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: Whenever notice is required to be given under this Warrant, unless otherwise provided herein, such notice shall be given in accordance with the notice provisions contained in the Purchase Agreement. The Company shall provide the Holder with prompt written notice (i) immediately upon any adjustment of the Exercise Price, setting forth in reasonable detail, the calculation of such adjustment and (ii) at least twenty days prior to the date on which the Company closes its books or takes a record (A) with respect to any dividend or distribution upon the shares of Common Stock, (B) with respect to any grants, issuances or sales of any stock or other securities directly or indirectly convertible into or exercisable or exchangeable for shares of Common Stock or other property, pro rata to the holders of shares of Common Stock or (C) for determining rights to vote with respect to any Fundamental Transaction, dissolution or liquidation, provided in each case that such information shall be made known to the public prior to or in conjunction with such notice being provided to the Holder.

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 Company has been formed as a Delaware limited liability company by the filing of the Certificate of Formation of the Company (the “ Certificate of Formation ”) in the office of the Secretary of State of the State of Delaware under and pursuant to the Act. The Members hereby agree that during the term of the Company, the rights and obligations of the Members with respect to the Company will be determined in accordance with the terms and provisions of this Agreement and, except where the Act provides that such rights and obligations specified in the Act shall apply “unless otherwise provided in a limited liability company agreement” or words of similar effect and such rights and obligations are set forth in this Agreement, the Act. Notwithstanding anything herein to the contrary, Section 18-210 of the Act, entitled Contractual Appraisal Rights, shall not apply or be incorporated into this Agreement.

assistant: Organizations
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 and the rights, duties and obligations of the Company hereunder may not be assigned or delegated by the Company in whole or in part. This Agreement and the rights, duties and obligations of the holders of Registrable Securities hereunder may be freely assigned or delegated by such holder of Registrable Securities in conjunction with and to the extent of any transfer of Registrable Securities by any such holder. This Agreement and the provisions hereof shall be binding upon and shall inure to the benefit of each of the parties and the permitted assigns of the Investor or holder of Registrable Securities or of any assignee of the Investor or holder of Registrable Securities. This Agreement is not intended to confer any rights or benefits on any persons that are not party hereto other than as expressly set forth in Article 4 and this Section 6.2. No assignment by any party hereto of such party’s rights, duties and obligations hereunder shall be binding upon or obligate the Company unless and until the Company shall have received (i) written notice of such assignment and (ii) the written agreement of the assignee, in a form reasonably satisfactory to the Company, to be bound by the terms and provisions of this Agreement (which may be accomplished by an addendum or certificate of joinder to this Agreement).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Board of Directors may amend the terms of the Agreement if it determines it is in the best interest of the Company and its Note Holders. In the event either party wishes to amend this Agreement, the Agreement may only be amended or waived in a writing executed by the both parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Post-Change Period prior to the Termination Date, (i) Executive’s position, duties and responsibilities (other than the position or level of officer to whom the Executive reports or any change that is part of a policy, program or arrangement applicable to peer executives of the Company and any successor to the Company) shall be at least commensurate in all material respects with the most significant of those held, exercised and assigned at any time during the 90-day period immediately before the Change Date (or if the Change Date ended an Imminent Control Change Period, during the 90-day period immediately before the beginning of the Imminent Control Change Period) and (ii) Executive’s services shall be performed at the location where Executive was employed immediately before the Change Date (or if the Change Date ended an Imminent Control Change Period, before the beginning of such Imminent Control Change Period) or any other location no more than 50 miles from such location (unless such other location is closer to Executive’s residence than the prior location).

