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: two. See 2003 WL 22706781 at *72-73 (citing Salinas, 522 U.S. at 64-65, 118 S.Ct. 469). To the extent, however, that Sanchez’s arguments are simply directed toward the sufficiency of the evidence that he even conspired to violate RICO, they are belied by the evidence adduced at trial, which established Sanchez’s role in the enterprise’s activities, including collecting drug taxes, drug distribution in jail, and the conspiracy to murder Turscak. Moreover, his arguments are inconsistent with governing RICO case law, under which a defendant convicted of a substantive violation of § 1962(c) is also guilty of a § 1962(d) conspiracy to violate RICO, as long as the separate elements of the crime of conspiracy are met. See, e.g., United States v. Starrett, 55 F.3d 1525, 1549 (11th Cir.1995) (<HOLDING>); United States v. Frega, 179 F.3d 793, 808-10 Options: A. holding that circumstantial evidence alone is sufficient to support a cocaine conspiracy conviction B. holding that evidence was sufficient to support bribery convictions because evidence established that payment was given to influence any one or more instances types or courses of official action C. holdingthat evidence was sufficient to support defendants convictions on rape and aggravated assault charges D. holding that because evidence was sufficient to support defendants 1962c convictions and jury could infer from evidence that defendants each manifested an agreement to participate in enterprises affairs evidence was sufficient to support defendants 1962d convictions for rico conspiracy E. holding merely that the evidence was sufficient to support the award of attorneys fees

assistant: The best answer is D. holding that because evidence was sufficient to support defendants 1962c convictions and jury could infer from evidence that defendants each manifested an agreement to participate in enterprises affairs evidence was sufficient to support defendants 1962d convictions for rico conspiracy
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 Administrative Agent shall have received (i) all fees required to be paid by the Borrowers on the Closing Date pursuant to the Fee Letter and (ii) all expenses for which invoices have been presented at least three Business Days prior to the Closing Date (including the reasonable fees and expenses of legal counsel), in each case on or before the Closing Date, in each case which amounts may be offset against the proceeds of the Loans.

assistant: Fees
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: granting in part IFF’s post-trial motion, IFF was engaged in both defense of the declaratory judgment action and prosecution of its counterclaim. As to this period, IFF can therefore only recover the reasonable fees and expenses it incurred, to the extent that they represent costs of defense. On the basis of the proofs submitted by IFF which specify the costs and fees incurred, the Court’s familiarity with the litigation, and the equities of the case, this Court holds that two-thirds (%) of the reasonable costs incurred during this period are attributable to the defense of the declaratory judgment action and one-third (Vs) of the costs and fees incurred are attributable to the prosecution of the counterclaim. Cf Allstate Insurance Co. v. Aetna Casualty & Surety Co., 475 N.Y.S.2d at 222 (<HOLDING>). From May 1986 until June 1986, IFF was Options: A. holding on summary judgment before the question of the insurers obligation to indemnify was decided that the insurer was liable for the costs of the insured in defending the declaratory judgment action because it breached its duty to defend B. holding that insured may recover legal fees incurred in defending itself in a declaratory judgment action brought by insurer but not for those incurred in prosecuting cross claims and counterclaims against insurers C. holding that insured could recover the costs of defending a declaratory judgment action brought by the injured party to compel the insurer to defend but could not recover the costs associated with prosecuting crossclaims against the insurer D. holding that insured who brought third party action against insurer could recover costs incurred in defending insurers counterclaim for declaratory relief since the insureds posture in the counterclaim was that of a defendant E. holding in a case where the insurer brought a declaratory judgment action and the insured filed a counterclaim that 60 of the costs were attributable to defending and 40 to prosecuting

