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: If any provision of the Plan or any Award Agreement or any Award is or becomes or is deemed to be invalid, illegal, or unenforceable in any jurisdiction, or as to any Person or Award, or would disqualify the Plan, any Award Agreement or any Award under any law deemed applicable by the Committee, such provision shall be construed or deemed amended to conform to applicable laws, or if it cannot be so construed or deemed amended without, in the determination of the Committee, materially altering the intent of the Plan, any Award Agreement or the Award, such provision shall be stricken as to such jurisdiction, Person, or Award, and the remainder of the Plan, any such Award Agreement and any such Award shall remain in full force and effect.

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: opinion in our case, however, reaches the opposite conclusion — holding that a Bivens remedy is unavailable to undocumented immigrants challenging stops and arrests in violation of the Fourth Amendment. Because I disagree with the panel’s analysis and believe that the decision to take the extraordinary step of denying Bivens remedies for routine traffic stops and arrests to an entire class of people warrants review by the entire court, I respectfully dissent from the denial of rehearing en banc. 1 . The panel’s opinion refers to foreign nationals present in the United States without lawful immigration status as “illegal aliens”; I choose to refer to these individuals as "undocumented immigrants” instead. 2 . See Martinez-Aguero v. Gonzalez, 459 F.3d 618, 620-21, 625 (5th Cir.2006) (<HOLDING>). The panel’s justification for ignoring Fifth Options: A. holding that excessive force by a school official should be analyzed under the fourth amendment B. holding that a mexican national who alleged that she had been illegally arrested and beaten by a border patrol agent may bring a bivens claim for unlawful arrest and the excessive use of force under the fourth amendment C. recognizing that the fourth amendment protects against the use of excessive force by police officers in carrying out an arrest D. holding that excessive force claims are to be treated under the fourth amendment E. recognizing aliens bivens claim for damages under the fourth amendment against the chief border patrol agent arising from the us border patrol buffalo sectors policy which rewarded usbp buffalo sec tor agents with cash vacation time and gift cards for high arrest numbers but not for the legality of arrests

assistant: The best answer is B. holding that a mexican national who alleged that she had been illegally arrested and beaten by a border patrol agent may bring a bivens claim for unlawful arrest and the excessive use of force under the fourth amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as would not reasonably be expected to result in a Material Adverse Effect, (a) each Group Member has filed or caused to be filed all federal income tax returns and all other tax returns (including tax returns to be filed in foreign jurisdictions) that are required to be filed and has paid all Taxes shown to be due and payable on said returns other than those (i) not yet delinquent or (ii) contested in good faith and as to which adequate reserves have been provided in accordance with GAAP and (b) each Group Member has paid all other Taxes imposed on it or any of its Property by any Governmental Authority responsible for administering taxes, or such taxes are being contested in good faith and have provided adequate reserves in accordance with GAAP for the payment of all such Taxes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Until the Discharge of First Lien Obligations has occurred, the Directing First Lien Collateral Agent shall have the sole and exclusive right, subject to the rights of the First Lien Obligors under the First Lien Financing Documents, to settle or adjust claims over any insurance policy covering the Collateral in the event of any loss thereunder and to approve any award granted in any condemnation or similar proceeding (or any deed in lieu of condemnation) affecting the Collateral. Until the Discharge of First Lien Obligations has occurred, and subject to the rights of the First Lien Obligors under the First Lien Financing Documents, all proceeds of any such policy and any such award (or any payments with respect to a deed in lieu of condemnation) in respect of the Collateral shall be paid to the Directing First Lien Collateral Agent for the benefit of the First Lien Claimholders pursuant to the terms of the First Lien Documents, including any First Lien Intercreditor Agreement and any other intercreditor agreement among the First Lien Collateral Agents (including, without limitation, for purposes of cash collateralization of commitments, First Lien Letters of Credit and obligations under First Lien Hedge Agreements governing any First Lien Secured Hedging Obligations) and thereafter, if the Discharge of First Lien Obligations has occurred, and subject to the rights of the Second Lien Obligors under the Second Lien Financing Documents, to the Directing Second Lien Collateral Agent for the benefit of the Second Lien Claimholders to the extent required under the Second Lien Collateral Documents, and thereafter, if the Discharge of the Second Lien Obligations has occurred, to the owner of the subject property, as directed by the Administrative Borrower or as a court of competent jurisdiction may otherwise direct. Until the Discharge of First Lien Obligations has occurred, if any Second Lien Collateral Agent or any other Second Lien Claimholders shall, at any time, receive any proceeds of any such insurance policy or any such award or payment in contravention of this Agreement, it shall segregate and hold in trust and forthwith pay such proceeds over to the Directing First Lien Collateral Agent in accordance with the terms of Section 4.2 .

