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 legal provision and list the applicable contract clause categories. Provision: During the Employment Term, the Executive will be entitled to six weeks of paid vacation time annually. The Executive shall receive other paid time-off in accordance with the Company’s policies for executive officers as such policies may exist from time to time.

assistant: Vacations
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: Koenig v. Perez, 104 N.M. 664, 665, 726 P.2d 341, 342 (1986)); Garrity v. Overland Sheeps kin Co. of Taos, 121 N.M. 710, 718, 917 P.2d 1382, 1390 (1996) (same); Tabet Lumber Co. v. Romero, 117 N.M. 429, 431, 872 P.2d 847, 849 (1994) (same). At issue in the vast majority of summary judgment eases presented to New Mexico’s appellate courts is the first prong; that is, whether there are genuine issues of material fact. See, e.g., Silva v. Town of Springer, 121 N.M. 428, 433, 912 P.2d 304, 309, (Ct.App.) (concluding that a material disputed factual issue existed precluding the grant of summary judgment), cert. denied, 121 N.M. 375, 911 P.2d 883, and cert. denied, 121 N.M. 444, 913 P.2d 251 (1996); Blauwkamp v. University of N.M. Hosp., 114 N.M. 228, 233, 836 P.2d 1249, 1254 (Ct.App.1992) (<HOLDING>). In such cases, the rationale behind the Options: A. holding that the existence of genuine issues of material facts render not appealable a pretrial denial of summary judgment on the issue of qualified immunity B. holding that the function of the trial court on a motion for summary judgment is to determine whether issues of fact exist and not to decide the merits of the issues themselves C. holding that when there are no genuine issues of material fact summary judgment is appropriate D. holding that a probable cause determination is appropriate for summary judgment where there are no genuine issues of material fact and no credibility issues E. holding that plaintiffs re sponse to defendants motion for summary judgment indicated the existence of material issues of fact

assistant: The best answer is E. holding that plaintiffs re sponse to defendants motion for summary judgment indicated the existence of material issues of fact
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by, and enforced in accordance with, the laws of the State of Colorado (excluding the choice of law principles thereof). The Parties to this Agreement hereby agree to submit to the non-exclusive jurisdiction of the federal and state courts located in the State of Colorado in any action or proceeding arising out of or relating to this Agreement. This Agreement shall inure to the benefit of, and be binding upon the parties and their respective successors and assigns.

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 case excerpt and choose the best holding from the options. Case excerpt: PER CURIAM. AND NOW, this 2nd day of September, 2016, the Court being evenly divided in its determination as to which parties are entitled to the grant of summary relief, this Court is without authority to grant relief and the status quo of the matter prior to the filing of the lawsuit is maintained. See Creamer v. Twelve Common Pleas Judges, 443 Pa. 484, 281 A.2d 57 (1971) (<HOLDING>). Chief Justice SAYLOR did not participate in Options: A. holding that an order issued by the pennsylvania supreme court in which it refused to exercise its kings bench jurisdiction to overturn gag orders issued by a lower state court did not implicitly reject the plaintiffs claim that the gag orders violated the first amendment as pennsylvania law authorized the pennsylvania supreme court to decline to exercise its kings bench jurisdiction where the case did not present an issue of immediate public importance B. holding that the district court did not have jurisdiction and remanding the matter to state court C. holding that where this court was evenlydivided in a kings bench original jurisdiction matter challenging gubernatorial appointments to judicial vacancies the appropriate disposition was to enter a per curiam order noting that the requested relief could not be granted thereby maintaining the status quo of the matter D. holding that the amount of a commission to be awarded to the personal representative requires the exercise of judicial discretion and judgment by the clerk who has original jurisdiction in the matter E. holding that the district court has broad authority to take jurisdiction over a matter even when that matter is not brought by a real party in interest

assistant: The best answer is C. holding that where this court was evenlydivided in a kings bench original jurisdiction matter challenging gubernatorial appointments to judicial vacancies the appropriate disposition was to enter a per curiam order noting that the requested relief could not be granted thereby maintaining the status quo of the matter
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: Seller is not (i) an “employee benefit plan” as defined in Section 3(3) of ERISA, that is subject to Section 406 of ERISA, (ii) a “plan” as defined in and subject to Section 4975 of the Internal Revenue Code, or (iii) an entity deemed to hold “plan asset” of any of the foregoing within the meaning of 29 C.F.R. Section 2510.3 101, as modified by Section 3(42) of ERISA.

