flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: establish “a legitimate expectation of privacy in the particular area[ ] of the [vehicle] searched,” based on either a property or possessory interest in the vehicle itself or an interest in the pi’operty seized. Rakas v. Illinois, 439 U.S. 128, 148, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978) (explaining that a passenger qua passenger would not normally have a legitimate expectation of privacy in the trunk, glove compartment, or area under the seat of a car); see also United States v. Eylicio-Montoya, 18 F.3d 845, 851 (10th Cir. 1994) (“A passenger may establish standing [to challenge a car search] by, inter alia, demonstrating some relationship to the vehicle sufficient to establish her lawful possession or control thereof.”); United States v. Jefferson, 925 F.2d 1242, 1249 (10th Cir.1991) (<HOLDING>); United States v. Erwin, 875 F.2d 268, 270-71 Options: A. holding that a passenger has standing to challenge a stops constitutionality because the passenger is seized from the moment a car is stopped B. holding that the driver of a car who had permission to use the car had standing to challenge its search C. holding that appellants had no standing to challenge search of car because they had no ownership or possessory rights of any kind in the car D. holding that a passenger who lacked a property or possessory interest in the automobile or property seized lacked standing to challenge a search of the car E. holding a nonowner passenger claiming no interest in crack seized from the car had no standing to challenge the search

assistant: The best answer is E. holding a nonowner passenger claiming no interest in crack seized from the car had no standing to challenge the search
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall be paid a base salary (the “ Base Salary ”) of $350,000 per year, less applicable deductions, payable in installments in accordance with the Company’s customary payroll practices. The Company may, in its sole discretion, adjust the Base Salary, as and when the Company deems appropriate.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: termination of your yahoo account includes any or all of the following : ( a ) removal of access to all or part of the offerings within the yahoo services , ( b ) deletion of your password and all related information , files and content associated with or inside your account ( or any part thereof ) , and ( c ) barring of further use of all or part of the yahoo services .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller shall furnish Purchaser with copies of all written notices, which to Seller’s knowledge are received by Seller, of (i) any violation of any law, statute, ordinance, regulation or order of any governmental or public authority relating to the Property, (ii) any proposed change in any zoning or law affecting the use or development of the Property, (iii) any pending or threatened in writing litigation which affects or relates to the Property and would subject Purchaser to liability or which would materially and adversely affect the transaction contemplated hereby, (iv) any material damage or destruction (excluding normal wear and tear) to the Property, or (v) any pending or threatened in writing condemnation or eminent domain proceeding affecting the Property.

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: is defined as the killing of a human being “caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.” § 782.071, Fla. Stat. (2004). The degree of culpability required for vehicular homicide is less than the level of culpable negligence necessary to prove manslaughter, but more than a mere failure to use ordinary care. McCreary v. State, 371 So.2d 1024, 1026 (Fla.1979). Vehicular homicide cannot be proven without also proving the elements of reckless driving, which requires proof of a “willful or wanton disregard for the safety of persons or property.” See State v. Del Rio, 854 So.2d 692, 693 (Fla. 2d DCA 2003); § 316.192(1), Fla. Stat. In determining whether a defendant was driving recklessl 2d DCA 1983) (<HOLDING>). This court, however, has held that grossly Options: A. holding that evidence was sufficient to support conviction for vehicular homicide where defendant was driving anywhere from 67 to 90 miles per hour in a residential neighbor hood which alone justified denial of the motion for judgment of acquittal even though the defendant was also playing with his cd driving in rainy conditions and rounding a curve in the road B. holding that speed alone will not support a conviction but that other factors supported the vehicular homicide conviction where defendant was speeding at 50 to 60 miles per hour in a 30 mile per hour residential area with slowchildren playing sign C. holding that evidence was insufficient to support conviction for vehicular homicide where the defendant was driving 60 miles per hour in a 30 mile per hour zone before the collision and a minimum of 50 miles per hour at the time of impact D. recognizing that 90 per hour is a reasonable rate for a paralegal E. holding 350 per hour reasonable for civil rights federal court litigation