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 legal provision and list the applicable contract clause categories. Provision: The Committee shall have authority to adjust or modify the terms of the Plan, Bonuses and/or Performance Metrics due to extraordinary items, transactions, events or developments, or in recognition of other unusual, nonrecurring or infrequent events affecting the Company or the financial statements of the Company, or in response to changes in Applicable Law or accounting principles, subject to the requirements of Applicable Law.

assistant: Adjustments
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: time to the end of the videotape. III. Defendant moved, and the State cross-moved, for leave to appeal the Appellate Division’s judgment. We granted both motions, 205 N.J. 11, 11 A.3d 371 (2010), and we thereafter granted leave to the Attorney General to participate as an amicus curiae. Before this Court, defendant argues that the Appellate Division erred in rejecting the findings ajnd conclusions of the trial court that his initial request to speak with his mother was an invocation of his constitutional right to remain silent. First, he asserts that the panel was obligated to defer to the factual findings of the trial court and that its failure to do so yiolated the clear directives from this Court, requiring reversal. See State v. Robinson, 200 N.J. 1, 17, 974 A.2d 1057 (2009) (<HOLDING>); State v. Elders, 192 N.J. 224, 244, 927 A.2d Options: A. holding that the district courts denial of a reduction for acceptance of responsibility is a factual question and should be accorded great deference and should not be disturbed unless clearly erroneous B. holding that trial courts determination of whether defendant accepted responsibility should not be disturbed unless it is without foundation C. holding that a trial courts findings should be disturbed only if they are so clearly mistaken that the interests of justice demand intervention and correction D. holding that this court will only set aside district courts factual findings when they are clearly erroneous E. holding that the case should be reopened where the cause has not proceeded so far that the ends of justice would be defeated or the orderly process of the court disturbed

assistant: The best answer is C. holding that a trial courts findings should be disturbed only if they are so clearly mistaken that the interests of justice demand intervention and correction
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: districts are inappropriate for use in future elections, see Scheduling Order No. 2, supra, at 2, we enjoin the defendants and the class of election officials they represent from conducting congressional elections using the current congressional districts or any congressional redistricting plan other than that which we hereby adopt. Zachman v. Kiffmeyer, No. C0-01-160, at 9 (Minn. Spec. Redist. Panel March 19, 2002) (Final Order Adoption a Congressional Redistricting Plan) (emphasis added). Respondents also cite statutes, e.g., Minn.Stat. § 204B.14, subd. la (2002) (stating that redistricting should be accomplished in time to allow precinct boundaries to be redrawn for election years “ending in two”), case law, e.g., State ex rel. Norwood v. Holden, 45 Minn. 313, 47 N.W. 971 (1891) (<HOLDING>), and Opinions of the Attorney General, e.g., Options: A. recognizing county officers as those whose general authority and jurisdiction are confined within the limits of the county in which they are appointed who are appointed in and for a particular county and whose duties apply only to that county and through whom the county performs its usual political functions B. holding that an order redistricting a county was merely prospective as to qualifications of county commissioners and did not affect the right to office of those previously elected C. holding before the apa definition of person was amended to include county that the board of county commission ers of dolores county could not sue the state agency that had ordered reappraisals of real property in dolores county in connection with valuation for ad valorem taxation because the board of county commissioners was not a person under the apa and did not otherwise have authority to sue under statute or constitution D. holding that the constitutional qualifications for the office of sheriff were exclusive and the general assembly had no authority to impose additional qualifications as a prerequisite to holding the office of county sheriff E. holding elected constable not the final policymaker and therefore unconstitutional acts of elected county official not chargeable against the county

