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: and their former counsel and the requirement that each of these parties engage in community service as a result of their conduct in this matter. While the court finds each of these alternatives deficient when employed alone, in combination, these alternatives are promising. Thus, the court will require the Esso Defendants and their former counsel to fund a community service project which will benefit the St. Thomas community — the party perhaps most aggrieved by their sanctionable conduct. 1. The Imposition of a Fine Pursuant to its inherent powers, this court has the power to sanction the Esso Defendants and their former counsel by requiring them to pay a monetary fine. Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240, 258-59, 44 L. Ed. 2d 141, 95 S. Ct. 1612 (1975) (<HOLDING>); F.D. Rick Co. v. United States ex rel. Options: A. recognizing inherent power of courts of appeals B. recognizing courts inherent power to impose sanctions including attorneys fees for conduct that abuses the judicial process C. recognizing the federal courts ability to impose inherent power sanctions on parties D. recognizing the inherent power of the courts to issue warrants E. recognizing the federal courts ability to impose inherent power sanctions to the lawyers firm or employer

assistant: The best answer is C. recognizing the federal courts ability to impose inherent power sanctions on parties
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: reduced to practice in May 1993 and November 1993 patent applications. If true, these facts permit Broadcom to antedate the Burson reference, which was filed in December 1993 — subsequent to both the lab notebook and the 1993 patent applications. See generally Mahurkar v. C.R. Bard, Inc., 79 F.3d 1572, 1577 (Fed.Cir.1996). Having been presented with the deceased inventor’s lab notebook, the patent applications, and the testimony of a co-inventor, a coworker, and Broadcom’s expert, the jury rejected Qualcomm’s invalidity contentions. Qualcomm argues that neither the lab notebook nor the 1993 patent applications disclose every limitation of the asserted claims. Qualcomm relies on our recent holding in PowerOasis, Inc. v. T-Mobile USA, Inc., 522 F.3d 1299, 1305 (Fed.Cir.2008) (<HOLDING>), and argues that Broadcom failed to carry its Options: A. holding that once a defendant established that stateagent immunity attached the burden shifted to the plaintiff to establish that an exception to the immunity was applicable B. holding that the nonmoving party must come forward with significant probative evidence demonstrating the existence of a triable issue of fact C. holding that once a defendant established prior art anticipating the asserted claims the burden was on the patentee to come forward with evidence to the contrary D. holding that patentees testimony of his belief that the defendant would comply with a 1979 agreement supported the reasonable inference that patentee had no reason to sue until at least 1986 when patentee saw evidence of infringement E. holding that the burden is on the plaintiff

assistant: The best answer is C. holding that once a defendant established prior art anticipating the asserted claims the burden was on the patentee to come forward with evidence to the contrary
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: (a) This Agreement (including the Exhibits hereto) constitutes the entire agreement, and supersedes all other prior agreements, understandings, representations and warranties, both written and oral, among the parties, with respect to the subject matter hereof; and (b) this Agreement will not be assignable by the Company by operation of law or otherwise (any attempted assignment in contravention hereof being null and void).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and shall be deemed to have been given: (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile or e-mail of a PDF document (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next Business Day if sent after normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective parties at the addresses indicated below (or at such other address for a party as shall be specified in a notice given in accordance with this Section 12 ).

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: and one count of conspiring to structure, they faced a combined maximum fine of $1,000,000. Because the amount the Strelskis were required to forfeit — a total of $140,630 — is well below the $1,000,000 statutory maximum, there is a strong presumption that the forfeiture is constitutional. 817 N.E. 29th Drive, Wilton Manors, Fla., 175 F.3d at 1309. The maximum fine authorized for the Strelskis under the sentencing guidelines is $50,000 each, resulting in a combined total fine of $100,000. Although the forfeiture amount exceeds the maximum fine under the guidelines, it is still “near the permissible range of fines under the sentencing guidelines,” which means that it is almost certainly not excessive. See United States v. 127 & j.29 Hall St., 74 F.3d 1165,1172-73 (11th Cir.1996) (<HOLDING>). The Strelskis contend that the fine is Options: A. holding that forfeiture of property valued at 65000 was not excessive where the maximum fine under the sentencing guidelines was 40000 B. holding defendant sentenced to term equal to maximum guidelines sentence under improperly calculated sentencing guidelines scoresheet was not entitled to be resentenced because defendant was habitualized such that sentencing guidelines score sheet was irrelevant and the sentence imposed was not illegal C. holding statutory maximum for prior conviction is the potential maximum sentence defined by the applicable state criminal statute not the maximum sentence which could have been imposed against the particular defendant according to the states sentencing guidelines D. holding that forfeiture of property valued at 150000 was excessive where the maximum statutory fine was 20000 E. holding that forfeiture of 357144 in currency was excessive where the maximum statutory fine was 250000 and the maximum fine under the sentencing guidelines was 5000