assistant: The best answer is B. holding that speed alone will not support a conviction but that other factors supported the vehicular homicide conviction where defendant was speeding at 50 to 60 miles per hour in a 30 mile per hour residential area with slowchildren playing sign
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: an insurance policy from Life Investors. As a result, Mary’s selection of optional insurance did not create a separate, binding insurance contract, but instead arose out of the original Lease. Moreover, Mary did not allege in her complaint that she was an “insured or beneficiary under any insurance policy” as stated in section 15-48-10(b)(4). Instead, Mary’s complaint alleged Harrelson breached its fiduciary duty and breached the parties’ contract by failing to procure the credit life insurance from Life Investors. Because Mary’s asserted causes of action arise out of an automobile lease agreement and not an insurance contract, the circuit court properly held Mary was required to submit her claims against Harrelson to binding arbitration. See Cox, 347 S.C. at 468, 556 S.E.2d at 402 (<HOLDING>). CONCLUSION We conclude the Lease between Mary Options: A. holding section 15 4810b4 is a specific exemption limited only to entities within the insurance industry B. recognizing only specific limited forms of pleadings C. holding that section 12a2 did not apply to a private placement memorandum which was subject to a section 42 exemption D. holding a writ was appropriate when the authorization was not limited as to time and not limited to specific healthcare providers E. holding that bankruptcy jurisdiction is not within section 5 of the fourteenth amendment

assistant: The best answer is A. holding section 15 4810b4 is a specific exemption limited only to entities within the insurance industry
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: husband under the CAT. Id. at 763. The BIA agreed with the IJ that Kone’s claim was an impermissible derivative claim and denied Kone’s appeal. Id. However, the Seventh Circuit accepted Kone’s argument, concluding that “the prospect of FGM of one’s child can constitute harm to an unwilling parent.” Id. at 765. Accordingly, the court remanded the case for the BIA to consider whether Kone successfully made out claims of “direct, as opposed to derivative, persecution of the petitioner.” Id.; see also Kone v. Holder, 596 F.3d 141, 153 (2d Cir.2010) (remanding a petitioner’s claim for the BIA to consider whether “a mother who was herself a victim of genital mutilation” experiences persecution when her daughter may “suffer the same fate”); Abay v. Ashcroft, 368 F.3d 634, 642 (6th Cir.2004) (<HOLDING>). Our circuit has not yet addressed the Options: A. recognizing as an element of pain and suffering B. holding that because persecution cannot be based on a fear of psychological harm alone petitioner was ineligible for withholding of removal based on the psychological harm she would suffer if her us citizen daughter were to undergo fgm C. recognizing that withholding of removal claims must fail if petitioner is unable to show the objective likelihood of persecution needed to make out an asylum claim and the claims are based on the same factual predicate D. recognizing as separate from pain and suffering E. recognizing that a petitioner for asylum and withholding of removal can demonstrate direct persecution based on the harm of being forced to witness the pain and suffering of her daughter if she were subjected to fgm

assistant: The best answer is E. recognizing that a petitioner for asylum and withholding of removal can demonstrate direct persecution based on the harm of being forced to witness the pain and suffering of her daughter if she were subjected to fgm
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: affirm the judgment below in its entirety. A. First, Ihnken argues that the evidence presented by the parties in connection with their respective pretrial motions demonstrated that he was deprived of adequate process before Defendants revoked his permit and abruptly ended the festival. For this reason, Ihnken contends that the district court erred in denying his request for summary judgment on his procedural due process claims and instead allowing these claims to proceed to trial. But, Ihnken may not challenge this aspect of the judgment below because the denial of a motion for summary judgment is not subject to appeal after a full trial and final judgment on the merits of a given claim. See Chesapeake Paper Prods. Co. v. Stone & Webster Eng’g Corp., 51 F.3d 1229, 1237 (4th Cir. 1995) (<HOLDING>); see also Varghese v. Honeywell Int'l, Inc., Options: A. holding that pure issue of law is preserved by motion for summary judgment and is reviewable after final judgment B. holding that a grant of summary judgment in favor of one party creates a final judgment allowing appellate review of denial of opposing partys summary judgment motion C. holding that we will not review under any standard the pretrial denial of a motion for summary judgment after a full trial and final judgment on the merits D. holding that denial of motion for summary judgment is interlocutory even though trial judge had stated that there was no just reason for delay because denial of motion for summary judgment was not a final determination of defendants rights and the appeal did not affect defendants substantial rights E. holding that the courts denial of either a motion to dismiss or a motion for summary judgment is not a final judgment and is not reviewable

