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: The headings contained herein are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. References in this Agreement to plans or policies of the Company include only those lawful, written plans or policies that the Company may adopt from time to and deliver to the Executive or post on the Company's or its subsidiaries' websites.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the postconviction court granting in part and denying in part his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Walker was convicted of two counts of armed robbery with a firearm in two separate incidents, and the trial court imposed consecutive prison sentences. On count one of the information, Walker was awarded 1376 days’ credit against the prison sentence for the time spent in county jail awaiting sentencing. In his rule 3.800(a) motion, Walker alleged that he was entitled to 1380 days’ credit on both counts. The postconviction court properly found that because Walker was sentenced to consecutive prison sentences, he was entitled to jail credit on count one, but not on count two. See Steadman v. State, 23 So.3d 811, 813 (Fla. 2d DCA 2009) (<HOLDING>). The postconviction court determined, based on Options: A. holding that jail records can properly be considered in determining jail credit issues raised pursuant to rule 3800a B. holding that a defendant is entitled to credit only for periods in which defendant is in actual or constructive control of jail or prison officials C. holding that a youth detention facility was a jail for purposes of statute requiring credit for time served in jail while awaiting trial D. holding defendant who received treatment in a state hospital was not entitled to jail credit for that time E. holding that a defendant who does not receive concurrent sentences on multiple charges is not entitled to have his jail time credit pyramided by being given credit on each sentence for the full time he spends in jail awaiting disposition he is only entitled to jail credit on the first of the consecutive sentences quoting daniels v state 491 so2d 543 545 fla1986

assistant: The best answer is E. holding that a defendant who does not receive concurrent sentences on multiple charges is not entitled to have his jail time credit pyramided by being given credit on each sentence for the full time he spends in jail awaiting disposition he is only entitled to jail credit on the first of the consecutive sentences quoting daniels v state 491 so2d 543 545 fla1986
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 Grantee’s service as an employee or as a member of the Board of the Company terminates for any reason other than death, disability or Retirement, then upon that termination Grantee shall forfeit all RSUs that have not become vested on or before the date of such termination, and no Shares shall be delivered nor payment made in respect of such RSUs. This Section shall not affect Grantee’s rights under Section 4, if applicable.

assistant: Forfeitures
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: 8.5 using the service on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator as the case may be .

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: This Guaranty is a legal, valid and binding obligation of Guarantor, enforceable against Guarantor in accordance with its terms subject to bankruptcy, insolvency, and other limitations on creditors’ rights generally and to equitable principles.

assistant: Enforceability
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 jury that the children were too knowledgeable about sex for their age and that the Defendant was the one who expose them to this. Defendant wanted to show motive as to why the children would lie, based on the fact the older child was caught engaged in sexual acts with other boys and had a history of lying whenever she was in trouble. The defense theory was that the older child had influence her little sister and was able to get her to lie for her whenever, she was in trouble. Had Defendant been allowed to cross-exami t guarantees a defendant the right to be confronted with the witnesses against him. U.S. Const, amend. VI. The right to confrontation includes the right to conduct reasonable cross-examination. Davis v. Alaska, 415 U.S. 308, 315-16, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974) (<HOLDING>). Cross-examination is the “principal means by Options: A. holding that the constitutional right to crossexamination must be satisfied first before the court can exercise its discretion in limiting the scope or extent of crossexamination B. holding that if crossexamination aims to reveal the motive bias or prejudice of a witness it ought to be allowed C. holding that defendants right to crossexamine a witness for bias or motivation to lie is not grounds for reversal where the jury had enough information despite the limits placed on otherwise permitted crossexamination to assess the defense theory of bias or improper motive D. holding that limitation on scope and breadth of crossexamination did not significantly curtail effectiveness of witness crossexamination because crossexamination was lengthy and extensive E. recognizing that extensive crossexamination of the witness alone is not enough if the crossexamination permitted did not include questions on the issue constitutionally required

