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: at the Defendant’s facility until 4:00 p.m. (Id. at ¶ 11.) Considering the substance of the Plaintiffs work was done off the Defendant’s premises, but he did have to report to the Defendant’s premises, the Court finds that this factor “do[es] not meaningfully cut in favor of either the conclusion that the worker [was] an employee or the conclusion that he ... [was] an independent contractor.” Eisenberg, 237 F.3d at 114. e.Duration of the Relationship The Plaintiff began driving for the Defendant in September 2004 under a one-year contract, which was renewable for successive one-year terms. In the Court’s view, this factor weighs in favor of finding that the Plaintiff was an independent contractor. Clesi v. Zinc Corp., No. 5:01-CV-374, 2001 WL 1223456, at *4 (N.D.N.Y. Oct. 11, 2001) (<HOLDING>). f.Hiring Party’s Right to Assign Additional Options: A. holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous B. holding that the condominium association was not a thirdparty beneficiary of contracts between the owner and contractor of the condominium building and between the general contractor and the subcontractors C. holding that even though the relationship lasted over a six year period the yeartoyear contracts between the parties weighed in favor of independent contractor D. holding that duty to ensure that independent contractor performs its work in safe manner arises if the general contractor retains some control over the manner in which the independent contractor performs its work E. holding that putative employers control over result but not manner in which work was performed is factor that weighs in favor of independent contractor status

assistant: The best answer is C. holding that even though the relationship lasted over a six year period the yeartoyear contracts between the parties weighed in favor of independent contractor
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall defend, indemnify and hold harmless Bank and its officers, employees, and agents against: (a) all obligations, demands, claims, and liabilities claimed or asserted by any other party in connection with the transactions contemplated by this Agreement or any other Loan Document; and (b) all losses or Bank Expenses in any way suffered, incurred, or paid by Bank, its officers, employees and agents as a result of or in any way arising out of, following, or consequential to transactions between Bank and Borrower whether under this Agreement, or otherwise (including, without limitation, reasonable attorneys’ fees and expenses), except for losses caused by Bank’s gross negligence or willful misconduct.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: marshals, and presenting the testimony of Dr. Ketroser. During closing argument, the defense spent substantial time discussing and attacking the reliability of the laboratory test results. The test results became a central and critical focus of the defense, which argued that if the state did not prove that the victim died from carbon-monoxide poisoning, then the jury must find appellant not guilty of felony murder and guilty of some lesser offense. The state argues on appeal that the defense focus on the cause of death was irrelevant because the jury was properly instructed that it need only find that appellant caused the victim’s death while “committing or attempting to commit” arson. The state appears to be correct on the law. See State v. Nielsen, 467 N.W.2d 615, 618 (Minn.1991) (<HOLDING>). But the prosecutor did not present this Options: A. holding the state must prove that at the time of the homicide the defendant was engaged in the commission of the felony B. holding that the crime of rape is a lesser included offense of the crime of felony murder in the perpetration of rape and that since the latter crime included all of the elements of the former consecutive sentences were therefore improper C. holding that felonymurder rule applies whenever felony and homicide are parts of one continuous transaction and rejecting defendants argument that he should have been acquitted of felony murder because rape was afterthought to homicide and the autopsy did not disclose whether rape took place before or after death D. holding that a defendant may be convicted of felony murder when the death of his accomplice was a reasonably foreseeable result of their commission of a felony E. holding that reversal of conviction for felony murder was required where jury failed to find the defendant guilty of the underlying felony as essential element of the felony murder offense