assistant: The best answer is C. holding that we will not review under any standard the pretrial denial of a motion for summary judgment after a full trial and final judgment on the merits
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: provides, in pertinent part, that “[ejxcept where exclusive original jurisdiction of an action or proceeding is ... vested in another court of this Commonwealth, the courts of common pleas' shall have unlimited original jurisdiction of all actions and proceedings, including all actions and proceedings heretofore cognizable by law or usage in the courts of common pleas.” 42 Pa.C.S. § 931(a). While section 931(a) acts as a catch-all provision for the jurisdiction of courts of common pleas, unlike section 721, it does not specifically reference mandamus actions. Instead, the Supreme,Court’s jurisdiction over such actions can be traced back to the King’s Bench and has been consistently recognized by the Supreme Court’s jurisprudence. See, e.g., In re Bruno, 627 Pa. 505, 101 A.3d 635 (2014) (<HOLDING>); Pennsylvania Labor Relations Board v. Butz, Options: A. recognizing the supreme courts longstanding jurisdiction over writs of prohibition and mandamus to courts of inferior jurisdiction B. recognizing that the supreme courts earliest uses of the kings bench powers commonly implicated the common law writs of mandamus and prohibition C. holding that the superior court may not issue writs of prohibition to review an order denying recusal before final judgment D. holding mandamus under the all writs act 28 u s c 1651 improper but expressing no opinion on relief under the federal mandamus statute 1361 E. holding that district courts have power to issue writs of prohibition to administrative agencies to prevent them from exceeding their jurisdiction

assistant: The best answer is B. recognizing that the supreme courts earliest uses of the kings bench powers commonly implicated the common law writs of mandamus and prohibition
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: conduct — conduct that is “characteristic of [crimes committed by] the armed career criminal,” id. at 145, 128 S.Ct. 1581 (internal quotation marks omitted) — the perpetrator is more l section (l)(b) of Oregon’s second-degree assault statute clearly involves “purposeful, violent, and aggressive conduct.” The subsection applies when a defendant acts more than just negligently or recklessly, and punishes assaultive conduct when the “defendant was aware of the assaultive nature of his conduct.” See Barnes, 986 P.2d at 1167. To be sure, to act knowingly in Oregon does not require knowledge that physical injury could possibly occur as a result of particular conduct, or conscious disregard of risks associated with that conduct. See State v. Jantzi, 56 Or.App. 57, 641 P.2d 62, 63-64 (1982) (<HOLDING>), abrogated on other grounds by State v. Boone, Options: A. holding that officers reliance on accountant negated a finding that he acted consciously voluntarily intentionally knowingly or recklessly in his failure to pay tax B. holding that mere possession of a dangerous weapon is insufficient to support a charge of robbery with a dangerous weapon C. holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present D. holding that where defendant knew he had a dangerous weapon and it was possible that an injury would occur he acted recklessly not knowingly under oregon law E. holding that it was not necessary for the state to prove that the defendant knew the precise nature of the controlled substance he was convicted of delivering when evidence established that he knew it was a controlled substance