assistant: The best answer is B. holding that if crossexamination aims to reveal the motive bias or prejudice of a witness it ought to be allowed
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 is the entire agreement between and among the Parties concerning the subject matters hereof and supersedes and prevails over all prior and/or contemporaneous agreements, understandings, correspondence or representations between and among the parties, whether oral or written. This Settlement Agreement may not be modified or amended, and there shall be no waiver of its provisions, except by a written instrument executed by the Parties. The Parties expressly waive any right to assert, after the execution of this Settlement Agreement, that any undertaking or obligation has, through ignorance, oversight, or for any other reason been omitted from the scope of this Settlement Agreement.

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

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

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Agreement Date, the Borrower has furnished or caused to be furnished to the Administrative Agent and the Lenders as of the Agreement Date, the audited financial statements for the Borrower and its Subsidiaries on a consolidated basis for the fiscal year ended December 31, 2017, and the consolidated balance sheet of the Borrower and its Subsidiaries as at September 30, 2018 and the related consolidated statements of income and cash flows of the Borrower and its Subsidiaries for the nine months then ended, duly certified by the chief financial officer of the Borrower, all of which have been prepared in accordance with GAAP and present fairly, subject, in the case of said balance sheet as at September 30, 2018, and said statements of income and cash flows for the nine months then ended, to year-end audit adjustments and the absence of footnotes, in all material respects the financial position of the Borrower and its Subsidiaries on a consolidated basis, on and as at such dates and the results of operations for the periods then ended. As of the date of this Agreement, none of the Borrower or its Subsidiaries has any liabilities, contingent or otherwise, on the Agreement Date, that are material to the Borrower and its Subsidiaries on a consolidated basis other than as disclosed in the financial statements referred to in the preceding sentence or in the reports filed by the Borrower with the Securities and Exchange Commission prior to the Agreement Date or the Obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for tenant eviction, rent collection and/or other tenant matters and/or any matter covered by Steadfast’s current insurance policies, or as otherwise described on Schedule 9.1.9 hereto, there is no action, litigation, arbitration, mediation, reference, suit or proceeding pending or, to Steadfast’s knowledge, threatened in writing against Steadfast, any Property or any Property Owner in any court or before or by any federal, state, county or municipal department, commission, board, bureau or agency or other governmental instrumentality, that could reasonably be expected to adversely affect the use, value, operations or ownership of any of the Properties or Steadfast’s ability to consummate the transaction contemplated herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Article IX, Article XI, Sections 10.1 through 10.8 and Section 10.10 of the Master Agreement are incorporated herein by reference and shall apply mutatis mutandis to this Amendment.

assistant: Miscellaneous
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 Death or Disability . Upon termination of the Executive’s employment during the Term due to the Executive’s death or Disability, the Bank shall pay to the Executive or to the Executive ’s estate , as applicable, an amount equal to one times the Executive’s annual Base Salary as in effect on the date of such termination. Such death or Disability benefit shall be paid in 12 equal monthly installments commencing on the first business day of the second month beginning after the Executive’s date of termination due to death or Disability. The payments due under this Section 4(c) shall be offset by any benefit or payment provided by the Employers (or on behalf of the Employers ) to any beneficiary of the Executive (including Executive’s estate) on account of Executive’s death or Disability, regardless of whether such benefit or payment is insured or self-i n s ured. In addition, a ll stock options granted by the Corporation to the Executive shall be fully vested as of the date of termination of Executive’s employment due to death or Disability and shall remain exercisable in accordance with the terms of the Executive’s applicable option award agreement .