assistant: Positions
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: error affected defendant’s substantial rights requires the defendant to “show a reasonable probability that, but for the error, he would not have entered the plea.” United States v. Dominguez Benitez, 542 U.S. 74, 83, 124 S.Ct. 2333, 159 L.Ed.2d 157 (2004). If there is “evidence tending to show that a misunderstanding was inconsequential to a defendant’s decision,” there is no effect on the defendant’s substantial rights. Id. at 84, 124 S.Ct. 2333. To affect a defendant’s substantial rights, there must be “nothing in the record [that] indicates that the defendant independently knew or was advised of the correct” mandatory minimum sentence. United States v. Smagola, 390 Fed.Appx. 438, 442 (6th Cir.2010) (unpublished); see also United States v. Syal, 963 F.2d 900, 906 (6th Cir.1992) (<HOLDING>). While the record does seem to show that Options: A. holding that invitederror doctrine precludes defendant from challenging sentence of supervised release where defendant requested sentence of supervised release B. holding that term of supervised release was not automatically terminated when defendant was deported from united states and thus defendants subsequent commission of another offense illegal reentry after deportation prior to expiration of term of supervised release violated condition of supervised release that defendant commit no new offenses C. holding that courts failure to tell defendant in rule 11 plea hearing that he faced a mandatory period of supervised release was harmless error because the defendant was on notice of the supervised release requirement set out in the plea agreement and the defendant did not claim he was unaware of the requirement only that court technically had failed to comply with requirements of rule D. holding that the failure to notify the defendant of the term of supervised release and its possible effect on his sentence was not harmless error where nothing in the record suggests that the defendant understood that his sentence would include supervised release and there was no written plea agreement by which he might have been warned E. holding that further supervised release may be ordered as a sentence for violation of supervised release

assistant: The best answer is D. holding that the failure to notify the defendant of the term of supervised release and its possible effect on his sentence was not harmless error where nothing in the record suggests that the defendant understood that his sentence would include supervised release and there was no written plea agreement by which he might have been warned
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 obligations of the Supporting Party under ARTICLE II and Section 4.1 of this Agreement shall remain in effect until the earliest to occur of (a) the performance in full by the Supporting Party of their obligations under the Agreement, and (b) the termination of the Merger Agreement in accordance with Section 7.1 of the Merger Agreement (such earliest date being referred to herein as the “ Termination Date ”). After the occurrence of such applicable event, the provisions of this Agreement shall terminate and be of no further force or effect; provided that nothing in this Section 5.2 shall relieve or otherwise limit any party of liability for any breach of this Agreement occurring prior to such Termination Date. Upon termination of this Agreement, no party shall have any further obligations or liabilities under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parent Borrower agrees to reimburse the Administrative Agent for its reasonable and documented out-of-pocket expenses in connection with this Amendment, including the reasonable and documented fees, charges and disbursements of one counsel for the Administrative Agent.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice required hereunder shall (a) be delivered by hand or (b) sent by registered or certified mail addressed to the other party hereto at its address set forth above for the Company and the last known address for Employee. Any such notice shall become effective (i) if mailed, on the date indicated on the receipt or if not accepted, the date indicated that delivery was attempted, and (ii) in the case of delivery by hand, upon delivery or attempted delivery as shown on the records of the deliveries.

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: Executive shall be paid an annualized Base Salary, payable in accordance with the regular payroll practices of the Company, of not less than $300,000, with increases, if any, as may be approved in writing by the Compensation Committee; provided, however , that the foregoing shall not preclude the Company from reducing Executive’s Base Salary as part of an across-the-board reduction applicable to all similarly situated executive officers of the Company.

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 legal provision and list the applicable contract clause categories. Provision: If Lender shall waive any provisions of this Agreement or any of the Loan Documents, or shall fail to enforce any of the conditions or provisions of this Agreement, such waiver shall not be deemed to be a continuing waiver, and shall never be construed as such, and Lender shall thereafter have the right to insist upon the enforcement of such conditions or provisions.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the notice to oculus must be sent by certified post addressed to : general counsel , oculus vr , llc , 1601 willow road , menlo park , ca 94025 , usa .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and Bands of the Yakima Indian Nation, 492 U.S. 408, 431, 109 S.Ct. 2994, 106 L.Ed.2d 843 (1989). A nonmember’s impact must be “demonstrably serious.” Id. The Estates claim that deaths of tribal members cause damage to the community by depriving the Tribe of potential councilmembers, teachers and babysitters. However, Strate rejected this argument, noting that “if Montana’s second exception requires no more, the exception would severely shrink the rule.” 520 U.S. at 458, 117 S.Ct. 1404. As we stated in Wilson, “[i]f the possibility of injuring multiple tribal members does not satisfy the second Montana exception under Strate, then, perforce, [a plaintiffs] status as a tribal member alone cannot.” 127 F.3d at 815; see also County of Lewis v. Allen, 163 F.3d 509, 515 (9th Cir.1998) (<HOLDING>). Nor does the Tribe’s burial allowance for its Options: A. recognizing the compelling interest in highway safety B. holding that a tribes bare interest in the safety of its members cannot satisfy the second exception C. holding that an indian tribes exercise of criminal jurisdiction over nonindians is inconsistent with the domesticdependent status of the tribes and that tribes may not assume such jurisdiction without congressional authorization D. holding apprendi does not satisfy second exception in teague E. recognizing the public interest exception