assistant: 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 legal provision and list the applicable contract clause categories. Provision: After giving effect to any Loan advance and the liabilities and obligations of each Borrower under the Operative Documents, each Borrower (after giving effect to all rights of such Borrower arising by virtue of Section 2.10(b) and (e) and any other rights of contribution or similar rights of such Borrower) is Solvent and the Borrowers and their Subsidiaries, on a consolidated basis, are Solvent.

assistant: Solvency
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: From and after the execution date of this Agreement and continuing beyond the expiration or termination of this Agreement, the Company agrees that it will direct its executive officers to refrain (and that the Company will use its reasonable best efforts to cause the Company’s directors to refrain) from making any statement(s) that disparage Consultant, and Consultant agrees to refrain from making any statement(s) that disparage the Company, its directors or executive officers. Nothing in this Agreement should be construed to limit Consultant from (i) complying with any valid subpoena or court order (about which Consultant shall provide the Company with prompt notice, a copy of the subpoena or court order, and a transcript of any testimony, all to the maximum extent permitted by applicable law or policy); (ii) cooperating with any government investigation; (iii) voluntarily communicating, without notice to or approval by the Company, with any government agency regarding a potential violation of any law or regulation; (iv) cooperating with any reasonable requests by the Company; or (v) responding to statements made about her that Consultant reasonably believes to be untruthful or defending herself in connection with any litigation or investigation. Similarly, nothing in this Agreement should be construed to limit the Company or any of its directors, officers or employees from (a) complying with any valid subpoena or court order; (b) making statements that it concludes in good faith after consultation with counsel (i) are appropriate in filings, releases, and other documents prepared in connection with applicable securities laws or (ii) may otherwise be required under any other applicable law; (c) conducting in good faith investigations or inquiries regarding any potential violation of law; (d) communicating with any government agency; or (e) responding to untruthful statements made about them or defending themselves in connection with any litigation or investigation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The representations and warranties of Purchaser shall be true and correct in all material respects as of the date when made and as of such Closing as though made at that time, except for representations and warranties that are expressly made 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 case excerpt and choose the best holding from the options. Case excerpt: a money judgment which can be enforced in Texas or elsewhere. In re Cannon, 993 S.W.2d 354, 355 (Tex.App. — San Antonio 1999) (orig.proceeding). Whether a court has jurisdiction over a person is a question of law. Hotel Partners v. Craig, 993 S.W.2d 116, 120 (Tex.App.— Dallas 1994, writ denied). When filing a special appearance, the defendant has the burden to negate all bases of personal jurisdiction. CSR Ltd. v. Link, 925 S.W.2d 591, 596 (Tex.1996). Here, appellant alleged as the sole jurisdictional basis the trial court’s “continuing, exclusive jurisdiction of this case as a result of prior proceedings.” Unless negated by appellee, this was sufficient to confer jurisdiction on the court. See, e.g., In Interest of Kuykendall, 957 S.W.2d 907, 909 (Tex.App. — Texarkana 1997, no pet.) (<HOLDING>); see also Garza v. Garza, 666 S.W.2d 205, Options: A. 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 B. holding that court had jurisdiction where no separate judgment had been entered even though notice of appeal was not timely filed as measured from the final decision C. holding that the biological father was not entitled to notice of adoption proceeding where he failed to properly legitimate his child D. holding father waived error where he failed to contest mothers assertion that court had jurisdiction based upon prior proceedings even though the prior proceeding was a registration of a kansas judgment E. holding that alleged biological father who sought to establish paternity waived constitutional error though it was undisputed that father had received no notice or hearing on prior paternity adjudication that created bar