assistant: Benefits
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: for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without comment the denial of all but one of his claims but remand for the postconviction court to consider Burrow’s claim of an illegal sentence in ground nine of his motion. Burrow was convicted following a jury trial of one count of lewd and lascivious exhibition and one count of lewd and lascivious molestation. He was sentenced to concurrent terms of fifteen and twenty years’ incarceration respectively, followed by ten years’ probation. In his motion for postconviction relief, he alleges that his sentence on the molestation charge is illegal because of a scoresheet error. Such claims may be made in a motion filed under rule 3.850. See State v. Anderson, 905 So.2d 111, 118 (Fla.2005) (<HOLDING>). Burrow points out that the written judgment, Options: A. holding sentencing scoresheet errors harmless where imposition of violent habitual offender sentence was appropriate rendering guidelines inapplicable B. holding habitual sentence rendered guidelines scoresheet irrelevant C. recognizing the need for a trial court to have a properly calculated scoresheet when deciding a sentence and applying the wouldhavebeenimposed standard to rule 3850 motions alleging scoresheet error D. holding defendant sentenced to term equal to maximum guidelines sentence under improperly calculated sentencing guidelines scoresheet was not entitled to be resentenced because defendant was habitualized such that sentencing guidelines score sheet was irrelevant and the sentence imposed was not illegal E. holding that when the trial court sentenced the defendant to prison under the belief that the lowest permissible sentence was a prison term but the lowest permissible sentence under a corrected scoresheet would be a nonprison sanction the court could not say that the same sentence would have been imposed had the trial court had the correct information

assistant: The best answer is C. recognizing the need for a trial court to have a properly calculated scoresheet when deciding a sentence and applying the wouldhavebeenimposed standard to rule 3850 motions alleging scoresheet error
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 Employee agrees to cooperate with the Company as may be requested by the Company or its attorneys: (a) in the defense or prosecution of any claims or actions now in existence or which may be brought in the future against, by or on behalf of the Company or any of its related entities; (b) in connection with any investigation involving the Company or any of its related entities by a governmental or regulatory authority or any internal investigation, provided that such claim, action or investigation relates to events or occurrences that transpired while the Employee was employed by the Company or any of its related entities or about which the Employee may otherwise have knowledge or information; and (c) in connection with any transition-related issues, including but not limited to any matters relating to the Company’s financial, operational and other Company matters. The Employee acknowledges that his cooperation as described above is a material obligation of the Employee under this Agreement and the Company would not have entered into this Agreement absent such obligation of the Employee.

assistant: Cooperation
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: all rights , title and interest in and to the service ( including without limitation any games , titles , computer code , themes , objects , characters , character names , stories , dialogue , catch phrases , concepts , artwork , animations , sounds , musical compositions , audio-visual effects , methods of operation , moral rights , documentation , in-game chat transcripts , character profile information , recordings of games played using a supercell game client , and the supercell game clients and server software ) are owned by supercell .

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: During the Term, in exchange for Executive’s satisfactory performance of his duties and responsibilities Executive will initially be paid a Base Salary at the rate of $365,000 per annum, payable in accordance with the Company’s regular salary payment schedule and subject to applicable taxes and withholdings. The Base Salary of the Executive for subsequent years of this Agreement may be increased, decreased, or may stay the same, depending on the Executive’s performance and the performance 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 case excerpt and choose the best holding from the options. Case excerpt: the second controlled drug buy was merely to increase his sentence. Turner’s sentencing entrapment claim is based on his self-proclaimed status as a small-time, “dime-bag” dealer who was not predisposed to sell the quantity of drugs requested by the informant. We dispatch first with Turner’s sentencing manipulation claim. As the district judge acknowledged, our circuit does not recognize the sentencing manipulation doctrine. Id. at 76; see also United States v. White, 519 F.3d 342, 346 (7th Cir.2008); United States v. Veazey, 491 F.3d 700, 710 (7th Cir.2007). Turner concedes this precedent but encourages us to reconsider the court’s position, pointing to other circuits that have reached the opposite conclusion. See, e.g., United States v. Ciszkowski, 492 F.3d 1264, 1270 (11th Cir.2007) (<HOLDING>); United States v. Rizzo, 121 F.3d 794, 801 & Options: A. recognizing a challenge to jurisdiction as a viable claim B. recognizing sentencing manipulation as a viable defense C. recognizing primary assumption of risk as a viable doctrine D. holding that counsel was ineffective for failing to assert an entrapment defense that was legally available and where there was no other viable defense to present E. holding that such a theory is viable under title vii

