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: and the defendant is a central, often dispositive issue in these “he said, she said” trials, the rules of evidence should be used sparingly to exclude relevant, otherwise admissible evidence that might bear upon the credibility of either party. Id. We review the trial court’s decision to bar the admission of evidence for an abuse of discretion. Miller v. State, 36 S.W.3d 503, 507 (Tex.Crim.App.2001); Weatherred v. State, 15 S.W.3d 540, 542 (Tex.Crim.App.2000). To preserve error, including a constitutional error, for appellate review, the appellant must make a timely, specific objection to the trial court and obtain a ruling on the objection. Tex.R.App. P. 33.1; Turner v. State, 805 S.W.2d 423, 431 (Tex.Crim.App.1991); see Briggs v. State, 789 S.W.2d 918, 924 (Tex.Crim.App.1990) (<HOLDING>). The point of error on appeal must correspond Options: A. holding that defendant waived his confrontation rights by threatening witness not to testify B. holding errors based on the constitutional rights to confrontation and due process may be waived by failure to object at trial C. holding claimed errors waived for failure to timely object D. holding that failure to object to trial court about violations of federal and state due process waived appellate review of those claims E. holding complaint that sentence violated equal protection was waived because of failure to object at trial

assistant: The best answer is B. holding errors based on the constitutional rights to confrontation and due process may be waived by failure to object at trial
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the “discovery rule” to cases beyond those where the defendant actively sought to prevent the discovery of the malfeasance, we did not eradicate the rule’s additional objective of benefitting those individuals who were unaware of their injuries due to no fault of their own. The counter-vailing consideration of whether the prospective plaintiff “knew or should have known” through the exercise of reasonable diligence of his injury has always been closely intertwined with the “discovery rule.” See Harrison v. Seltzer, 165 W.Va. 366, 371, 268 S.E.2d 312, 314 (1980) (stating that inquiry is “whether the injured plaintiff was aware of the malpractice or, by the exercise of reasonable care, should have discovered it”); Syl. Pt. 2, Hill v. Clarke, 161 W.Va. 258, 241 S.E.2d 572 (1978) (<HOLDING>). This critical element of the “discovery rule” Options: A. holding that the statute of limitations for attorney malpractice may begin to run before the plaintiff knows the full extent of his damages B. holding that the statute of limitations begins to run on the date the alleged malpractice is discovered C. holding that 1983 claim accrues when plaintiff knows or has reason to know of injury D. holding that statute of limitations for malpractice begins to run when plaintiff knows or has reason to know of the alleged malpractice E. holding that a 1983 claim accrues when plaintiff knows or has reason to know of injury

assistant: The best answer is D. holding that statute of limitations for malpractice begins to run when plaintiff knows or has reason to know of the alleged malpractice
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that an inmate’s sincerity of religious beliefs in Native American spirituality can be defined solely by his race or heritage. In determining whether a particular professed faith is a religion, for First Amendment purposes, courts are to consider whether the faith “occupies a place in the lives of its members ‘parallel to that filled by the orthodox belief in God’ in religions more widely accepted in the United States.” Dettmer v. Landon, 799 F.2d 929, 931 (4th Cir.1986) (quoting United States v. Seeger, 380 U.S. 163, 166, 85 S.Ct. 850, 13 L.Ed.2d 733 (1965)). “[RJeligious beliefs need not be acceptable, logical, consistent, or comprehensible to others in order to merit First Amendment protection.” Thomas v. Review Bd., 450 U.S. 707, 714, 101 S.Ct. 1425, 67 L.Ed.2d 624 (1981) (<HOLDING>); Dettmer, 799 F.2d at 932 (holding that prison Options: A. holding that unemployment compensation benefits received by plaintiff are collateral source and that defendant could not reduce personal injury damages because of such benefits B. holding once the plaintiff who had filed a fela claim concluded that he was injured and believed the injury was caused by his employment he had a duty to investigate the situation in order to confirm or deny his belief C. holding that defendant was not resident of his mothers household even though his drivers license listed his mothers address and he received mail there because he expressed a belief that his residence was in a different location than his mothers home he rented and occupied his own residence and he testified that he was only living with his mother after expiration of his lease until he could find another place to live D. holding that state could not deny unemployment compensation benefits to a jehovahs witness who terminated his employment because he believed his work in the production of a weaponsrelated product violated the principles of his religion E. holding that erisa preempts the texas dtpa because plaintiff relied on state law to advance his complaint that his benefits under the plan were terminated