assistant: The best answer is D. holding that where defendant knew he had a dangerous weapon and it was possible that an injury would occur he acted recklessly not knowingly under oregon law
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: INIS shall invoice Progenics for the applicable Supply Price for each quantity of Product supplied pursuant to this Agreement promptly upon delivery of such quantity of Product in accordance herewith. Progenics shall pay the applicable invoices within thirty (30) days of receipt of the invoice. Progenics shall notify INIS in writing of any dispute with any invoice (along with substantiating documentation and a reasonably detailed description of the dispute). Progenics will be deemed to have accepted all invoices for which INIS does not receive timely notification of dispute and shall pay all undisputed amounts due under such invoices within the period set forth above. All payments to be made pursuant to this Agreement shall be paid in United States dollars. To the extent required by applicable Laws, Progenics shall withhold from any payment any amounts required to be withheld in accordance with the applicable taxing or other governmental authorities.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Webb, 194 F.3d 1116, 1132 n. 8 (10th Cir.1999) (noting that, once an employee notifies an employer of a disability and requests reassignment, both parties should “interact in good faith to determine how to reasonably accommodate the employee”). We begin by recognizing that a request for reassignment may constitute protected activity under the ADA. We have treated requests for reasonable accommodation as protected activity under the ADA. See Selenke v. Med. Imaging of Colo., 248 F.3d 1249, 1265 (10th Cir.2001); Butler v. City of Prairie Vill., 172 F.3d 736, 752 (10th Cir.1999). And a request for reassignment to a vacant position is a request for a reasonable accommodation. 42 U.S.C. § 12111(9)(B); see also Smith v. Midland Brake, Inc., 180 F.3d 1154, 1167 (10th Cir.1999) (en banc) (<HOLDING>). Hence, if Mr. Jones had a reasonable, good Options: A. holding that when an employer takes steps to accommodate an employees restrictions it is not thereby conceding that the employee is disabled under the ada or that it regards the employee as disabled B. holding that employers must when appropriate accommodate a disabled employee by reassignment to a vacant position if employee cannot be accommodated in existing job C. holding that an employer does not necessarily regard an employee as disabled simply by finding the employee to be incapable of satisfying the singular demands of a particular job D. holding that the employers willingness to accommodate the employee undercut the employees claim of constructive discharge E. holding that an employee whose disability is related to his ability to perform the duties of his position is not disabled under the act and therefore an employer has no duty to accommodate

assistant: The best answer is B. holding that employers must when appropriate accommodate a disabled employee by reassignment to a vacant position if employee cannot be accommodated in existing job
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: See OCGA § 15-18-80 (b) (“It shall be the purpose of such a program to provide an alternative to prosecuting offenders in the criminal justice system.” (emphasis supplied)). 28 Cf. Commonwealth v. McSorley, 485 A2d 15, 19 (Pa. Super. Ct. 1984) (“In placing a defendant into a diversion program, the state covenants to dismiss the charges once the defendant satisfies the conditions of the program. Unless the defendant violates one of those conditions, the state cannot prosecute him. Just as the terms of a plea bargaining arrangement are binding on the state, so must the terms of a diversion agreement bind the state. To hold otherwise, would create a disincentive for defendants to enter diversion programs.” (citation omitted)); State v. Urvan, 446 NE2d 1161, 1166-67 (IV) (Ohio App. 1982) (<HOLDING>). But see Evans v. State, 293 Ga. App. 371, 373 Options: A. holding that defendants successful completion of pretrial intervention program in one county and the entry of a nolle prosequi as to the relevant charges in that county barred subsequent prosecution in a separate county for charges arising out of the same conduct B. 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 C. holding that relief against county and state officers was barred by the eleventh amendment because the state funded and cooperated in operating the county program at issue D. holding that the grant county prosecutor had a statutory duty to be legal advisor to the county clerk even though she was not embroiled in litigation in which the county was the real party in interest E. holding that both saline county and grant county had jurisdiction to try the appellant for murder where the actual killing occurred in one county but the acts requisite to the consummation of the murder and the subsequent disposal of the body occurred in the other county

