some or all of the exclusions and limitations set forth above may not apply to you .

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: To the fullest extent permitted by law, each of the Borrowers and the other Loan Parties hereby waives and releases any claims that it may have against the Administrative Agent and the Arranger with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction contemplated hereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Effective as of the Restatement Effective Date (as defined below), the Existing Revolving Credit Agreement is amended and restated in its entirety in the form of the Amended and Restated Revolving Credit Agreement set forth on Exhibit A hereto (the Existing Revolving Credit Agreement, as so amended and restated, being referred to as the “ Restated Revolving Credit Agreement ”).

assistant: Amendments
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 washers, for example, are typically manufactured in standard sizes. Similarly, polishing discs, bags for oil presses, vacuum cleaner bags, and filter bags all are generally manufactured for use with particular models and machinery upon importation. 24 . See, e.g., Baxter Healthcare Corp. of Puerto Rico v. United States, 182 F.3d 1333, 1339 (Fed.Cir.1999) (considering classification of rolls of material for use as gas-exchanging membrane of oxygenator, and concluding that material cannot be classified as part of oxygenator because "[a]t the time of import, the individual parts cannot be discerned from the roll, and the roll nowhere marks or otherwise identifies the individual parts to be made from it”); Harding Co. v. United States, 23 C.C.P.A. 250, 252-53, 1936 WL 2945 (1936) (<HOLDING>); United States v. Buss & Co., 5 U.S. Cust.App. Options: A. holding that disgorgement was appropriate only as to the profits made prior to the time insider information was made public B. holding that engine parts later used to make engines were properly classified as parts C. holding that statutes dealing with same subject matter should be construed with reference to each other as parts of one system D. holding that item made from asbestos yarn wire and mixture of other materials used for the sole purpose of making brake linings was properly classified as manufacture of yarn rather than as part of automobile because individual brake lining parts to be made from material were not identified or otherwise fixed with certainty and instead had to be individually cut to custom fit each brake shoe made E. holding trial court failed to make a finding of fact but rather made a finding of the ultimate question of law that the defendants plea was not knowingly and intelligently made

assistant: The best answer is D. holding that item made from asbestos yarn wire and mixture of other materials used for the sole purpose of making brake linings was properly classified as manufacture of yarn rather than as part of automobile because individual brake lining parts to be made from material were not identified or otherwise fixed with certainty and instead had to be individually cut to custom fit each brake shoe made
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: § 240(c). Thus, unlike section 166i, when a person dies, the distribution of that person’s property must, at a minimum, invoke the jurisdiction of the court. 15 V.I.C. § 167 (administration of an estate in a summary manner). The Legislature has outlined in detail the duties of a executor or administrator in administering an estate and the process by which a creditor should seek to satisfy his claim, all under the guidance and review of the Superior Court. See 15 V.I.C. § 394; 15 V.I.C. § 240(c). Theref early identical statute — section 115.325 of the Oregon Revised Statutes, which requires a creditor to present his claim to the executor or administrator before filing an action with the court — to be non-jurisdictional. Balthrop v. Berryman, 96 Ore. App. 354, 772 P.2d 955, 956-57 (1989) (<HOLDING>); Stevens v. Scanlon, 248 Ore. 229, 430 P.2d Options: A. holding that seventh amendment right to jury trial not violated by courts dismissal for failure to state a claim pursuant to rule 12b6 because as a matter of law complaint faded to present an issue for trial B. holding that plaintiffs complaint failed to state a claim under section 1 of the sherman act C. holding that a failure to accommodate claim is separate and distinct from a claim of discriminatory treatment under the ada and pointing out that a failure to accommodate claim and a claim of discriminatory treatment under the ada are not like or reasonably related to one another and one cannot expect a failure to accommodate claim to develop from an investigation into a claim that an employee was terminated because of a disability D. holding that a court should not dismiss a complaint pursuant to rule 12b6 for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief E. holding that although section 115325 is nonjurisdictional failure to present a claim to the estates executor or administrator constituted an insufficiently pleaded complaint for failure to state ultimate facts sufficient to constitute a claim citing meissner v murphy 58 ore app 174 647 p2d 972 973 1982