assistant: The best answer is D. holding that state could not deny unemployment compensation benefits to a jehovahs witness who terminated his employment because he believed his work in the production of a weaponsrelated product violated the principles of his religion
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: “An operator emerging from an alley, driveway, or building in a business or residence district shall ... stop the vehicle before moving on a sidewalk or the sidewalk area extending across an alley or driveway.” Tex. Transp. Code Ann. § 545.256(1) (Vernon 1999). Though the testimony reflected that there was no sidewalk crossing in front of the entrance or exit from the alley to the street, Ferguson testified that there was a curb that was “broken by the alleyway so that cars” could enter and exit the alley or pedestrians could walk across. Though Throneberry refuted the contention, the State argued that the “improved area [where] ... pedestrians walk” constituted a “sidewalk area” pursuant to section 545.256(1). The jury could reasonably have agreed with the S -Dallas 1992, no pet.) (<HOLDING>); Harris v. State, 713 S.W.2d 773, 775 Options: A. holding that accelerating a car so that it screeched and fishtailed a bit was sufficient for offense B. holding that where evidence was sufficient for attempted murder it was necessarily sufficient for aggravated assault which is a lesser included offense C. holding that accelerating a car so that its tires spun when a light turned from red to green was sufficient D. holding that there was probable cause for arrest where officers knew defendants had recently been with suspected drug dealer officers saw defendants car being maneuvered so as to indicate that surveillance had been detected and when officers approached car defendant attempted to place package under car and then pulled the package back inside the car and closed and locked the car door E. holding that accelerating a car so that it threw gravel on police car was enough to satisfy exhibition of speed violation

assistant: The best answer is A. holding that accelerating a car so that it screeched and fishtailed a bit was sufficient for offense
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 IRREVOCABLY AND UNCONDITIONALLY WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING RELATING TO A DISPUTE ARISING OUT OF OR RELATING TO THIS EXERCISE AGREEMENT AND FOR ANY COUNTERCLAIM WITH RESPECT THERETO.

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: Each Loan Party and each other Subsidiary is in compliance with each Governmental Approval applicable to it and in compliance with all other Applicable Laws (including, without limitation, Environmental Laws, Anti-Corruption Laws and Sanctions) relating to it except for noncompliances which, and Governmental Approvals the failure to possess which, could not, individually or in the aggregate, reasonably be expected to result in a Default or Event of Default or have 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 case excerpt and choose the best holding from the options. Case excerpt: v. Delgado, 406 S.W.2d 897, 899 (Tex.1966)). The Plaintiffs were both initially paid the 8-hour rate before they moved to the 12-hour shift system where they were paid the 12-hour rate (i.e., the “calculated rate” arrived at by multiplying their 8-hour rate by .857). Thus, there was clearly a meeting of the minds and a contract existed between the parties with respect to the 8-hour rate (i.e., the “posted rate” on the Plaintiffs’ employee personnel files and those that were posted throughout the plant). That brings us to the issue of whether the contract was modified. B. Modification Under Texas law, even an at-will employee has a contract with her employer that is “valid and subsisting” “until terminated.” See Paniagua v. City of Galveston, Tex., 995 F.2d 1310, 1313 (5th Cir. 1993) (<HOLDING>). Though employers are free to change their Options: A. holding that an employers promise to pay a bonus to an employee was not enforceable where the employee was already obligated under a written contract to perform the services in question B. holding that employee handbook did not give rise to implied contract where it stated that it was not a contract and that employment was terminable at will C. holding that employee may claim contract created based on employer promise of severance pay to employee D. holding that an employer is accountable to a discharged employee for unpaid compensation if the employee was terminated in bad faith and the compensation is clearly connected to work already performed E. holding that under texas law a contract may be terminable at will and without cause but an employer cannot promise to pay employee a certain wage and then unilaterally decide to pay employee less for work she has already performed