assistant: The best answer is E. holding in a case where the insurer brought a declaratory judgment action and the insured filed a counterclaim that 60 of the costs were attributable to defending and 40 to prosecuting
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: Unless a clear contrary intention appears: (a) the defined terms herein shall apply equally to both the singular and plural forms of such terms; (b) refere nce to any Person includes such Person’s successors and assigns but, if applicable, only if such successors and assigns are not prohibited by the Plan or this Agreement, and reference to a Person in a particular capacity excludes such Person in any other c apacity or individually; (c) any pronoun shall include the corresponding masculine, feminine and neuter forms; (d) reference to any agreement, document or instrument means such agreement, document or instrument as amended or modified and in effect from tim e to time in accordance with the terms thereof; (e) reference to any law, rule or regulation means such law, rule or regulation as amended, modified, codified, replaced or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder, and reference to any section or other provision of any law, rule or regulation means that provision of such law, rule or regulation from time to time in effect and constituting the substantive amendment, modification, c odification, replacement or reenactment of such section or other provision; (f) “hereunder,” “hereof,” “hereto,” and words of similar import shall be deemed references to this Agreement as a whole and not to any particular article, section or other provisi on hereof; (g) numbered or lettered articles, sections and subsections herein contained refer to articles, sections and subsections of this Agreement; (h) “including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term; (i) “or” is used in the inclusive sense of “and/or”; (j) references to documents, instruments or agreements shall be deemed to refer as well to all addenda, exhibits, schedules or amendments thereto; and (k) referenc e to dollars or $ shall be deemed to refer to U.S. dollars.

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: order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to section 1443 [civil rights cases] of this title shall be reviewable by appeal or otherwise. 6 . Compare In re Allied-Signal, Inc., 919 F.2d 277 (5th Cir.1990) (granting writ of mandamus after noting that the trial court did not state that jurisdiction was lacking but affirmatively reflected that remand was based solely on a state statute) with In re Weaver, 610 F.2d 335, 337 (5th Cir.1980) (denying writ of mandamus despite the absence of specific § 1447(c) words, when the district court based remand upon its belief that jurisdiction was lacking). See also Merrimack, 587 F.2d at 647-48 (<HOLDING>). 7 . The Eleventh Amendment states that: "The Options: A. holding that a proper eleventh amendment challenge strips the courts of jurisdiction for the purposes of the removal statute 28 usc 1447c B. holding that under 28 usc 1447c and d federal jurisdiction terminates once a section 1447c remand order has been mailed to the state court C. holding that we have jurisdiction to review the award or denial of attorney fees under 1447c D. holding that the district courts order while not referring to 1447c by number stated one of its grounds no jurisdiction thereby precluding review by mandamus E. recognizing the supreme courts longstanding jurisdiction over writs of prohibition and mandamus to courts of inferior jurisdiction

assistant: The best answer is D. holding that the district courts order while not referring to 1447c by number stated one of its grounds no jurisdiction thereby precluding review by mandamus
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 shall execute, deliver, file and record, or cause to be executed, delivered, filed or recorded, such further agreements, instruments and other documents, and take, or cause to be taken, such further actions, as the other parties hereto may reasonably request as being necessary or advisable to effect or evidence the transactions contemplated by this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement supersedes all prior agreements and understandings (whether written or oral) between the Company and/or the Guarantors and the Initial Purchasers, or any of them, with respect to the subject matter hereof.

assistant: Integration
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 provisions of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable, in whole or in part, then such provision shall be modified so as to be enforceable to the maximum extent permitted by law. If such provision cannot be modified to be enforceable, the provision shall be severed from this Agreement to the extent unenforceable. The remaining provisions and any partially enforceable provisions shall remain in full force and effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the date hereof, the authorized common stock of the Company consists of 100,000,000 authorized shares of Common Stock, $0.001 par value per share, of which 10,392,362 shares are issued and outstanding; and 10,345,060 shares are reserved for issuance upon conversion of the Note. All of such outstanding shares of capital stock are, or upon issuance will be, duly authorized, validly issued, fully paid and non-assessable.

