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: course of a conspiracy. 9 . "In those cases,” one commentator has explained, "participation by two people ... is already indicated, so the social harm of a criminal combination has already been realized and punishment for conspiracy to do the same act would be an unfair doubling.” John L. Costello, Virginia Criminal Law and Procedure § 17.3, at 224 (3d ed.2002). 10 . Appellant further argues in her brief, as an aside, that the trial court’s denial of her request to allow a proffer for the record of Dr. Deem’s specific answers to her questions constitutes an independent ground for reversal. Because this issue was not presented in a "Question Presented" for which an appeal was granted, we do not address it here. See Parker v. Commonwealth, 42 Va.App. 358, 373, 592 S.E.2d 358, 366 (2004) (<HOLDING>). 11 . Hulbert had not yet been tried. Indeed, Options: A. holding court will generally not consider arguments presented for the first time on appeal B. recognizing that we will only consider those arguments presented in the petition for appeal and granted by this court C. holding that subject to limited exceptions this court will not consider issues not presented to the district court but raised for the first time on appeal D. holding that we do not consider arguments raised for the first time in a reply brief E. holding that we cannot properly receive and consider evidence that was not presented to and considered by the trial court

assistant: The best answer is B. recognizing that we will only consider those arguments presented in the petition for appeal and granted by this court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the provisions of the Plan, to which this Option Agreement is subject, this Option Agreement, together with the exhibits hereto, constitute the entire agreement between the Optionee and the Company with respect to Options granted hereunder, and supersedes all prior agreements, understandings and arrangements, oral or written, between the Optionee and the Company with respect to the subject matter hereof.

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: Each Credit Party hereby remises, releases, acquits, satisfies and forever discharges Lenders, its agents, employees, officers, directors, predecessors, attorneys and all others acting on behalf of or at the direction of Lenders, of and from any and all manner of actions, causes of action, suit, debts, accounts, covenants, contracts, controversies, agreements, variances, damages, judgments, claims and demands whatsoever, in law or in equity, which any of such parties ever had, or now has, to the extent arising from or in connection with any act, omission or state of facts taken or existing on or prior to the date hereof, against Lenders, its agents, employees, officers, directors, attorneys and all persons acting on behalf of or at the direction of Lenders (“ Releasees ”), for, upon or by reason of any matter, cause or thing whatsoever through the date hereof. Without limiting the generality of the foregoing, each Credit Party waives and affirmatively agrees not to allege or otherwise pursue any defenses, affirmative defenses, counterclaims, claims, causes of action, setoffs or other rights they have or may have as of the date hereof, including, but not limited to, the rights to contest any conduct of Lenders or other Releasees on or prior to the date hereof.

assistant: Releases
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: assumed the existence of a uniform body of substantive maritime law applicable throughout the county.”). Indeed, courts have observed repeatedly that maritime law is federal law. See e.g. Yamaha Motor Corp., U.S.A v. Calhoun, — U.S. -, - n. 8, 116 S.Ct. 619, 626 n. 8, 133 L.Ed.2d 578 (1996) (referring to “[t]he federal cast of admiralty law”); Tullier v. Halliburton Geophysical Svcs., Inc. et al., 81 F.3d 552, 553 n. 1 (5th Cir.1996) (referring to “federal maritime law”); Guevara v. Maritime Overseas Corp., 59 F.3d 1496, 1513 (5th Cir.1995) (referring to need for uniformity within “federal admiralty law’). Moreover, since the enactment of Rule 4(k)(2), several district courts have recognized its applicability to admiralty cases. See e.g. United Trading Co., 1996 WL 374154, at *3-*4 (<HOLDING>); Nissho Iwai Corp. v. M/V Star Sapphire et Options: A. holding that claims arising under admiralty law do fall within rule 4k2 rubric and criticizing district court in world tanker for its narrow reading of rule 4k2 B. holding that rule 4k2 does apply to admiralty cases C. holding that claims arising under the sixth amendment fall outside the jurisdiction of the court of federal claims D. holding that a party need not make a specific reference to rule 9h to fall under admiralty jurisdiction E. holding that courts apply substantive admiralty law to claims that sound in admiralty regardless of whether the complaint invokes diversity or admiralty jurisdiction

assistant: The best answer is A. holding that claims arising under admiralty law do fall within rule 4k2 rubric and criticizing district court in world tanker for its narrow reading of rule 4k2
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: Closing under this Agreement (the “ Closing ”) shall take place on or before September 26, 2016 (the “ Closing Date ”), or such earlier date, if any, as may be mutually agreed by Purchaser and Seller, at a downtown Chicago office of the Title Company.

