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

user: Read the legal provision and list the applicable contract clause categories. Provision: Corporation will have the right to deduct from any settlement of the Restricted Stock Units any federal, state, or local taxes of any kind required by law to be withheld with respect to such payments or to take such other action as may be necessary in the opinion of Corporation to satisfy all obligations for the payment of such taxes. Participant must make arrangements satisfactory to Corporation for the satisfaction of any such withholding tax obligations. Corporation will not be required to make any such payment until such obligations are satisfied. Participant may elect that all or any part of such withholding requirement be satisfied by retention by Corporation of a portion of the Shares to be delivered to Participant. If such election is made, the Shares so retained shall be credited against such withholding requirement at the Fair Market Value per Share of such Shares on the date of such delivery. In no event will the fair market value of the Shares to be withheld pursuant to this Section 8 to satisfy applicable withholding taxes exceed the minimum amount of taxes required to be withheld if such withholding would result in adverse accounting implications for the Corporation.

assistant: Tax 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 legal provision and list the applicable contract clause categories. Provision: (a). (a) IF THE CLOSING FAILS TO OCCUR BECAUSE OF BUYER’S DEFAULT, THE DEPOSIT SHALL BE RETAINED BY SELLER AS LIQUIDATED DAMAGES. THE PARTIES HERETO EXPRESSLY AGREE AND ACKNOWLEDGE THAT SELLER’S ACTUAL DAMAGES IN THE EVENT OF A DEFAULT BY BUYER WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO ASCERTAIN BECAUSE OF THE NATURE OF THE PROPERTY AND THAT THE AMOUNT OF THE DEPOSIT REPRESENTS THE PARTIES’ REASONABLE ESTIMATE OF SUCH DAMAGES. THE PAYMENT OF SUCH AMOUNT AS LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF ANY APPLICABLE LAWS, BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS SECTION 18 , SELLER AND BUYER AGREE THAT THIS LIQUIDATED DAMAGES PROVISION IS INTENDED TO BE SELLER’S SOLE AND EXCLUSIVE REMEDY FOR A DEFAULT BY BUYER, BUT IS NOT INTENDED AND SHOULD NOT BE DEEMED OR CONSTRUED TO LIMIT IN ANY WAY BUYER’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 392 U.S. 649 88 S.Ct. 2290 20 L.Ed.2d 1350 Joseph Eugene SPENCE et al.v.NORTH CAROLINA. No. 759, Misc. Jessie ELLISON v. TEXAS. No. 1311, Misc. Robert Eddie Louis JACKSON v. George J. BETO, Corrections Director. No. 1823, Misc. Supreme Court of the United States October Term, 1967. June 17, 1968 Sam Houston Clinton, Jr., for petitioner Jessie Ellison. T. W. Bruton, Atty. Gen. of North Carolina, and Harry W. McGalliard, Deputy Atty. Gen., for respondent State of North Carolina. Crawford C. Martin, Atty. Gen. of Texas, Nola White, First Asst. Atty. Gen., Hawthorne Phillips and Lonny F. Zwiener, Asst. Attys. Gen., and A. J. Carubbi, Jr., for respondent State of Texas. Crawford C. Martin, Atty. Gen. of Texas, Nola White, First Asst. Atty. Gen., Robert C. Flowers, Douglas H. Chilton, and Lonny F. Zwiener, Asst. Attys. Gen., for respondent George J. Beto. On Petition for Writ of Certiorari to the Supreme Court of North Carolina. On Petition for Writ of Certiorari to the Court of Criminal Appeals of Texas. On Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit. For opinion on remand see 164 S.E.2d 593. PER CURIAM. 1 The motions for leave to proceed in forma pauperis and the petitions for writs of certiorari are granted. The judgments of the courts below are vacated and the cases remanded for reconsideration in the light of Witherspoon v. State of Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776. 2 Mr. Justice BLACK and Mr. Justice HARLAN dissent for reasons stated in Mr. Justice Black's dissenting opinion in Witherspoon v. State of Illinois, 391 U.S. 510, 532, 88 S.Ct. 1770, 1782, 20 L.Ed.2d 776. 3 Mr. Justice WHITE dissents for the reasons stated in his dissenting opinion in Witherspoon v. State of Illinois, 391 U.S. 510, 540, 88 S.Ct. 1770, 1786, 20 L.Ed.2d 776.