assistant: The best answer is B. holding that an order redistricting a county was merely prospective as to qualifications of county commissioners and did not affect the right to office of those previously elected
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 Liens granted to Lender under the Loan Documents are for the benefit of Secured Parties. Promptly upon request, Borrowers shall deliver such instruments and agreements, and shall take such actions, as Lender deems appropriate under Applicable Law to evidence or perfect its Lien on any Collateral, or otherwise to give effect to the intent of this Agreement. Each Borrower authorizes Lender to file any financing statement that describes the Collateral as "all assets" or "all personal property" of such Borrower, or words to similar effect, and ratifies any action taken by Lender before the Closing Date to effect or perfect its Lien on any Collateral.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: between a potential customer and a host computer.” See Dawson, 274 S.W.3d at 178; Karstetter, 184 S.W.3d at 405. Therefore, the degree of interaction between the parties must be examined to determine jurisdiction. See Dawson, 274 S.W.3d at 178. Here, the contact in question is an individual’s direct use of the internet to commit, allegedly, the torts of libel, defamation, and business disparagement. Thus, as we determine the “degree of interaction” between the' parties in this ease, we also look to other libel and defamation cases that involved the distribution of tor-tious statements to broad audiences to determine whether Wilkerson’s contact with Texas via the internet is sufficient to satisfy the minimum-contacts requirement. See Revell v. Lidov, 317 F.3d 467, 471-72 (5th Cir.2002) (<HOLDING>); see generally Touradji v. Beach Capital Options: A. holding that in the ninth circuit the effects test established in colder v jones 465 us 783 104 sct 1482 79 led2d 804 1984 is met when a foreign defendant does a wrongful act to a foreign resident without regard to whether the actual act is targeted at the forum B. holding that the ninth circuit erred in granting habeas relief because the state courts decision was not an unreasonable application of strickland v washington 466 us 668 104 sct 2052 80 led2d 674 1984 C. holding that with respect to the preponderance of the evidence standard before any such burden can be satisfied in the first instance the factfinder must evaluate the raw evidence finding it to be sufficiently reliable and sufficiently probative to demonstrate the truth of the asserted proposition with the requisite degree of certainty D. holding trial court free to evaluate credibility of witnesses E. holding that sliding scale used to evaluate internet contacts is still applicable in defamation case in spite of defamation cause of actions unique features concluding that sliding scale is compatible with the effects test of calder v jones 465 us 783 104 sct 1482 79 led2d 804 1984 for intentional torts and stating we must evaluate the extent of the interactivity between parties on internet bulletin board as well as appellants arguments with respect to colder

assistant: The best answer is E. holding that sliding scale used to evaluate internet contacts is still applicable in defamation case in spite of defamation cause of actions unique features concluding that sliding scale is compatible with the effects test of calder v jones 465 us 783 104 sct 1482 79 led2d 804 1984 for intentional torts and stating we must evaluate the extent of the interactivity between parties on internet bulletin board as well as appellants arguments with respect to colder
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: Upon satisfaction of the conditions set forth herein and upon receipt of all closing deliverables set forth in this Section 2 , unless waived by the Corporation and the Holder, a closing (the date of such closing sometimes referred to herein as the “ Closing Date ”) shall occur at the offices of Hunter Taubman Fischer & Li LLC, 1450 Broadway, Fl. 26, New York, NY 10018, or such other location as the parties shall mutually agree. On or before the Closing Date, Holder shall deliver to the Corporation certificates representing the Preferred A Shares, and the Corporation shall deliver to Holder in book entry form the total number of Securities as set forth on Schedule A annexed hereto. On the Closing Date, any and all obligations of the Corporation to Holder under the Certificate of Designation A or with respect to the Preferred A Shares shall be fully satisfied and of no further force or effect and Holder will have no remaining rights, powers, privileges, remedies or interests under the Subscription Agreement, the Certificate of Designation A, or the Preferred A Shares.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with applicable internal Texas law, without regard to conflict of law rules or principles. If any party attempts to institute a legal proceeding to enforce or interpret the terms of this Agreement, or otherwise, such proceeding must be instituted and maintained exclusively in a court of appropriate subject matter jurisdiction in Houston, Harris County, Texas, and each party hereto expressly consents to the jurisdiction and venue of such court and waives any objections to such jurisdiction and venue in any action arising out of or pertaining in any manner whatsoever to this Agreement.