assistant: The best answer is A. holding that defendants successful completion of pretrial intervention program in one county and the entry of a nolle prosequi as to the relevant charges in that county barred subsequent prosecution in a separate county for charges arising out of the same conduct
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 Holder and other Secured Party hereby irrevocably authorizes the Agent, on behalf of and for the benefit of the Holders and the other Secured Parties, to be the agent for and representative of the Holders and the other Secured Parties with respect to the Security Instruments and to enter into such other agreements with respect to the Collateral (including intercreditor agreements) as it may deem necessary with the consent of the Requisite Holders. The Agent is expressly authorized to execute any documents or instruments or take other actions necessary to (i) release any Lien (x) encumbering any item of Collateral that is the subject of a sale or other disposition of assets permitted hereby or (y) with respect to which release the Requisite Holders (or the Holders as may be required to give such consent under Section 12.02 ) have consented to, or (ii) release any Guarantor from the guarantee pursuant to the Guaranty Agreement with respect to (x) any Person that no longer constitutes a Subsidiary as a result of a transaction permitted hereby or (y) which release the Requisite Holders (or such other Holders as may be required to give such consent under Section 12.02 ) have consented to.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The headings of sections and subsections in this Agreement are inserted for convenience of reference only and shall not in any way affect the construction, meaning or interpretation of any provision of this Agreement, and shall not be deemed or construed in any way to limit the meaning of such sections.

assistant: Headings
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: To the best of its knowledge, the Company has complied with all statutes and regulations applicable to its business, except to the extent that noncompliance would not materially and adversely affect the business, operations, properties, assets, or condition of the Company or except to the extent that noncompliance would not result in the occurrence of any material liability for the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Whenever used in this Agreement, the singular number will include the plural, and the plural number will include the singular, and the masculine or neuter gender shall include the masculine, feminine, or neuter gender. The headings of the Sections of this Agreement have been inserted for purposes of convenience and shall not be used for interpretive purposes. The Administrator shall have full discretion to interpret and administer this Agreement. Any actions or decisions by the Administrator in connection with this Agreement shall be conclusive and binding upon Participant.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: There is no broker, investment banker, financial advisor, finder or other Person which has been retained by or is authorized to act on behalf of the Purchaser who might be entitled to any fee or commission for which the Company will be liable in connection with the execution of this Agreement and the consummation of the transactions contemplated hereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Term, the Executive shall serve as the Chief Executive Officer of the Company, reporting to the Board of Directors of the Company (the “ Board ”). As CEO, the Executive shall have such duties, authority, and responsibility as shall be determined from time to time by the Board, which duties, authority, and responsibility are consistent with the Executive’s position. The Executive shall also serve as a member of the Board and, if requested, as an officer or director of any affiliate of the Company for no additional compensation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company expressly acknowledges and agrees that (i) this Section 23 constitutes an agreement to arbitrate between the Company and the Holder (and constitutes an arbitration agreement) under § 7501, et seq. of the New York Civil Practice Law and Rules (“ CPLR ”) and that the Holder is authorized to apply for an order to compel arbitration pursuant to CPLR § 7503(a) in order to compel compliance with this Section 23, (ii) a dispute relating to a Conversion Price, (iii) the terms of this Note and each other applicable Transaction Document shall serve as the basis for the selected investment bank’s resolution of the applicable dispute, such investment bank shall be entitled (and is hereby expressly authorized) to make all findings, determinations and the like that such investment bank determines are required to be made by such investment bank in connection with its resolution of such dispute and in resolving such dispute such investment bank shall apply such findings, determinations and the like to the terms of this Note and any other applicable Transaction Documents, (iv) the Holder (and only the Holder), in its sole discretion, shall have the right to submit any dispute described in this Section 23 to any state or federal court sitting in The City of New York, Borough of Manhattan, in lieu of utilizing the procedures set forth in this Section 23 and (v) nothing in this Section 23 shall limit the Holder from obtaining any injunctive relief or other equitable remedies (including, without limitation, with respect to any matters described in this Section 23).