assistant: The best answer is A. holding that forfeiture of property valued at 65000 was not excessive where the maximum fine under the sentencing guidelines was 40000
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 that T. Miller is not releasing any claims he may have for indemnification under state or other law or the charter, articles , or by-laws of the Company and its affiliated companies, or under any indemnification agreement with the Company or under any insurance policy providing directors’ and officers’ coverage for any lawsuit or claim relating to the period when he was or is a director or officer of the Company or any affiliated company; provided, however, that (i) the Company’ s execution of this Agreement is not a concession or guaranty that T. Miller has any such rights to indemnification, (ii) that this Agreement does not create any additional rights to indemnification, and (iii) that the Company retains any defenses it may have to such indemnification or coverage.

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: in whose name Federal Rule of Civil Procedure 17 requires an action to be brought, and the debtor no longer has standing to pursue that cause of action. See 11 U.S.C. § 323(b); Toussaint v. Howard University, Civil Action No. 03-1395(JDB), 2005 U.S. Dist. LEXIS 38738, at *5-7 (D.D.C. November 8, 2005); Parker v. Wendy’s Int’l, Inc., 365 F.3d 1268, 1272 (11th Cir. 2004); Cain v. Hyatt, 101 B.R. 440, 442 (E.D.Pa.1989) (“[A]fter appointment of a trustee, a Chapter 7 debtor no longer has standing to pursue a cause of action which existed at the time the Chapter 7 petition was filed. Only the trustee, as representative of the estate, has the authority to prosecute and/or settle such causes of action.”); Banks v. County of Allegheny (In re Banks), 223 Fed.Appx. 149, 151 (3d Cir.2007) (<HOLDING>). Here, the discrimination cause of action Options: A. holding that a chapter 7 trustee was the only person with authority to bring a cause of action after the appointment of a trustee B. holding trustee has waived the right to bring a preference objection C. recognizing authority of chapter 13 trustee to recover overpayment but not finding refund appropriate where error was attributable to trustee D. holding on facts similar to those in dmart that the 546a limitation period runs from appointment of chapter 7 trustee after case was converted from chapter 11 E. holding in a case where a chapter 11 trustee was appointed after a period during which the debt or had operated as debtor in possession that a chapter 11 trustee has two years from the date of his appointment not from the commencement of the chapter 11 case to bring avoidance actions

assistant: The best answer is A. holding that a chapter 7 trustee was the only person with authority to bring a cause of action after the appointment of a trustee
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 issuance of any amounts under this Agreement will be subject to and conditioned upon compliance by the Company and the Grantee with all applicable laws and regulations and with all applicable requirements of any stock exchange or automated quotation system on which the Company’s shares of Stock may be listed or quoted at the time of such issuance or transfer.