assistant: Venues
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: (O’Connor, J., concurring) (“in my view, [governmental] acknowledgements [of religion], such legislative prayers ... and the printing of ‘In God We Trust’ on our coins serve the secular purposes of solemnizing public occasions, expressing confidence in the future and encouraging the recognition of what is worthy of appreciation in society.” (internal citation and quotation marks omitted)). As such, the Court’s Justices have distinguished our currency from improper governmental endorsements of religion. See, e.g., Van Orden, 545 U.S. at 716, 125 S.Ct. 2854 (Stevens, J., dissenting) (noting that the “message conveyed by the Ten Commandments cannot be analogized to an appendage to a common article of commerce (‘In God We Trust’).”); Cnty. of Allegheny, 492 U.S. at 602-03, 109 S.Ct. 3086 (<HOLDING>); Lynch, 465 U.S. at 716, 104 S.Ct. 1355 Options: A. holding inter alia that the display of a creche at a country courthouse violated the establishment clause but noting that there is an obvious distinction between a creche display and references to god in the motto and the pledge B. holding that the display of a creche as a part of a public christmas display depicts the historical origins of this traditional event long recognized as a national holiday C. holding that the display of a privately sponsored creche on the staircase of the courthouse violated the establishment clause because the display actually favored sectarian religious expression D. holding that display of unattended menorah in city hall park quite close to seat of government violated establishment clause because its combination alongside a secular holiday display did not cause a viewer to see the exhibit as a whole or as a unitary symbol E. holding that county violated establishment clause by giving roman catholic group preferential access to display standalone creche depicting birth of jesus on main staircase of its seat of government because reasonable observer would believe countys action was meant to support and promote christianity

assistant: The best answer is A. holding inter alia that the display of a creche at a country courthouse violated the establishment clause but noting that there is an obvious distinction between a creche display and references to god in the motto and the pledge
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: we may consult with and disclose unlawful conduct to law enforcement authorities and , pursuant to valid legal process , we may cooperate with law enforcement authorities to prosecute users who violate the law .

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: with our Davis approach of analyzing the testimonial nature of a statement independently of its admissibility under the rules of evidence. See Moore v. State, 169 S.W.3d 467, 473 (Tex.App.-Texarkana July 26, 2005, no pet. h.). 14 . See Spencer v. State, 162 S.W.3d 877, 883 (Tex.App.-Houston [14th Dist.] 2005, no pet.) (witness initiated contact); Wilson v. State, 151 S.W.3d 694, 697-98 (Tex.App.-Fort Worth 2004, pet. filed) (finding that admission of non-testifying witness’s self-initiated statements to police officers in response to unstructured questions during the investigation of a crime did not violate Crawford)-, Davis v. State, No. 2-03-305-CR, 2005 WL 183141, at *2, 2005 Tex.App. LEXIS 712, at *4 (Tex.App.-Fort Worth Jan.27, 2005, no pet. h.) (not designated for publication) (<HOLDING>); see also State v. Forrest, 164 N.C.App. 272, Options: A. recognizing that not all statements obtained by the police after a person has been taken into custody are to be considered the product of interrogation B. holding statements by coconspirator nontestimonial and thus admissible C. holding that certified records of maintenance are nontestimonial and are not prepared for any particular defendant D. holding that miranda does not apply to statements of the defendant which are voluntary and unsolicited and not the product of custodial interrogation E. holding that voluntary statements to police initiated by witness are not interrogation and therefore are nontestimonial