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: No covenant, term or condition of this Agreement, other than as expressly set forth herein, shall be deemed to have been waived by Seller or Buyer unless such waiver is in writing and executed by Seller or Buyer, as the case may be.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Administrator has the right to amend, alter, suspend, discontinue or cancel the Option, prospectively or retroactively; provided, that, no such amendment shall adversely affect the Participant's material rights under this Agreement without the Participant's consent; provided, further, that, to the extent required under the rules of any securities exchange or market system on which the Company’s common stock is listed, amendments to this Agreement shall be subject to approval by the Company’s stockholders. Nothing in this Section 15 shall limit the Administrator’s authority to take any action permitted pursuant to the Plan.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: An Employee’s right, title, and interest in Performance Share Units awarded under the PSP or derived from such Performance Share Units, or the ownership thereof, shall be forfeited if the Employee terminates employment prior to termination of the escrow period; provided, however, any transfer between the Company and any Subsidiary, or between Subsidiaries at the request of the Company or such Subsidiaries, shall not result in forfeiture. Furthermore, an Employee’s right, title, and interest in Performance Share Units awarded under the PSP or derived from such Performance Share Units, or the ownership thereof, shall be forfeited if the Employee does not complete twelve full months of employment in the Performance Period, unless otherwise approved by the Authorized Party.

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 legal provision and list the applicable contract clause categories. Provision: The Company hereby engages Executive as Vice President and Secretary of the Company for the Term (as defined in Section 3.1 hereof), and Executive accepts such employment, on the terms and subject to the conditions set forth in this Agreement. During the Term, Executive will faithfully exercise such authority and perform such duties on behalf of the Company as are normally associated with his title and position as Vice President and Secretary and such other duties or positions as Executive and the Company will mutually determine from time to time, including service as the Executive Vice President and Chief Operating Officer of the Bank and for such other affiliates of the Company as shall be mutually determined. In the capacity defined in this Section 1.1 , Executive will report to the Chief Executive Officer of the Company.

assistant: Duties
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 hereby waives, to the fullest extent permitted by applicable Law, any right it may have to a trial by jury in respect of any legal action, suit or proceeding arising out of this Agreement or any of the transactions contemplated hereby. Each party hereto (a) certifies that no representative, agent or attorney of any other party has represented, expressly or otherwise, that such party would not, in the event of any legal action, suit or proceeding, seek to enforce the foregoing waiver and (b) acknowledges that it and the other parties hereto have been induced to enter into this Agreement by, among other things, the mutual waiver and certifications in this Section 5.8 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: I agree to cooperate fully with the Company in the defense or prosecution of any claims or actions now in existence or which may be brought in the future against or on behalf of the Company which relate to events or occurrences that transpired while I was employed by the Company. My full cooperation in connection with such claims or actions shall include, but not be limited to, being available to meet with counsel to prepare for discovery or trial and to act as a witness on behalf of the Company at mutually convenient times. I also agree to cooperate fully with the Company in connection with any investigation or review of any federal, state or local regulatory authority as any such investigation or review relates to events or occurrences that transpired while I was employed by the Company. Any cooperation pursuant to this Section 3 is subject to the Company’s obligation to (i) reimburse me for any expenses incurred during activities reasonably performed at the Company’s request pursuant to this Section 3, subject to the same standards and procedures as apply to business expense reimbursements pursuant to the Company’s Travel and Expense reimbursement policy, and (ii) compensate me at a daily rate equal to the sum of my annual base salary as of my separation from employment and my “Target Variable Cash Compensation”, each as defined in the Employment Agreement, divided by 365 to the extent that I reasonably expend any time in performing activities at the Company’s request pursuant to this Section 3 at any time more than 18 months after the date of termination of my employment; provided that I acknowledge that I shall not at any time be entitled to compensation for time spent in activities that could have been compelled pursuant to a subpoena, including testimony and related attendance at depositions, hearings or trials.