assistant: The best answer is D. holding father waived error where he failed to contest mothers assertion that court had jurisdiction based upon prior proceedings even though the prior proceeding was a registration of a kansas judgment
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 where the failure to do so would not reasonably be expected to have a Material Adverse Effect, the Borrowers will maintain or cause to be maintained, in each case, as determined by the Parent in good faith, with financially sound and reputable insurers, such insurance coverage with respect to liabilities, losses or damage in respect of the assets, properties and businesses of the Parent and its Restricted Subsidiaries as may customarily be carried or maintained under similar circumstances by Persons of established reputation engaged in similar businesses, in each case in such amounts (giving effect to self-insurance), with such deductibles, covering such risks and otherwise on such terms and conditions as shall be customary for such Persons, including, but only if required by applicable law or regulation, flood insurance with respect to each Flood Hazard Property, in each case in compliance with applicable Flood Insurance Laws. Each such policy of insurance shall (i) name the Administrative Agent on behalf of the Secured Parties as a loss payee, mortgagee and/or an additional insured, as applicable, thereunder as its interests may appear and (ii) to the extent available from the relevant insurance carrier, in the case of each casualty insurance policy (excluding any business interruption insurance policy), contain a loss payable clause or endorsement that names the Administrative Agent, on behalf of the Secured Parties, as the loss payee thereunder and, to the extent available, provide for at least 30 days’ prior written notice to the Administrative Agent of any modification or cancellation of such policy (or 10 days’ prior written notice in the case of the failure to pay any premiums thereunder); provided that the Borrowers shall have 120 days after the Closing Date (or such later date as agreed by the Administrative Agent) to comply with the requirements of the foregoing clauses (i) and (ii) with respect to policies in effect on the Closing Date.

assistant: Insurances
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 legal services to its members falls within a constitutional exception to this statutory rule, established by the United States Supreme Court in Mine Worker's v. Illinois Bar Ass’n, 389 U.S. 217, 221-22 (1967). In Mine Workers, a case strikingly similar to this case, the Court held that a union, which provided free legal representation to its members bringing workers’ compensation claims, did not engage in the unauthorized practice of law. Id. The Court reasoned that “the freedom of speech, assembly, and petition guaranteed by the First and Fourteenth Amendments gives petitioner the right to hire attorneys on a salary basis to assist its members in the assertion of their legal rights.” Id.; cf. In re N.H. Disabilities Rights Center, Inc., 130 N.H. 328, 336, 541 A.2d 208, 213 (1988) (<HOLDING>). The State argues that Mine Workers does not Options: A. recognizing legal services organizations first amendment right of associating to advocate legal rights B. recognizing a corporations legal rights to confidentiality and privilege C. holding that a prisoner has no first amendment right to provide legal assistance to other inmates and that therefore prison officials did not violate the prisoners constitutional rights when they intercepted a letter containing legal advice that he sent to another prisoner D. holding that there was no legal right to court review of parole board decision because there is no legal right to release on parole E. recognizing first amendment retaliation right

assistant: The best answer is A. recognizing legal services organizations first amendment right of associating to advocate legal rights
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 addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of Investor and Company will be entitled to specific performance under this Amendment, and equitable and injunctive relief to prevent any actual or threatened breach under this Amendment, to the full extent permitted under applicable laws. Without limitation of the foregoing, Company acknowledges that the rights and benefits of Investor pursuant to Section I.G.1. of the Certificate of Designations are unique and that no adequate remedy exists at law if Company breaches or fails timely perform any of its obligations thereunder, that it would be difficult to determine the amount of damages resulting therefrom, that it would cause irreparable injury to Investor, and that any potential harm to Company would be adequately and fully compensable with monetary damages. Accordingly, Investor will be entitled to a compulsory remedy of immediate specific performance, temporary, interim, preliminary and final injunctive relief to enforce the provisions thereof, including without limitation requiring Company and its transfer agent, attorneys, officers and directors to immediately take all actions necessary to issue and deliver the number of Shares provided in Section II above, and prohibiting any Common Stock from being issued or transferred until after all Shares have been received by Investor in electronic form and fully cleared for trading, which requirements will not be stayed for any reason, without the necessity of posting any bond. Company hereby absolutely, unconditionally and irrevocably waives all objections and rights to oppose any motion, application or request by Investor to issue the Shares, and all rights to stay or appeal any resulting order, and any appeal by Company or on its behalf will be immediately and automatically dismissed.