assistant: The best answer is E. holding that voluntary statements to police initiated by witness are not interrogation and therefore are nontestimonial
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: elapsed. Id. The owners complied with the order. Sometime thereafter, the district court dismissed the action. On appeal, the First Circuit concluded that the district court had provided all of the redress to which the organization was entitled by entering the restraining order. Id. at 9. With regards to the claims against the owners, the Court of Appeals concluded that the plaintiffs lacked standing since the restraining order provided plaintiffs all the relief to which they were entitled, ie., precluding eviction until one year after the notice. Thus, the First Circuit held that an owner can decide not to renew a project-based HAP contract so long as the tenants are given the proper one-year notice. See also Owens v. Charleston Housing Authority, 336 F.Supp.2d 934, 943 (E.D.Mo.2004) (<HOLDING>). Like in PEH, Plaintiffs here effectively have Options: A. holding that the current property owner may not assert a public nuisance claim against the former owner B. holding that the decision whether to renew a hap rests entirely with the owner and that an owner has no legal obligation to renew C. holding that this court lacked jurisdiction to review the faas decision to not renew a pilot examiner designation D. holding that the faas decision not to renew an aircraft examiners authority is nonreviewable E. holding stock dividend payable to actual owner not owner of record

assistant: The best answer is B. holding that the decision whether to renew a hap rests entirely with the owner and that an owner has no legal obligation to renew
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 hereby represents and warrants to the Lenders that (i) all of the information set forth in this Agreement, including the recitals hereto, is true and correct in all material respects and (ii) after giving effect to the release of Subsidiary Guarantors provided in Section 2.02 of this Agreement, all of the Indebtedness of the Released Subsidiary Guarantors shall be permitted under Section 6.01.

assistant: Representations
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 meet these requirements. First, simply by virtue of the fact that Dr. Hyde is going to be giving opinion testimony at trial, they are entitled to all of the opinions contained in his report. Pursuant to rule 1.280, to be discoverable, the requested matter must not be privileged and must be relevant. Here, for the reasons discussed above, Dr. Hyde’s standard of care opinion is privileged and is not relevant. Second, Respondents argue that they need these opinions because they are entitled to explore Dr. Hyde’s “motive” and “bias.” In addition to failing to explain this theory, Respondents also overlook that offering an expert’s unpresented opinions simply to attack the expert’s credibility is improper. See Jordan ex rel. Shealey v. Masters, 821 So.2d 342, 348-49 (Fla. 4th DCA 2002) (<HOLDING>). Finally, although Dr. Hyde’s opinion related Options: A. holding that fire expert should not have been sequestered where opposing expert testified to facts and theories not revealed prior to trial B. holding that using the opinions of an expert that were not testified to during trial which were irrelevant and solely used to destroy the credibility of the expert was not admissible C. holding that an expert witnesss testimony on an ultimate issue was admissible recognizing that the expert did not specifically testify that the defendant was guilty or that as a matter of law the facts satisfied the applicable legal standard D. holding that the district court should have excluded expert testimony in an excessive force case where the expert testified that defendants conduct was not justified or warranted under the circumstances and totally improper noting that the experts opinions merely told the jury what result to reach E. holding expert testimony was based on reasonable medical probability where there were multiple possible causes and expert testified that one cause was more probable than the others