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 case excerpt and choose the best holding from the options. Case excerpt: warrant [the officers] in believing that the area to be swept harbored] an individual posing a danger to those on the arrest scene” that would justify a protective sweep. Buie, 494 U.S. at 334, 110 S.Ct. 1093. Because the record clearly demonstrates that Lemus was arrested in an area “immediately adjoining” the living room, a limited search of that room was proper without either reasonable suspicion or probable cause as a protective search incident to the arrest. See id. According to Buie, a “protective search ‘incident to the arrest’” to protect the arresting officers from the danger of a surprise attack can be completed without reasonable suspicion or probable cause if two conditions are present. First, the area searched must “immediately adjoin[ ]” the area of arre (5th Cir.2006) (<HOLDING>); United States v. Thomas, 368 U.S.App.D.C. Options: A. holding that buie permitted the search of a bedroom fifteen feet down a hallway in which the suspect was arrested B. holding that under buie the second room in a tworoom apartment immediately adjoined the first room in which the suspect was arrested C. holding that buie permitted a search of an open storage unit when the suspect was arrested immediately outside D. holding that buie permitted a search of a small bedroom a few feet down the hallway from the bedroom in which the suspect was arrested E. recognizing that a protective search of a residence may be justified when the defendant is arrested outside of the home

assistant: The best answer is C. holding that buie permitted a search of an open storage unit when the suspect was arrested immediately outside
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 or demands by any party relating to this Agreement shall be made in writing as provided in the Note, and with respect to the Obligors other than the Debtor, such notices shall be delivered to the addresses indicated herein. Each party shall provide written notice to the other party of any change in address.

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 case excerpt and choose the best holding from the options. Case excerpt: Construction form was an earlier version than in the present case). See D. Wilson Constr., 196 S.W.3d at 777, 781; Teal Constr., 46 S.W.3d at 420. In fact, the Teal Construction contract used the exact same language of incorporation on its face as the contract in the present case. See Teal Constr., 46 S.W.3d at 420. Additionally, contrary to the trial court’s conclusion, there is no requirement that the signed contract specifically refer to the arbitration clause for the clause to be enforceable. In the above-cited cases, the courts held that incorporation of the entire separate document was sufficient to encompass an agreement to all its terms, inclu a standard AIA form readily identifiable from the contract and available from the AIA. See D. Wilson Constr. Co., 196 S.W.3d at 777 (<HOLDING>). And, the contract makes A201-1997 part of the Options: A. holding that a mere passing reference or even references however to a document outside the complaint does not on its own incorporate the document into the complaint itself citation omitted B. holding that courts should look at the notice afforded by a document rather than a litigants motivation in filing to determine whether a document constitutes a notice of appeal C. recognizing document a201 is a standard constructionindustry document published by the aia which details the parties respective rights responsibilities and relationships on the project D. holding that under the mailbox rule a pro se inmates document is deemed filed at the moment in time when the inmate loses control over the document by entrusting its further delivery or processing which is usually when the inmate places the document in the hands of prison officials E. holding that in connection with a motion to dismiss the court may consider a document not attached to the pleadings where the plaintiffs claim depends on the contents of a document the defendant attaches the document to its motion to dismiss and the parties do not dispute the authenticity of the document even though the plaintiff does not explicitly allege the contents of that document in the complaint