assistant: The best answer is B. recognizing sentencing manipulation as a viable defense
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: we think, by the accompanying senseless prohibition of speech (and of other activity in the park) by organizations that fail to meet the technical requirements of the ordinance but for one reason or another pose no risk of the evils that those requirements are designed to avoid. On balance, we think the permissive nature of the ordinance furthers, rather than constricts, free speech. Id. Thomas therefore sets the standard for addressing “as applied” prior restraints on speech resulting from the administration of licensing legislation. Contrast Granite State Outdoor Advertising, Inc., 348 F.3d at 1281-82 (determining that a sign ordinance was content neutral and, consequently, governed by Thomas) with Solantic, LLC v. City of Neptune Beach, 410 F.3d 1250, 1269-70 (11th Cir.2005) (<HOLDING>). Because 48-91 is not, under Lakewood, Options: A. holding that the manner a controlled substance is packaged may be considered in establishing intent to sell and deliver B. holding that defendants ability to pay may be considered in assessing penalty under controlled substances act C. holding that state law controlled damage issues D. holding 1227a2bi limits the meaning of controlled substance for removal purposes to the substances controlled under 802 E. holding that freedman and presumably fwpbs inc controlled the analysis of a sign ordinance the court considered contentbased

assistant: The best answer is E. holding that freedman and presumably fwpbs inc controlled the analysis of a sign ordinance the court considered contentbased
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: 85, 123 S.Ct. 588. II Let me add that I find the majority’s treatment of Brown v. Dillard’s, Inc., 430 F.3d 1004 (9th Cir.2005), to be problematic and I would not reach it. If I, rather than the arbitrator, were to reach the question of whether or not arbitration was properly invoked, however, I would reluctantly conclude that Bromi controls this case. In my view, there is simply no principled difference between the holding that Ms. Brown properly invoked arbitration in Brown and the district court’s finding that Mr. Cox properly invoked arbitration here. 1 . Such approach is correct notwithstanding the majority's citation to out of circuit cases considering waiver based on extensive participation in litigation. See, e.g., Khan v. Parsons Global Servs., 521 F.3d 421, 428 (D.C.Cir.2008) (<HOLDING>); In re Tyco Int’l Ltd. Sec. Litig., 422 F.3d Options: A. holding that parsons waived right to compel arbitration by filing a motion for summary judgment based on matters outside of the pleadings B. holding that district courts consideration of matters outside the pleadings converted the defendants rule 12 motion into one for summary judgment C. holding that a rule 12b6 motion is only converted to a motion for summary judgment when a court accepts and considers matters outside of the pleadings D. holding that by considering matters outside of the pleadings the trial court converted a rule 12b6 motion to dismiss into a summary judgment motion E. holding that a trial court entered judgment on the pleadings where the decision did not depend on any document outside the pleadings

assistant: The best answer is A. holding that parsons waived right to compel arbitration by filing a motion for summary judgment based on matters outside of the pleadings
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: part of the 2016 Max Airflow. With respect to the 2015 Max Airflow, Shock Doctor asserts that Active Brands’s allegations are deficient because they fail to specify when Shock Doctor made, used, sold, or imported an infringing product and do not permit this Court to infer that the 2015 Max Airflow infringes each element of at least one claim. Shock Doctor asserts Active Brands repeats the language of the utility patents but “fails to include sufficient description of how even the 2015 Max Airflow product satisfies that language.” Regarding the D’889 design patent, Shock Doctor contends the allegations do not set forth a claim that could satisfy the ordinary-observer test that applies to such claims. See Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665, 678 (Fed. Cir. 2008) (en banc) (<HOLDING>). Under that test, a product infringes a design Options: A. holding admission of filmed experiment of test vehicle to show design defect was error when plaintiff failed to show test vehicle had same characteristics as plaintiffs car B. holding that the ordinary observer test should be the sole test for determining whether a design patent has been infringed C. holding petitioner has the burden of proof under the strickland test D. holding that jurisdiction exists if either the pluralitys test or kennedys test is met E. recognizing that other courts have found the type of test reliable but finding that this particular urinalysis test was unreliable since the lab did not perform a backup test or identify lab test results and state left questions about how probationers diabetes affected the results