assistant: The best answer is B. holding that using the opinions of an expert that were not testified to during trial which were irrelevant and solely used to destroy the credibility of the expert was not admissible
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 pretrial hearings, but with pretrial motions, which attach as exhibits, Title III and grand jury materials provided to defense counsel as part of pretrial discovery. In addition, of particular relevance to the present .case, some cases have held that some proceedings on motions to suppress can be filed under seal because if evidence has been seized illegally, the public has no right to it. See e.g., In re Application of Herald Co., 734 F.2d 93 (2d Cir., 1984) (remanding case for district court judge to explain reasons he used for justifying courtroom closure in defendant’s suppression hearing). Generally, the ju dicial system is not served by making illegally seized or inadmissible evidence available to the public. See United States v. McVeigh, 119 F.3d 806, 813 (10th Cir.1997) (<HOLDING>). However, a court should recognize and Options: A. holding that the right of access to suppression hearings and accompanying motions does not extend to evidence actually ruled inadmissible B. holding that confrontation clause protections do not extend to sentencing hearings C. holding that vrcp 78b2 which gives trial courts discretion whether to hold hearings on written motions provides trial courts with discretion to deny evidentiary hearings on posttrial motions D. recognizing that the right does not extend to committing perjury E. holding that there is no right of public access to documents considered in civil discovery motions

assistant: The best answer is A. holding that the right of access to suppression hearings and accompanying motions does not extend to evidence actually ruled inadmissible
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: R. vol. 13 at 914. The second call came at 1:13 p.m., and the caller said, “Hey, you guys still too scared to answer the phone? Don’t touch anything of mine. Trust me. You don’t want to.” Id. Further, beyond safety concerns, Agent Love had an objectively reasonable basis to deploy the numerous agents at the Redds’ house. The search required locating, sorting, and cataloging more than 800 Native American artifacts — a job requiring many personnel. And allowing other agents to help at the Redds’ house after completing their searches elsewhere was also objectively reasonable. Otherwise, it appears that agents could not have finished the search by day’s end, leaving the Redds unable to return to their house that day. Cf. Mountain Pure, LLC v. Roberts, 814 F.3d 928, 931, 933 (8th Cir. 2016) (<HOLDING>). Nor has the Estate offered any cases holding Options: A. holding that it was reasonable for thirtyfive law enforcement agents to search a 100000squarefoot bottling facility B. holding warrantless search of probationers home by law enforcement officer for investigatory purposes was reasonable when conditions of probation included a search term and search was supported by reasonable suspicion C. holding that the principal is liable for an agents acts committed within the scope of the agents employment D. holding monthsold information supported a warrant to search residence for child pornography noting law enforcement agents opinion that pedophiles rarely dispose of such material E. holding that law enforcement commission was a benefit of employment

assistant: The best answer is A. holding that it was reasonable for thirtyfive law enforcement agents to search a 100000squarefoot bottling facility
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the provisions set forth in Appendix 14.3, if a Participant dies before his or her Account is paid to him or her in full, the remaining portion of the Account will be paid to his or her Beneficiary determined in accordance with (b) below.

assistant: General
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: § 1367(d). Subsection (d) preserved Rothmeier’s opportunity to file his dismissed whistleblower claim in state court because the tolling provision was triggered when he “asserted” the claim in federal court pursuant to subsection (a). See id. The federal court need not exercise supplemental jurisdiction over the state law claim for the statute of limitations to be tolled under 28 U.S.C. § 1367(d). See Obendorfer v. Gitano Group, Inc., 838 F.Supp. 950, 957 & n. 3 (D.N.J.1993); Winn v. North Am. Philips Carp., eded he learned about the suspected violation in this case on March 15, 1993, from an internal IAI memorandum that stated: (1) Rahn and corporate counsel had been alerted about the issue of whether IAV-MI should be registered with t usky Oil Co., 429 A.2d 995, 997 (Del.Ch. 1981) (<HOLDING>). As a threshold matter, IAI and IAICMC owed Options: A. holding that an insurer owes no duty of good faith to thirdparty claimants under the insurance code without reaching the question of a possible commonlaw duty B. holding that a partner owes a duty to all other partners to exercise the utmost good faith fairness and loyalty C. holding that the relationship of partners is of a fiduciary character and imposes upon them the obligation to exercise good faith and integrity in their dealings D. holding that an insurer has a duty to act with the utmost good faith towards its insured E. recognizing that an attorney has a duty of loyalty to his client

assistant: The best answer is B. holding that a partner owes a duty to all other partners to exercise the utmost good faith fairness and loyalty
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two or more counterparts, and by different parties hereto on separate counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For all purposes a signature by fax shall be treated as an original.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No provision of this Agreement shall be modified, waived or dis charged unless the modification, waiver or discharge is agreed to in writing and signed by Executive and by an authorized officer of the Company (other than Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