assistant: The best answer is C. recognizing document a201 is a standard constructionindustry document published by the aia which details the parties respective rights responsibilities and relationships on the project
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: Standards Enforcement v. Dillingham Constr., Inc., 519 U.S. 316,-, 117 S.Ct. 832, 838, 136 L.Ed.2d 791 (1997) (citations omitted). The Supreme Court has held that ERISA preempts state common law tort and contract causes of action asserting improper processing of a claim for benefits under an insured employee benefit plan. Pilot Life, 481 U.S. at 57. The detailed provisions of ERISA § 502(a) set forth a comprehensive civil enforcement scheme that “would be completely undermined if ERISA-plan participants and beneficiaries were free to obtain remedies under state law that Congress rejected in ERISA.” Id. at 54, 107 S.Ct. 1549. Similarly, we have held that state law tort and contract claims as well as violations of a state insurance statute are preempted by ERISA. Tingey, 953 F.2d at 1131 (<HOLDING>). In a factually similar case, we held that Options: A. holding that erisa preempts claims for breach of contract breach of duty of good faith and fair dealing and negligent misrepresentations B. holding plaintiffs causes of action for breach of contract breach of the duty of good faith and fair dealing intentional infliction of emotional distress and violations of the arizona insurance code were preempted by erisa C. holding that erisa 514a preempts claims for breach of contract breach of duty of good faith and fair dealing negligence and intentional infliction of emotional distress D. holding that a claim for intentional infliction of emotional distress was preempted where it was based on the same conduct as a preempted claim for breach of the covenant of good faith and fair dealing E. holding that the plaintiffs state common law causes of actions for breach of contract and breach of the duty of good faith and fair dealing as well as a statutory cause of action for unfair insurance practices under the california insurance code were preempted by erisa

assistant: The best answer is B. holding plaintiffs causes of action for breach of contract breach of the duty of good faith and fair dealing intentional infliction of emotional distress and violations of the arizona insurance code were preempted by erisa
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: asserts the Court of Appeals violated his right to procedural due process under the Fourteenth Amendment to the United States Constitution by denying his petition for rehearing prior to reviewing his timely reply to Bundy’s return to his petition for rehearing. He claims the remedy for this due process violation is for this Court to grant certiorari to review the decision of the Court of Appeals. We find this issue is moot as Shirley received the requested relief when this Court granted his petition for a writ of certiorari. See Curtis v. State, 345 S.C. 557, 549 S.E.2d 591 (2001) (stating that a case becomes moot when judgment, if rendered, will have no practical legal effect upon existing controversy); Waters v. S.C. Land Res. Conservation Comm’n, 321 S.C. 219, 467 S.E.2d 913 (1996) (<HOLDING>). However, even assuming the issue is proper Options: A. holding that actual controversy requirement is met where there is a substantial controversy between parties having adverse legal interests of sufficient immediacy and reality to warrant the issuance of a declaratory judgment B. recognizing need for justiciable controversy before a court can reach a deci sion on a particular issue C. holding that the case presented no justiciable controversy and that a review of the matter would render an improper advisory opinion D. recognizing that a justiciable controversy is a real and substantial controversy that is ripe and appropriate for judicial determination as opposed to a dispute or difference of contingent hypothetical or abstract character E. holding that any controversy as to whether the prerequisites of article iii section 50 have been met is ripe for judicial determination when the secretary of state makes a decision to submit or refuse to submit an initiative to the voters

assistant: The best answer is D. recognizing that a justiciable controversy is a real and substantial controversy that is ripe and appropriate for judicial determination as opposed to a dispute or difference of contingent hypothetical or abstract character
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to trademark owner and burden to infringer when determining whether product recall is appropriate remedy). Kidz-Med does not dispute the district court’s finding that a recall would require it to contact five retailers and would cost $95,000 to complete. See Tecnimed SRL v. Kidz-Med, Inc., 763 F.Supp.2d at 416. It complains that the district court did not weigh these facts against Kidz-Med’s precarious financial condition. In fact, the record shows that the district court specifically concluded that Kidz-Med should bear the costs despite its imminent insolvency because it had assumed the risk of a recall by intentionally keeping its non-contact thermometers on the market during this litigation’s pendency. See id.-, see also Perfect Fit Indus., Inc. v. Acme Quilting Co., 646 F.2d at 807 (<HOLDING>). 4. Conclusion We have considered Kidz-Med’s Options: A. holding that the defendants reference to the plaintiffs trademark in the metatags of the defendants web page was a violation of trademark law B. holding that defendants intentional acts to infringe plaintiffs trademark supported district courts recall order C. holding there is no continuing duty to repair or recall D. holding that the continued use of licensed trademark after termination of franchise agreement constituted trademark infringement and breach of contract E. holding that the record supported the district courts award of damages