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: The closing of this sale shall take place at the office of the Title Company or at another mutually agreed location. Seller and Buyer agree to complete the transactions contemplated under this Agreement on or before September 15, 2017 (the “Closing Date”), which date can be extended by a written agreement signed by both parties. Seller shall convey to Buyer, or its assignee or designee, marketable and insurable title to the Real Estate by general warranty deed, the form of which is agreed upon by the parties, free and clear of any encumbrances, and Buyer shall pay the Purchase Price, which shall be released to Seller or its designee, within ten (10) business days from the day the Seller is able to provide a marketable and insurable title (the “Closing”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 471 U.S. 759, 764, 105 S.Ct. 2399, 85 L.Ed.2d 753 (1985)(leasing procedures detailed by Congress intended to protect the Indians). In fact, the measure was passed in part because existing law was considered inadequate to give the Indians the greatest return from their property. S. Rep. No. 75-985 (1937). Other purposes in enacting the legislation were to achieve uniformity in tribal leasing and to increase Indian authority in granting leases. Id. In general, then, IMLA imposes upon the federal government a fiduciary obligation to develop a mineral leasing program which would provide the highest possible financial return to the Indians. Navajo Tribe of Indians v. United States, 9 Cl.Ct. 227, 238 (1985); Cheyenne-Arapaho Tribes of Oklahoma v. United States, 33 Fed.Cl. 464, 468 (1995)(<HOLDING>). These responsibilities fall upon the Options: A. holding that after jury findings of dual breach unchallenged finding that defendants breach was not excused based on prior material breach of plaintiff constituted implicit finding that there was no material breach by plaintiff B. holding that breach of a contract concerning payment of a debt furnishes no basis for the finding of a constructive trust C. recognizing 10th circuits finding of breach of trust D. recognizing that actions for a breach of trust lie in equity E. holding that a third party who receives trust property on inquiry notice that a trustee has misappropriated trust funds is also liable for breach of trust

assistant: The best answer is C. recognizing 10th circuits finding of breach of trust
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of Assignor and Assignee agrees that from time to time, at the Borrower’s expense, it will promptly execute and deliver all instruments and documents, and take all actions, that may be necessary or desirable to more fully effect the purposes of this Assignment and Acceptance 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 case excerpt and choose the best holding from the options. Case excerpt: claim for a number of reasons, including if “the district court has dismissed all claims over which it has original jurisdiction.” 28 U.S.C. § 1367(c)(3); see also Smith v. City of Enid ex rel. Enid City Comm’n, 149 F.3d 1151, 1156 (10th Cir.1998) (“When all federal claims have been dismissed, the court may, and usually should, decline to exercise jurisdiction over any remaining state claims”). Mr. Bryner, however, argues not just that a district court that has declined jurisdiction over a claim should dismiss that claim without prejudice, but that, in this case, the district court was required to dismiss his state-law claim without prejudice after it dismissed the federal-law claims for lack of jurisdiction. See D.L. v. Unified Sch. Dist. No. 497, 392 F.3d 1223, 1228 (10th Cir.2004) (<HOLDING>); with Herman Family Revocable Trust v. Teddy Options: A. holding that younger abstention was appropriate while the case works its way through the state appellate process B. holding before huffman was decided that younger abstention was inapplicable to an eminent domain proceeding C. holding that because the federal plaintiffs claims were essentially derivative of the state defendants younger abstention applied D. holding that younger abstention is jurisdictional E. holding that to avoid younger abstention plaintiffs must demonstrate that state law bars the effective consideration of their federal claims

assistant: The best answer is D. holding that younger abstention is jurisdictional
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: creditor's proof of claim.”). Cf. In re Quigley Co., Inc., 676 F.3d 45, 52 (2d Cir.2012) (noting that the holding of Stern was narrow, and that "[ejnjoining litigation to protect bankruptcy estates during the pendency of bankruptcy proceedings, unlike the entry of the final tort judgment at issue in Stern, has historically been the province of the bankruptcy courts.”) (citation omitted). 92 . See In re Prudential Lines, Inc., 170 B.R. 222, 243 (S.D.N.Y.1994). Cf. Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58, 103 S.Ct. 400, 74 L.Ed.2d 225 (1982) ("The filing of a notice of appeal is an event of jurisdictional significance — it confers jurisdiction on the court of appeals and divests the district court of its control ove 16 U.S. 367, 385, 116 S.Ct. 873, 134 L.Ed.2d 6 (1996) (<HOLDING>); Migra v. Warren City School Dist. Bd. of Options: A. holding that for federal court to grant full faith and credit to state court judgment state proceedings must satisfy the minimum procedural requirements of the fourteenth amendments due process clause B. holding that a state court settlement may be given full faith and credit in federal courts even if it concerns an exclusively federal area of law C. holding that constitutional error was waived even though petitioner repeatedly used the phrase full faith and credit because petitioner did not cite to the federal constitution or to any cases relying on the full faith and credit clause of the federal constitution D. holding that a federal court must enforce a state court judgment under the full faith and credit statute where diversity jurisdiction exists E. recognizing the uncertain state of federal law in this area