assistant: The best answer is B. holding that a tribes bare interest in the safety of its members cannot satisfy the second exception
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Sections 3 and 4, in order to vest in the RSUs, the Participant must continue as an active employee of an Employing Company for three years from the Date of Grant, subject to the Employing Company’s right to terminate the Participant’s employment at any time for any reason. The RSUs shall vest on the three-year anniversary of the Date of Grant, provided that the Participant is continuously employed by an Employing Company through such anniversary.

assistant: Vesting
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 and Purchaser hereby represent each to the other that, except as set forth below, they have not disclosed this Agreement, or the transactions contemplated hereby or the subject matter hereof, to any real estate broker, agent, or salesperson so as to create any legal right or claim in any such broker, agent, or salesperson for a real estate brokerage commission or compensation with respect to the negotiation or consummation of this Agreement. Seller and Purchaser hereby indemnify each other against, and agree to hold and save each other harmless from, any claims (or expenses related thereto, including, but not limited to, expenses for reasonable attorneys' fees incurred in defending any such claims or enforcing this indemnity) for any real estate brokerage commissions or similar fees arising out of or in any way connected with any claimed agency relationship with the indemnitor and relating to the subject matter hereof. The parties recognize CBRE and DOUGLAS ELLIMAN (collectively, the “Broker”) as the sole broker with whom they have dealt in this transaction. Seller shall pay a total of four (4%) percent commission payable to Broker pursuant to separate agreement. This Section shall survive the Closing or any termination of this Agreement.

assistant: Brokers
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 failure by any Lender, any L/C Issuer or the Administrative Agent to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided, and provided under each other Loan Document, are cumulative and not exclusive of any rights, remedies, powers and privileges provided by Law.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in addition , if you , zynga or a zynga corporate family member brings a claim in court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated , the other of us can ask a court to force us to go to arbitration to resolve the claim ( i.e. , compel arbitration ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: By the issuance of a Letter of Credit (or an amendment to a Letter of Credit increasing the amount thereof) and without any further action on the part of the relevant Issuing Bank or the Revolving Lenders, the relevant Issuing Bank hereby grants to each Revolving Lender, and each Revolving Lender hereby acquires from the relevant Issuing Bank, a participation in such Letter of Credit equal to such Revolving Lender’s Applicable Percentage of the aggregate amount available to be drawn under such Letter of Credit. In consideration and in furtherance of the foregoing, each Revolving Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of the relevant Issuing Bank, such Revolving Lender’s Applicable Percentage of each LC Disbursement made by such Issuing Bank and not reimbursed by the Company on the date due as provided in paragraph (e) of this Section, or of any reimbursement payment required to be refunded to the Company for any reason. Each Revolving Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of Letters of Credit is absolute and unconditional and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit or the occurrence and continuance of a Default or reduction or termination of the Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: declared “that privileges, in general, are not favored in the law and therefore should be strictly construed.” Moretti v. Lowe, 592 A.2d 855, 857 (R.I.1991) (citing Jordan v. Court of Appeals for the Fourth Supreme Judicial District, 701 S.W.2d 644, 647 (Tex.1985)). Mindful that the primary function of the judicial process indisputably is truth-seeking, we have “declared that privileges do not aid the quest for truth, the core function of the adversary process[.]” Pastore v. Samson, 900 A.2d 1067, oviding for privileges “must not be used as a shield to obstruct proper discovery of relevant information[.]” Moretti, 592 A.2d at 858 (emphasis added). A party may not hide behind confidentiality to avoid disclosure of unfavorable evidence. See State v. Guido, 698 A.2d 729, 734 (R.I.1997) (<HOLDING>); see also In re Doe, 717 A.2d 1129, 1135 Options: A. holding letter that came into evidence without objection may be used to establish any material fact B. holding that a statute providing for confidentiality of medical records may not be used to shield relevant and material evidence from legal process C. holding that constitutional right of privacy does not apply to medical records D. recognizing records material to selfdefense claim outweigh victims interest in confidentiality E. recognizing a corporations legal rights to confidentiality and privilege