assistant: The best answer is B. holding that defendants intentional acts to infringe plaintiffs trademark supported district courts recall order
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to carry on the business of banking.’ ” Id. (citing 12 U.S.C. § 24 Seventh). “To prevent inconsistent or intrusive state regulation from impairing the national system, Congress provided: ‘No national bank shall be subject to any visitorial powers except as authorized by Federal law[J” Id. (citing § 484(a)). Over the years, the United States Supreme Court has “repeatedly made, clear that federal control shields national banking from 03 (Miss. 1976) (“Unanimously, other state courts have' held that a statute, similar to Mississippi’s, prohibiting a foreign corporation not qualified to do business in the State from maintaining any action in any court of the State, does not apply to a national banking corporation.”); In re Hibernia Nat’l Bank, 21 S.W.3d 908, 909-10 (Tex. Ct. App. 2000) (<HOLDING>). As these cases demonstrate, “the iaw is Options: A. holding misrepresentation made by outofstate defendant to texas plaintiff who relied on it in texas satisfied requirement for jurisdiction under longarm statute based on commission of a tort in part in texas B. holding that the nba preempted a kentucky statute that re quired a national bank as a foreign corporation transacting business in the state to obtain a certificate of authority prior to maintaining suit in a kentucky court as it significantly impaired the banks exercise of authority under the nba C. holding that a florida statute requiring a foreign corporation to obtain a certificate of authority prior to transacting business in the state was preempted as it applied to national banks D. holding that an iowa statute requiring a foreign corporation to hold a certificate of authority to transact business in the state was preempted by the nba as the statute pertained to national banks because it infringed on the powers provided to national banks by the nba E. holding that the nba preempted application of a texas statute that would infringe on a national banks federally granted right to sue in any court as fully as natural persons by requiring the bank to obtain a certificate of authority before it could maintain a suit in texas

assistant: The best answer is E. holding that the nba preempted application of a texas statute that would infringe on a national banks federally granted right to sue in any court as fully as natural persons by requiring the bank to obtain a certificate of authority before it could maintain a suit in texas
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: U . Termination under this Article will discharge all obligations and liabilities of Boeing and Customer with respect to any aircraft and all related undelivered Materials (as defined in Exhibit B, Customer Support Document), training, services, and other things terminated under the applicable purchase agreement, [***]. If Customer terminates the applicable purchase agreement as to any aircraft, Boeing may elect, by written notice to Customer within 30 days, to purchase from Customer any BFE related to the aircraft at the invoice prices paid, or contracted to be paid, by Customer.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Phillips, 52 U.S.P.Q.2d at 1106. This seems to place the onus on the number of copyrights registered to determine the number of statutory damage awards. The court in Stokes Seeds Ltd. v. Geo. W. Park Seed Co., 783 F.Supp. 104, 107 (W.D.N.Y.1991), seems to take the same approach in holding that the plaintiff could get only a single statutory damage award for a book of photographs. The photographs constitute only one work, even though the photographs were separately copyrightable, because they were assembled into a collective whole and registered as a compilation. As in Phillips, the Stokes Seeds court seems to look only to the number of registrations and eschews the “independent copyright life” test. Id.; see also XOOM, Inc. v. Imageline, Inc., 93 F.Supp.2d 688, 693 (E.D.Va.1999) (<HOLDING>) However, other courts have just as clearly Options: A. holding that for a compilation or derivative work there should be only one award of statutory damages per registration B. holding that the maximum statutory damages available to plaintiffs under the fdcpa is limited to 100000 per plaintiff per proceeding C. holding that there can be only one final appealable order D. holding that the record supported the district courts award of damages E. holding a court may not award punitive damages

assistant: The best answer is A. holding that for a compilation or derivative work there should be only one award of statutory damages per registration
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, requests and demands to or upon the Administrative Agent, any Lender or any Guarantor shall be effected in the manner provided in Section 9.01 of the Credit Agreement; any such notice, request or demand to or upon any Guarantor shall be addressed to such Guarantor at its notice address set forth on Schedule 1 hereto.

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: Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents and other certain information that shall be publicly disclosed and disseminated upon the filing of the Current Report on Form 8-K required to be filed pursuant to Section 4.2, the Company confirms that neither it nor any other Person acting on its behalf has provided any of the Purchaser or their agents or counsel with any information that it believes constitutes or might constitute material, non-public information which is not otherwise disclosed in the Prospectus Supplement. The Company understands and confirms that the Purchaser will rely on the foregoing representation in effecting transactions in securities of the Company. All of the disclosure furnished by or on behalf of the Company to the Purchaser regarding the Company and its Subsidiaries, their respective businesses and the transactions contemplated hereby, including the Disclosure Schedules to this Agreement, is true and correct and does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. The press releases disseminated by the Company during the twelve months preceding the date of this Agreement taken as a whole do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made and when made, not misleading. The Company acknowledges and agrees that Purchaser makes or has made no representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in Section 3.2 hereof. Investor acknowledges and agrees that the Investor has not requested from the Company, and the Company has not delivered to the Investor, a private placement or similar memorandum or any “Risk Factors” or “Management’s Discussion and Analysis of Financial Condition and Results of Operations” of the type typically contained therein.