assistant: 1
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’s employment hereunder shall terminate upon the Executive’s disability. For all purposes of this Agreement, the Executive shall be deemed to be disabled at the earlier of (i) the commencement of the Company’s first salary period with respect to which the Executive first receives benefits under any long-term disability insurance policy purchased by the Company for the benefit of the Executive, or (ii) at such time as the Executive is unable to perform the Executive’s duties hereunder for a period of ninety (90) consecutive days (which period may be extended by up to thirty (30) days at the Company’s sole discretion).

assistant: Disability
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: section 39.6221(2)(c), Florida Statutes (2015), requires the circuit court to “[slpecify the frequency and nature of visitation or contact between the child and his or her parents.” Here, the court’s order specifies that K.B. shall have a minimum of one hour per week supervised visitation, with additional visitation at the permanent guardian’s' discretion. The order also gives the guardian discretion to permit unsupervised visitation upon determining that KB. has achieved the sobriety and • stability necessary to keep the child safe. However, it does not leave the frequency and nature of visitation to the guardian’s complete discretion. Therefore, the order comports with section 39.6221(2)(c). Cf. S.W-R. v. Dep’t of Children & Family Servs., 64 So.3d 1283, 1284-85 (Fla. 2d DCA 2011), (<HOLDING>). Reversed and remanded. NORTHCUTT, KELLY, and Options: A. holding that the trial court abused its discretion in failing to grant a continuance requested by telephone when the party requesting same was served with notice of the proceeding less than one hour before the hearing B. holding an upward departure under ussg 5k22 was not error or an abuse of discretion where the victim suffered permanent and lifethreatening injuries C. holding that because the order lacked an independent basis it was an abuse of discretion to issue the mutual restraining order D. holding the permanent guardianship order that provided for visitation biweekly for an hour to an hour and a half or at the discretion of the caregiver did not comply with section 3962212c because it placed complete discretion concerning the frequency and duration of visitation with the permanent guardian E. holding the selection of the person to be appointed guardian is a matter which is committed largely to the discretion of the appointing court and an appellate court will interfere with the exercise of this discretion only in case of a clear abuse

assistant: The best answer is D. holding the permanent guardianship order that provided for visitation biweekly for an hour to an hour and a half or at the discretion of the caregiver did not comply with section 3962212c because it placed complete discretion concerning the frequency and duration of visitation with the permanent guardian
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: Circuit precedent. Doc. 5 at 10,17. In In re Jacobson, 676 F.3d 1193 (9th Cir.2012), the Court of Appeals was asked to decide the applicability of California’s homestead exemption reinvestment requirement, which compelled a debtor to turn over proceeds from the sale of her exempt homestead after she failed to reinvest those proceeds within the six months permitted by the statute. In re Jacobson, 676 F.3d at 1198-99. Before Jacobson, California had elected to opt out of the Bankruptcy Code’s list of default property exemptions outlined in § 522(d), and defined their own exemptions as permitted by § 522(b)(2). Id. at 1198. California provided a homestead exemption similar to the exemption provided by many states, including Arizona. Id.; In re White, 377 B.R. 633, 643 (Bankr.D.Ariz. 2007) (<HOLDING>). The debtor in Jacobson argued that the Options: A. recognizing similar duties B. recognizing similar analysis applies to discrimination and retaliation claims C. recognizing that the ada is interpreted in a manner similar to title vii D. recognizing that californias homestead exemption is similar to ars 331101 E. recognizing a similar exception to its rule with respect to corporations