assistant: The best answer is E. holding that under texas law a contract may be terminable at will and without cause but an employer cannot promise to pay employee a certain wage and then unilaterally decide to pay employee less for work she has already performed
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 indemnify and hold Administrative Agent and all Lenders harmless from and against any and all suits, actions, claims, proceedings (including third party proceedings), damages, losses, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees at standard hourly rates without regard to any statutory attorneys’ fees provisions) in connection with this transaction; provided, however, that Borrower shall not be required to indemnify or hold harmless the Administrative Agent or any Lender from any such matters that arise out of the gross negligence or willful misconduct of the Administrative Agent or any Lender. The foregoing indemnity shall survive full payment of the Secured Indebtedness, the foreclosure of this Instrument, any transfer of the Secured Property, and any and all other events relating to the foregoing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Borrower and its Subsidiaries has timely filed or caused to be filed all Tax returns and reports required to have been filed and has paid or caused to be paid all Taxes required to have been paid by it, except (a) Taxes that are being contested in good faith by appropriate proceedings and for which the Borrower or such Subsidiary, as applicable, has set aside on its books adequate reserves in conformity with GAAP or (b) to the extent that the failure to do so would not reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Third Amendment may be executed by one or more of the parties hereto in any number of separate counterparts, and all of such counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of this Third Amendment by facsimile transmission shall be effective as delivery of a manually executed counterpart hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In case any one or more of the provisions of this Mortgage are held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof. Each of the provisions of every such agreement, document or instrument shall be enforceable by Agent to the fullest extent now or hereafter not prohibited by applicable law.

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: in a treatment program, but he remained eligible for thirty days of good-conduct credit, assuming a thirty-day month, notwithstanding his unsatisfactory participation. Under the new statute, his failure to satisfactorily participate renders him ineligible to earn any reduction in his sentence, even if he has no disciplinary infractions. We are convinced this difference is a substantive change in the formula used to calculate a reduction in sentence because, as in Weaver, it “retroactively decreased] the amount of [earned]-time awarded for an inmate’s good behavior.” Lynce, 519 U.S. at 441, 117 S.Ct. at 896, 137 L.Ed.2d at 72 (characterizing issue in Weaver). Therefore, application of the amended statute to Propp violates the Ex Post Facto Clause. See Stansbury, 960 P.2d at 236 (<HOLDING>). For the same reasons, we reject the State’s Options: A. holding similar statutory amendment was retrospective when applied to inmate who committed his crime before amendments enactment B. holding that the ex post facto clause has no application to deportation C. holding similar statutory amendment violated ex post facto clause when applied to inmate who committed his crime before enactment of amendment D. holding that the supreme courts ex post facto precedents do not clearly establish that amended section 29336 violates the ex post facto clause E. holding that parole guidelines are subject to the ex post facto clause

assistant: The best answer is C. holding similar statutory amendment violated ex post facto clause when applied to inmate who committed his crime before enactment of amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any termination under Subsection 4(b) by the Company for Disability or Subsection 4(c) for Due Cause or by the Executive for Good Reason under Subsection 4(e) or by the Company or the Executive within twelve (12) months after a Change in Control under Subsection 4(f) or by the Executive by Voluntary Termination under Subsection 4(g) shall be communicated by Notice of Termination to the other party thereto given in accordance with Paragraph 10.

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 legal provision and list the applicable contract clause categories. Provision: Executive acknowledges and agrees that the Company’s remedies at law for a breach or threatened breach of any of the provisions of Section 6 of this Agreement would be inadequate and the Company would suffer irreparable damages as a result of such breach or threatened breach. In recognition of this fact, Executive agrees that, in the event of such a breach or threatened breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled, in addition to any other remedy available at law or equity, to cease making any payments or providing any benefit otherwise required by this Agreement and obtain equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available. Any judicial determination of whether the Executive is in compliance with Section 6 hereof shall be determined based solely on the contractual provisions provided therein and the facts and circumstances of Executive’s actions without regard to whether the Company could obtain an injunction or other relief under the law of any particular jurisdiction. This Section 7 survives termination of this Agreement.

assistant: Specific Performance
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 provision of this Agreement or the other Loan Papers is held to be illegal, invalid, or unenforceable, (a) the legality, validity, and enforceability of the remaining provisions of this Agreement and the other Loan Papers shall not be affected or impaired thereby, and (b) the parties shall endeavor in good faith negotiations to replace the illegal, invalid, or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the illegal, invalid, or unenforceable provisions. The invalidity of a provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