assistant: The best answer is B. holding that the ordinary observer test should be the sole test for determining whether a design patent has been infringed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event you terminate employment by reason of death, any Units that have not vested prior to the date of your death shall immediately vest and shares of Stock shall be issued in accordance with your will or the laws of descent and distribution. Shares of Stock for Units which vest under this Section 4 will be delivered within sixty (60) days after your employment termination date.

assistant: Death
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: 489 U.S. at 596-97, 109 S.Ct. 1378 (emphasis in original). In addition, “there can be no question that apprehension by the use of deadly force is a seizure subject to the reasonableness requirement of the Fourth Amendment.” Tennessee v. Garner, 471 U.S. 1, 7, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985). Lower courts have found that based on the foregoing Supreme Court precedent, “one can reasonably conclude a ‘seizure’ requires restraint of one’s freedom of movement and includes apprehension or capture by deadly force.” Brooks, 614 F.3d at 1219. “However, [those cases] do not stand for the proposition ... that use of deadly force alone constitutes a seizure. Instead, clear restraint of freedom of movement must occur.” Id. See also Reeves v. Churchich, 484 F.3d 1244, 1252-53 (10th Cir.2007) (<HOLDING>); United States v. Hernandez, 27 F.3d 1403, Options: A. holding that deadly force was unreasonable where the suspect possessed a gun but was not pointing it at the officers and was not facing the officers when they shot B. holding that even though police officers pointed their weapons and made verbal commands because one plaintiff ran away and the other pushed the officers gun out of her face they never submitted to the assertions of authority and therefore there was no seizure C. holding that even if the plaintiff had asserted a cause of action under the virginia wrongful death act against the city police officers the police officers would be entitled to sovereign immunity D. holding that police seizure of weapon in plain view even though appellant was handcuffed and under the control of the officers was lawful because there were other occupants in the house who were not handcuffed and who would have had access to the weapon E. holding that plaintiff did not prove by a preponderance of the evidence that her arrest for assault under 290313 was unlawful or that her prosecution was malicious when she grabbed the officer from behind the officer pushed her away and she then grabbed the officers shirt

assistant: The best answer is B. holding that even though police officers pointed their weapons and made verbal commands because one plaintiff ran away and the other pushed the officers gun out of her face they never submitted to the assertions of authority and therefore there was no seizure
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: if you purchase any digital content from viber , any right you may have to withdraw from or cancel the purchase will terminate once the digital content has been delivered to you upon your request , and you will not be entitled to claim any refund , except where you believe viber has charged you in error .

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: the arrest was lawful, we stated: Read together, Payton and Oliver require that police obtain a warrant before entering either the home or its curtilage to make an arrest absent probable cause and exigent circumstances. Under Payton and Oliver, therefore, absent probable cause and exigent circumstances, [the defendant]'s warrantless arrest, although not occurring in his home, was unlawful if his fenced-in backyard falls within the curtilage of his home. Id. at 183. We went on to conclude that the fenced-in backyard constituted curtilage of the home, thereby warranting the Fourth Amendment's protection against warrantless entry for arrest. Id. at 184. Other states and federal courts are in accord with this approach, holding that an arrest occurring outside of 81 (Va. Ct. App. 1998) (<HOLDING>); State v. Mierz, 866 P.2d 65, 70-71 (Wash. Ct. Options: A. holding that where arrest was unlawful police officer committed a battery when he touched plaintiff during arrest B. holding that arrest immediately out side of defendants house violated fourth amendment C. holding that arrest by the back door of defendants house was unlawful D. holding that defendants constitutionally protected privacy interest began at the door to his room not at the door to the rooming house E. holding that the protective sweep incident to the defendants arrest in front of his house on suspicion of murder was not justified because the evidence that an accomplice was involved in the murder did not equate to evidence that someone would be hiding out in the defendants house a month after the crime occurred and at the time of the arrest the officers were not chasing the defendant from a crime scene