assistant: The best answer is E. holding that although section 115325 is nonjurisdictional failure to present a claim to the estates executor or administrator constituted an insufficiently pleaded complaint for failure to state ultimate facts sufficient to constitute a claim citing meissner v murphy 58 ore app 174 647 p2d 972 973 1982
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 that the EEOC routinely treats such questionnaires as charges. See id. (considering EEOC’s treatment of questionnaire as a factor in determining whether a charging party manifested intent to activate the administrative process). UPS contends, however, that the EEOC did not actually treat Mr. Jones’s questionnaire as a charge. It notes that the EEOC twice told Mr. Jones that it was not treating the questionnaire as a charge of discrimination and that it never notified UPS that a charge had been filed, which it ordinarily must do within ten days of the filing of a charge, see 29 C.F.R. § 1601.14(a). But the EEOC later sent Mr. Jones a dismissal and notice of his right to sue, which indicates it ultimately treated the questionnaire as a formal charge. See Wilkerson, 270 F.3d at 1321 (<HOLDING>). Even though the EEOC ultimately treated the Options: A. holding that circumstantial evidence may create a fact issue if from the evidence a reasonable person could conclude that the existence of the ultimate fact in dispute is more reasonable than its nonexistence B. holding that the eeocs enforcement suits should not be considered representative actions subject to rule 23 C. holding that a plaintiff need not have notice of the defendants specific intention to deceive before the fraud action accrued all that is relevant is that a reasonable person would have been on notice of a potential misrepresentation D. holding that the eeocs ultimate response combined with other relevant facts would convince a reasonable person that plaintiff manifested her intent to activate the administrative machinery E. holding that a person is seized when a reasonable person would have believed that he was not free to leave

assistant: The best answer is D. holding that the eeocs ultimate response combined with other relevant facts would convince a reasonable person that plaintiff manifested her intent to activate the administrative machinery
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 Reeves’s estate. Therefore, the original Motion for Judgment, filed April 5, 2002, is a legal nullity and cannot toll the statute of limitations. Swann, 252 Va. at 184, 476 S.E.2d at 171-72; see Hanson, 56 Va. Cir. at 290. The substitution of a personal representative for a deceased defendant cannot be construed to fall within the correction of a misnomer under Virginia Code §8.01-6; therefore, the “relation back” provision of that section does not apply. “Misnomer arises when the right person is incorrectly named, not where the wrong defendant is named.” Id. at 174, 476 S.E.2d at 184 (citing Rockwell v. Allman, 211 Va. 560, 561, 179 S.E.2d 471, 472 (1971)); see Hanson, 56 Va. Cir. at 290; cf. Cook v. Radford Cmty. Hosp., Inc., 260 Va. 443, 451, 536 S.E.2d 906, 910 (2000) (<HOLDING>). Virginia Code § 8.01-6 and its “relation Options: A. holding arresting a person for refusing to provide his or her name violates the fourth amendment B. holding that a person is presumed to own all property that is titled in her name C. recognizing as a matter of federal law that an action to redress injuries to a corporation cannot be maintained by a shareholder in his own name but must be brought in the name of the corporation D. holding that first amendment precluded damages action brought by rape victim against newspaper for publishing victims name when name was obtained from publicly released police report E. holding that an action brought in the name of a person adjudicated as incapacitated instead of in the name of her guardian cannot be corrected as a misnomer