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: Each of Holdings, the Company, each Borrower and each Restricted Subsidiary owns, licenses or possesses the right to use, all of the rights to Intellectual Property that are reasonably necessary for the operation of its business as currently conducted, and, without conflict with the rights of any Person, except to the extent such conflicts, individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect. Holdings, the Company, any Borrower or any Restricted Subsidiary do not, in the operation of their businesses as currently conducted, infringe upon any Intellectual Property rights held by any Person except for such infringements, individually or in the aggregate, which could not reasonably be expected to have a Material Adverse Effect. No claim or litigation regarding any of the Intellectual Property owned by Holdings, the Company, any Borrower or any of the Restricted Subsidiaries is pending or, to the knowledge of Holdings and any Borrower, threatened in writing against Holdings, the Company, any Borrower or any Restricted Subsidiary, which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: omitted). First, Title VII proscribes any “unlawful employment practice,” which includes “any employment practice” in which the Plaintiffs’ “religion ..: was a motivating factor for” that practice. 42 U.S.C. § 2000e-2(m). According to the Complaint, the Defendants violated that statutory right by allegedly reassigning the Plaintiffs to lower coordinator and clerical positions, with the promise that their salaries would be cut in half at the end of their contracts, because of their Mormon religion. They violated the Plaintiffs’ constitutional right to equal protection of the laws under the Equal Protection Clause with the same conduct when, as pleaded, it was not based on any compelling interest. See, e.g., Colo. Christian Univ. v. Weaver, 534 F.3d 1245, 1257-58 (10th Cir.2008) (<HOLDING>)(citing, among others, Locke v. Davey, 540 U.S. Options: A. holding that nearly identical kansas statute did not violate equal protection clause when subjected to strict scrutiny B. recognizing harassment claim under equal protection clause based on sexual orientation C. holding that in light of engquist the equal protection clause does not apply to a public employee asserting a violation of the clause based on a class of one theory of liability D. holding that discrimination based on religion is subjected to strict scrutiny whether a claim arises under the establishment clause the free exercise clause of equal protection clause E. holding no violation of federal establishment clause

assistant: The best answer is D. holding that discrimination based on religion is subjected to strict scrutiny whether a claim arises under the establishment clause the free exercise clause of equal protection clause
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: proclaims [their] contents; [consequently,] the contents cannot fairly be said to have been removed from a searching officer’s view,” Robbins, 453 U.S. at 427, 101 S.Ct. 2841. Individuals, therefore, possess a lesser expectation of privacy in the contents of such containers when the container is observed from a lawful vantage point. There is some suggestion, however, that this does not end the inquiry of whether police may open the container without a warrant because the contents of a single-purpose container are not truly in plain view. In Arizona v. Hicks, the Court gave life to the idea that some lesser invasions of privacy might be justified without a warrant when part of the object is in plain view and police have probable cause to seize it. 480 U.S. at 325, 107 S.Ct. 1149 (<HOLDING>). The single-purpose nature of a container Options: A. holding that visible contraband in plain view within the apartment provided probable cause for an arrest of person found therein B. holding that an officers movement of stereo components to examine their serial numbers was a search within the meaning of the fourth amendment C. holding that observance of stereo turntable in plain view did not justify police moving turntable in order to read its serial number when they lacked probable cause D. holding that probable cause to believe the equipment was stolen was required to justify officers search of stereo found in plain view E. holding an officers movement of stereo equipment to view a serial number constituted a search under the fourth amendment