assistant: The best answer is C. holding that felonymurder rule applies whenever felony and homicide are parts of one continuous transaction and rejecting defendants argument that he should have been acquitted of felony murder because rape was afterthought to homicide and the autopsy did not disclose whether rape took place before or after 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 legal provision and list the applicable contract clause categories. Provision: If the Term Facility is increased in accordance with this Section, the Administrative Agent and the Borrowers shall determine (i) the final allocation of such increase among Increasing Term Lenders and Schedule 2.01 shall be automatically updated to reflect the same and (ii) the effective date (the “ Term Loan Increase Effective Date ”) of any such increase. The Administrative Agent shall promptly notify the Company and the Term Lenders of the final allocation of such increase and the Term Loan Increase Effective Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Thus, in fact, under this record only about $350 of the surplus remains in the household budget that could be attributed to the debtor’s income. This analysis is supported by the following cases: In re Innes, 284 B.R. 496, 507-08 (D.Kan.2002) (“[T]he bankruptcy court correctly considered all of [the non-debtor spouse’s] disposable income and applied the proportionate share of her income to the family’s essential or basic living expenses. To require her to do more would essentially force her (or her children) to pay debts for which she is not liable and support [the debtor husband] while being denied the right to apply some of her income to reasonable non-luxury items, such as the children’s education, and a modest retirement fund.”); In re Berndt, 127 B.R. 222, 225 (Bankr.D.N.D.1991) (<HOLDING>). The strongest case in support of the Options: A. holding that a debtor has primarily consumer debts if the aggregate amount of consumer debt is more than 50 of the total debt B. holding that a debtor was not acting in bad faith when he converted a case under chapter 7 to a case under chapter 13 for the purpose of discharging a debt for fraud but it was a fact which could be considered C. holding in a chapter 7 consumer debt case the nondebtor spouses income is not rendered liable for the debts of the debtor but rather is simply considered in determining whether the debtor himself has available discretionary income by virtue of the fact that he and the nondebtor spouse share a joint household D. holding that where a married debtor files an individual bankruptcy case and claims the 522b3b tbe exemption the debtor indirectly obtains the benefit of floridas constitutional homestead protection by virtue of the nondebtor spouses ability to claim the homestead exemption E. holding that the code excepts from discharge debts resulting from agreements by the debtor to hold the debtors spouse harmless on joint debts to the extent those debts are in the nature of alimony maintenance or support

assistant: The best answer is C. holding in a chapter 7 consumer debt case the nondebtor spouses income is not rendered liable for the debts of the debtor but rather is simply considered in determining whether the debtor himself has available discretionary income by virtue of the fact that he and the nondebtor spouse share a joint household
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: Neither the Company nor any Person acting on its behalf has provided the Investors (other than any Investor that is a director or officer of the Company) or their agents or counsel with any information that constitutes or might constitute material, non-public information, other than the terms of the transactions contemplated hereby. The written materials delivered to the Investors in connection with the transactions contemplated by the Transaction Documents do not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements contained therein, in light of the circumstances under which they were made, not misleading.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice delivered under this Agreement shall be deemed duly delivered three (3) business days after it is sent by registered or certified mail, return receipt requested, postage prepaid, or one (I) business day after it is sent for next-business day delivery signature required via a reputable nationwide overnight courier service, in each case to the address of the recipient set forth in the introductory paragraph hereto. Either party may change the address to which notices are to be delivered by giving notice of such change to the other party in the manner set forth in this Section 8.

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: The Executive hereby covenants and agrees that the Executive shall not, directly or indirectly, make or solicit or encourage others to make or solicit any disparaging remarks concerning the Company or its affiliates, or any of its products, services, businesses or activities; provided that the foregoing restriction shall not prevent truthful testimony compelled by valid legal process.