assistant: The best answer is C. holding that arrest by the back door of defendants house was unlawful
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: Neither this Letter Agreement nor any of the rights, interests or obligations under this Letter Agreement shall be assigned or delegated, in whole or in part, by operation of Law or otherwise by any of the parties without the prior written consent of the other parties. Subject to the preceding sentence, this Agreement will be binding upon, inure to the benefit of, and be enforceable by, the parties and their respective successors and assigns. Any purported assignment in violation of this Section 11 shall be null and void.

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: Each Party hereto represents and warrants to the other Party, as of the A&R Agreement Effective Date, as follows: (a) it is duly organized and validly existing under the Laws of its jurisdiction of incorporation; (b) it has full corporate power and authority and has taken all corporate action necessary to enter into and perform this Agreement; (c) the execution and performance by it of its obligations hereunder will not constitute a breach of, or conflict with, its organizational documents or any other material agreement or arrangement, whether written or oral, by which it is bound or requirement of applicable Laws; (d) this Agreement is its legal, valid and binding obligation, enforceable in accordance with the terms and conditions hereof (subject to applicable Laws of bankruptcy and moratorium and other Laws of general application affecting the enforcement of creditor rights, judicial principles affecting the availability of specific performance and general principles of equity, whether enforceability is considered a proceeding at law or equity); (e) such Party is not prohibited by the terms of any agreement to which it is a party from performing the IO Discovery Program or granting the rights or licenses hereunder; and (f) no broker, finder or investment banker is entitled to any brokerage, finder’s or other fee in connection with this Agreement or the transactions contemplated hereby based on arrangements made by it or on its behalf.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by the Owner and Incorporate Apps of this Agreement and the consummation of the transactions contemplated hereby have been duly authorized by all necessary corporate action on the part of the Owner and Incorporate Apps and all necessary action on the part of the Owner and Incorporate Apps. The Owner and Incorporate Apps have duly executed and delivered this Agreement and this Agreement constitutes a valid and binding agreement of the Owner and Incorporate Apps.

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 case excerpt and choose the best holding from the options. Case excerpt: characterization and states that no one is “the boss per se.” (Affidavit of Jerry Eller “Eller Aff.” ¶ 14.) Additionally, Eller has been present for every corporate meeting of Eller and Sons Trees that generated minutes, and he personally signed all corporate minutes. He was involved in the decision to downsize the company in 2005 and was also involved in the decision to set up another company as a wholly-owned subsidiary of Eller and Sons Trees. Eller has participated in addressing workshop safety at Eller and Sons Trees and participates in vehicle purchases and sales. On occasion, Eller has even planted trees himself. All of these facts support the conclusion that Eller was the employer of Plaintiffs, opt-in Plaintiffs, and the Rule 23(b)(3) class members. See Patel, 803 F.2d at 638 (<HOLDING>); Donovan, 747 F.2d at 972 (noting that the Options: A. holding that liability in a 1983 action must be predicated on personal involvement not on the basis of respondeat superior B. holding that a likelihood that the suspect will escape supports a finding of exigency C. holding that officers involvement in daytoday operations supports finding of personal liability D. holding that the absence of legitimate income supports the finding of probable cause in a forfeiture action E. holding that individual liability under 1983 must be based on personal involvement in the alleged constitutional violation

assistant: The best answer is C. holding that officers involvement in daytoday operations supports finding of personal liability
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 constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and thereof and supersedes all previous contracts and understandings between the parties with respect to the subject matter hereof and thereof.