assistant: Capitalization
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 waiver by any Party of any default by any other Party in the performance of any provision, condition or requirement herein shall be deemed to be a waiver of, or in any manner release the other Party from, performance of any other provision, condition or requirements herein, nor shall such waiver be deemed to be a waiver of, or in any manner a release of, the other Party from future performance of the same provision, condition or requirement. Any delay or omission of any Party to exercise any right hereunder shall not impair the exercise of any such right, or any like right, accruing to it thereafter. No waiver of a right created by this Agreement by one Party shall constitute a waiver of such right by the other Party except as may otherwise be required by law with respect to Persons not parties hereto. The failure of one Party to perform its obligations hereunder shall not release the other Party from the performance of such obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of laws. Any action brought by either party against the other concerning the transactions contemplated by this Agreement shall be brought only in the state courts of New York or in the federal courts located in the state and county of New York, or the Federal courts within the southern or eastern districts of New York . The parties to this Agreement hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens . The Company and Buyer waive trial by jury. The prevailing party shall be entitled to recover from the other party its reasonable attorney’s fees and costs. In the event that any provision of this Agreement or any other agreement delivered in connection herewith is invalid or unenforceable under any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any such provision which may prove invalid or unenforceable under any law shall not affect the validity or enforceability of any other provision of any agreement. Each party hereby irrevocably waives personal service of process and consents to process being served in any suit, action or proceeding in connection with this Agreement or any other Transaction Document by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Following the Merger, Analog will be required to de-register Linear’s equity plans with the China State Administration of Foreign Exchange (“SAFE”) and re-register Analog’s equity plan for participation by Linear employees. Under applicable Chinese regulations, Analog is required to suspend vesting of your RSUs while the process of de-registering Linear’s equity plans and re-registering Analog’s equity plan is underway. You acknowledge that your RSUs will not vest and no shares will be issued to you unless and until all necessary exchange control or other approvals with respect to the RSUs have been obtained from the SAFE or its local counterpart (“SAFE Approval”). In the event that SAFE Approval has not been obtained prior to any date(s) on which the RSUs are scheduled to vest, the vesting of your RSUs will be deferred until after SAFE Approval is obtained. The deferred vesting will take place as soon as reasonably practicable after SAFE Approval is obtained.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company agrees to indemnify, hold harmless, reimburse and defend the Creditor, the Creditor’s officers, directors, agents, affiliates, members, managers, control persons, and principal shareholders, against any claim, cost, expense, liability, obligation, loss or damage (including reasonable legal fees) of any nature, incurred by or imposed upon the Creditor or any such person which results, arises out of or is based upon (i) any material misrepresentation by the Company or breach of any representation or warranty by the Company in this Agreement; or (ii) after any applicable notice and/or cure periods, any breach or default in performance by the Company of any covenant or undertaking to be performed by the Company hereunder.

assistant: Indemnifications
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: court’s evidentiary ruling: because “Congress showed ‘careful draftsmanship’ by including an intent requirement in the second paragraph, but not the first paragraph, of § 2113(a), we hold that the first paragraph of § 2113(a) des Hayes, 227 F.3d 578, 586 (6th Cir.2000); United States v. Andrews, 48 Fed.Appx. 151, 154-55 (6th Cir. 2002) (requiring the government to prove in a § 115 prosecution that “(1) the defendant conveyed a threat of physical harm to a federal official or his family; (2) the threat was intended as an act of retaliation against the federal official; and (3) this threat could reasonably be construed by the person in receipt of the threat to be actually carried out” (emphasis added)); United States v. Williams, No. 98-2010, 2000 WL 32006 at *2 (6th Cir. Jan.3, 2000) (<HOLDING>); United States v. Kamen, Nos. 98-5170/5171, Options: A. holding that the only intent necessary to convict a defendant under 18 usc 1513b for retaliating against a witness victim or informant was an intent to retaliate internal quotation marks omitted B. recognizing that to be in violation of 18 usc 115a1b the defendant must act with the intent to retaliate against a government employee on account of the performance of his or her official duties C. holding that the official charged with responsibility to act must be an official within the doj with the authority to act in the circumstances D. holding that the second part of 18 usc 115a1b requires that a threat be made with the intent to retaliate against the judge after the judge has acted E. holding that government actor must intentionally abuse his or her power as a state official to harm state employee in order to sustain substantive due process violation