assistant: The best answer is B. holding that a statute providing for confidentiality of medical records may not be used to shield relevant and material evidence from legal process
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, the Offer Letter dated October 23, 2016, the At-Will Employment, Confidential Information, Invention Assignment, and Arbitration Agreement, and Executive’s written equity compensation agreements with the Company constitute the entire agreement of the parties hereto and supersede in their entirety all prior representations, understandings, undertakings or agreements (whether oral or written and whether expressed or implied) of the parties with respect to the subject matter hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to a trial court’s decision on legal issues. Frost-Benco Elec. Ass’n v. Minnesota Pub. Utils. Comm’n, 358 N.W.2d 639, 642 (Minn.1984). Whether the doctrines of official immunity and sovereign immunity apply to the facts requires us to focus on the nature of the officer’s particular acts in question. Johnson v. Morris, 453 N.W.2d 31, 42 (Minn.1990); see Nusbaum v. County of Blue Earth, 422 N.W.2d 713, 719 (Minn.1988) (“each case must be judged in a fashion which focuses on whether the legislature intended to immunize the particular government activity”). The determination of whether an officer’s actions were malicious or willful is generally a fact question to be decided by a jury, but may be resolved by summary judgment. See Elwood v. County of Rice, 423 N.W.2d 671, 679 (Minn.1988) (<HOLDING>). Whether the officer’s actions were Options: A. holding it is a question of fact B. recognizing the open question C. holding that generally the question of waiver and estoppel is a question of fact D. recognizing application of the doctrines may involve a fact question for the jury but not finding such a question in the case before it E. holding that claim construction is an issue of law for the court not a question of fact for the jury

assistant: The best answer is D. recognizing application of the doctrines may involve a fact question for the jury but not finding such a question in the case before it
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 validity, interpretation, construction and performance of the Plan shall in all respects be governed by the laws of the State of Delaware without reference to principles of conflict of law, except to the extent pre-empted by Federal 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: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: however , if your claim for damages does not exceed $ 75,000 , academia.edu will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your demand for arbitration was frivolous or was brought for an improper purpose ( as measured by the standards set forth in federal rule of civil procedure 11 ( b ) ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery, and performance by each Credit Party of each Credit Document to which such Credit Party is a party and the consummation of the transactions contemplated thereby, (a) are within such Credit Party’s powers, (b) have been duly authorized by all necessary corporate, limited liability company or partnership action, (c) do not contravene any articles or certificate of incorporation or bylaws, partnership or limited liability company agreement binding on or affecting such Credit Party, (d) do not contravene any law or any contractual restriction binding on or affecting such Credit Party, (e) do not result in or require the creation or imposition of any Lien prohibited by this Agreement, and (f) do not require any authorization or approval or other action by, or any notice or filing with, any Governmental Authority except, in the case of clauses (d) and (f) , to the extent such contravention or the failure to obtain authorization, approval or notice or take other action could not reasonably be expected to have a Material Adverse Change.

assistant: Authorizations
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: in the event of a test issue ( described below ) , duolingo will , at its option , either ( a ) provide the user with a refund for the affected test , or ( b ) use reasonable efforts to resolve the test issue .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Administrative Agent, the Lenders, the Arrangers, the Joint Bookrunning Managers, the Syndication Agents and the Documentation Agents agrees to maintain the confidentiality of the Information (as defined below) and neither use nor disclose such Information, except that Information may be used by such Person in evaluating the credit worthiness of the Borrower or in providing financial services to Borrower or any of its Subsidiaries and may be disclosed, subject to the last paragraph of this Section and limitations set forth in this Agreement relating to Public Lenders, (a) to its Affiliates and to its and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and representatives on a need-to-know basis (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), (b) to the extent requested or demanded by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process (in which case the Borrower will be promptly notified (to the extent reasonably practicable and permitted by applicable law)), (d) to any other party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially consistent with or more restrictive than those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement, (ii) any pledgee referred to in Section 9.04(d) or (iii) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to the Borrower and its Obligations, (g) with the consent of the Borrower or (h) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to the Administrative Agent, any Lender or any of their respective Affiliates on a nonconfidential basis from a source other than the Borrower or any of its Related Parties, which source is not known to such Administrative Agent, Lender or Affiliate thereof to be prohibited from disclosing such information by a legal, contractual or fiduciary obligation to the Borrower or any of its Subsidiaries.