assistant: The best answer is B. holding that a state court settlement may be given full faith and credit in federal courts even if it concerns an exclusively federal area of 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: This Agreement and each other Document constitute the legal, valid and binding obligations of the Purchaser and the Collateral Agent, enforceable against the Purchaser or the Collateral Agent as the case may be in accordance with their respective terms, except as enforceability may be limited by applicable bankruptcy, insolvency, or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability.

assistant: Binding Effects
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 representations in this Agreement and the Mortgage Loan Agreement and in the other Loan Documents shall be true and correct in all respects on and as of the Closing Date with the same effect as if made on such date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: this issue of statutory interpretation. The Magistrate Judge recommended interpreting the statute in the manner espoused by the Government, requiring it to prove the substance is a controlled substance analogue under either clause (i), or (ii), or (iii) of Section 802(32)(A). The thrust of the R & R is that the plain language of the statute unambiguously supports a disjunctive reading based on the structure of the statute having three separate clauses, with the last two sections separated by an “or.” The R & R states: “As a general rule (S.D.N.Y.2001) (concluding that products containing 1,4 butanediol were controlled substance analogues of GHB if they met clauses (i) and (ii), or clauses (i) and (iii) of Section 80232(A)), and United States v. Forbes, 806 F.Supp. 232 (D.Colo.1992) (<HOLDING>). The R & R recommends that the analysis in Options: A. holding 1227a2bi limits the meaning of controlled substance for removal purposes to the substances controlled under 802 B. holding that aet an antidepressant having similar chemical structures to schedule i controlled substances could be a controlled substance analogue only if it met both the chemical structure and the pharmacological effect prongs of statute ie i and ii or i and iii C. holding that possession of listed chemical with intent to manufacture controlled substance is controlled substance offense D. holding that a substance containing wax and flour and misrepresented to be crack cocaine was a controlled substance analogue if it fell under subsections i or ii or iii of section 80232a E. holding that controlled substances defined by their chemical composition can only be identified through chemical analysis and not through visual inspection

assistant: The best answer is B. holding that aet an antidepressant having similar chemical structures to schedule i controlled substances could be a controlled substance analogue only if it met both the chemical structure and the pharmacological effect prongs of statute ie i and ii or i and iii
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 otherwise noted in Paragraph 7 and 20 herein, this Agreement contains the entire agreement and understanding between the Employee and the Company with respect to the Employee’s separation from the Company any and all disputes or claims that the Employee has, or could have had, against the Company as of the date this Agreement is executed, and supersedes all other agreements between the Employee and the Company with regard to the Employee’s employment, compensation or any disputes or claims. This Agreement shall not be changed unless in writing and signed by both the Employee and the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All disclosure furnished by or on behalf of the Company to the Purchaser regarding the Company, its business and the transactions contemplated hereby, including the Disclosure Schedules to this Agreement, is true and correct in all material respects and does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. The press releases disseminated by the Company during the twelve months preceding the date of this Agreement taken as a whole do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made and when made, not misleading. The Company acknowledges and agrees that the Purchaser does not make nor has made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in Section 3.2 hereof.

assistant: Disclosures
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 RSUs are intended to align your long-term interests with the long-term interests of the Company. If you engage in certain activities discussed below, either during employment with the Company or after such employment terminates for any reason, the Company may terminate any outstanding, unexpired or unpaid RSUs (“ Termination ”), rescind any payment or delivery of Shares pursuant to the RSUs (“ Rescission ”) or recapture any cash or any Shares or any proceeds from your sale of Shares acquired pursuant to the RSUs (“ Recapture ”), as more fully described below and to the extent permitted by Applicable Laws. For purposes of this Section 27, “ Competitive Organization or Business ” is defined as those corporations, institutions, individuals, or other entities identified by the Company as competitive or working to become competitive in the Company’s most recently filed annual report on Form 10-K.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement is invalid, illegal or incapable of being enforced by any rule of applicable Law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by this Agreement are not affected in any manner materially adverse to any Party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the Parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated by this Agreement are consummated as originally contemplated to the fullest extent possible.