assistant: The best answer is B. recognizing that to be in violation of 18 usc 115a1b the defendant must act with the intent to retaliate against a government employee on account of the performance of his or her official 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: Any Lender may at any time, without the consent of, or notice to, the Borrowers or the Administrative Agent, sell participations to any Person (other than a natural Person (or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural Person), a Defaulting Lender or any of its Subsidiaries, or Parent or any Borrower or any of their respective Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lender’s participations in L/C Obligations) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrowers, the Administrative Agent, the Collateral Agent, the Lenders and the L/C Issuer shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. Each Lender that sells a participation pursuant to this Section 10.06(d) shall maintain a register on which it records the name and address of each participant and the principal amounts of each participant’s participation interest with respect to the Loans (each, a “ Participant Register ”). The entries in the Participant Register shall be conclusive absent manifest error, and such Lender shall treat each Person whose name is recorded in the Participant Register as the owner of a participation with respect to the Loans for all purposes under this Agreement, notwithstanding any notice to the contrary.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by the Ninth Circuit. Plaintiffs’ claim, rather than being analogous to Midler and Waits, is more similar to the claim made in Sinatra v. Goodyear Tire & Rubber Co., 435 F.2d 711 (9th Cir.1970). In that case, Nancy Sinatra sued the defendant based on its use in an advertising campaign of the song “These Boots Are Made For Walkin’,” a song made famous by Sinatra. Id. at 712. Sinatra alleged that the defendant selected a singer whose “voice and style was deliberately intended to imitate” her own. Id. The Sinatra court stated: [A]ppellant’s complaint is not that her sound is uniquely personal; it is that the sound in connection with the music, lyrics and arrangement, which made her the subject of popular identification, ought to be protected.... One wo upp.2d 1180, 1184 (W.D.Wash.2004) (<HOLDING>). Plaintiffs argue that the Game in this case Options: A. holding that the video games at issue are expressive and qualify as speech for purposes of the first amendment B. recognizing the preliminary issue in a first amendment challenge is whether the speech at issue is protected or unprotected C. holding that first amendment protections apply to compelled speech as well as restrictions on speech D. holding that raising chickens is not an expressive act for the purposes of the first amendment E. holding that the first amendment protects communicative aspects of video games

assistant: The best answer is A. holding that the video games at issue are expressive and qualify as speech for purposes of the first amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive will serve as President and Chief Executive Officer of the Company (the “ ”) and will have such powers and duties as may from time to time be prescribed by the Company’s Board of Directors (the “ ”). While the Executive is employed as the CEO, the Board (or a committee thereof) shall nominate the Executive for election by the stockholders as a member of the Board. The Executive shall devote the Executive’s full working time and efforts to the business and affairs of the Company and not engage in any other business activities without prior written approval by the Board, which approval shall not be unreasonably withheld. Notwithstanding the foregoing, the Executive may engage in religious, charitable or other community activities as long as such services and activities do not interfere with the Executive’s performance of the Executive’s duties to the Company. Upon the ending of the Executive’s employment, unless otherwise agreed to by the Company and the Executive, the Executive shall immediately resign from the Board as well as from any other Company positions to which the Executive was elected or appointed in connection with the Executive’s position as CEO.

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 case excerpt and choose the best holding from the options. Case excerpt: both Mr. Schneider and Mr. Zakaras agree that the possibility existed, at the October 25th meeting, that Mr. Zakaras would obtain another supervisory position. In fact, Mr. Zakaras knew of another United employee, who after calling someone a “stupid nigger,” was transferred from his supervisory position in Ramp Services to another supervisory position as a Zone Controller with no loss in pay. (Pl.’s SMF ¶ 98.) Consequently, at the October 25th meeting, there remained a possibility that Mr. Zakaras was going to be transferred to another department as a supervisor. The Seventh Circuit has held that transfers, with no loss in pay, are, in some instances, not considered adverse employment actions. See, e.g., Williams v. Bristol-Myers Squibb Co., 85 F.3d 270, 274 (7th Cir.1996) (<HOLDING>); Crady v. Liberty National Bank and Trust Co. Options: A. holding that reduction in workload is an adverse employment action B. holding that suspension with pay was not adverse employment action C. holding that transfer involving no reduction in pay and only a minor change in working conditions does not rise to the level of a material adverse employment action D. holding that a change in work schedule and request that an employee perform two additional tasks did not rise to the level of an adverse employment action E. holding a transfer or reassignment may rise to the level of an adverse employment condition if it is a significant change in working conditions