assistant: The best answer is C. holding that observance of stereo turntable in plain view did not justify police moving turntable in order to read its serial number when they lacked probable cause
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 tort; that will depend on whether the plaintiff can prove the elements of the tort of negligent infliction of emotional distress that we set out in this opinion. The extent to which tort claims could be disclaimed, liquidated or otherwise limited by contract is beyond the scope of this opinion. We note, however, that we generally permit exculpatory clauses so long as they do not purport to waive liability for gross negligence, fraud or other willful wrongful conduct. See Carleton v. Winter, 901 A.2d 174, 181 (D.C.2006). Such clauses may not be valid, however, in the context of transactions that affect the public interest. See Wolf v. Ford, 335 Md. 525, 644 A.2d 522, 525-26 (1994) (citing Tunk1 v. Regents of Univ. of Cal., 60 Cal.2d 92, 32 Cal.Rptr. 33, 383 P.2d 441, 495-46 (1963) (<HOLDING>)). 19 . Alabama does not recognize the separate Options: A. holding that public policy claims are unavailable where the statute in question provides the employee with a wrongful discharge remedy B. holding that release of patients claims for negligent and wrongful conduct in hospitals preadmission form was against public policy and not enforceable C. holding that claims for relief premised on alleged negligent wrongful or unauthorized conduct by the irs are based in tort and not within the jurisdiction of this court D. recognizing tort of wrongful discharge in violation of public policy E. holding that motorcycle training course is not a matter of public necessity and release does not violate public policy

assistant: The best answer is B. holding that release of patients claims for negligent and wrongful conduct in hospitals preadmission form was against public policy and not enforceable
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: Such Borrower and each of its Restricted Subsidiaries is in compliance with all laws, regulations and orders of any Governmental Authority applicable to it or its property, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term or other provision of this Agreement is determined by a nonappealable decision by a court, administrative agency or arbitrator to be invalid, illegal or incapable of being enforced by any rule of 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 contemplated hereby is not affected in any manner materially adverse to either Party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the court, administrative agency or arbitrator shall interpret this Agreement so as to affect the original intent of the Parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled to the fullest extent possible. If any sentence in this Agreement is so broad as to be unenforceable, the provision shall be interpreted to be only as broad as is enforceable.

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 legal provision and list the applicable contract clause categories. Provision: Except as described in the SEC Reports, or as set forth on Schedule 3.1(k) , there is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “ Action ”) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Shares or (ii) could, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer of the Company. The Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company will, and will cause each of the Subsidiaries to, execute any and all further documents, agreements and instruments, and take all further action that may be required under applicable law, or that the Required Lenders or the Administrative Agent may reasonably request, in order that the Guarantee Requirement shall be satisfied at all times.

assistant: Further Assurances
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: for any action at law or in equity relating to the arbitration provision of these terms of use , the excluded disputes or if you opt out of the agreement to arbitrate , you agree to resolve any dispute you have with instagram exclusively in a state or federal court located in santa clara , california , and to submit to the personal jurisdiction of the courts located in santa clara county for the purpose of litigating all such disputes .

assistant: 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: All interest, as well as fees and other charges calculated on a per annum basis, shall be computed for the actual days elapsed, based on a year of 360 days. Each determination by Agent of any interest, fees or interest rate hereunder shall be final, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate, refund or proration. All fees payable under Section 3.2 are compensation for services and are not, and shall not be deemed to be, interest or any other charge for the use, forbearance or detention of money. A certificate as to amounts payable by Borrowers under Section 3.4, 3.6, 3.7, 3.9 or 5.8 , submitted to Borrower Agent by Agent or the affected Lender shall be final, conclusive and binding for all purposes, absent manifest error, and Borrowers shall pay such amounts to the appropriate party within ten (10) days following receipt of the certificate.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent applicable, the Board or the Committee may at any time and from time to time amend, in whole or in part, any or all of the provisions of this Agreement to comply with applicable law and may also amend, suspend or terminate this Agreement subject to the terms of the Plan. Except as otherwise provided in the Plan, no modification or waiver of any of the provisions of this Agreement shall be effective unless in writing and signed by the party against whom it is sought to be enforced.

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: legal stipulation may result in transferring the adversary to an inappropriate venue under Title 28. “Federal courts are not courts of general jurisdiction; they have only the power that is authorized by Article III of the Constitution and the statutes enacted by Congress pursuant thereto.” Bender v. Williamsport Area Sch. Dist., 475 U.S. 534, 541, 106 S.Ct. 1326, 89 L.Ed.2d 501 (1986). Accordingly, a federal court must consider their authority “even though parties are prepared to concede it.” Id. (quoting Mitchell v. Maurer, 293 U.S. 237, 244, 55 S.Ct. 162, 165, 79 L.Ed. 338 (1934)). Parties cannot circumvent statutory re quirements, including venue requirements, through stipulations. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 471 n. 12, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985) (<HOLDING>). This Court must determine the proper venue of Options: A. holding that parties may stipulate to facts from which jurisdiction may be inferred B. holding that where jurisdiction was based on 28 usc 2201 venue was determined as per 28 usc 1391 C. holding that state prisoners must obtain a coa to appeal denials of 28 usc 2241 petitions D. holding that parties can stipulate that they were both parties to a contract and thus the real parties in interest even when one party did not sign the contract E. holding that parties could not stipulate a construction of state law to obtain jurisdiction inconsistent with 28 usc 12542 and prudential doctrines