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 case excerpt and choose the best holding from the options. Case excerpt: case in which the trial court makes no specific findings of fact, a party must move for a new trial or otherwise properly raise before the trial court the question relating to the sufficiency or weight of the evidence in order to preserve that question for appellate review.” ■ The trial court made no specific findings of fact in the divorce judgment, and the husband did not raise this issue in his postjudgment motion; therefore, the issue was not properly preserved for appellate review. Moreover, even if the husband had properly preserved this issue, we note that the evidence was sufficient to sustain an award of periodic alimony. This court has held: “A divorcing spouse is not automatically entitled to periodic alimony, Beckwith v. Beckwith, 475 So.2d 575, 577 (Ala.Civ.App.1985) (<HOLDING>), but the decision whether to award periodic Options: A. holding that exhaustion is mandatory and jurisdictional B. holding that periodic alimony is not mandatory C. holding that the periodic characteristic disabling manifestation is part of the underlying recognized disability D. holding that the statute is mandatory E. holding that application note 6 is not mandatory

assistant: The best answer is B. holding that periodic alimony is not mandatory
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: Inc., 731 F.3d 592, 599 (6th Cir.2013); see also Capriotti v. Con-sol. Rail Corp., 878 F.Supp. 429, 434 (N.D.N.Y.1995) (“Under a negligence per se theory, if a plaintiff proves that a statutory violation has occurred[,] he need not prove the traditional negligence elements of foreseeability, duty[,] and breach, but he is still required to prove causation.”). The standard for causation under FELA leans favorably to the injured employee, requiring juries to be instructed that “a defendant railroad ‘caused or contributed to’ a railroad worker’s injury ‘if [the railroad’s] negligence played a part— no matter how small — in bringing about the injury.’ ” McBride, 131 S.Ct. at 2644 (alteration in original); see also Urie v. Thompson, 337 U.S. 163, 181, 69 S.Ct. 1018, 93 L.Ed. 1282 (1949) (<HOLDING>). Thus, in order to prove the element of Options: A. holding when ordinance language is clear courts must give language its plain meaning B. holding that when language is exactly the same in two statutory provisions the meaning of that language is also identical C. holding that an agency is not required to undertake a search that is so broad as to be unduly burdensome D. recognizing that felas language on causation is as broad as could be framed E. recognizing that duty to warn of dangerous conditions could be based on constructive knowledge of that condition as well as actual knowledge

assistant: The best answer is D. recognizing that felas language on causation is as broad as could be framed
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: Unless earlier terminated pursuant to Sections 9.2, the term of this Agreement shall be for the period of time beginning on the Effective Date and ending on the expiration date of the longest-lived Licensed Intellectual Property (the “ Term ”) .

assistant: Terms
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: motion currently before us on appeal followed. In it, Saikaly challenges the quantity of drugs attributed to him for purposes of sentencing and the criminal history category established pursuant to the Sentencing Guidelines. We will not review on appeal claims presented in § 2255 habeas proceedings that were not presented previously on direct appeal. See Chandler v. Jones, 813 F.2d 773, 777 (6th Cir.1987) (“It is a well-established principle of appellate review that appellate courts do not address claims not properly presented below.... [T]his court relie[s] on this principle in rejecting attempts by habeas petitioners to assert new claims on appeal not presented in their petition or proceedings below.”). See also United States v. Vaughn, 955 F.2d 367, 368 (5th Cir.1992) (per curiam) (<HOLDING>). The issues regarding the quantity of drugs Options: A. holding that this court follows the rule that nonconstitutional sentencing errors that have not been raised on direct appeal have been waived and generally may not be reviewed by way of 28 usc 2255 B. holding that nonconstitutional claims that could have been raised on direct appeal may not be asserted in a collateral proceeding C. holding that claims not properly raised on direct appeal will not be considered as a basis for collateral relief D. holding that courts may review nonconstitutional claims E. holding that an ineffectiveassistanceofcounsel claim may be brought in a collateral proceeding under 2255 whether or not the petitioner could have raised the claim on direct appeal