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 legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by each Loan Party of each Loan Document to which such Person is party (x) have been duly authorized by all necessary corporate, partnership, limited liability company or other organizational action, and (y) do not and will not (i) contravene the terms of any of such Person’s Organization Documents, (ii) conflict with or result in any breach or contravention of, or the creation of any Lien (other than Permitted Liens) under, any Contractual Obligation to which such Person is a party or any order, injunction, writ or decree of any Governmental Authority or any arbitral award to which such Person or its property is subject except in the case of this clause (ii) any such conflict, breach or contravention that would not reasonably be expected individually or in the aggregate to have a Material Adverse Effect or (iii) violate any Law, except in any case for such violations that would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before December 6, 2017; provided , however , that no such termination will affect the right of any party to sue for any breach by any other party (or parties).

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: During the continuance of any such Event of Default, the Lender may, by written notice to the Borrower (provided, no such notice shall be required upon the occurrence of any event described in (f) above), terminate the Commitment, and (a) declare (i) the principal of and accrued interest on all of the Loan, under the Note, or hereunder, to be, and the same shall thereupon forthwith become, due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived, and/or (ii) all other amounts hereunder and under the other Loan Documents to become immediately due and payable and such amounts shall become immediately due and payable without presentment, demand, protest or other notice, all of which are hereby expressly waived, and/or (b) exercise any other remedy or right available to the Lender hereunder, under the Note, under the other Loan Documents or under any other document or agreement, or available at law, by statute or in equity.

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: For all of the services to be rendered by the Executive under this Agreement, the Company shall pay the Executive a base salary equal to $250,000 (“Base Salary”). The compensation paid hereunder to the Executive shall be paid in accordance with the normal payroll practices of the Company and shall be subject to the customary withholding taxes and other employment taxes as required with respect to compensation paid by a corporation to an employee. The Base Salary will be subject to annual review and adjustment by the Compensation Committee of the Company’s Board of Directors (“Compensation Committee”) based upon the Executive’s performance.

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: conclude that plaintiff reasonably suspected a violation of law, whether completed or actively planned. Thus, viewing the evidence in the light most favorably to plaintiff, she “reported a suspected violation of an actual law,” which constitutes “protected activity” and is sufficient to establish the first element of a prima facie case under the WPA. Debano-Griffin, 486 Mich at 938. The trial court erred by ruling to the contrary. B. CAUSAL CONNECTION In their motion for summary disposition, defendants also argued that plaintiff could not establish the necessary causal connection between her alleged protected activity and her termination. Although the trial court did not rule on this issue, we are inclined to address it. See Heydon v MediaOne, 275 Mich App 267, 278; 739 NW2d 373 (2007) (<HOLDING>). And we conclude that questions of fact exist Options: A. 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 B. holding an issue not raised in the pleadings is tried by implied consent where the issue is presented considered and ruled upon by the trial court without objection C. holding that even though the arbitrator ruled on the issue of arbitrability it was the responsibility of the court to address that issue de novo D. holding that an appellate court cannot address on appeal an issue never ruled upon by the trial court E. holding that this court will not address the merits of an issue presented for the first time in a reply brief

assistant: The best answer is A. 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
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: territory that is not punishable by Congress, but that “would be punishable if committed ... within the jurisdiction of the State, Territory, Possession, or District in which such [federal territory] is situated, ... shall be guilty of a like offense and subject to a like punishment.” 18 U.S.C. § 13(a). Thus, although the language and scope of the two statutes is somewhat different, the Assimilative Crimes Act also adopts state laws to define and punish offenses that are not federally defined. See id. We have rejected the notion that the incorporation of state law for the definition of offenses under the Assimilative Crimes Act extends to “the whole criminal and constitutional law” of the state in which the offense occurred. See Smayda v. United States, 352 F.2d 251, 253 (9th Cir.1965) (<HOLDING>), abrogated on other grounds by Katz v. United Options: A. holding that californias search and seizure laws do not apply in a prosecution under the aca B. holding that californias antislapp statute is applicable in federal court C. holding that the new york usury laws do not apply to interest charged on past due debts D. holding that infringement laws simply do not apply to a nontrademark use of a mark E. holding that based on 230e2 the cda does not apply to californias statutory and common law right of publicity claims