assistant: The best answer is E. holding that an action brought in the name of a person adjudicated as incapacitated instead of in the name of her guardian cannot be corrected as a misnomer
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: Craddock to summary judgments "under limited circumstances where a pro se nonmovant appeared in person but mistakenly did not respond in writing to a matter-of-law summary judgment motion.” 326 S.W.3d at 345. Thus, in analyzing whether the pro se litigant was entitled to a new trial based on the equitable principles established in Carpenter and Wheeler, the Court applied the Craddock test, including its second element inquiring whether the defendant established a meritorious defense. Id. at 346-47. However, the Texas Supreme Court subsequently clarified in Marino that Wheeler did not apply the Craddock test; rather, it applied the two-pronged test from Carpenter for determining whether a trial court should allow a late-filed summary judgment response. See Marino, 355 S.W.3d at 633 (<HOLDING>). Therefore, we likewise apply the two-prong Options: A. holding that trial court may not grant summary judgment by default when the movants summary judgment proof is legally insufficient B. holding that a plaintiff may not raise a new legal claim in response to summary judgment C. holding that trial court may allow latefiled summary judgment response when party shows good cause and no undue prejudice citing wheeler D. holding that a trial court may enter summary judgment for a nonmoving party under appropriate circumstances E. holding because trial court fully considered plaintiffs response to summary judgment motion failure to render summary judgment without notice or hearing harmless thus trial court was not required to vacate the summary judgment and then reinstate it to accomplish the same end

assistant: The best answer is C. holding that trial court may allow latefiled summary judgment response when party shows good cause and no undue prejudice citing wheeler
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: held that the scope of any waiver by virtue of disclosure was to be defined by the so-called “fairness doctrine”, which'“aim[s] to prevent prejudice to a party and distortion of the judicial process that may be caused by the privilege-holder’s selective disclosure during litigation of otherwise privileged information.” Id. at 101. Thus, the extent of any waiver by implication turns on the circumstances of the disclosure. Since the disclosure in von Bu-low had occurred in an “extrajudicial” setting—by publication of a book—the court there held that the unfairness to which the waiver doctrine was addressed was not implicated. As a result, the publication waived the privilege only with respect to the particular communications or portions of communications actually disclosed. Id. at 103 (<HOLDING>) Both dictum in von Bulow and a substantial Options: A. holding that matters actually disclosed in public lose their privileged status because the cat is let out of the bag B. recognizing a public employees first amendment right to address matters of legitimate public concern C. recognizing that information disclosed in private is not a public disclosure under the fca D. holding that trial court properly refused to permit disclosure of privileged communications in part because use of the privileged information was not essential to the defense E. holding that a document which is given to an attorney in the course of seeking legal advice is privileged in the hands of the attorney only if it was privileged in the hands of the client

assistant: The best answer is A. holding that matters actually disclosed in public lose their privileged status because the cat is let out of the bag
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in several counterparts, each of which may be deemed an original, but all of which together shall constitute one and the same Amendment. In addition, properly executed, authorized signatures may be transmitted via facsimile and upon receipt shall constitute an original signature.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 1428, 1432 (9th Cir.1995). The Commissioner’s denial of benefits may be overturned only if “it is not supported by substantial evidence, or ... is based on legal error.” Id. We conclude that substantial evidence does not support the administrative law judge’s (“ALJ”) finding that Owens’ testimony was not credible. First, Owens’ application for unemployment benefits is not necessarily inconsistent with her claim of disability under the Social Security Act. Substantial evidence also does not support the ALJ’s finding that Owens’ medication is not indicative of Owens’ limitations. Moreover, the ALJ’s observations at the hearing and Owens’ daily activities do not necessarily support a finding that she is not disabled. See Perminter v. Heckler, 765 F.2d 870, 872 (9th Cir.1985) (per curiam) (<HOLDING>); see also Vertigan v. Halter, 260 F.3d 1044, Options: A. recognizing the established principle that the alj is not required to take the claimants assertions of pain at face value B. holding that evidence relied on by alj was insufficient to undermine pain allegations where medical records were replete with claimants reports of pain and of prescriptions C. holding that alj properly evaluated credibility where he cited specific instances where claimants complaints about pain and other subjective symptoms were inconsistent with the objective medical evidence of record D. holding that the alj did not err in discounting a claimants reports of pain where they were not supported by the medical record E. holding that alj may not base adverse credibility finding on his perceptions of claimants pain at the hearing where record shows objective evidence of claimants pain

assistant: The best answer is E. holding that alj may not base adverse credibility finding on his perceptions of claimants pain at the hearing where record shows objective evidence of claimants pain
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term or condition of this Agreement shall be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, this Agreement shall be construed without such term or condition. If at the time of enforcement of any provision of this Agreement, a court shall hold that the duration, scope or area restriction of any provision hereof is unreasonable under circumstances now or then existing, the parties hereto agree that the maximum duration, scope or area reasonable under the circumstances shall be substituted by the court for the stated duration, scope or area.