assistant: Confidentiality
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: Failure or delay on the part of either party hereto to enforce any right, power or privilege hereunder shall not be deemed to constitute a waiver thereof. Additionally, a waiver by either party or a breach of any promise hereof by the other party shall not operate as or be construed to constitute a waiver of any subsequent waiver by such other party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 81 did not have a traffic control device posted indicating any restrictions or prohibitions for travel. (Notes of testimony, 10/6/05 at 11-12; trial court opinion, 12/14/05 at 3 n. 4.) Without such a posting, appellant claims the trial court erred in finding her guilty of the violation when she was not properly afforded notice of the restriction. ¶ 5 The parties have not cited and we have been unable to discover any legislative history regarding the statute in question. We are thus presented with a preliminary issue of statutory interpretation. Statutory interpretation is an issue of law over which we exercise plenary review. Commonwealth v. Magliocco, 584 Pa. 244, 247, 883 A.2d 479, 481 (2005); see also Commonwealth v. Dellisanti, 583 Pa. 106, 112 n. 8, 876 A.2d 366, 369 n. 8 (2005) (<HOLDING>). ¶ 6 In interpreting a statute, we are guided Options: A. holding that appellate court may only review issues actually presented to and considered by the trial court B. holding that this court may address an issue not ruled on by the trial court if it presents a question of law and all the facts necessary for its resolution have been presented C. holding that statutory construction is a question of law which this court reviews de novo D. recognizing that what this court had treated as an issue of sufficiency actually presented a question of statutory construction E. holding that claim construction is an issue of law for the court not a question of fact for the jury

assistant: The best answer is D. recognizing that what this court had treated as an issue of sufficiency actually presented a question of statutory construction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party hereto has been represented by legal counsel in connection with the negotiation and drafting of this Agreement and any related documents. The Parties acknowledge that each Party and its counsel have reviewed and revised this Agreement and related documents, and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement or any related documents.

assistant: Construction
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 following terms which are defined in the Uniform Commercial Code are used herein as so defined: Accounts, Chattel Paper, Commercial Tort Claims, Deposit Accounts, Documents, Equipment, General Intangibles, Goods, Instruments, Inventory, Investment Property, Letter of Credit, Letter-of-Credit Rights, Payment Intangibles, Proceeds, Records, Securities Accounts, Security, Security Entitlements and Supporting Obligations.

assistant: Definitions
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: is not granted,” but does not “disallow every appeal when a rehearing is granted.” 307 S.W.3d at 275. Instead, the concurrence crafts an exception for a vaca- tur with rehearing that “amounts to a denial of confirmation.” Id. at 275. This interpretation sidesteps the statute’s plain language, further eviscerating subsection (5)’s policy that disallows an appeal when an order, which grants a rehearing, is interlocutory. Even the court of appeals in this case rejected such an argument, conceding that “[ujnder the plain language of the statute, a party can appeal the denial of an application to confirm an arbitration award, but cannot appeal an order which vacates an award and directs a rehearing.” 209 S.W.3d at 893. Furthermore, the concurrence’s argument contradicts e Ct.App.1965) (<HOLDING>); Max Rieke & Bros., Inc. v. Van Deurzen & Options: A. holding that an appeal from an order vacating an award while directing a rehearing is an appeal improvidently taken B. holding that order vacating award and ordering rehearing is analogous to order granting new trial C. holding an appeal may be taken from an order denying a motion to compel arbitration D. holding that an order vacating an arbitration award and directing a rehearing is the functional equivalent of an order granting a new trial E. holding that pennsylvanias equivalent of 171098a5 implies that an appeal cannot be taken from an order vacating an arbitration award and directing a rehearing