assistant: Remedies
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 Borrower has furnished to the Administrative Agent copies of (i) with respect to the Contributed Assets and associated liabilities, (A) combined audited balance sheets for the fiscal year ended December 31, 2015 and combined audited statements of income, shareholder’s equity and cash flows for the fiscal year ended December 31, 2015 and (B) unaudited consolidated balance sheets and related consolidated statements of income and cash flows for the fiscal quarter ended June 30, 2016; and (ii) a pro forma consolidated balance sheet and related pro forma consolidated statements of income of the Parent for the fiscal year ended December 31, 2015. Such financial statements (including in each case related schedules and notes) are complete and correct in all material respects and present fairly in all material respects, in accordance with GAAP consistently applied throughout the periods involved, the consolidated financial position of the Parent and its consolidated Subsidiaries as at their respective dates and the results of operations and the cash flow for such periods, subject in the case of unaudited financial statements to normal year-end audit adjustments and the lack of footnotes. Except as set forth on Schedule 7.1.(k), none of the Parent, the Borrower or any of their respective Subsidiaries has on the Agreement Date any material contingent liabilities, liabilities, liabilities for taxes, unusual or long-term commitments or unrealized or forward anticipated losses from any unfavorable commitments that would be required to be set forth in its financial statements or notes thereto, except as referred to or reflected or provided for in said financial statements.

assistant: Financial Statements
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 the plaintiff’s favor, similar to the review of a traditional summary judgment) (citing Science Spectrum, Inc. v. Martinez, 941 S.W.2d 910, 911 (Tex. 1997)). 44 . See Texas Logos, L.P. v. Texas Dep’t of Transp., 241 S.W.3d 105, 118-23 (Tex. App.Austin 2007, no pet.): accord Satterfield & Pontikes Constr., Inc. v. Texas S. Univ., 472 S.W.3d 426, 431-33 (Tex. App.-Houston [1st Dist.] 2015, pet. denied) ("Texas courts have also ‘regarded these immunity principles as ... barring suits to cancel or nullify a contract made for the benefit of the state.'" (quoting Texas Logos, L.P., 241 S.W.3d at 120) (citing W.D. Haden Co. v. Dodgen, 158 Tex. 74, 308 S.W.2d 838, 840-41 (1958))); Mustang Special Util. Dist. v. Providence Vill., 392 S.W.3d 311, 315-19 (Tex. App.-Fort Worth 2012, no pet.) (<HOLDING>). 45 . Texas Logos, L.P., 241 S.W.3d at 119-20. Options: A. holding that plaintiffs claim was not barred by sovereign immunity because he sought specific relief against a government official B. holding governmental immunity is no defense to contractual liability C. holding plaintiffs claim seeking to invalidate agreement with water supply district was barred by governmental immunity D. recognizing that under texas law governmental immunity embraces two principles immunity from liability and immunity from suit E. holding section 1010215 does not waive governmental immunity merely because a governmental action falls within the listed governmental functions thus further inquiry under the act is necessary

assistant: The best answer is C. holding plaintiffs claim seeking to invalidate agreement with water supply district was barred by governmental immunity
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 Term Loans shall bear interest at a rate equal to five percent (5.00%) per annum (the “ Interest Rate ”). Interest accrued shall be payable in arrears (through and including the Payment Date) on each Payment Date; provided that (i) interest payable on June 15, 2017 shall be the interest that accrued from the earlier of the initial Funding Date any Term Loans were funded into escrow (if applicable) or the Closing Date through and including June 15, 2017 and (ii) interest accruing at the Default Rate shall be payable from time to time on demand. If all or a portion of the principal amount of the Term Loans, any interest payable thereon or any fee or other amount payable hereunder shall not be paid when due (whether at the stated maturity, by acceleration or otherwise) or if any Event of Default has occurred and is continuing, the entire outstanding amount of the Term Loans (whether or not overdue) and all other Obligations (to the extent legally permitted) shall bear interest at a rate per annum that is equal to the rate that would otherwise be applicable thereto pursuant to the foregoing provisions of this Section plus two percent (2.00)% (the “ Default Rate ”), in each case, from the date of such non-payment until such amount is paid in full (after as well as before judgment) or from the date of the applicable Event of Default until such Event of Default is waived.