assistant: The best answer is B. holding that nonconstitutional claims that could have been raised on direct appeal may not be asserted in a collateral proceeding
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Because the testimony at issue was not hearsay under Rule 801(c), we need not consider whether it qualified as a Rule 801(d)(2)(A) exception to the hearsay rule. Simmons’ prior testimony was not introduced for the truth of what Simmons asserted. Fed.R.Evid. 801(c) (“‘Hearsay’ is a statement ... offered in evidence to prove the truth of the matter asserted.”). Out-of-court statements are not hearsay when “the point of the prosecutor’s introducing those statements was simply to prove that the statements were made so as to establish a foundation for later showing, through other admissible evidence, that they were false”. Anderson v. United States, 417 U.S. 211, 219-20, 94 S.Ct. 2258, 41 L.Ed.2d 20 (1974) (footnote omitted); see also United States v. Meyer, 733 F.2d 362, 363 (5th Cir.1984) (<HOLDING>). The Government proffered Simmons’ prior Options: A. recognizing while presence is not enough consciousness of guilt may be inferred based on a defendants behavior B. holding criminal acts designed to reduce the likelihood of conviction including threats against witnesses are admissible under rule 404b as showing consciousness of guilt C. holding that evidence of threats or intimidation of a witness is admissible under rule 404b to show consciousness of guilt D. holding defendants false exculpatory statements admissible to show consciousness of guilt E. recognizing that defendants attempt to persuade a witness to make false exculpatory statements is probative of guilty knowledge and intent

assistant: The best answer is D. holding defendants false exculpatory statements admissible to show consciousness of guilt
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: then advised Captain Bell of the positive identification, which formed the basis of Bell’s decision to arrest Plaintiff. (3) Plaintiff contends that the district court erred, as a matter of law, in rejecting expert opinion testimony on whether the police investigation was adequate to establish probable cause. As the district court explained, however, the existence of probable cause is a question of law that is not properly the subject of expert testimony. See United States v. Bilzerian, 926 F.2d 1285, 1294 (2d Cir.1991) (“As a general rule an expert’s testimony on issues of law is inadmissable.”). “Whereas an expert may be uniquely qualified by experience to assist the trier of fact, he is not qualified to compete with the judge----” Hygh v. Jacobs, 961 F.2d 359, 364 (2d Cir.1992) (<HOLDING>); cf. Stuart v. United States, 28 F.3d 1483, Options: A. holding that apprehension by the use of deadly force is a seizure B. holding that the district court should have excluded expert testimony in an excessive force case where the expert testified that defendants conduct was not justified or warranted under the circumstances and totally improper noting that the experts opinions merely told the jury what result to reach C. holding that expert testimony on what constitutes deadly physical force and whether the use of force was justified should have been excluded D. holding that where the plaintiffs evidence supported a finding that the defendants had applied force to restrain him the jury must determine not only whether the officers were justified in using force at all but if so whether the degree of force actually used was reasonable E. recognizing that an arrest requires either physical force or where physical force is absent submission to the assertion of authority