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: intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely. 3 . In 2003, the General Assembly amended Code §§ 18.2-268.6 and 18.2-268.7. See 2003 Va. Acts, chs. 933, 936. The amendments took effect after Cutright’s conviction, and thus, have no bearing on this case. 4 . In making this observation, we do not consider the results of Cut-right’s preliminaty breath test. See Code § 18.2-267(E). 5 . See also Brooks v. Newport News, 224 Va. 311, 316, 295 S.E.2d 801, 804 (1982) (<HOLDING>); Thurston v. Lynchburg, 15 Va.App. 475, 483, Options: A. holding that the proper standard of proof is preponderance of the evidence B. holding that the fourth amendment requires some minimal level of objective justification for making a terry stop which is considerably less than proof of wrongdoing by a preponderance of the evidence C. recognizing that the result of a breath analysis is but auxiliary proof which may tend to corroborate evidence of the objective symptoms of intoxication D. recognizing that the preponderance of the evidence is the quantum of proof in civil cases E. recognizing an intermediate level of scrutiny in which the governmental objective must be important and the challenged law must be substantially related to that objective

assistant: The best answer is C. recognizing that the result of a breath analysis is but auxiliary proof which may tend to corroborate evidence of the objective symptoms of intoxication
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: 1999 incidents, present a closer question with respect to the first prong of Andreios. Each of the remarks made on these days is seemingly neutral; that is, Thomas did not refer explicitly to Plaintiffs Lebanese origin. Nevertheless, even words that appear facially neutral may meet the first prong of the Andrews test if it can otherwise be shown that they were motivated by discriminatory animus. See, e.g., Howley v. Town of Stratford, 217 F.3d 141 (2d Cir.2000) (finding hostile work environment claim survived where conduct at issue, though lacking any sexual component or reference to the plaintiffs sex, could, under the circumstances of the case, reasonably-be interpreted as having-been motivated by plaintiffs sex); Aman v. Cort Furniture Rental Corp., 85 F.3d 1074, 1083 (3d Cir.1996) (<HOLDING>). We believe that, as opposed to the June 3 and Options: A. holding that there is no reason why the words in one section in a code should have any different meaning ascribed to them than nearly identical words appearing in other sections of the same code id at 288 B. holding that a jury could find an intent to discriminate from evidence of use of code words such as all of you and one of them the words themselves are only relevant for what they reveal the intent of the speaker C. holding that sufficient revocatory intent was present where the words annulled and void were written in testators handwriting with intent of revoking the entire will being shown at time of writing such words D. recognizing that the court must give meaning to all the words in the claims E. holding legislatures intent is determined from plain and common meaning of words used