assistant: Interests
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: disclose misconduct or merely deals with personal disputes and grievances unrelated to the public’s interest.” Id. (internal quotation marks omitted). “Speech involves a public concern when the speaker intends to bring to light actual or potential wrongdoing or breach of public trust by a public official or to disclose any evidence of corruption, impropriety, or other malfeasance within a governmental entity.” Eisenhour v. Weber Cty., 744 F.3d 1220, 1228 (10th Cir. 2014) (brackets and internal quotation marks omitted). Den-ton’s motive was to regain his job—not to expose some wrongdoing or malfeasance. Because Denton’s arbitration testimony did not concern a matter of public interest, summary judgment in favor of defendants was appropriate. See Garcetti, 547 U.S. at 418, 126 S.Ct. 1951 (<HOLDING>). Association Claim The gravamen of this claim Options: A. holding if an employee does not speak as a citizen on a matter of public concern the employee has no first amendment cause of action based on his or her employers reaction to the speech B. holding that the plaintiffs speech was not constitutionally protected because it was made in his official capacity and there was simply no evidence that he was speaking as a citizen on a matter of public concern C. holding that an employee engages in protected activity under the first amendment when he threatens to file a lawsuit on a matter of public concern D. holding that if the speech in question does not address a matter of public concern there is no first amendment violation E. holding that the absence of a motivating desire to address a matter of public concern was not dispositive as to whether the speech addressed a matter of public concern

assistant: The best answer is A. holding if an employee does not speak as a citizen on a matter of public concern the employee has no first amendment cause of action based on his or her employers reaction to the speech
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: engaged in a cordial conversation, the agents calmly explained the purpose of their presence and requested entry, and then Cooper, with knowledge that the agents were conducting a narcotics investigation, invited the agents into the room. Even assuming that this “invitation” was non-verbal, Cooper gave officers the type of “implied consent” that we have found sufficiently voluntary in similar circumstances. See Ramirez-Chilel, 289 F.3d at 751-52 (finding a defendant’s “yielding the right-of-way” to officers at the front door to be voluntary consent to enter where four officers were present and no guns were drawn). In contrast to the purported consent at issue in Bautista, Cooper’s consent was not simply the product of compliance with police demands. See Bautista, 362 F.3d at 591-92 (<HOLDING>); see also Tobin, 923 F.2d at 1512 (explaining Options: A. holding consent not voluntary where police threatened to arrest defendants girlfriend if he refused to sign consent form B. holding that police officers should have been entitled to qualified immunity when they entered onto a groundlevel deck on the back of a home to knock on a slidingglass door believing the door to be a customary entryway C. holding that opening the door in response to a police demand and then failing to object when officers entered was not voluntary consent D. holding that warrantless search of defendants vehicle was legal because defendants consent was voluntary even through he was in police custody at the time of giving consent E. holding that no search occurred when police officers entered an open business