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: This Agreement is binding on and will inure to the benefit of our successors and assigns. Except as otherwise provided in this Agreement, this Agreement will also be binding on your successors and assigns, and your heirs, executors and administrators.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions of this Agreement (including, without limitation, the satisfaction (or waiver) of the conditions set forth in Sections 7.1 and 7.2 below), the Company and the Noteholder hereby agree that, subject to the prior receipt by the Company of consents from the Required Holders approving the Second Amendment, the Second Amendment will be effective automatically and without any further action at 10:00 a.m., New York time, on the first to occur of (a) January 31, 2017, and (b) the first business day following the Company’s receipt of fully executed copies of this Agreement from the holders representing at least a majority of the aggregate principal amount of First Amended Notes outstanding as of the date hereof (such date and time being the “ Second Amendment Time ”).

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 case excerpt and choose the best holding from the options. Case excerpt: Mr. Brennan further testified that based on his examination of the project as compared with Morganti’s as-planned WC01 schedule and as-built progress from February 22, 1996, through termination, it was his opinion that any delays that occurred beyond WC01 were caused by Morganti and not the actions of the FBOP. As noted above, Mr. Brennan did not consider the parties’ Schedule B Agreement regarding the use of Morganti’s WC04 schedule as a baseline for measuring progress and delays, and thus his analysis disregards the parties’ stated intent. In such circumstances, the court’s role is to comb through the evidence and determine whether, based on the record, Morganti was entitled to any time beyond December 31, 1996, for critical path delays caused by Mod 192. Law, 195 Ct.Cl. at 386-87 (<HOLDING>). Although the court’s analysis “takes into Options: A. holding that a conclusory opinion may be rejected B. holding summary judgment appropriate when the facts in evidence supported another plausible theory not the plaintiffs theory of the case C. recognizing that a court may rely on matters of which a court may take judicial notice D. holding court may rely on other evidence in the record where plaintiffs total time theory has been rejected E. holding that a court may rely on otherwise inadmissible evidence including hearsay evidence at the preliminary injunction stage

assistant: The best answer is D. holding court may rely on other evidence in the record where plaintiffs total time theory has been rejected
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: Notwithstanding any provision of this Warrant to the contrary, if the Holder hereunder has not exercised this Warrant with respect to the entire amount of Tranche A Warrant Shares on or before the Tranche A Termination Date, this Warrant shall, as of such Tranche A Termination Date, expire, terminate and be null and void with respect to any right to acquire shares of Common Stock hereunder.

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

user: The Receiving Party acknowledges that the technical specifications as well as all documents to be disclosed are not subject to appropriation, remain the property of Disclosing Party or any third party, as applicable. No license or right under any intellectual property right is granted by the mere transmittal of Confidential Information to the Receiving Party, nor shall such a transmission constitute any representation or warranty by the Disclosing Party with respect to infringement of intellectual property rights of third parties. 8. All information (either Confidential Information or not) furnished under this Agreement shall remain the property of the Disclosing Party and shall be returned to it or destroyed promptly at its request (together with all relevant copies, extracts, plans, schematics or other reproductions). 10. Neither the execution of this Agreement nor the furnishing of any information under this Agreement shall be construed as granting any Party or any of its representatives, either expressly or by implication, any license or right to use any Confidential Information for its own benefit or the benefit of any other person, firm or entity, and each party expressly agrees not to so use any such information. Nothing contained in this Agreement shall be construed as conferring any rights, by license or otherwise, to any invention, discovery, or improvement made, conceived or acquired prior to, during or after the date of this Agreement.