assistant: The best answer is C. holding that expert testimony on what constitutes deadly physical force and whether the use of force was justified should have been excluded
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, THE AGREEMENT (AS MODIFIED HEREBY), AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN BORROWER, GUARANTOR AND BANK RELATED TO THE SUBJECT MATTER HEREIN CONTAINED AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement (including the recitals and exhibits hereto), the agreements, documents and instruments to be executed and delivered pursuant hereto or referred to herein, are intended to embody the final, complete and exclusive agreement between the parties with respect to matters set forth herein and any related transactions; are intended to supersede all prior agreements, understandings and representations written or oral, with respect thereto; and may not be contradicted by evidence of any such prior or contemporaneous agreement, understanding or representation, whether written or oral.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the investigation, expended minimal effort to obtain Scott’s supplemental statement: Jackson did not try to reschedule the interview, tell Scott there was a deadline of any kind, or even return her calls. Furthermore, the ALJ’s finding that Scott “jeopardized [BRA’s] opportunities to provide continued contract services with the District Government for mentally and physically challenged individuals” is not supported by substantial evidence. There is no evidence that BRA’s contract or li cense was jeopardized. So far as appears, BRA submitted a satisfactory report of its investigation to DDS within the required time frame and the matter was closed. Further, Scott’s conduct pales in comparison to cases in which this Court has upheld findings of gross misconduct. As in Ode 89-90 (D.C.2008) (<HOLDING>); Rodriguez v. Filene’s Basement Inc., 905 A.2d Options: A. holding that although the employer had discretion to make a for cause determination the employment contract between the former presidentchief executive officer and the defendant employer did not constitute an erisa plan because administration of the benefits required only a single discretionary decision B. holding in a case in which the alj found the employer had failed to establish a rule violation under 7 dcmr 3127 but nevertheless determined the employer had established the employees gross misconduct that because there was scant evidence as to the employers written requirements pertaining to employee behavior this court could not conclude that there was substantial evidence that the employee had violated the employers rules in a manner that amounts to gross misconduct under 7 dcmr 3123 C. holding that the employer had not demonstrated the employee was discharged for gross misconduct because the conduct was an isolated incident and the employer did not try to show that its staffing ability had suffered serious or indeed any consequences as a result of the employees conduct D. holding that correctional officers contacting of inmate housed in correctional facility other than the one the officer staffed did not constitute gross misconduct because employer had not shown the officer deliberately or willfully violated an unambiguous and consistentlyenforced employer rule E. holding that the modern view respecting actionable intentional misconduct by the employer is that it must be alleged and proved that the employer acted deliberately with the specific intent to injure the employee

assistant: The best answer is D. holding that correctional officers contacting of inmate housed in correctional facility other than the one the officer staffed did not constitute gross misconduct because employer had not shown the officer deliberately or willfully violated an unambiguous and consistentlyenforced employer rule
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, along with the Amended Guaranty, shall constitute the full and entire understanding and agreement between the Parties with regard to the subjects hereof and thereof, and any and all other written or oral agreements existing between the Parties hereto are expressly canceled.

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: 9.1 with the exception of content submitted to the service by you , all other content on the service is either owned by or licensed to youtube , and is subject to copyright , trade mark rights , and other intellectual property rights of youtube or youtube 's licensors .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be amended or modified by the Corporation at any time. Notwithstanding the foregoing, no amendment or modification that is adverse to the rights of Grantee as provided by this Agreement shall be effective unless set forth in a writing signed 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 case excerpt and choose the best holding from the options. Case excerpt: court’s granting of motion to dismiss). A trial court abuses its discretion if it acts in an arbitrary or unreasonable manner or without reference to any guiding rules or principles. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex.1985). However, a trial court has no discretion in determining what the law is or in applying the law to the facts. Walker v. Packer, 827 S.W.2d 833, 840 (Tex.1992); Baylor Univ. Med. Ctr. v. Biggs, 237 S.W.3d 909, 916 (Tex.App.-Dallas 2007, pet. denied). Therefore, when the issues are purely questions of law, as here, we effectively conduct a de novo review. See Pallares v. Magic Valley Elec. Coop., Inc., 267 S.W.3d 67, 69-70 (Tex.App.-Corpus Christi 2008, pet. refd); see also Johnson v. City of Fort Worth, 774 S.W.2d 653, 656 (Tex.1989) (<HOLDING>). III. Analysis By his sole issue, Dr. Salinas Options: A. holding that the function of the trial court on a motion for summary judgment is to determine whether issues of fact exist and not to decide the merits of the issues themselves B. holding that issues of discriminatory intent and actual motivation are questions of fact for the trier of fact C. holding that courts must decide pure questions of statutory construction D. holding that claim construction is an issue of law for the court not a question of fact for the jury E. holding that matters of statutory construction are questions of law for the court to decide rather than issues of fact