assistant: The best answer is C. holding that opening the door in response to a police demand and then failing to object when officers entered was not voluntary consent
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 provision hereof which is held to be invalid, illegal or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity, illegality or unenforceability without rendering the remaining provisions hereof invalid, illegal or unenforceable in such jurisdiction and without affecting the validity, legality or enforceability of any 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: During the initial year of the Employment Term, for all the services rendered by Executive hereunder, the Company shall pay Executive a base salary (“ Base Salary ”), at the annual rate of $__________, payable in installments at such times as the Company customarily pays its other employees. Executive’s Base Salary shall be reviewed periodically for appropriate adjustments, if any, by the CEO or the Compensation Committee of the Board (the “ Compensation Committee ”) pursuant to the Company’s normal performance review policies for senior level executives. Executive’s Base Salary also may be decreased as part of an overall Company reduction of compensation.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of any lawful judgment, order or process of the court” is contemptible, regardless of whether the actions disrupt the proceedings. Id. § 78-32-1(5). ¶4 Utah Code section 78-32-3 does not require that the contemptible actions interrupt or block the proceedings in order to be punished summarily. See Utah Code Ann. § 78-32-3. Rather, it only requires that the “contempt is committed in the immediate view and presence of the court, or judge at chambers.” Id. Even though the juvenile court waited until the end of the certification hearing to issue the contempt order, Weis-kopfs contemptible actions took place in the court's presence; therefore, it properly exercised its summary contempt powers. See, e.g., Sacher v. United States, 343 U.S. 1, 11, 72 S.Ct. 451, 96 L.Ed. 717 (1952) (<HOLDING>). ¶ 5 Weiskopf also asserts that his due Options: A. holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present B. holding that defendant waived his right to selfrepresentation where he told the trial judge before trial that he did not want to represent himself and the public defender acted as counsel for the remainder of trial without objection C. holding that if a judge believes the exigencies of the trial require that he defer judgment until its completion he may do so without extinguishing his summary contempt power D. holding that plaintiff could not show that he was disabled because he conceded that he could do his job despite his impairment E. holding that the commissioner has an obligation to refuse to grant a patent if he believes that doing so would be contrary to law

assistant: The best answer is C. holding that if a judge believes the exigencies of the trial require that he defer judgment until its completion he may do so without extinguishing his summary contempt power
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 the event any provision of this Agreement shall be held illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining provisions of this Agreement, and this Agreement shall be construed and enforced as if such illegal or invalid provision had not been included.

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: with evidence that the party did not timely file income tax returns). In Cree, the Third Circuit expressly disagreed with Klein, Dunton, and Gellman and explained that the willfulness element of willful failure to file means only that the defendant acted “voluntarily and with the deliberate intent to violate the law.” Cree, 969 F.2d at 37 (citations omitted). In other words, willfulness is the intent (mens rea) that is required of the defendant when he or she commits the crime, not a substantive element of the crime. As the Third Circuit noted, “it is certainly possible, and perhaps even likely, that in some instances individuals who willfully fail to file federal income tax returns do so with the conscious intent to conceal their tax liability from the gove .2d 999, 1003-04 (1995)(<HOLDING>); but see United States v. Lundy, 416 F.Supp.2d Options: A. holding that petit theft is per se a crime involving dishonesty or false statement under section 906101 and disapproving of the practice of conducting a trial within a trial to determine whether an affirmative misstatement or misrepresentation of fact was involved in the commission of the crime the conviction of which is sought to be introduced for impeachment purposes B. holding that witness could not be impeached with prior statement because his silence did not constitute testimony C. holding that a witness may be impeached with evidence of a conviction under 26 usc 7201 because that crime requires an attempt to evade or defeat a tax which implies cheating or defrauding the government and as such involves dishonesty D. holding that an infamous crime under the arkansas constitution is a crime involving elements of deceit and dishonesty E. holding without discussion of montgomery that a defendant can only be impeached by evidence of a conviction of a prior felony or infamous crime

assistant: The best answer is C. holding that a witness may be impeached with evidence of a conviction under 26 usc 7201 because that crime requires an attempt to evade or defeat a tax which implies cheating or defrauding the government and as such involves dishonesty
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No amendment, modification, termination, or waiver of any provision of this Waiver and Consent nor consent to any variance therefrom, shall be effective unless the same shall be in writing and signed by the Required Banks and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