assistant: The best answer is C. holding that transfer involving no reduction in pay and only a minor change in working conditions does not rise to the level of a material adverse employment action
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 course of the Executive’s employment with the Company, the Executive will learn confidential information on behalf of the Company Group. The Executive agrees that the Executive shall not, directly or indirectly, use, make available, sell, disclose or otherwise communicate to any person, other than in the course of the Executive’s assigned duties and for the benefit of the Company Group, either during the period of the Executive’s employment or at any time thereafter, any business and technical information or trade secrets, nonpublic, proprietary or confidential information, knowledge or data relating to the Company Group or any of its Affiliates or businesses, or received from third parties subject to a duty on the Company Group’s and its Affiliates’ part to maintain the confidentiality of such information and to use it only for certain limited purposes, in each case which shall have been obtained by the Executive during the Executive’s employment by the Company Group (or any predecessor). The foregoing shall not apply to information that (i) was known to the public prior to its disclosure to the Executive; (ii) becomes generally known to the public subsequent to disclosure to the Executive through no wrongful act of the Executive or any representative of the Executive; or (iii) the Executive is required to disclose by applicable law, regulation or legal process (provided that the Executive provides the Company with prior notice of the contemplated disclosure and cooperates with the Company Group at its expense in seeking a protective order or other appropriate protection of such information).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that applying the Alberico factors to the testimony provided by his experts leads to a conclusion that their testimony constituted admissible scientific testimony. We will not do for Mr. Firstenberg what he has failed to do on his own behalf — that is, search the record in an attempt to demonstr ’ briefs, authorities, exhibits, reports, expert affidavits, and testimony, concluded that Mr. Firstenberg did not meet that burden. Having reviewed the testimony of Drs. Elliott and Singer, we conclude that the record fully supports the district court’s conclusion that they were not qualified to present expert scientific testimony on the issue of general causation. Mr. Firstenberg’s vague and generalized arguments to the contrary provide no basis for reversal. See Muse, 2009-NMCA-003, ¶ 72 (<HOLDING>). {28} Finally, Mr. Firstenberg’s repeated Options: A. recognizing that an appellant seeking to establish that the district court abused its discretion must do so by a discussion of facts arguments and rulings that appear in the record B. holding that trial court was required to give full effect to supreme courts judgment and that by failing to do so the trial court abused its discretion C. holding district court abused its discretion in admitting state court findings of fact D. holding the district court abused its discretion in denying the plaintiffs request for rehearing because the district court relied on an erroneous legal premise to do so E. holding that it was necessary for this court to reach methodofvaluation arguments because the district court abused its discretion by incorrectly awarding damages

assistant: The best answer is A. recognizing that an appellant seeking to establish that the district court abused its discretion must do so by a discussion of facts arguments and rulings that appear in the record
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: It is true that, in the fraud context we have placed a great deal of weight on the requirement of an evil intent. But even in this context, we have not held that' if a statute requires evil intent, it necessarily involves moral turpitude. We have held only that without an evil intent, a statute does not necessarily involve moral turpitude. See Hirsch v. INS, 308 F.2d 562, 567 (9th Cir.1962) (“A crime that does not necessarily involve evil intent,', such as an intent to defraud, is not necessarily a crime involving moral turpitude.”) To state the proposition positively, we have held that in the fraud context an evil intent is necessary, but not sufficient, for a crime inevitably to involve moral turpitude. Cf. Gonzalez-Alvarado [v. INS ], 39 F.3d [245,] 246 [(9th Cir.1994) ] (<HOLDING>)- Id. The Ninth Circuit Court of Appeals Options: A. holding that involuntary manslaughter defined either as reckless or negligent was not a crime of moral turpitude because itwas based on unintentional conduct in contrast to those crimes involving some form of evil intent it is not an offense that is mala in se and thus does not fall within the definition of crimes involving moral turpitude B. holding that missouris reckless conduct statute establishes a crime involving moral turpitude C. holding that assault with a deadly weapon was not a crime involving moral turpitude D. holding that new yorks reckless conduct statute establishes a crime involving moral turpitude E. holding that a crime involving the willful commission of a base or depraved act is a crime involv ing moral turpitude whether or not the statute requires proof of evil intent

assistant: The best answer is E. holding that a crime involving the willful commission of a base or depraved act is a crime involv ing moral turpitude whether or not the statute requires proof of evil intent
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 may be otherwise provided by the Plan, any written notices provided for in the Plan and this Award Agreement shall be in writing and shall be deemed sufficiently given if either hand delivered or if sent by email, fax or overnight courier, or by postage paid first class mail. Notices sent by mail shall be deemed received three business days after mailed but in no event later than the date of actual receipt. Notice may also be provided by electronic submission, if and to the extent permitted by the Committee. Notices shall be directed, if to Grantee, at Grantee’s physical home or Company email address indicated by the Company’s records, or if to the Company, at the Company’s principal office, attention Human Resources Department or !HR@heritageoaksbank.com.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the extent any moral rights are not transferable or assignable , you hereby waive and agree never to assert any and all moral rights , or to support , maintain or permit any action based on any moral rights that you may have in or with respect to any user content you post to or through the service .