assistant: The best answer is B. holding that a jury could find an intent to discriminate from evidence of use of code words such as all of you and one of them the words themselves are only relevant for what they reveal the intent of the speaker
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, demands, requests, consents, approvals, and other communications required or permitted hereunder shall be in writing and, unless otherwise specified herein, shall be (i) personally served, (ii) deposited in the mail, registered or certified, return receipt requested, postage prepaid, (iii) delivered by reputable air courier service with charges prepaid, or (iv) transmitted by hand delivery, telegram, or facsimile, addressed as set forth below or to such other address as such party shall have specified most recently by written notice. Any notice or other communication required or permitted to be given hereunder shall be deemed effective (a) upon hand delivery or delivery by facsimile, with accurate confirmation generated by the transmitting facsimile machine, at the address or number designated below (if delivered on a business day during normal business hours where such notice is to be received), or the first business day following such delivery (if delivered other than on a business day during normal business hours where such notice is to be received) or (b) on the second business day following the date of mailing by express courier service, fully prepaid, addressed to such address, or upon actual receipt of such mailing, whichever shall first occur. The addresses for such communications shall be: (i) if to the Company to the address last noted in its public filings, and (ii) if to the Holder, to the address and telecopier number as provided by the Holder of this Warrant.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Taxes resulting from any benefits received under this Agreement are for the account of the Executive. The Company may withhold from any benefits payable under this Agreement all applicable taxes and other amounts as shall be required pursuant to any law or governmental regulation or ruling.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this Agreement by the Seller and the consummation by the Seller of the transactions contemplated hereby (including, without limitation, the sale of the Note to the Buyer) will not (i) conflict with or result in a violation of any provision of its certificate of formation or other organizational documents, or (ii) violate or conflict with or result in a breach of any provision of, or constitute a default (or an event which with notice or lapse of time or both could become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, note, bond, indenture or other instrument to which Seller are a party, or (iii) result in a violation of any law, rule, regulation, order, judgment or decree (including federal and state securities laws and regulations and regulations of any self-regulatory organizations to which Seller are subject) applicable to Seller or the Note is bound or affected. The Seller is not required to obtain any consent, authorization or order of, or make any filing or registration with, any court, governmental agency, regulatory agency, self-regulatory organization or stock market or any third party (other than the Company) in order for it to execute, deliver or perform any of its obligations under this Agreement in accordance with the terms hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in light of the entire record. However, if plaintiffs testimony is credited and all reasonable inferences are drawn in plaintiffs favor, plaintiff could prove to a rational jury that this alleged gratuitous use of force was an objectively unreasonable use of force. See, e.g., Johnson v. City of New York, No. 05-CV-2357 (SHS), 2006 WL 2354815, at *5 (S.D.N.Y. Aug. 14, 2006) (denying summary judgment on claim of excessive force during execution of a search and noting that “[wjhile not every push or shove violates the Fourth Amendment, ... there surely would be no objective need to ‘stomp’ and ‘kick’ an individual already under police control.” (citations and quotations omitted)); Pierre-Antoine v. City of New York, No. 04-CV-6987 (GEL), 2006 WL 1292076, at *4 (S.D.N.Y. May 9, 2006) (<HOLDING>); Graham v. Springer, No. 03-CV-6190 (CJS), Options: A. holding that whether an officers force was reasonable must be analyzed under the reasonableness standard of the fourth amendment B. holding that an officers use of force against a plaintiff was objectively reasonable considering the force the plaintiff herself exercised in resisting police custody C. holding that repeatedly striking a subdued individual would constitute an objectively unreasonable use of force under the fourth amendment D. holding that excessive force claims are to be treated under the fourth amendment E. holding that an officer cannot use further nondeadly force against a restrained and subdued suspect

assistant: The best answer is C. holding that repeatedly striking a subdued individual would constitute an objectively unreasonable use of force under the fourth amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Schedule 3.19 contains a complete and accurate list and summary of all Intellectual Property, including, without limitation, the Biorefinery Patents, owned or possessed by the Seller, or which the Seller has the right to use pursuant to a valid and enforceable patent, written license, sublicense, agreement, or permission (collectively and together with the Intangible Personal Property, the “ Intellectual Property Assets ”). Such Intellectual Property Assets constitute all of the Intellectual Property necessary for the operation of the Business of the Seller as presently conducted. The Seller is the owner or licensee of all right, title and interest in and to each of the Intellectual Property Assets, free and clear of all Liens. The Seller has the right to use all of the Intellectual Property Assets without payment to any third party. The Seller owns or has the right to use pursuant to ownership, license, sublicense, agreement, permission or free and unrestricted availability to general public all of the Intellectual Property Assets used by such Seller. To Seller’s knowledge, neither Seller nor its managers, directors and officers has ever received any charge, complaint, claim, demand, or notice alleging any such interference, infringement, misappropriation, or violation (including any claim that the Seller must license or refrain from using any intellectual property rights of any third party). To the Knowledge of Seller, no third party has interfered with, infringed upon, misappropriated, or otherwise come into conflict with any proprietary intellectual property rights of the Seller.