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: This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective successors, (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of WFI), assigns, spouses, heirs, executors and personal and legal representatives. WFI shall require and cause any successor(s) (whether directly or indirectly, whether in one or a series of transactions, and whether by purchase, merger, consolidation, or otherwise) to all or a significant portion of the business and/or assets of WFI and/or its subsidiaries (on a consolidated basis), by written agreement in form and substance satisfactory to Indemnitee and his or her counsel, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that WFI would be required to perform if no such succession had taken place; provided that no such assumption shall relieve WFI from its obligations hereunder, and any obligations shall thereafter be joint and several. This Agreement shall continue in effect regardless of whether Indemnitee continues to serve as a Corporate Agent. WFI shall not assign this Agreement or any duties or responsibilities pursuant hereto to any other person or entity without the prior written consent of Indemnitee.

assistant: Successors
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 representations and warranties of the Company shall be true and correct in all material respects as of the date when made and as of the Initial Closing as though made at that time (except for representations and warranties that speak as of a particular date, which shall be true and correct in all material respects as of such date).

assistant: Warranties
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 notices, consents, agreements, elections, amendments, approvals and other communications provided for or permitted by this Agreement or otherwise relating to this Agreement shall be in writing and shall be deemed effectively given upon the earliest to occur of the following: (i) upon personal delivery to such party; (ii) when sent by confirmed telex or facsimile if sent during normal business hours of the recipient, if not, then on the next business day; (iii) five (5) days after having been sent by registered or certified mail, return receipt requested, postage prepaid; (iv) one (1) day after deposit with a nationally recognized overnight courier, specifying next day delivery, with written verification of receipt; or (v) upon actual receipt by the party to be notified via any other means (including public or private mail, electronic mail or telegram); provided , however , that notice sent via electronic mail shall be deemed duly given only when actually received and opened by the party to whom it is addressed. All communications shall be sent to the party's address set forth on the signature page below, or at such other address as such party may designate by ten (10) days advance written notice to the other parties in accordance with this Section 8(m) .

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: The Michigan Court of Appeals has explained that [although there is no exhaustive list of adverse employment actions, typically [they] take[] the form of an ultimate employment decision, such as “a termination in employment, a demotion evidenced by a decrease in wage or salary, a less distinguished title, a material loss of benefits, significantly diminished material responsibilities, or other indices that might be unique to a particular yor of Detroit, 478 Mich. 589, 734 N.W.2d 514, 517 n. 2 (2007). Accordingly, Mazur, has not adduced facts sufficient to establish that he suffered from adverse employment actions as a result of his work conditions. See Christian v. Mich. Dep’t of Corrections, No. 268-856, 2007 WL 517501, at *4, 2007 MichApp. LEXIS 431, *14 (Mich.Ct.App. Feb. 20, 2007) (<HOLDING>). Even if Wal-Mart’s assignment of Mazur to Options: A. holding that a job transfer was not an adverse employment action because the plaintiff enjoyed the same rate of pay and benefits and her duties were not materially modified B. holding that because plaintiff chose to leave her employer she did not suffer any tangible employment action C. holding that change in work schedule and assigning less desirable job duties did not constitute a tangible employment action D. holding that a transfer of job duties can constitute an adverse employment action E. holding that the plaintiff has not established a tangible employment action because occasional rotation to less desirable assignments within her job category is not an ultimate employment decision

assistant: The best answer is E. holding that the plaintiff has not established a tangible employment action because occasional rotation to less desirable assignments within her job category is not an ultimate employment decision
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 could not reasonably be expected to have a Material Adverse Effect, each of the 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, to the knowledge of the Borrower, without conflict with the rights of any Person. None of Holdings, the Borrower or any Restricted Subsidiary, in the operation of their businesses as currently conducted, infringes 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 or any Restricted Subsidiary is pending or, to the knowledge of Holdings or the Borrower, threatened in writing against Holdings or the 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 legal provision and list the applicable contract clause categories. Provision: Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi) )) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided , however, (x) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of a Default (and following application as provided in this Section 2.16 may be otherwise applied in accordance with Section 8.03 ), and (y) the Person providing Cash Collateral and the L/C Issuers or Swing Line Lenders, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