assistant: The best answer is A. holding that an appeal from an order vacating an award while directing a rehearing is an appeal improvidently taken
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: “John Doe” is not a misnomer). Instead, “John Doe” is a fictitious name used in legal proceedings to designate a person whose identity is unknown. See Black’s Law Dictionary 845 (7th ed.1999); see also Webster-’s Third New International Dictionaey 1218 (1993). “A plaintiff uses [‘John Doe’] intentionally to identify the fact that the defendant’s real identity is unknown.” Grantham, 683 So.2d at 541. In addition, the misnomer doctrine is applicable when a plaintiff has made a mistake. See Pierson v. SMS Fin. II, L.L.C., 959 S.W.2d 343, 347 (Tex.App.-Texarkana 1998, no pet.); Cortinas v. Wilson, 851 S.W.2d 324, 326-27 (Tex.App.-Dallas 1993, no writ). Riston’s naming “John Doe” instead of ThyssenKrupp was clearly not a mistake. See Jacobsen v. Osborne, 133 F.3d 315, 321 (5th Cir.1998) (<HOLDING>). Therefore “John Doe” was not a misnomer for Options: A. holding that no fiduciary duty existed between the plaintiff and defendant because there was no evidence that the parties agreed that defendant would be acting primarily for the benefit of the plaintiffs B. holding that failure to identify the defendant in the information is an omission of an essential element because the primary purpose of the charging document is to inform the defendant of the nature of the accusations brought against him C. holding that the defendant who is the same defendant as in this case clearly is entitled to headofstate immunity D. recognizing that the holding of cartwright does not apply when there is a plaintiff a defendant and a thirdparty defendant E. recognizing that for a john doe defendant there is no mistake in identifying the correct defendant rather the problem is not being able to identify that defendant

assistant: The best answer is E. recognizing that for a john doe defendant there is no mistake in identifying the correct defendant rather the problem is not being able to identify that defendant
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 United States Code only serve as "prima fa-cie” evidence of the law unless they are enacted as "positive law,” in which case they too serve as legal evidence of the laws. Tax Analysts v. Internal Revenue Serv., 214 F.3d 179, 182 n. 1 (D.C.Cir.2000); see 1 U.S.C. § 204(a) ("[WJhenever titles of such Code [of Laws of the United States] shall have been enacted into positive law the text thereof shall be legal evidence of the laws therein contained, in all the courts of the United States.”). Title 7 has not been enacted into positive law. See 1 U.S.C.A. § 204, United States Code Titles as Positive Law. In this case, therefore, the court is not bound by the codifier’s placement of FETRA in Title 7. Cf. United States v. Welden, 377 U.S. 95, 98 n. 3, 84 S.Ct. 1082, 12 L.Ed.2d 152 (1964) (<HOLDING>). 16 . It is also unsupported by the Options: A. holding that when congress is silent on the issue of the burden of proof applicable to a common law affirmative defense that does not negate an element of the offense we presume congress intended the defendant to bear the burden of proof of the defense by a preponderance of the evidence B. holding that upon approval by congress a compact between states becomes federal law that binds the states C. holding that where congress has directed the agency to issue a rule without regard to any other provision of statute or regulation that applies to issuance of such rule congress has amended the law and does not offend the constitution D. holding that when congress has not enacted a codification as positive law a change of arrangement by the codifier without the approval of congress which places portions of what was originally a single section in two separate sections should be given no weight E. holding that an unconstitutional act of congress has no legal effect

assistant: The best answer is D. holding that when congress has not enacted a codification as positive law a change of arrangement by the codifier without the approval of congress which places portions of what was originally a single section in two separate sections should be given no weight
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All representations and warranties made hereunder and in any other Loan Document or other document delivered pursuant hereto or thereto or in connection herewith or therewith shall survive the execution and delivery hereof and thereof and any update of any Schedule. Such representations and warranties have been or will be relied upon by Administrative Agent and each Secured Party, regardless of any investigation made by Administrative Agent or any Secured Party or on their behalf and notwithstanding that Administrative Agent or any Secured Party may have had notice or knowledge of any Default at the time of any credit extension, and shall continue in full force and survive the Release Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: language approach to interpreting Section 97-36. This Court’s precedent identifies that a modified contract containing the required formation elements is a new contract. See, e.g., NRC Golf Course, LLC v. JMR Golf LLC,_N.C. App._,_, 731 S.E.2d 474, 480 (2012) (“Parties to a contract may agree to change its terms; but the new agreement, to be effective, must contain the elements necessary to the formation of a contract.” (emphasis added)). Like other newly formed contracts, a modified contract may be made in this state. The General Assembly crafted Section 97-36 with a full view that the phrase “employment contract” contemplated both contracts of hire as well as modifications of existing contracts which, by long-standing precedent, are new agreements. See id,.; co (Tex. App. 1983) (<HOLDING>). The Commission held that modification of an Options: A. holding maryland had jurisdiction where the original contract of hire was formed in texas but a later contract modification was agreed to in maryland B. holding that for a suit to be brought in the venue in which the contract was to be performed the contract must expressly state where the performance of the contract was to occur C. holding that the place of performance governs the legality of the contract and because the contract was to be performed in mexico texas public policy against gambling was not implicated D. holding that louisiana had jurisdiction over a modified contract of employment where the original employment contract was formed in texas but additional consideration for employment was negotiated in louisiana E. holding that no modification of the original employment contract occurred when the employer unilaterally issued a new handbook