assistant: The best answer is D. recognizing that californias homestead exemption is similar to ars 331101
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: Orix is relying on the phrase “and property, wherever located, now or hereafter belonging to the Mortgagor” to support its argument that the description was sufficient to cover the amounts payable under the BFI agreement. Section 9.110 of the Texas Business and Commerce Code governs the sufficiency of collateral descriptions in a security agreement. It states, in pertinent part: ... any description of personal property or real estate is sufficient for the purposes of this chapter whether or not it is specific if it reasonably identifies what is described. Tex.Bus. & Com.Code Ann. § 9.110 (Tex. UCC) (Vernon 1991). The commentary under this section states that the test of the sufficiency of a description is whether the description does the job assigned to it, that is, does the (1982) (<HOLDING>); James Talcott, Inc. v. Franklin Nat’l Bank of Options: A. holding description all personal property sufficient to cover equipment B. holding that description all inventory accounts machinery equipment finished products and products being manufactured also everything connected with said business in any way sufficient to cover trailers C. holding that words which expressly refer to adequate legal description provide nucleus of description that is legally sufficient for statute of frauds D. holding description all tangible personal property now owned by the debtor or which may hereafter be acquired sufficient to cover equipment E. holding description all of the goods then owned or to be owned in the future sufficient to cover equipment and vehicles

assistant: The best answer is A. holding description all personal property sufficient to cover equipment
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 Seller or Guarantor shall continue to maintain, for Seller and its Subsidiaries, Fidelity Insurance in an aggregate amount at least equal to $300,000. The Seller or Guarantor shall maintain, for Seller and its Subsidiaries, Fidelity Insurance in respect of its officers, employees and agents, with respect to any claims made in connection with all or any portion of the Repurchase Assets. The Seller or Guarantor shall notify the of any material change in the terms of any such Fidelity Insurance.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: notwithstanding the foregoing , each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator .

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: If the Executive’s employment terminates pursuant to Section 6(a) [Death], (i) the Executive’s designated beneficiary or the Executive’s estate shall be entitled to receive only the salary, expense reimbursements, benefits and accrued vacation earned by the Executive pursuant to Section 4 through the date of the Executive’s death; (ii) at the time payable under the applicable Company bonus plan, an annual bonus shall be paid to the Executive’s designated beneficiary or the Executive’s estate for the fiscal year of the Executive’s death based on the annual bonus that the Executive would have earned under the Company’s bonus plan for such fiscal year had the Executive not died, contingent on the relevant annual bonus plan performance goals for said year having been obtained, capped at 100% of the Executive’s target bonus for such fiscal year and pro-rated for the number of days the Executive is employed during such fiscal year until the Executive’s death; (iii) any restricted stock granted to the Executive by the Company on or after January 22, 2014 and at least 12 months before the date of the Executive’s death, and which remains unvested as of the date of the Executive’s death shall become fully vested as of such date of death and any restricted stock granted to the Executive by the Company prior to January 22, 2014 or within the 12-month period ending on the date of the Executive’s death that remains unvested as of the date of the Executive’s death shall automatically be forfeited and the Executive shall have no further rights with respect to such restricted stock; and (iv) the Company shall waive any reacquisition or repayment rights for dividends paid on restricted stock prior to the Executive’s death.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, and each of these shall be deemed an original and all of which, taken together, constitute the same Agreement. Delivery of an executed counterpart by facsimile or email is equally as effective as delivery of an original executed counterpart.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless previously terminated, (i) the Term Loan Commitments shall terminate at 3:00 p.m. (New York City time) on the Effective Date and (ii) all other Commitments shall terminate on the Maturity Date.

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 case excerpt and choose the best holding from the options. Case excerpt: Fiberglas Corp., 196 U.S. Pat. Q. 726, 745 (N.D. Ala. 1977) (defendant promoted and sold product “with the specific recommendation that they be used in an infringing manner,” i.e., molded under heat and pressure to approximate a patented product). Here, North American Philips’s complaint did not allege that Konami provided any detailed instructions to its customers on how to infringe the patent. Indeed, as noted above, North American Philips’s complaint did not allege that it was injured at all in the course of Konami’s advertising. Without such a connection to advertising activities, Konami cannot be afforded coverage under the advertising injury provision of the CGL policy. See International Insurance Co. v. Florists’ Mutual Insurance Co., 201 Ill. App. 3d 428, 433 (1990) (<HOLDING>). Furthermore, we believe Konami’s reliance on Options: A. holding that causal connection between alleged injuries and advertising activity cannot be satisfied by a mere showing that the allegedly infringing product was advertised B. holding that there must be a causal connection between the advertising activity and the injury alleged in the underlying complaint C. holding that there must be a causal connection between the alleged antitrust violation and the antitrust injury for there to be antitrust standing D. holding that there must be a causal connection between an insureds advertising and an alleged injury to trigger coverage for an advertising injury E. holding that to show a causal connection the plaintiff must demonstrate a relationship between the misconduct and the plaintiffs injury