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: ordinary case should be for a specific time, and that time should be stated in the Order or Decree making the award. Preferably, that time should be fixed in relation to a specified program or goal on the part of the recipient party that will lead to self-sufficiency before that time.” Governor’s Commission’s Report, at 4. It is now well recognized that the sole purpose of temporary alimony is rehabilitation of the recipient spouse and, for that reason, an award of temporary alimony must be grounded in a finding that the recipient spouse is not self-supporting and needs training,' education, or other steps to help that spouse achieve .financial self-reliance. Reuter v. Reuter, 102 Md.App. 212, 229, 649 A.2d 24 (1994). See also Lemley v. Lemley, 102 Md.App. 266, 300, 649 A.2d 1119 (1994)(<HOLDING>). In keeping with the recommendations of the Options: A. holding that for 9year marriage where wife was 29years old and able to be selfsufficient rehabilitative alimony should have been awarded reversing permanent periodic alimony as inappropriate B. holding that property transferred by a spouse to avoid support obligation may be considered on the issue of property distribution as well as alimony C. holding that an award of temporary or rehabilitative alimony may not be made unless the recipient spouse is not selfsupporting and citing hull v hull 83 mdapp 218 220221 574 a2d 20 1990 D. recognizing that even though a spouse is already employed or employable an award of rehabilitative alimony may also be justified as a bridgethegap measure to aid the recipient in making the transition from a married to a single state E. holding that an obligation is in the nature of alimony when it is intended to provide support for the spouse rather than an equalization of property rights

assistant: The best answer is C. holding that an award of temporary or rehabilitative alimony may not be made unless the recipient spouse is not selfsupporting and citing hull v hull 83 mdapp 218 220221 574 a2d 20 1990
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 disclosed to the Administrative Agent by the Borrower in writing from time to time after the Closing Date, Part (a) of Schedule 3.13 sets forth the name and jurisdiction of incorporation of each Subsidiary and, as to each such Subsidiary, the percentage of each class of Capital Stock owned by the Borrower. There are no outstanding subscriptions, options, warrants, calls, rights or other agreements or commitments (other than stock options or restricted stock granted to employees, financial advisors or directors and directors’ qualifying shares) of any nature relating to any Capital Stock of the Borrower or any Subsidiary. The Borrower has no equity investments in any other corporation or entity other than those specifically disclosed in Part (b) of Schedule 3.13 . All of the outstanding Capital Stock of the Subsidiaries owned by the Borrower have been validly issued, are fully paid and nonassessable and are owned free and clear of all Liens. All of the outstanding Capital Stock in the Borrower has been validly issued and are fully paid and nonassessable. No Subsidiary is a party to, or otherwise subject to any Requirement of Law or Contractual Obligation (other than this Agreement, the agreements listed on Schedule 6.08 as of the date of this Agreement and customary limitations imposed by regulation, corporate law or similar statutes) restricting the ability of such Subsidiary to pay dividends out of profits or make any other similar distributions of profits to the Borrower or any of its Subsidiaries that owns outstanding shares of capital stock or similar equity interests of such Subsidiary.

assistant: Subsidiaries
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 consent, approval or authorization of, or filing, registration or qualification with, any Person required to be obtained or effected by Borrower, in connection with the execution and delivery of the Loan Documents or the undertaking or performance of any obligation thereunder has been duly obtained or effected; further, no authorization, consent, approval or other action by, and no notice to or filing with, any governmental authority or regulatory body is required for the due execution, delivery or performance by Borrower of any Loan Documents to which it is or will be a party, except for approvals which have been obtained and are in full force and effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that any term or provision of this Agreement shall be finally determined to be superseded, invalid, illegal or otherwise unenforceable pursuant to applicable law by an authority having jurisdiction and venue, that determination shall not impair or otherwise affect the validity, legality or enforceability: (i) by or before that authority of the remaining terms and provisions of this Agreement, which shall be enforced as if the unenforceable term or provision were deleted, or (ii) by or before any other authority of any of the terms and provisions of this Agreement.