assistant: Yes
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 the same sentence would have been levied had the UUMV conviction not been considered. Again, the trial court twice alluded to the state jail felony when sentencing appellant, and the prosecution had moments earlier solicited a particular sentence applicable only to a first degree felony. Additionally, the term of imprisonment levied approached the maximum authorized for a second degree felony. Consequently, we are not convinced that the error did not have a substantial and injurious effect or influence on the outcome. So, we cannot find that the trial court’s consideration of the state jail felony in enhancing, appellant’s punishment was harmless under Texas Rule of Appellate Procedure 44.2(b). Fite v. State, 60 S.W.3d 314, 320 (Tex.App.—Houston [14th Dist.] 2001, pet. ref'd) (<HOLDING>). Accordingly, the motion for rehearing is Options: A. holding that defendant should be resentenced where district court imposed a sentence under an erroneously calculated guidelines range even where the sentence imposed fell within the correct range B. holding that trial courts failure sua sponte to give reasonabledoubt in struction during punishment phase about pen packets offered during punishment was harmless error because sentence imposed was well within punishment range and prosecutor had asked for greater sentence C. holding that consideration by a sentencing court of acquitted conduct was appropriate in establishing the applicable guideline range or in determining the sentence to impose within the guideline range D. holding that the trial judges failure to admonish the appellant regarding the range of punishment was harmless because the record was replete with statements by the parties concerning the punishment range and because there was nothing in the record to indicate that the appellant was unaware of the range of punishment E. holding that consideration of a state jail felony to enhance punishment was not harmless even though the sentence actually assessed fell within the lawful range

assistant: The best answer is E. holding that consideration of a state jail felony to enhance punishment was not harmless even though the sentence actually assessed fell within the lawful range
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF THE BORROWER AND THE REIT IRREVOCABLY AND UNCONDITIONALLY AGREES THAT IT WILL NOT COMMENCE ANY ACTION, LITIGATION OR PROCEEDING OF ANY KIND OR DESCRIPTION, WHETHER IN LAW OR EQUITY, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, AGAINST THE ADMINISTRATIVE AGENT, ANY LENDER, OR ANY AFFILIATE OF THE FOREGOING IN ANY WAY RELATING TO THIS AGREEMENT, ANY OTHER LOAN DOCUMENT, THE AGREEMENT REGARDING FEES OR THE TRANSACTIONS RELATING HERETO OR THERETO, IN ANY FORUM OTHER THAN THE COURTS OF THE STATE OF NEW YORK SITTING IN NEW YORK COUNTY, AND OF THE UNITED STATES DISTRICT COURT OF THE SOUTHERN DISTRICT OF NEW YORK, AND ANY APPELLATE COURT FROM ANY THEREOF, AND EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE JURISDICTION OF SUCH COURTS AND AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION, LITIGATION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN SUCH FEDERAL COURT; PROVIDED THAT NOTHING IN THIS AGREEMENT SHALL LIMIT THE RIGHT OF THE ADMINISTRATIVE AGENT OR LENDERS TO COMMENCE ANY PROCEEDING IN THE FEDERAL OR STATE COURTS OF ANY OTHER JURISDICTION TO THE EXTENT THE ADMINISTRATIVE AGENT OR SUCH LENDER DETERMINES THAT SUCH ACTION IS NECESSARY OR APPROPRIATE TO EXERCISE ITS RIGHTS OR REMEDIES UNDER THE LOAN DOCUMENTS. EACH OF THE PARTIES HERETO AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION, LITIGATION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. EACH PARTY FURTHER WAIVES ANY OBJECTION THAT IT MAY NOW OR HEREAFTER HAVE TO THE VENUE OF ANY SUCH ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT SUCH ACTION OR PROCEEDING WAS BROUGHT IN AN INCONVENIENT FORUM AND EACH AGREES NOT TO PLEAD OR CLAIM THE SAME. THE CHOICE OF FORUM SET FORTH IN THIS SECTION SHALL NOT (A) BE DEEMED TO PRECLUDE THE BRINGING OF ANY ACTION BY THE ADMINISTRATIVE AGENT, OR ANY LENDER OR THE ENFORCEMENT BY THE ADMINISTRATIVE AGENT, OR ANY LENDER OF ANY JUDGMENT OBTAINED IN SUCH FORUM IN ANY OTHER APPROPRIATE JURISDICTION OR (B) LIMIT THE RIGHT OF THE ADMINISTRATIVE AGENT OR LENDERS TO COMMENCE ANY PROCEEDING IN ANY OTHER FORUM TO THE EXTENT THE ADMINISTRATIVE AGENT OR SUCH LENDER DETERMINES THAT SUCH ACTION IS NECESSARY OR APPROPRIATE TO EXERCISE ITS RIGHTS OR REMEDIES UNDER THE LOAN DOCUMENTS.