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 legal provision and list the applicable contract clause categories. Provision: Meetings of the Partners may be called by the General Partner. The call shall state the nature of the business to be transacted. Notice of any such meeting shall be given to all Partners not less than seven (7) days or more than thirty (30) days prior to the date of such meeting. Partners may vote in person or by proxy at such meeting. Whenever the vote or Consent of Partners is permitted or required under this Agreement, such vote or Consent may be given at a meeting of Partners or may be given in accordance with the procedure prescribed in Section 14.1.B . Except as otherwise expressly provided in this Agreement, the Consent of holders of Partnership Interests representing a majority of the Percentage Interests of the Class A Units shall control (including Class A Units held by the General Partner).

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: Use the proceeds of the Credit Extensions solely for general corporate purposes, including refinancing existing Indebtedness, working capital, the payment of capital expenses, acquisitions and development and redevelopment of Portfolio Properties, and for Restricted Payments by the REIT, in each case not in contravention of any Law or of any Loan Document.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or while having his features artificially distorted shall, for the first of-fence be sentenced to imprisonment for not less than five years.... Whoever commits any offense described herein while armed with a firearm ... shall be punished by imprisonment in the state prison for not less than five years. Mass. Gen. L. ch 265 § 17. As the parties agree, this creates a divisible statute because “dangerous weapon” is not defined in the offense conduct; thus not all armed robberies would constitute firearm offenses. The analysis of a divisible statute in the immigration context is analogous to the application of sentencing enhancements in the sentencing context. In the sentencing context, the court applies Taylor v. United States, 495 U.S. 575, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990) (<HOLDING>); in the immigration context, we apply a Options: A. holding that a sentencing court in determining whether a burglary was a violent felony that resulted in an enhanced statutory minimum had to rely on charging documents elements of offenses plea colloquies and express findings by the trial judge and could not look to police reports or complaint applications B. holding that in determining whether a prior conviction is a violent felony a court generally must look only to the fact of conviction and the statutory definition of the prior offense C. holding that a court can look only to the statutory elements charging documents and jury instructions to determine whether an earlier conviction after trial qualified as a violent felony under the acca D. holding that inquiry under the acca to determine statutory elements of prior conviction is limited to judicial records and may not include documents that simply state facts such as police reports E. holding that courts should look to the statutory definition of the crime charged rather than the actual facts of the individuals prior conviction to determine whether the crime qualifies as a violent felony under the acca

assistant: The best answer is C. holding that a court can look only to the statutory elements charging documents and jury instructions to determine whether an earlier conviction after trial qualified as a violent felony under the acca
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: falls within the latter category because there is an express trust. LCC relies on the language in the bylaws and articles of incorporation for the Property Corporation, which states, in relevant part, that the purpose of the Property Corporation is “[t]o operate exclusively for the benefit of, and to carry out the purposes of the Lamont Christian Reformed Church, Coopersville, Michigan, or any church formed by a majority of the members of the Lamont Christian Reformed Church ....” Reliance on this language is only valid, however, as long as LCRC had the authority to set up the Property Corporation and transfer ownership of the church property to the Property Corporation. If LCRC had no such authority, the provisions of the Property Corporation are void. See Blankespoor, supra at 352 (<HOLDING>). Our determination whether LCRC had such Options: A. holding that once a local church submits itself to the authority of a hierarchical denomination provisions of the denominations constitution override inconsistent provisions in a local churchs articles of association B. recognizing that provisions of the colorado constitution should be construed in the context of the constitution as a whole C. holding that the hearing provisions of the ina supersede the provisions of the apa D. holding that section 13c agreements do not override conflicting provisions of state law E. holding that the venue provisions of the bankruptcy act were superseded by the local action doctrine

assistant: The best answer is A. holding that once a local church submits itself to the authority of a hierarchical denomination provisions of the denominations constitution override inconsistent provisions in a local churchs articles of association
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 parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with its specific terms or otherwise breached. Accordingly, the parties shall be entitled to specific performance of the terms hereof, including an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity. Each of the parties hereby further waives (i) any defense in any action for specific performance that a remedy at Law would be adequate and (ii) any requirement under Law to post security or a bond as a prerequisite to obtaining equitable relief.

assistant: Specific Performance