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: purchase at retail” of the pre-cast structural forms under those circumstances. The court found significant the absence of any market for the pre-cast concrete forms separate from the market for construction of the buildings using those forms, and that the construction of the concrete forms was integrally related to the total construction enterprise carried on by the company. However, the court did not address whether the original sale to the company of the materials used to manufacture the forms could have been considered the relevant actual retail sale. Here, Commerce City’s imposition of a use tax is not based upon a fictional sale of waste gas that occurred when Conoco consumed the waste gas it produced. Cf. W. Paving Constr. Co. v. Beer, 917 P.2d 344, 348 (Colo.App.1996) (<HOLDING>). Rather, Commerce City is imposing a use tax Options: A. holding description all tangible personal property now owned by the debtor or which may hereafter be acquired sufficient to cover equipment B. recognizing that the government may seek a personal judgment specific property or substitute property C. holding that use of tangible property must be proximate cause of injury and that property does not cause injury if it does no more than furnish the condition that makes the injury possible D. holding that the internal revenue service could be required to turn over to bankrupt estate tangible property to which debtor retained ownership E. holding that a taxable event has occurred when a manufacturer of tangible personal property uses or consumes items of tangible personal property manufactured by it which product it also sells or installs for a price in the ordinary course of its business at retail

assistant: The best answer is E. holding that a taxable event has occurred when a manufacturer of tangible personal property uses or consumes items of tangible personal property manufactured by it which product it also sells or installs for a price in the ordinary course of its business at retail
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: Nothing expressed or implied in this Agreement is intended, or shall be construed, to confer upon any person or entity, other than the parties hereto and their respective successors and assigns, any rights or remedies under or by reason of this Agreement.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you have any feedback , questions or comments about the services , please contact our support team by email , by phone at 1-888-727-6687 , or by mail at : under armour , 1020 hull street , baltimore , md 21230 ( usa ) , and include the subject as `` attn : legal -- terms and conditions of use '' .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party shall deliver all notices, requests, consents, claims, demands, waivers and other communications under this Agreement (each, a “ Notice ”) in writing and addressed to the other party at its address set out below (or to any other address that the receiving party may designate from time to time in accordance with this Section 14). Each party shall deliver all Notices by nationally recognized overnight courier (with all fees pre-paid) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only: (a) upon receipt by the receiving party and (b) if the party giving the Notice has complied with the requirements of this Section 14.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: also , if allowed by your xbox privacy settings , microsoft can publish your name , gamertag , gamerpic , motto , avatar , and games that you 've played in communications to people on your xbox friends list .

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: shall wave “O’er the land of the free and the home of the brave!” http://www.bcpl.net/~etowner/anthem.html. As pointed out by the Court, California law requires public elementary schools to “conduc[t] . . . appropriate patriotic exercises” at the beginning of the schoolday, and notes that the “giving of the Pledge of Allegiance to the Flag of the United States of America shall satisfy the requirements of this section.” Cal. Educ. Code Ann. §52720 (West 1989). The School District complies with this requirement by instructing that “[ejach elementary school class recite the [Pjledge of [A]llegiance to the [F]lag once each day.” App. 149-150. Students who object on religious (or other) grounds may abstain from the recitation. West Virginia Bd. of Ed. v. Barnette, 319 U. S. 624, 642 (1943) (<HOLDING>). Notwithstanding the voluntary nature of the Options: A. holding that students refusal to stand during the pledge of allegiance was constitutionally protected by first amendment B. holding that the government may not compel school students to recite the pledge C. holding that school district policy requiring that students obtain the review and approval of school officials prior to distributing any written material violated free speech rights of students D. holding that school could not compel students to salute american flag E. holding that a public school cannot compel students to perform the pledge of allegiance