assistant: Submission To Jurisdiction
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: Since no constitutionally acceptable excuse was proffered precluding the procurement of a warrant, I would hold that the grand jury subpoena was an unreasonable search of appellee’s medical records, thus violating his constitutional rights emanating from the Fourth Amendment. I would reverse the judgment of the court of appeals and affirm the trial court’s decision to grant appellee’s motion to suppress. Because the majority holds otherwise, I dissent. BAIRD, OVERSTREET and MEYERS, JJ. join. 1 . Because the court of appeals’ arguments are based solely on the Fourth Amendment of the United States Constitution, this opinion omits any discussion of the Texas Constitution. 2 . At the suppression hearing, the investigating officer testified that he did not go to the hospital on the 1984); (<HOLDING>); Commonwealth v. Riedel, 539 Pa. 172, 651 A.2d Options: A. holding that section 62210 did not prevent a county attorney from obtaining a precharge subpoena for medical records because the subpoena did not require the disclosure of privileged communications by the giving of testimony B. holding that a subpoena for medical records may be issued only on a reasonable basis thus implying a privacy interest C. holding that constitutional right of privacy does not apply to medical records D. recognizing privacy interest in medical records requested under freedom of information act E. holding that every citizen has a constitutional right of privacy in his or her medical records

assistant: The best answer is B. holding that a subpoena for medical records may be issued only on a reasonable basis thus implying a privacy interest
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 has categorized kidnapping as a crime of violence. See, e.g., United States v. Rodriguez-Moreno, 526 U.S. 275, 280, 119 S.Ct. 1239, 143 L.Ed.2d 388 (1999). 11 . Any argument regarding a religious exception has been addressed in the first section of this Opinion relating to the RFRA. 12 . The Court takes judicial notice that Maimonides was an influential figure in the Jewish religion, who has had a profound impact on Jewish law, philosophy, and religious consciousness. 13 . I note that there is some indication by other courts of appeal, including the Fourth Circuit in Childress, that the requirement that a kidnapped person be held "for ransom or reward or otherwise” is not even an element of the federal kidnapping offense. United States v. Martell, 335 F.2d 764, 766 (4th Cir.1964) (<HOLDING>); Gawne v. United States, 409 F.2d 1399, Options: A. holding that a defendant is in custody and miranda applies even when the purpose of defendants detention is unrelated to the purpose of the interrogation B. holding that the federal kidnapping statute is violated regardless of the ultimate purpose of the kidnapper C. holding that to violate a specific intent statute the defendant must act with the purpose of violating the law D. holding that the donovan rule applies regardless of whether the injunction is issued before or after the federal court filing E. holding that the title of the statute did not limit the reach of the statute

assistant: The best answer is B. holding that the federal kidnapping statute is violated regardless of the ultimate purpose of the kidnapper
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Moreover, if any one or more of the provisions contained in this Agreement shall be held to be excessively broad as to duration, activity or subject, such provision shall be construed by limiting or reducing them so as to be enforceable to the maximum extent compatible with applicable law.