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: Any and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall be deemed given and effective on the earliest of: (a) the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number or email at the email address as set forth on the signature pages attached hereto at or prior to 5:30 p.m. (New York City time) on a Trading Day, (b) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number or email at the email address as set forth on the signature pages attached hereto on a day that is not a Trading Day or later than 5:30 p.m. (New York City time) on any Trading Day, (c) the second (2 nd ) Trading Day following the date of mailing, if sent by U.S. nationally recognized overnight courier service or (d) upon actual receipt by the party to whom such notice is required to be given. The address for such notices and communications shall be as set forth on the signature pages attached hereto. To the extent that any notice provided pursuant to any Transaction Document constitutes, or contains, material, non-public information regarding the Company or any Subsidiaries, the Company shall simultaneously file such notice with the Commission pursuant to a Current Report on Form 8-K.

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: prior restraint. In a post-trial interview, juror Dorothy Roy stated, “I voted for [the verdict], but it was not my verdict_ I had no choice. It was 11 to 1. It had to be unanimous_ They wanted to get on with other trials.” Roy added that there were “things” that she did not want published until the trial judge made his decision, but she gave no indication what these were. This Court has held that a district court’s refusal to permit juror interviews will be reversed only upon a showing of abuse of discretion. See United States v. Cuthel, 903 F.2d 1381, 1382 (11th Cir.1990). In Cuthel, this Court upheld a district court’s authority, under the very same rule at issue in this case, to refuse permission to defense counsel to interview jurors on grounds similar to these. Id. at 1382-83 (<HOLDING>); see also O’Rear v. Fruehauf Corp., 554 F.2d Options: A. holding that trial courts denial of motion for new trial based on juror misconduct was justified where there was no evidence presented at hearing on motion that juror had knowingly concealed relevant litigation experience during voir dire and identity of juror as county court litigant was not demonstrated B. holding that the statement contained in a juror pamphlet that a reasonable doubt is one for which should he be called upon a juror can give a reason was obviously erroneous under our law C. holding harmless under either standard ex parte communication consisting of telephone call by trial judge to individual juror at home to verify medical condition resulting in replacement by alternate juror without notice to counsel D. holding that though judge did not question juror individually note from juror to judge requesting private meeting to ask legal question did not suggest juror would not base verdict on evidence E. holding phone call to defendant from purported juror saying we were pressured into making our decision inadequate to permit juror interview

assistant: The best answer is E. holding phone call to defendant from purported juror saying we were pressured into making our decision inadequate to permit juror interview
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 want to use skype in connection with any broadcast , you must comply with the `` broadcast tos '' at http://www.skype.com/legal/broadcast .

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: Guarantor has been duly organized or formed and is validly existing and in good standing with requisite limited partnership power and authority to own its properties and to transact the businesses in which it is now engaged. Guarantor is duly qualified to do business and is in good standing in each jurisdiction where it is required to be so qualified in connection with its properties, businesses and operations except where the failure to do same would not reasonably be expected to have a material adverse effect thereon. Guarantor possesses all rights, licenses, permits and authorizations, governmental or otherwise, necessary to entitle it to own its properties and to transact the businesses in which it is now engaged, except where the failure to do same would not reasonably be expected to have a material adverse effect thereon.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will, and will cause each of its Restrict- ed Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business except in each case (i) where the failure to do so would not reasonably be expected to result in a Material Adverse Effect or (ii) as such action is not prohibited under Sections 6.03, 6.04 or 6.05.

assistant: Existence
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: record establishes that the trial court actually considered appellant’s habitual offender conduct as a ground for revocation only at this May 21, 2010 hearing. The trial court appropriately relied on this conviction as a basis for revoking appellant’s suspended sentence at that hearing under Canty because, while appellant’s misconduct was committed “before [appellant’s] most recent revocation hearing,” that misconduct was “not previously found to be ‘no cause’ for revocation.” Canty, 57 Va.App. at 173, 177, 699 S.E.2d at 527, 529 (emphasis in original). It is appellant’s burden to provide this Court with a record from which it can decide the issues in the case. See Commonwealth v. Williams, 262 Va. 661, 669, 553 S.E.2d 760, 764 (2001) (citing Justis, 202 Va. at 632, 119 S.E.2d at 257 (<HOLDING>)). The record on appeal before this Court Options: A. holding rule pertaining to time for taking an appeal to supreme court from an order judgment or decree of the lower court is mandatory and jurisdictional B. holding on appeal the judgment of the lower court is presumed to be correct and the burden is on the appellant to present to us a sufficient record from which we can determine whether the lower court has erred in the respect complained of C. holding that in appellate proceedings the decision of the trial court has the presumption of correctness and the burden is on the appellant to demonstrate error D. recognizing that an appeal has never been an evidentiary proceeding so appellate court will not consider evidence not presented to the lower tribunal because function of appellate court is to determine whether lower tribunal committed error based upon the issues and evidence before it E. holding that the lower court was not required to hold a hearing on a motion to transfer