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: use on different kinds of goods, the less is the likelihood of confusion____” Even ownership of well-known marks has not precluded other uses of the mark, e.g., Scott Paper Co. v. Scott’s Liquid Gold, Inc., 589 F.2d 1225 (3rd Cir.1978) (plaintiffs ownership of the mark “Scott” as applied to paper products did not preclude defendant’s use of “Scott” on furniture polish); Amstar, 615 F.2d at 260 (notoriety of “Domino Sugar” did not preclude defendant’s use of “Domino’s Pizza”). Trademark law provides the greatest protection to strong and distinctive service-marks. Freedom Savings and Loan Ass’n, 757 F.2d at 1182. There is nothing particularly distinctive about plaintiffs mark “A B.” See American Optical Corp. v. American Olean Tile Co., 1974 WL 20261,185 U.S.P.Q. 405, 409 (S.D.N.Y.1974) (<HOLDING>). Plaintiff has presented little evidence that Options: A. holding limited use of a mark did not constitute prior use in commerce sufficient to establish rights in the mark B. recognizing tjhere is no general constitutional right to discovery in a criminal case C. holding that infringement laws simply do not apply to a nontrademark use of a mark D. holding no infringement on mark ao because the initials are letters in the alphabet available for use by everyone and tjhere is nothing about those initials to conjure up instantaneously the plaintiff american optical co E. holding that there is nothing improper about the use of a trademark to communicate that goods bearing that mark were actually sold on defendants website

assistant: The best answer is D. holding no infringement on mark ao because the initials are letters in the alphabet available for use by everyone and tjhere is nothing about those initials to conjure up instantaneously the plaintiff american optical co
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: (a) Jury Trial . The terms of Section 13.7 of the Credit Agreement with respect to waiver of jury trial are incorporated herein by reference, mutatis mutandis , and the parties hereto agree to such terms.

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: that the DOL has determined have no retail concept. Among the enumerated establishments are businesses engaged in the maintenance of loft buildings or office buildings, air-conditioning and heating systems contractors, elevator repair businesses, painting contractors, plumbing contractors, and roofing contractors. 29 C.F.R. § 779.317. Plaintiffs contend that, because CCS is engaged in the maintenance of office buildings, and provides services akin to those of the various listed contractors, it lacks a retail concept. Some courts have refused to defer to § 779.317 where there is no discernable rational basis for the Secretary of Labor’s determination that a particular type of business lacks a retail concept. See Reich v. Cruises Only, Inc., 1997 WL 1507504, at *5 (M.D.Fla. June 5, 1997) (<HOLDING>); Martin v. Refrigeration School, Inc., 968 Options: A. holding that the challenge to a university regulation was moot because the regulation had been substantially amended B. holding that travel agency specializing in cruise vacations possessed a retail concept despite the fact that 779317 lists travel agencies as lacking a retail concept concluding that the regulation appeared to be arbitrary and without any rational basis explained in the regulation C. holding that there was no rational basis for 779317s distinction that sjchools except schools for mentally or physically handicapped or gifted children lack a retail concept D. holding that ojrdinarily when a regulation is not promulgated in compliance with the apa the regulation is invalid however when equity demands the regulation can be left in place while the agency follows the necessary procedures citation omitted E. holding that where a regulation could not fairly be read to have spoken at all on an issue an agencys proposed interpretation of the regulation as it pertained to that issue was not a reasonable interpretation of the regulation

assistant: The best answer is B. holding that travel agency specializing in cruise vacations possessed a retail concept despite the fact that 779317 lists travel agencies as lacking a retail concept concluding that the regulation appeared to be arbitrary and without any rational basis explained in the regulation
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 Originator, by accepting the Purchase Price related to each purchase of Receivables generated by such Originator, shall be deemed to have certified that the representations and warranties of such Originator contained in Article V are true and correct in all material respects (unless such representation or warranty contains a materiality qualification and, in such case, such representation and warranty shall be true and correct as made) on and as of the date the applicable Receivables are sold to the Buyer hereunder.