assistant: The best answer is E. holding that parties could not stipulate a construction of state law to obtain jurisdiction inconsistent with 28 usc 12542 and prudential doctrines
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the parties hereto (a) consents to submit itself to the personal jurisdiction of federal or state courts of the State of New York in the event any dispute arises out of this Agreement or the transactions contemplated by this Agreement, (b) agrees that it shall not bring any action relating to this Agreement or the transactions contemplated by this Agreement in any court other than the federal or state courts of the State of New York, and each of the parties irrevocably waives the right to trial by jury, (c) agrees to waive any bonding requirement under any applicable law, in the case any other party seeks to enforce the terms by way of equitable relief, and (d) irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address of such party’s principal place of business or as otherwise provided by applicable law. Each of the parties hereto irrevocably waives, and agrees not to assert, by way of motion, as a defense, counterclaim or otherwise, in any action, suit or other legal proceeding with respect to this Agreement, (a) any claim that it is not personally subject to the jurisdiction of the above-named courts for any reason, (b) that it or its property is exempt or immune from jurisdiction of any such court or from any legal process commenced in such courts (whether through service of notice, attachment before judgment, attachment in aid of execution of judgment, execution of judgment or otherwise), and (c) to the fullest extent permitted by applicable law, that (i) such action, suit or other legal proceeding in any such court is brought in an inconvenient forum, (ii) the venue of such action, suit or other legal proceeding is improper or (iii) this agreement, or the subject matter hereof, may not be enforced in or by such court.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF THE PARTIES TO THIS AGREEMENT HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTION CONTEMPLATED HEREBY.

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 legal provision and list the applicable contract clause categories. Provision: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Credit Party hereby, for itself and its successors and assigns, fully and without reserve, releases, acquits, and forever discharges each Secured Party, its respective successors and assigns, officers, directors, employees, representatives, trustees, attorneys, agents and affiliates (collectively the “ Released Parties ” and individually a “ Released Party ”) from any and all actions, claims, demands, causes of action, judgments, executions, suits, debts, liabilities, costs, damages, expenses or other obligations of any kind and nature whatsoever, direct and/or indirect, at law or in equity, whether now existing or hereafter asserted, whether absolute or contingent, whether due or to become due, whether disputed or undisputed, whether known or unknown (INCLUDING, WITHOUT LIMITATION, ANY OFFSETS, REDUCTIONS, REBATEMENT, CLAIMS OF USURY OR CLAIMS WITH RESPECT TO THE NEGLIGENCE OF ANY RELEASED PARTY) (collectively, the “ Released Claims ”), for or because of any matters or things occurring, existing or actions done, omitted to be done, or suffered to be done by any of the Released Parties, in each case, on or prior to the Eleventh Amendment Effective Date and are in any way directly or indirectly arising out of or in any way connected to any of this Agreement, the Credit Agreement, any other Loan Document, or any of the transactions contemplated hereby or thereby (collectively, the “ Released Matters ”). Each Credit Party, by execution hereof, hereby acknowledges and agrees that the agreements in this Section 8 are intended to cover and be in full satisfaction for all or any alleged injuries or damages arising in connection with the Released Matters herein compromised and settled. Each Credit Party hereby further agrees that it will not sue any Released Party on the basis of any Released Claim released, remised and discharged by the Credit Parties pursuant to this Section 8. In entering into this Agreement, each Credit Party consulted with, and has been represented by, legal counsel and expressly disclaim any reliance on any representations, acts or omissions by any of the Released Parties and hereby agrees and acknowledges that the validity and effectiveness of the releases set forth herein do not depend in any way on any such representations, acts and/or omissions or the accuracy, completeness or validity hereof. The provisions of this Section 8 shall survive the termination of this Agreement, the Credit Agreement and the other Loan Documents and payment in full of the Obligations.

assistant: Releases