assistant: The best answer is B. holding that there must be a causal connection between the advertising activity and the injury alleged in the underlying complaint
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 proceeds of Loans and Letters of Credit (a) made on the Closing Date shall be applied by the Borrower to effect the Acquisition and the Existing Debt Refinancing, to pay Transaction Costs of the Borrower and its Restricted Subsidiaries and to cash collateralize and/or backstop letters of credit and (b) made on and after the Closing Date shall be utilized for working capital and general corporate purposes (including to effect Permitted Acquisitions and Consolidated Capital Expenditures permitted hereunder); provided that no proceeds of Swing Line Loans may be used to repay or prepay outstanding Swing Line Loans. No portion of the proceeds of any Credit Extension shall be used in any manner that causes or might cause such Credit Extension or the application of such proceeds to violate Regulation T, Regulation U or Regulation X of the Board of Governors of the Federal Reserve System or any other regulation thereof or to violate the Exchange Act.

assistant: Use Of Proceeds
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 Partnership may, without prior written consent or notice, (i) file the Transaction Agreements as exhibits to Exchange Act reports, if required by applicable Law and (ii) disclose such information with respect to any Class B Purchaser as required by applicable Law or the rules or regulations of the NASDAQ or other exchange on which securities of the Partnership are listed or traded.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the prevailing party in any arbitration or other proceeding arising under these terms of use shall be entitled to receive reimbursement of its reasonable expenses ( including reasonable attorneys ' fees , expert witness fees and all other expenses ) incurred in connection therewith .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the district court’s order de novo, Molina v. Astrue, 674 F.3d 1104, 1110 (9th Cir. 2012), and we affirm. The A adverse credibility determination: the objective medical evidence was inconsistent with Willens’s subjective allegations of limitation. For example, although Wil-lens testified that he experienced regularly-recurring chest pains, Dr. Sibley stated in a July 2012 report that Willens had been asymptomatic since April 2012. Second, although Willens testified that his neck pain was disabling, Dr. Sibley reported on February 20, 2012 that Willens had undergone cervical fusion and had improvement in his neck pain. Moreover, in the medical evidence before the ALJ, no physician made an assessment that Willens was disabled. See Burch v. Barnhart, 400 F.3d 676, 681 (9th Cir. 2005) (<HOLDING>). The ALJ did not err in giving little weight Options: A. holding that an alj may consider a lack of supporting medical evidence but the factor cannot form the only basis for discounting subjective symptom testimony B. holding that the alj properly relied on medical evidence undermining claimants subjective assessment of limitations C. holding that a failure to corroborate ones testimony with supporting evidence cannot form the sole basis for an adverse credibility determination D. holding that lack of medical evidence cannot form the sole basis for discounting pain testimony but is a factor that an alj may consider E. holding that the alj did not err in discounting a claimants reports of pain where they were not supported by the medical record