assistant: Warranties
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: we affirm the trial court’s decision, and we remand the case for further proceedings consistent with this opinion. 1 . The trial court noted that the detective asked Arroya whether or not she needed a kleenex, something to drink, and even whether she wanted an opportunity to smoke. Additionally, the court found, based its on review of the entire interrogation, that the detective had not used “unscrupulous techniques.” 2 . The law has developed differently in the area of a request for counsel. Building on a distinction first articulated in Miranda, 384 U.S. at 473-74, 86 S.Ct. 1602, the Supreme Court provides greater procedural safeguards for the right to counsel than for the right to remain silent. Compare Edwards v. Arizona, 451 U.S. 477, 484-85, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981) (<HOLDING>) with Mosley, 423 U.S. at 104 & n. 10, 96 S.Ct. Options: A. holding that the interrogation must cease once the suspect invokes his miranda right to counsel B. holding that interrogation must cease if the suspect unambiguously asserts his right to counsel C. holding that the right to have counsel present means the right to have counsel physically present during the interrogation not merely the right to consult an attorney by telephone D. holding that once the right to counsel is invoked custodial interrogation must cease until the suspects attorney is present E. holding that when an accused has invoked his right to have counsel present during custodial interrogation a valid waiver of that right cannot be established by showing only that he responded to further policeinitiated custodial interrogation even if he has been advised of his rights an accused having expressed his desire to deal with the police only through counsel is not subject to further interrogation by the authorities until counsel has been made available to him unless the accused himself initiates further communication exchanges or conversations with the police

assistant: The best answer is D. holding that once the right to counsel is invoked custodial interrogation must cease until the suspects attorney is present
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 and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall be deemed given and effective on the earliest of: (a) the date of transmission, if such notice or communication is delivered via facsimile or email attachment at the facsimile number or email address as set forth on the signature pages attached hereto at or prior to 5:30 p.m. (New York City time) on a Business Day, (b) the next Business Day after the date of transmission, if such notice or communication is delivered via facsimile or email attachment at the facsimile number or email address as set forth on the signature pages attached hereto on a day that is not a Business Day or later than 5:30 p.m. (New York City time) on any Business Day, (c) the second (2 nd ) Business Day following the date of mailing, if sent by U.S. nationally recognized overnight courier service or (d) upon actual receipt by the party to whom such notice is required to be given. The address for such notices and communications shall be as set forth on the signature pages attached 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: The execution, delivery and performance by the Company of this Agreement and the other Transaction Documents to which it is a party, the issuance and sale of the Securities and the consummation by it of the transactions contemplated hereby and thereby do not and will not (i) conflict with or violate any provision of the Company’s or any Subsidiary’s certificate or articles of incorporation, bylaws or other organizational or charter documents, or (ii) conflict with, or constitute a default (or an event that with notice or lapse of time or both would become a default) under, result in the creation of any Lien upon any of the properties or assets of the Company or any Subsidiary (other than as provided in the Transaction Documents), or give to others any rights of termination, amendment, acceleration or cancellation (with or without notice, lapse of time or both) of, any agreement, credit facility, debt or other instrument (evidencing a Company or Subsidiary debt or otherwise) or other understanding to which the Company or any Subsidiary is a party or by which any property or asset of the Company or any Subsidiary is bound or affected, or (iii) subject to the Required Approvals, conflict with or result in a violation of any law, rule, regulation, order, judgment, injunction, decree or other restriction of any court or governmental authority to which the Company or a Subsidiary is subject (including federal and state securities laws and regulations), or by which any property or asset of the Company or a Subsidiary is bound or affected.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Note shall be governed by and construed in accordance with the laws of the State of Florida without regard to principles of conflicts of laws. Any action brought by either party against the other concerning the transactions contemplated by this Note shall be brought only in the state courts of Florida or in the federal courts located in the state of Florida. The parties to this Note hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens . The Borrower and Holder waive trial by jury. The prevailing party shall be entitled to recover from the other party its reasonable attorney’s fees and costs. In the event that any provision of this Note or any other agreement delivered in connection herewith is invalid or unenforceable under any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any such provision which may prove invalid or unenforceable under any law shall not affect the validity or enforceability of any other provision of any agreement. Each party hereby irrevocably waives personal service of process and consents to process being served in any suit, action or proceeding in connection with this Agreement or any other Transaction Document by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law.