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: separate causes of action[J” Id. at 647. We g, Inc., 109 So.3d 752, 760-62 (Fla.2013) (stating that “[n]o Florida decision has allowed a survivor to recover under the wrongful death statute where the decedent could not have recovered” and that under Florida law “[t]he estate and heirs stand in the shoes of the decedent”) (citations and quotation marks omitted); Sanford v. Castleton Health Care Ctr., LLC, 813 N.E.2d 411, 422 (Ind.Ct.App.2004) (arbitration clause bound personal representative to arbitrate wrongful death and survival action claims because Indiana law permitted personal representative to maintain action “only if the decedent, if alive, might have maintained such a cause of action”); Ballard v. Sw. Detroit Hosp., 119 Mich.App. 814, 327 N.W.2d 370, 371 (1982) (per curiam) (<HOLDING>); Cleveland v. Mann, 942 So.2d 108, 118-19 Options: A. holding that instruction on use of deadly force was not required where there was no evidence that decedent had attempted to assault appellant appellant could not retreat or that decedent was armed B. holding that although the filing of suit and service of citation interrupt the running of the statute its dismissal for want of prosecution will have the same effect as if the suit had never been filed C. holding that michigan wrongful death action is a derivative one in which the representative in effect stands in the shoes of the decedent and thus any substantive impediment that would have prevented the decedent from commencing suit will likewise preclude suit by the personal representative D. holding that a prior suit and a subsequent suit between the same parties did not involve the same claim because the evidence necessary to sustain the subsequent suit was insufficient to entitle the plaintiff to relief in the prior suit E. recognizing that in a derivative action the corporation for whose benefit suit is brought is a necessary party to the action

assistant: The best answer is C. holding that michigan wrongful death action is a derivative one in which the representative in effect stands in the shoes of the decedent and thus any substantive impediment that would have prevented the decedent from commencing suit will likewise preclude suit by the personal representative
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: before her husband’s injury manifested itself. Id. at 1272. Affirming the constitutionality of the statute, the Fifth Circuit concluded that Jones still had a legal remedy because she was able to pursue her claims against other defendants. See id.; see also Gomez, 246 S.W.3d at 314; Wilson, 864 N.E.2d at 695. The court noted that Jones had sued her s merely regulate the remedy are not within constitutional prohibition against retrospective laws); Villiers v. Republic Fin. Servs., Inc., 602 S.W.2d 566, 572 (Tex.App.-Texarkana 1980, writ ref'd n.r.e.) (noting that generally, statutes concerning remedies are to be applied to actions tried after their passage even though action arose beforehand); Sergeant Enters., Inc. v. Strayhorn, 112 S.W.3d 241, 250 (Tex.App.-Austin 2003, no pet.) (<HOLDING>); see 16A C.J.S. Constitutional Law § 267 Options: A. holding that expenditures on architectural planning do not create vested right B. recognizing that remedial statutes may be applied to pending cases because they usually do not affect vested right C. holding that the clayton acts provisions on injunctive relief applied to pending cases D. holding a defendant is not vested with a right to be absent from trial E. recognizing that cases have generally treated statutory exceptions from remedial statutes as affirmative defenses

assistant: The best answer is B. recognizing that remedial statutes may be applied to pending cases because they usually do not affect vested right
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: Reserved . All representations and warranties of each Credit Party set forth in the Documents were true and correct in all material respects as of the time such representations and warranties were made and shall be true and correct in all material respects as of the Restatement Effective Date as if such representations and warranties were made on and as of such date, unless stated to relate to a specific earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date.

assistant: Representations