assistant: The best answer is A. holding that an alj may consider a lack of supporting medical evidence but the factor cannot form the only basis for discounting subjective symptom testimony
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 has engaged Stephens Inc. (the “ Placement Agent ”), a registered broker-dealer subject to the rules and regulations of the Financial Industry Regulatory Authority (“ FINRA ”), in connection with the offer and sale of the Notes as contemplated by the Transaction Documents. Except for such engagement, neither the Company nor any of its officers, directors, employees or agents has employed any broker or finder or incurred any liability for any financial advisory fees, brokerage fees, commissions or finder’s fees, and no broker or finder has acted directly or indirectly for the Company in connection with the Transaction Documents or the Contemplated Transactions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 7.1.(i), there are no actions, suits or proceedings pending (nor, to the knowledge of any Loan Party, are there any actions, suits or proceedings threatened in writing) against or in any other way relating adversely to or affecting the Parent, the Borrower, any other Loan Party, any other Subsidiary or any of their respective property in any court or before any arbitrator of any kind or before or by any other Governmental Authority which, (i) could reasonably be expected to have a Material Adverse Effect or (ii) in any manner draws into question the validity or enforceability of any Loan Document. There are no strikes, slow downs, work stoppages or walkouts or other labor disputes in progress or threatened relating to, any Loan Party or any other Subsidiary that individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower agrees that (A) all of the representations and warranties of Borrower set forth in this Agreement and/or in the other Loan Documents delivered as of the date hereof are initially made as of the date hereof (except as expressly otherwise provided) and (B) all representations, warranties and covenants made by Borrower shall be continuing and survive the delivery of the Note and continue for so long as any Indebtedness remains owing, provided , however , that the representations and warranties set forth in the Environmental Indemnity shall survive as stated therein. All representations, warranties, covenants and agreements made in this Agreement or in the other Loan Documents shall be deemed to have been relied upon by Lender notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During employment and after the termination of this Agreement and the Executive's employment for any reason, the Executive agrees to reasonably cooperate with and at the request of the Company in the defense or prosecution of any legal matter or claim in which the Company, any of its Affiliates, or any of their past or present employees, agents, officers, directors, attorneys, successors or assigns, may be or become involved and which arises or arose during the Executive's employment. The Executive will be reimbursed for any reasonable out-of-pocket expenses incurred thereby. Such cooperation will be without additional compensation if Executive is then employed by Company and for reasonable mutually agreeable compensation if Executive is not then employed by Company.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the extent not waivable , you irrevocably agree not to exercise such rights ( if any ) in a manner that interferes with any exercise of the granted rights .

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: All notices, requests, demands, claims, consents and other communications required or permitted to be given in this Agreement must be in writing and must be either personally delivered, transmitted via facsimile, mailed by certified or registered mail (postage prepaid and return receipt requested) or sent by reputable overnight courier service (charges prepaid) to the recipient at the address below indicated or at such other address or to the attention of such other person as the recipient party has specified by prior written notice to the sending party. Notices will be deemed to have been given hereunder and received when delivered personally, when received if transmitted via facsimile, five (5) days after deposit in the U.S. mail and one (1) day after deposit with a reputable overnight courier service.

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: the arbitrator must honor the terms of this agreement ( and any additional terms ) and can award the prevailing party damages and other relief ( including attorneys ' fees ) consistent with applicable law .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: relief that remains pending in the trial court, the rulings appellant seeks to appeal are interlocutory. See North East I.S.D. v. Aldridge, 400 S.W.2d 893, 895 (Tex.1966) (noting “to be final a judgment must dispose of all issues and parties in a case”). It is well settled that appellate courts have jurisdiction to consider immediate appeals of interlocutory orders only if a statute specifically provides for appellate jurisdiction. Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex.1998). Section 166.046 does not expressly provide a right to appeal the trial court’s ruling on a request for extension of time for life sustaining treatment, thus indicating the legislature did not intend to permit such an appeal. See, e.g., Ex parte Burr, 139 S.W.3d 446, 448 (Tex.App.-Dallas 2004, pet. stricken) (<HOLDING>). While an interlocutory appeal from the grant Options: A. holding temporary restraining order void because court waived bond B. holding that alaskas legislature did not intend its kidnapping statute to be interpreted as broadly as the literal language indicated C. holding that failure to include right to appeal in statute indicated legislature did not intend to permit appeal from denial of temporary restraining order D. holding temporary restraining order void for lack of requirement of separate bond E. holding that where defendant received temporary restraining order and had actual knowledge of hearing technical failure to include summons with tro did not deprive trial court of personal jurisdiction