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: In the event that the Receiving Party or any of the Receiving Party’s Representatives are requested or required (by oral questions, interrogatories, requests for information or documents in legal proceedings, subpoena, civil investigative demand or other similar process) to disclose any of the Confidential Information or Discussion Information, the Receiving Party will provide the Disclosing Party with prompt written notice of any such request or requirement so that the Disclosing Party may in its sole discretion seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement. If, in the absence of a protective order or other remedy or the receipt of a waiver by the Disclosing Party, the Receiving Party or any of the Receiving Party’s Representatives are nonetheless, in the written opinion of outside legal counsel, legally compelled to disclose Confidential Information or Discussion Information to any tribunal, the Receiving Party or the Receiving Party’s Representatives may, without liability hereunder, disclose to such tribunal only that portion of the Confidential Information or Discussion Information which such counsel advises the Receiving Party is legally required to be disclosed, provided that the Receiving Party will use the Receiving Party’s reasonable best efforts to preserve the confidentiality of the Confidential Information and the Discussion Information, including by cooperating with the Disclosing Party to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded the Confidential Information and the Discussion Information by such tribunal; and provided further that the Receiving Party will promptly notify the Disclosing Party of (i) the Receiving Party’s determination to make such disclosure and (ii) the nature, scope and contents of such disclosure.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the use of a coerced confession to obtain a judgment is tantamount to a coerced guilty plea, and, thus, the issue is within the purview of a coram-nobis proceeding. There is no merit to Dodge’s argument. The allegation is not cognizable as a ground for coram-nobis relief. Even if the issue of whether Dodge’s statement to police should have been suppressed had not been raised at his trial and addressed on direct appeal, the claim amounts to an argument of trial error. Assertions of trial error are outside the scope of a coram-nobis proceeding. Lukach v. State, 2014 Ark. 451, 2014 WL 5493961 (per curiam). Moreover, coram-nobis proceedings do not provide a petitioner with a forum to relitigate trial or appeal issues. See Watts v. State, 2013 Ark. 485, 2013 WL 6157325 (per curiam) (<HOLDING>). Finally, Dodge makes a con-clusory reference Options: A. holding that this 14 court does not consider in a coramnobis action allegations that are an attempt to reargue issues addressed on appeal B. 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 C. holding that the general rule that issues not raised in the lower court may not be addressed on appeal applies only to appellants D. holding an issue listed in statement of issues on appeal but not addressed in brief is abandoned E. holding that issues not sufficiently argued in the briefs are considered waived and normally will not be addressed on appeal

assistant: The best answer is A. holding that this 14 court does not consider in a coramnobis action allegations that are an attempt to reargue issues addressed on appeal
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 949. East urges that, having found CPL 2.25B to be a procedural rule, we should nevertheless not give effect to the APA’s procedural rules exemption from informal rulemaking requirements because the rule has substantial impact on those regulated. We disagree. OSHA’s inspection plan casts not the stone of substantial impact. We add our voice to the court’s in Stoddard Lumber Co. v. Marshall, 627 F.2d 984 (9th Cir.1980), where the Ninth Circuit concluded that a previous version of the plan now before us did not merit notice and comment procedure. Id. at 987-88; see In re Trinity Industries, No. Misc.-J-83-131-12 (M.D.Fla.1984); In re Establishment of Chicago Aluminum Castings Co., 535 F.Supp. 392, 397 (N.D.Ill.1981); cf. Donovan v. Wollaston Alloys, Inc., 695 F.2d 1, 9 (1st Cir.1982) (<HOLDING>). CPL 2.25B has no cognizable impact, Options: A. holding that a plan provision stating that the summary plan description and summaries of material modifications are hereby incorporated by reference and constitute a part of the plan acted to incorporate into the plan a limitations provision found only in the summary plan description B. holding that plan did not comply C. holding previous osha inspection plan did not have significant impact on substantive rights of employers within publication provision of 5 usc 552a1 1976 D. holding that plan administrator of an erisa health plan did not have to anticipate the confusion of a plan participant E. holding that employers have standing to sue

assistant: The best answer is C. holding previous osha inspection plan did not have significant impact on substantive rights of employers within publication provision of 5 usc 552a1 1976
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: At the Closing, RLLT shall deliver to each Stockholder or their representatives the originals of the corporate minute books, books of account, contracts, records, and all other books or documents of RLLT which are now in the possession of RLLT or its representatives.

assistant: Records
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: skype takes no responsibility for any disruption , interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control .

assistant: Limitation of liability