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: The Company or any Subsidiary thereof shall have the power and right to deduct or withhold, or require the Grantee to remit to the Company or any Subsidiary all federal, state, local or foreign taxes required by law to be withheld by the Company or a Subsidiary with respect to this Award. The Grantee may be required to pay to the Company in cash or cash equivalents, either prior to or concurrent with the delivery of certificates representing Stock Units that have vested, the amount required by law to be withheld by the Company. The Company, in its sole discretion, may withhold from the number of Shares to be delivered upon vesting of the Stock Units, such number of Shares having an aggregate fair market value equal to the amount of applicable federal, state, local or foreign taxes to be withheld by the Company. The Committee may establish other rules and procedures to allow the Grantee to satisfy and to facilitate the required tax withholding from time to time.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: with a supervisor about one month before he was fired, but the ALJ inexplicably found that fatigue breaks were never mentioned during that conversation. Given CPC’s concession that Carter mentioned fatigue breaks to his supervisors when questioned about his delays, we conclude that the ALJ’s finding that Carter never told his supervisors that his delays were caused by such breaks is not supported by substantial evidence. Furthermore, because the ALJ’s finding that Carter’s delays were not truly caused by fatigue breaks rested on this factual error, we also conclude that finding is not supported by substantial evidence. We further conclude that the ALJ’s flawed factual analysis, adopted by the ARB, prejudiced Carter. See Sea “B” Mining Co. v. Addison, 831 F.3d 244, 253 (4th Cir. 2016) (<HOLDING>). The evidence overlooked by the ALJ and the Options: A. recognizing that we generally apply harmless error rule to administrative adjudications B. holding that violation of rule 16 in that case was not harmless error C. recognizing that the insurance code governs procedures for administrative adjudications D. recognizing that where the error involved defies analysis by harmless error standards or the data is insufficient to conduct a meaningful harmless error analysis then the error will not be proven harmless beyond a reasonable doubt E. holding exclusion was harmless error

assistant: The best answer is A. recognizing that we generally apply harmless error rule to administrative adjudications
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: you can look at aaa 's rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879 .

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: inmates do not receive time credits or as many privileges as others working in a higher workgroup; (4) lost his phone call privileges; [and] (5)[was] expelled from print shop and landscaping classes,” among other punishments. Id. at 996. Rejecting the argument that the prisoner’s religious practice was not substantially burdened because he had not been physically forced to cut his hair, we held that the grooming policy constituted a significant burden because it put “significant pressure” on him to conform. Id. Walker’s asserted burden is closely analogous to the one at issue in Warsoldier. Like the plaintiff in Warsoldier, Walker faced a prison regulation impairing his ability to conform to a religious ritual. See Holt v. Hobbs, — U.S. -, 135 S.Ct. 853, 862, 190 L.Ed.2d 747 (2015) (<HOLDING>). Taking Walker at his word, as we must at this Options: A. holding that prohibited secondary pressure involves coercion or threats B. holding a tenured state employee has a property right to continued employment and must be accorded due process before serious disciplinary sanctions C. holding that an inmates mandamus petition challenging a disciplinary report imposing 15 days disciplinary confinement was a collateral criminal proceeding because the disciplinary confinement limited petitioners ability to earn gain time D. holding that threat occurring 36 days before possession of firearm not present threat E. holding that a threat of serious disciplinary action constituted pressure to conform

assistant: The best answer is E. holding that a threat of serious disciplinary action constituted pressure to conform
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: cause of action based on Ms. Mathis’s unlawful seizure and subsequent detention in jail for an unreasonable length of time. Absent an abuse of discretion, a trial court’s decision to permit or refuse an amendment will stand. Ohio Cas. Ins. Co. v. MRK Constr., Inc., 602 So.2d 976, 978 (Fla. 2d DCA 1992). “It is an abuse of discretion to disallow amendment of a pleading unless it clearly appears the amendment would prejudice the opposing party, the privilege to amend has been abused, or amendment would be futile.” Colandrea v. King, 661 So.2d 1250, 1251 (Fla. 2d DCA 1995). To the extent Ms. Mathis purported to revitalize a false arrest claim, she must fail. The proposed amendment as to either the Sheriff or Deputy McKenzie on a false arrest theory would be futile 505, 516 (M.D.Ala.1983) (<HOLDING>); Big Town Nursing Home, Inc. v. Newman, 461 Options: A. recognizing cause of action for wrongful death B. recognizing a cause of action for false imprisonment against a home for unwed girls C. recognizing the cause of action D. recognizing cause of action E. recognizing cause of action against federal officials for violation of constitutional rights

assistant: The best answer is B. recognizing a cause of action for false imprisonment against a home for unwed girls
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the Parties and delivered to the other Parties. Facsimile execution and delivery of this Agreement is legal, valid and binding for all purposes.

assistant: Counterparts