assistant: The best answer is B. holding on appeal the judgment of the lower court is presumed to be correct and the burden is on the appellant to present to us a sufficient record from which we can determine whether the lower court has erred in the respect complained of
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: criminal laws.” Spaziano v. Florida, 468 U.S. 447, 464, 104 S.Ct. 3154, 3164, 82 L.Ed.2d 340 (1984). Thus, based on our analysis of Williams’ sentence pursuant to the Solem objective criteria, we hold that 11 DelC. § 4214(b), as applied to Williams, does not impose an unconstitutionally disproportionate sentence in violation of the Eighth Amendment. Conclusion The judgments of the Superior Court, which resulted in Williams’ convictions and his sentencing as an habitual criminal, are AFFIRMED. 1 . Some time after the police left, Thornton saw a person wearing the clothes he had described sitting in the back seat of a police vehicle on 17th Street. 2 . State’s Answering Brief at 7, Williams v. State, Del.Supr., No. 411, 1986 (citing Dalton v. State, Del.Supr., 252 A.2d 104, 105 (1969)) (<HOLDING>)). See also Tasco v. State, 223 Md. 503, 165 Options: A. holding that the filing of notice without motion is insufficient B. holding jury cannot return any verdict except acquittal when evidence is insufficient to corroborate accomplice witness C. holding that mere presence at the crime scene without more is insufficient to prove accomplice liability D. holding that mere speculation is insufficient to support a jury verdict E. holding that failure to follow gaap without more is insufficient to establish scienter

assistant: The best answer is C. holding that mere presence at the crime scene without more is insufficient to prove accomplice 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 case excerpt and choose the best holding from the options. Case excerpt: punitive damages against Defendants Ekstrom, Sockwell, and Walker. “Punitive damages are available against individual [government officials] in a § 1983 claim only where the [officials’] ‘conduct is shown to be motivated by evil motive or intent, or when it involves reckless or callous indifference to the federally protected rights of others.’” Dubner v. City and County of San Francisco, 266 F.3d 959, 969 (9th Cir.2001) (citing Smith v. Wade, 461 U.S. 30, 56, 103 S.Ct. 1625, 75 L.Ed.2d 632 (1983)). As discussed above, Ekstrom, Sockwell, and Walker are dismissed from this action in their individual capacities. Plaintiff is therefore precluded from seeking punitive damages against them. See City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 271, 101 S.Ct. 2748, 69 L.Ed.2d 616 (1981) (<HOLDING>). Moreover, even if Ekstrom, Sock-well, or Options: A. holding that a suit against a state official in his or her official capacity is not a suit against the official but rather is a suit against the officials office B. holding that punitive damages are not recoverable against a state official sued in his or her official capacity C. holding that a suit against a state official in his or her official capacity is a suit against the state itself and not cognizable under 1983 D. holding that state and its officers sued in their official capacity for damages are not persons suable under 1983 E. holding state of north carolina and state official sued in their official capacity are immune from 1983 and 1985 actions in federal court

assistant: The best answer is B. holding that punitive damages are not recoverable against a state official sued in his or her official capacity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: There are no actions, suits, investigations or proceedings pending or actually known to be threatened in writing against or to the knowledge of the Company affecting the Company or any of its Subsidiaries, or any properties or rights of the Company or any of its Subsidiaries, by or before any Governmental Agency which if adversely determined would reasonably be expected to have a Material Adverse Effect.

assistant: Litigations