assistant: The best answer is A. holding maryland had jurisdiction where the original contract of hire was formed in texas but a later contract modification was agreed to in maryland
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: present circumstances, however, any earnings that the County would have realized on unclaimed bond funds would not have attached to the principal and, hence, would not have given rise to ownership rights associated with those funds, because the bondholders did not own, and were not entitled to collect, such interest no matter how much túne elapsed after the bonds matured. For this reason, we find that the County’s suggested interpretation is also reasonable. Thus, contrary to Appellants’ suggestion, it is not entirely clear from the face of the statute whether the Legislature intended unclaimable interest and other accretions to escheat along with the principal in every case. The statute being ambiguous, see Trizechahn Gateway LLC v. Titus, 601 Pa. 637, 653, 976 A.2d 474, 483 (2009) (<HOLDING>), we must resolve the question with reference Options: A. holding there was no doubt that the trial judge erred in failing to appoint at least two experts B. holding that federal courts are bound by state interpretations of state law C. holding that interpretations of a statute which produce absurd results are to be avoided if alternative interpretations consistent with the legislative purpose are available D. holding that when a contract is ambiguous and the parties suggest different interpretations summary judgment is inappropriate because an issue of fact exists E. recognizing that an ambiguity exists when there are at least two reasonable interpretations of the text under review

assistant: The best answer is E. recognizing that an ambiguity exists when there are at least two reasonable interpretations of the text under 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: There are no actions, suits, proceedings, or investigations pending or, to the knowledge of ONEM after reasonable investigation, threatened by or against ONEM or affecting ONEM or its properties, at law or in equity, before any court or other governmental agency or instrumentality, domestic or foreign, or before any arbitrator of any kind. ONEM does not have any knowledge of any material default on its part with respect to any judgment, order, injunction, decree, award, rule, or regulation of any court, arbitrator, or governmental agency or instrumentality.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: notation does not demonstrate the necessary clear intent to directly contract for the primary benefit of Dorsett Concrete with respect to the funds represented by the cheek. We agree. Dorsett Concrete has directed us to no summary judgment proof that raises fact questions that if resolved favorably to Dor-sett Concrete would establish the clear intent by Safeco Title and the Project’s owner to primarily benefit Dorsett Concrete. At best, the check and notation establish that Dorsett Concrete was an incidental beneficiary of the contract. But a mere incidental beneficiary may not enforce a provision of a contract. Id. at 383; see, e.g., Citizen’s Nat’l Bank v. Texas & Pac. Ry., 136 Tex. 333, 150 S.W.2d 1003, 1006-1007 (1941), cert. denied, 314 U.S. 656, 62 S.Ct. 109, 86 L.Ed. 526 (1941) (<HOLDING>). We find that the summary judgment dismissing Options: A. holding that an order to disgorge funds was final even though the order did not distribute the funds B. holding that defendant violated section 4b when she misappropriated pool participant funds by soliciting funds for trading and then trading only a small percentage of those funds while disbursing the rest of the funds to investors herself and her family C. holding that materialmen and laborers are not thirdparty beneficiaries of funds retained under construction contracts even if a contracting party holds the retained funds for the purpose of satisfying claims and hens D. holding that a plaintiff surety had to pay all outstanding claims owed by the contractor or it otherwise would not be permitted to share in any retained funds held by the government E. holding in part that a paymentbond surety is entitled to the benefit of the equitable rights of both the contractor had the contractor completed performance and paid his laborers and materialmen and the subcontractors

assistant: The best answer is C. holding that materialmen and laborers are not thirdparty beneficiaries of funds retained under construction contracts even if a contracting party holds the retained funds for the purpose of satisfying claims and hens