assistant: The best answer is E. holding that matters of statutory construction are questions of law for the court to decide rather than issues of fact
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 PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY OTHER CREDIT DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at 786. “ ‘While no single piece of evidence may be sufficient, the “combined force of many concurrent and related circumstances, each insufficient in itself, may lead a reasonable mind irresistibly to a conclusion.” ’ ” Derr v. Commonwealth, 242 Va. 413, 425, 410 S.E.2d 662, 669 (1991) (quoting Stamper v. Commonwealth, 220 Va. 260, App. 219, 222, 391 S.E.2d 340, 341 (1990) (noting that if the quantity of drugs possessed is greater than that ordinarily possessed for personal use, that fact alone may be sufficient to prove intent; however, where the quantity is small, the fact finder may infer the drugs were intended for personal use)); 3) presence or absence of drug paraphernalia for personal use (see Welshman v. Commonwealth, 28 Va.App. 20, 37, 502 S.E.2d 122, 130 (1998) (en banc) (<HOLDING>)); 4) expert testimony (see Askew v. Options: A. holding no unfair prejudice from admission of conviction for possession of 50 to 200 pounds of marijuana with intent to distribute as evidence of intent to distribute cocaine B. holding evidence of plastic jeweler bags together with drug ledger amount of drugs and lack of paraphernalia to consume drugs was sufficient to support jurys finding of intent to distribute and absence of money and digital scales was not outcome determinative in light of other evidence C. holding that evidence of a 10yearold drug conviction was properly admitted to show intent in a prosecution for possession with intent to distribute D. holding that a reputation for sobriety from drugs and alcohol is pertinent to the charge of possession of drug paraphernalia because intent to use is an element of the offense E. recognizing the absence of drug paraphernalia suggestive of personal use as evidence of an intent to distribute

assistant: The best answer is E. recognizing the absence of drug paraphernalia suggestive of personal use as evidence of an intent to distribute
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 Company at any time proposes to conduct an Underwritten Offering of its equity securities for its own account or for the account of any other Persons (other than an offering and sale to employees or directors of the Company pursuant to any employee stock plan or other employee benefit plan arrangement) (an “ Issuer Public Sale ”), then, as soon as practicable (but in no event less than fifteen (15) days prior to the proposed date of such Issuer Public Sale), the Company shall give written notice (a “ Piggyback Notice ”) of such proposed Issuer Public Sale to all the Holders of Registrable Securities. The Piggyback Notice shall offer Holders of Registrable Securities the opportunity to include in such Issuer Public Sale the number of Registrable Securities as they may request in writing; provided that each Piggyback Request (as defined below) must include at least a number of Registrable Securies equal to the lesser of (a) Registrable Securities with an aggregate value of at least $10 million at the time of such Piggyback Request and (b) all of such Holder’s remaining Registrable Securities, unless such Holder is otherwise permitted to sell its Registrable Securities pursuant to Rule 144 under the Securities Act without volume limitations or other restrictions on Transfer thereunder. The Company shall use commercially reasonable efforts to include in each such Issuer Public Sale such Registrable Securities for which the Company has received written requests for inclusions therein (“ Piggyback Request ”) within three (3) Business Days after sending the Piggyback Notice. Each Holder of Registrable Securities shall be permitted to withdraw all or part of such Holder’s Registrable Securities from an Issuer Public Sale, and such Holder shall continue to have the right to include any Registrable Securities in any subsequent Issuer Public Sale, all upon the terms and conditions set forth herein; provided that such withdrawal request must be made in writing prior to the initial offer of securities in the Issuer Public Sale.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Judge. James Perez appeals his judgments and sentences for armed home invasion robbery, armed burglary, and false impersonation of a law enforcement officer during the commission of a felony. Mr. Perez committed 01) (<HOLDING>); Weiss v. State, 720 So.2d 1113 (Fla. 3d DCA Options: A. holding that all convictions under wisconsin sexual assault statute were not per se convictions for crimes of violence B. holding that an information charging defendant with offense of burglary that alleged that the defendant had committed an assault was not defective for failing to further allege specific facts that constituted assault C. holding that the state conceded that appellants convictions for both home invasion robbery and burglary with an assault were improper D. holding convictions for burglary of a dwelling with assault or battery and home invasion robbery violated double jeopardy and section 7750214b because burglary of a dwelling was subsumed by the home invasion robbery offense E. holding that the defendants homeinvasion robbery conviction violated double jeopardy because it arose from the same incident as the defendants burglary with an assault or battery conviction