assistant: The best answer is B. holding that the government may not compel school students to recite the pledge
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: bears the burden of establishing that the claims are patent-ineligible, and the Court will construe the patent claims in a manner most favorable to Plaintiff. See Content Extraction & Transmission LLC v. Wells Fargo Bank, Nat’l Ass’n, 776 F.3d 1343, 1349 (Fed.Cir.2014). Previously, the Federal Circuit and courts in this district have presumed that issued patents are valid, and have required defendants to prove patent-ineligibility by clear and convincing evidence. See Microsoft Corp. v. i4i Ltd. P’ship, 564 U.S. 91, 131 S.Ct. 2238, 2242, 180 L.Ed.2d 131 (2011); see also Ultramercial, Inc, v, Hulu, LLC, (“Ultramercial I”) 722 F.3d 1335, 1342 (Fed.Cir.2013), vacated and remanded on other grounds by WildTangent, Inc. v. Ultramercial, LLC, — U.S. —, 134 S.Ct. 2870, 189 L.Ed.2d 828 (2014) (<HOLDING>); CMG Fin, Servs., Inc, v. Pac. Trust Bank, Options: A. holding that a bad faith claim must be met through the clear and convincing evidence standard B. holding that where the new york times clear and convincing evidence requirement applies the summary judgment inquiry will be whether the evidence presented is such that a jury applying that evidentiary standard could reasonably find for either plaintiff or defendant C. holding that despite the lack of a statutory requirement that severe child abuse be shown by clear and convincing evidence due to the consequences of such a finding the clear and convincing standard must be applied D. holding that the clear and convincing evidentiary standard applies to section 101 challenges E. holding that the presumption of validity and its concomitant clear and convincing evidence standard does not apply to section 101 claims the court reasoned because no evidence outside the pleadings is considered in deciding a motion to dismiss it makes little sense to apply a clear and convincing standard a burden of proof to such motions citation omitted

assistant: The best answer is D. holding that the clear and convincing evidentiary standard applies to section 101 challenges
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: Consultant’s liability for claims based on, or arising out of this Agreement shall not exceed the amount of all payments actually paid by Company to Consultant. Consultant shall not be liable for any indirect, special, incidental or consequential damage irrespective of whether Consultant has advance notice of the possibility of such damages. Company shall defend, indemnify and hold harmless Consultant from and against any and all damages, claims (contract or tort), liability, and expense whatsoever, including attorneys’ fees and related disbursements, incurred in connection with the Consulting Services provided by Consultant.

assistant: Indemnifications
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 Amendment may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which together constitute one and the same instrument. This Amendment shall not be effective unless executed by the parties prior to March 31, 2016.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Gwinnett County); State of Ga. v. Café Erotica, Inc., 269 Ga. 486 (500 SE2d 574) (1998) (addressing the merits of a declaratory judgment action challenging a statute making it a misdemeanor to knowingly admit a person under the age of 21 to premises on which sexually explicit performances take place). Declaratory relief is not available, though, where the criminal conduct has already been completed, where a prosecution is pending, or where there has already been a conviction. See, e.g., Shantha v. Municipal Court of Atlanta, 240 Ga. 280, 281 (240 SE2d 32) (1977) (“Declaratory relief is not the proper remedy for attacking the constitutionality of a municipal ordinance where the alleged criminal activity has already taken place.”); Ross v. State, 238 Ga. 445, 445 (233 SE2d 381) (1977) (<HOLDING>); Pendleton v. City of Atlanta, 236 Ga. 479 (1) Options: A. recognizing that 1983 action does not accrue until conviction or sentence has been invalidated B. holding that once the statute is found to be divisible the court must look to the charging papers and judgment of conviction to determine if the actual crime of which defendant was convicted was a crime of violence but emphasizing that the court is not to examine the particular facts underlying the conviction C. holding that in order to recover damages for an allegedly unconstitutional conviction or imprisonment or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid a plaintiff must prove that the conviction or sentence has been reversed on direct appeal expunged by executive order declared invalid by a state tribunal authorized to make such determination or called into question by a federal courts issuance of a writ of habeas corpus D. recognizing that a declaratory action is not maintainable by persons already convicted of crimes who wish to examine or reexamine aspects of the conviction or sentence E. holding that a claim for damages that would invalidate a conviction or sentence that has not already been invalidated or reversed on direct appeal by executive order by an authorized state tribunal or by a writ of habeas corpus is not cognizable under 1983

assistant: The best answer is D. recognizing that a declaratory action is not maintainable by persons already convicted of crimes who wish to examine or reexamine aspects of the conviction or sentence