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: of the parent that demonstrate an award of custody to the parent would result in serious physical or emotional harm to the child.” Id. (emphasis added). The majority states that it is invoking the law of this State, but there is absolutely no evidence al court erred in appointing grandmother managing conservator because evidence that mother left child with grandmother by agreement for two years while she attended college and obtained degree, parents had argued in the past, and court-appointed psychologist believed grandmother would be a better choice because parents were too immature, defensive and angry at one another to be good parents raised only “speculation of possible harm”) (emphasis added); In re W.G.W., 812 S.W.2d 409, 414-15 (Tex.App.-Houston [1st Dist.] 1991, no writ) (<HOLDING>). Here, there is absolutely no evidence of any Options: A. holding that a mother and her two children failed to establish a 1983 claim where there was no evidence that threats made to the mother were directly aimed at the relationship between parent and child B. holding that evidence was sufficient to support trial courts best interest finding where mother allowed child to be in contact with individual who had physically abused her mother was not capable of caring for child on her own mother admitted at trial she had not found stable employment and child was doing well in her current placement C. holding evidence legally and factually sufficient under sections d and e to terminate mothers parental rights based in part on evidence that mother placed children with father who lived transient lifestyle with children D. holding evidence of significant impairment insufficient to overcome parental presumption when mother and nonparent seeking custody had unsuccessful marriage child lived with nonparent for period of time mother and nonparent abused each other while child was in home including mothers brandishing fire poker in front of children and trying to stab nonparent with knife in front of children and mother constantly changed residences E. holding evidence insufficient to terminate mothers parental rights under section c because mother made arrangements for adequate support of children evidence showed mother left children with father who maintained steady employment and adequately supported children mother knew that father would provide adequate support and mother left children pursuant to agreed divorce decree

assistant: The best answer is D. holding evidence of significant impairment insufficient to overcome parental presumption when mother and nonparent seeking custody had unsuccessful marriage child lived with nonparent for period of time mother and nonparent abused each other while child was in home including mothers brandishing fire poker in front of children and trying to stab nonparent with knife in front of children and mother constantly changed residences
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this Agreement by Seller does not, and the consummation of the transactions contemplated hereby by Seller will not, violate, conflict with or result in a breach of or constitute a default (with or without notice or lapse of time, or both) under: (a) any provision of the charter documents (or similar governing documents) of Seller, (b) any agreement, instrument, permit, franchise, license, judgment or order applicable to Seller or the Purchased Shares, other than such conflicts, breaches or defaults that, individually or in the aggregate, do not affect Seller’s ability to perform its obligations hereunder and do not result in, and would not reasonably be expected to result in, the creation of any Lien on the Purchased Shares or any liability or obligation for which Purchaser or the Company may be responsible, or (c) any statute, law, ordinance, rule, regulation or order of any Governmental Authority or any judgment, order or decree (U.S. federal, state or local or foreign) applicable to Seller.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: tripadvisor may change , add or delete these terms and conditions or any portion thereof from time to time in its sole discretion where it deems it necessary for legal , general regulatory and technical purposes , or due to changes in the services provided or nature or layout of the website .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of the Transaction Documents by the Company and the consummation by the Company of the transactions contemplated thereby do not and will not (i) conflict with or violate any provision of the Company’s articles of incorporation, bylaws or other organizational or charter documents; (ii) conflict with, or constitute a default (or an event that with notice or lapse of time or both would become a default) under, 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 debt or otherwise) or other understanding to which the Company is a party or by which any property or asset of the Company is bound or affected; or (iii) 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 is subject (including federal and state securities laws and regulations), or by which any property or asset of the Company 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: It is understood and agreed by the parties hereto that money damages would not be a sufficient remedy for any breach of this Agreement by any party hereto and each non-breaching party shall be entitled to seek specific performance and injunctive or other equitable relief (including attorneys’ fees and costs) as a remedy of any such breach, without the necessity of proving the inadequacy of money damages as a remedy. The parties hereto hereby agree not to raise any objections to the availability of the equitable remedy of specific performance to prevent or restrain breaches of this Agreement by the parties hereto and to specifically enforce the terms and provisions of this Agreement to prevent breaches or threatened breaches of, or to enforce compliance with, the respective covenants and obligations of the parties hereto under this Agreement. Each party hereto hereby waives any requirement for the security or posting of any bond in connection with such remedies.