assistant: The best answer is C. holding that the state conceded that appellants convictions for both home invasion robbery and burglary with an assault were improper
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 other provision of this Agreement is invalid, illegal or incapable of being enforced because of any Law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the Transactions is not affected in any manner materially adverse to any party hereto. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the Transactions be consummated as originally contemplated to the greatest extent possible.

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: by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail. Mathews, 424 U.S. at 335, 96 S.Ct. at 903; accord Zinermon, 494 U.S. at 127, 110 S.Ct. at 984; Cleveland Bd. of Education v. Loudermill, 470 U.S. 532, 542-43, 105 S.Ct. 1487, 1493, 84 L.Ed.2d 494 (1985). The Court has also applied the Mathews balancing test to the adequacy of notice. See Memphis Light, Gas and Water Div. v. Craft, 436 U.S. 1, 14 & n. 15, 98 S.Ct. 1554, 1563 & n. 15, 56 L.Ed.2d 30 (1978) (<HOLDING>); Goss v. Lopez, 419 U.S. 565, 579, 95 S.Ct. Options: A. holding that its flexible approach to due process taking account of private interests the potential for reducing erroneous deprivations and the costs of procedures needed to reduce errors applies to evaluations of notice as well as the procedures at a hearing B. holding that procedures adopted by the state to guide its parole release determinations are not themselves liberty interests entitled to constitutional due process protection C. holding that a court should consider the private interests of the parties including their convenience and the convenience of potential witnesses as well as other publicinterest concerns such as systemic integrity and fairness which come under the rubric of interests of justice D. holding that procedures that were available to the employees after the implementation of the rif guideline provided such protection of their rights that the absence of a pretermination hearing alone was not violative of due process E. holding california postdeprivation recovery procedures satisfy due process despite lack of notice to claimant of recovery procedures

assistant: The best answer is A. holding that its flexible approach to due process taking account of private interests the potential for reducing erroneous deprivations and the costs of procedures needed to reduce errors applies to evaluations of notice as well as the procedures at 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: This Agreement shall be governed by and construed in accordance with the laws of the United States of America and the State of New York, both substantive and remedial, without regard to New York conflicts of law principles. Any judicial proceeding brought against either of the parties to this Agreement or any dispute arising out of this Agreement or any matter related hereto shall be brought in the courts of the State of New York, New York County, or in the United States District Court for the Southern District of New York and, by its execution and delivery of this Agreement, each party to this Agreement accepts the jurisdiction of such courts. The foregoing consent to jurisdiction shall not be deemed to confer rights on any person other than the parties to this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: statement listed the collateral as shown on the security agreement. On April 21, 1986, Mr. Gillie signed a note in the amount of $6,166.02, including interest at 17.77% per annum payable to the Bank in 42 monthly installments of $146.81 each. The amount financed included credit life and credit health and accident premiums in the amount of $316.90. The noted listed “Table, Chairs, and Entertainment Center” as security for the loan. The note also recited the June 19, 1985 security agreement as security for the loan. Mr. Gillie signed no Security Agreement or Financing Statement. Although the Bank stamped the note signed by Mrs. Gillie “PAID BY RENEWAL”, the note signed by Mr. Gillie did not recite that it renewed or extended the note signed by M ), 9 B.R. 710 (Bankr.M.D.Ga.1981) (<HOLDING>). Disagreeing with Matthews are courts from the Options: A. holding that where a security agreement contained collateral other than collateral for which creditor advanced funds to debtor since it secured antecedent debts as well as new debt and the agreement provided that the security interest secured payment and performance of the debtors present and future debts to the creditor the creditor did not have a pmsi and the debtors could avoid the creditors lien on collateral claimed as exempt B. holding that property seized by a creditor prior to debtors bankruptcy was property of the estate even though creditor the irs held a secured interest a tax lien in the property C. holding that the secured creditor was only entitled to the amount of its claim as provided in the debtors chapter 13 plan when the destruction of the vehicle yielded insurance proceeds greater than the secured creditors claim D. holding that under colorado law refinancing of a purchase money loan whereby an old note and security agreement were canceled and replaced by a new note and security agreement did not automatically extinguish the creditors pmsi in the debtors furniture the parties did not intend the new note to extinguish the original debt and security interest in that identical collateral remained almost no new money was advanced and the document specifically stated an intent to continue the pmsi E. holding a secured creditor has standing to appeal a ruling that impacted its financial interest in collateral