assistant: The best answer is A. holding that californias search and seizure laws do not apply in a prosecution under the aca
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall promptly notify, and shall cause each Subsidiary to promptly notify, Lender of (i) the occurrence of an Event of Default, or of any event that with notice or lapse of time or both would be an Event of Default, (ii) the commencement of any action, suit, or proceeding against Borrower or any Subsidiary that might in the reasonable judgment of Borrower have a material adverse effect on the business, financial condition, or operations of Borrower or any Subsidiary, and (iii) any other matter that might in the reasonable judgment of Borrower have a material adverse effect on the business, financial condition, or operations of Borrower or any Subsidiary.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: process to enforce state law governing off-reservation conduct [] I would go right to Montana’s rule that a tribe's civil jurisdiction generally stops short of nonmember defendants.” Hicks, 533 U.S. at 375, 121 S.Ct. at 2318, 150 L.Ed.2d at 418. Justice O'Connor, with whom Justices Stevens and Breyer joined, flatly rejected Justice Scalia’s analysis in this portion of his writing, stating that it was "unmoored from our precedents.” Hicks, 533 U.S. at 387, 121 S.Ct. at 2324, 150 L.Ed.2d at 425. Therefore, as indicated, only two justices concurred with that portion of the language and reasoning of the lead opinion upon which the State relies in this case. ZINTER, Justice (concurring specially). [¶ 21.] The State requests that we overrule State v. Spotted Horse, 462 N.W.2d 463 (S.D.1990) (<HOLDING>). Spotted Horse has two underpinnings. The Options: A. holding that the arrest of an indian on indian land was illegal because the state had no jurisdiction over the reservation to enforce its laws including the execution of a search warrant unless congress consented to the states jurisdiction B. holding that based on kansas exercise of criminal jurisdiction over an indian on reservation pursuant to kansas act and ksa 793321 state had jurisdiction in rem to seize contraband cigarettes from his store on reservation C. holding that the state has no jurisdiction to pursue an indian onto an indian reservation for criminal offenses committed off the reservation D. holding that state has no jurisdiction over civil suit by nonindian against indian where cause of action arises on indian reservation E. holding that oklahoma police officer was without jurisdiction to arrest indian inside indian reservation when the state has neither received by express grant nor acted pursuant to congressional authorization to assume criminal jurisdiction over indian country

assistant: The best answer is C. holding that the state has no jurisdiction to pursue an indian onto an indian reservation for criminal offenses committed off the reservation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS (RULES) OR CHOICE OF LAWS (RULES) THEREOF.

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 legal provision and list the applicable contract clause categories. Provision: This Commitment Letter (and any claim, controversy or dispute arising under or related to any of the foregoing, whether based on contract, tort or otherwise) shall be governed by, and construed in accordance with, the law of the State of New York, without giving effect to any conflicts of law principles which would result in the application of the laws of another state; provided , that , (a) the interpretation of the definition of Material Adverse Effect (and whether a Material Adverse Effect has occurred), and (b) the determination of whether the Acquisition has been consummated in accordance with the terms of the Acquisition Agreement, in each case shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of Delaware.

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 legal provision and list the applicable contract clause categories. Provision: The Holder’s representations and warranties contained in Article II hereof shall be true and correct at and as of the Closing as though made as of the Closing Date. The Holder shall have performed and complied in all material respects with all of its covenants and other obligations contained in this Agreement required to be performed or complied with by the Holder at or prior to the Closing Date.

assistant: Representations