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 case excerpt and choose the best holding from the options. Case excerpt: injuries. On August 2, 1999, the State charged Sanders with vehicular homicide in violation of Iowa Code section 707.6A(1) (1999). This statute makes it a class “B” felony to “unintentionally cause [ ] the death of another by operating a motor vehicle while intoxicated.” Iowa Code § 707.6A(1). Several months after commencement of the criminal prosecution the prosecuting attorney obtained a subpoena directed to the hospital commanding it to produce Sanders’ medical records from July 7 and July 8,1999. Sanders filed a motion to quash. The district court ruled that the records fell within the physician/patient privilege but were not protected from discovery by Iowa Code section 622.10 because the subpoena did not seek testimony. See Chidester v. Needles, 353 N.W.2d 849, 852 (Iowa 1984) (<HOLDING>); Iowa Code § 622.10 (prohibiting a physician Options: A. holding that a subpoena for medical records may be issued only on a reasonable basis thus implying a privacy interest B. holding that section 62210 did not prevent a county attorney from obtaining a precharge subpoena for medical records because the subpoena did not require the disclosure of privileged communications by the giving of testimony C. holding that trial court properly refused to permit disclosure of privileged communications in part because use of the privileged information was not essential to the defense D. holding that the term timely should be read in conjunction with 45c2b that requires a party subject to a subpoena to object to a subpoena duces tecum within 14 days of service of the subpoena E. holding that taxpayer who is the target but not the recipient of an administrative subpoena pursuant to 26 usc 7602 may challenge the subpoena

assistant: The best answer is B. holding that section 62210 did not prevent a county attorney from obtaining a precharge subpoena for medical records because the subpoena did not require the disclosure of privileged communications by the giving of testimony
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 has filed or caused to be filed all federal, state or local tax returns which are required to be filed, and has paid all taxes as shown on said returns or on any assessment received by it, to the extent that such taxes have become due, except where such taxes or other assessments are being contested in good faith with adequate reserves therefore and as otherwise permitted by the provisions of this Agreement or to the extent that the failure to pay such taxes or assessments could 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 case excerpt and choose the best holding from the options. Case excerpt: file post-sentence motions, opting instead to bring this timely direct appeal from his judgment of sentence. ¶ 6 On appeal, Burkett raises the following issues: I.Whether trial counsel was ineffective for failing to file a post verdict motion that the verdict was against the weight of the evidence? II.Whether the verdict was against the weight of the evidence? III.Whether the verdict was contrary to law? Brief and Reproduced Record of Appellant, at 4. II. DISCUSSION ¶ 7 Burkett first argues that trial counsel was ineffective for failing to file a post-verdict motion that the verdict was against the weight of the evidence. We are precluded from reviewing such a claim, which Burkett raises for the first time on direct appeal. Commonwealth v. Grant, 572 Pa. 48, 813 A.2d 726, 738 (2002) (<HOLDING>) (footnote omitted). Accordingly, Burkett’s Options: A. holding that a defendant must generally raise claims of ineffective counsel in a collateral proceeding not on direct review B. holding that ineffective assistance of counsel claims should be brought in collateral proceedings not on direct appeal C. holding that review of counsel ineffectiveness claims should be deferred until collateral review D. holding that as a general rule a petitioner should wait to raise claims of ineffective assistance of trial counsel until collateral review E. recognizing that it is the defendants burden to demonstrate a reason to depart from the general practice that a defendant must generally raise claims of ineffective assistance counsel on collateral review

assistant: The best answer is D. holding that as a general rule a petitioner should wait to raise claims of ineffective assistance of trial counsel until collateral review
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 Partnership is duly licensed or qualified to conduct its business and is in good standing in the State of Delaware and in each jurisdiction in which the properties owned or leased by it or the operation of its business as currently conducted makes such licensing or qualification necessary, except where the failure to be so licensed, qualified or in good standing would not, individually or in the aggregate, have a Material Adverse Effect.

assistant: Qualifications