assistant: The best answer is A. holding that where a security agreement contained collateral other than collateral for which creditor advanced funds to debtor since it secured antecedent debts as well as new debt and the agreement provided that the security interest secured payment and performance of the debtors present and future debts to the creditor the creditor did not have a pmsi and the debtors could avoid the creditors lien on collateral claimed as exempt
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 employment of the Executive by the Company under this Agreement shall commence as of the Effective Date and continue until the first anniversary of the Effective Date (the “ Term ”) and this Agreement shall terminate as of the last day of the Term (the “ Expiration Date ”). Following the Expiration Date, the Executive may continue his employment with the Company as an “at will” employee in the position set forth in Paragraph 3 and/or such other position as assigned by the Company. For the avoidance of doubt, the expiration of this Agreement shall not result in the Executive’s termination of employment.

assistant: Terms
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 executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. This Agreement may also be executed and delivered by facsimile signature and in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

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: 1.1. For a period of three (3) years from the date of entering in to this Agreement, not to disclosure any Information or Item, in any manner whatsoever, directly or indirectly, whether in whole or in part, without the prior written consent of Disclosing Party, to any individual, firm or entity, excepting solely an individual who (a) is an officer, director or employee of Disclosing Party or of the Recipient and (b) has a clear need to know for purposes directly related to the Matter. You agree that you will only discuss the Matter with Mr. Al Weber, Chief Executive Officer, or Mr. Thomas V. Gilboy, Chief Financial Officer of the Disclosing Party. Under no circumstances will you discuss the Matter, or admit that the Matter has been a topic of discussion with any other employees of the Disclosing Party, or any other third party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in Schedule 2.1(c) , the Company owns, of record and beneficially, one hundred percent (100%) of the issued shares of capital stock and other securities of each of the other Acquired Companies. Except for the equity interests identified in Schedule 2.1(c) , none of the Acquired Companies owns, beneficially or otherwise, any shares or other securities of, or any direct or indirect equity interest in, any Entity. None of the Acquired Companies has (i) agreed or is obligated to make any future investment in or capital contribution to any Entity or (ii) guaranteed or is responsible or liable for any obligation of any Entity.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything to the contrary contained herein, except as provided in Section 6.04 and as provided in the provisions of this Agreement concerning the resignation of the Servicer, this Agreement may not be assigned by the Servicer.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of Section 12.03 shall survive any cancellation, termination or expiration of this Agreement and shall remain in full force and effect until such time as the applicable statute of limitation shall cut off all demands, claims, actions, damages, losses, liabilities or expenses which are the subject of the provisions of this Section 12.03 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any fees of Merrill Lynch, the Administrative Agent and the Lenders required to be paid on or before the Closing Date shall have been paid to the extent the Borrower has received an invoice therefor at least two days prior to the Closing Date (it being understood that at the Borrower’s election, payment of such fees to the Administrative Agent on behalf of the Administrative Agent, the Arrangers and the Lenders may constitute payment under this Section 5.01(f) .

assistant: Fees