assistant: The best answer is C. holding that failure to include right to appeal in statute indicated legislature did not intend to permit appeal from denial of temporary restraining order
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (R.I.2006). “Privileges, by their nature,” create limitations on the legal process that must be viewed with skepticism because they attempt to “ ‘shut out the light’ on ‘the ascertainment of the truth.’ ” Id. at 1078 (quoting State v. Almonte, 644 A.2d 295, 298 (R.I.1994)). When a party who is resisting discovery of so-called confidential or protected information asserts a privilege, “[t]he burden of establishing entitlement to nondisclosure rests on the party resisting discovery.” Moretti, 592 A.2d at 857. This Court has refused to recognize new privileges, even when a “statute manifests and effectuates an important legislative policy favoring confidentiality and generally prohibits disclosure of information[.]” Mallette v. Children’s Friend and Service, 661 A.2d 74, 76 (R.I.1995) (<HOLDING>). Furthermore, we have declared that a statute Options: A. holding that statute making child welfare agency records confidential but disclosable pursuant to a court order did not create an absolute privilege for such records B. holding that disclosure to department of defense audit committee without a confidentiality agreement waived privilege in irs investigation C. holding that ferpa and state law did not create an educational records privilege D. recognizing a corporations legal rights to confidentiality and privilege E. holding that the statute establishing the confidentiality of department of children youth and famines records did not create a testimonial privilege

assistant: The best answer is E. holding that the statute establishing the confidentiality of department of children youth and famines records did not create a testimonial privilege
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: § 1521(a), (e). C. Board Application of 38 U.S.C. §§ 1513, 1521 Without considering section 1513, the Board applied section 1521(e) and 38 C.F.R. § 3.351(d)(2), concluding that, without a disability rated as total or permanent, “the provisions for special monthly pension at the housebound rate are not for consideration.” R. at 9. Mr. Hartness argues that the Board erred because it failed to apply section 1513 when considering whether he is entitled to a special monthly pension under section 1521(e). We agree. The Board’s analysis and finding that Mr. Hartness was not entitled to a special monthly pension based on permanent housebound status, without consideration of section 1513, is clearly erroneous. See 38 U.S.C. § 7104(a), (d)(1); Gilbert v. Derwinski, 1 Vet.App. 49, 52 (1990) (<HOLDING>). On remand, the Board will apply the following Options: A. recognizing a finding is clearly erroneous when although there is evidence to support it the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed B. holding that the court of appeals must consider and weigh all of the evidence and may only set aside the finding if the evidence is so weak or if the finding is so against the great weight and preponderance of the evidence that it is clearly wrong and unjust C. holding that error is harmless if there is substantial independent evidence of guilt satisfying the reviewing court there is no substantial likelihood the challenged evidence contributed to the conviction D. holding that although there was evidence of discrimination based on race there was insufficient evidence to support a finding of constructive discharge E. holding review of sufficiency of evidence of juvenile adjudication is same as reviewing substantial evidence to support a criminal conviction

assistant: The best answer is A. recognizing a finding is clearly erroneous when although there is evidence to support it the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If Grantee accepts the award on or before March 7, 2016, this Agreement will become effective the date the Corporation receives the award acceptance. After this agreement becomes effective, the Corporation will credit to Grantee the number of restricted stock units specified in the award package. Subject to the terms and conditions of this Agreement, each restricted stock unit ("unit") will entitle Grantee to receive in settlement of the unit one share of the Corporation's common stock.

assistant: Effective Dates
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: 2003, no pet.); West Beach Marina, Ltd. v. Erdeljac, 94 S.W.3d 248, 268 (Tex.App.-Austin 2002, no pet.); Chilton Ins. Co. v. Pate & Pate Enterprises, Inc., 930 S.W.2d 877, 896 (Tex.App.San Antonio 1996, writ denied). 9 . Indeed, after determining that a party had not shown that fees were inextricably intertwined, the Dallas Court of Appeals has gone so far as to state that this determination would not bind the trial court on remand and that the trial court was free to revisit the applicability of the "inextricably intertwined” exception. See Geodyne Energy Income Production P’ship I-E, 97 S.W.3d at 789-90. This court has held to the contrary regarding the binding nature of an appellate court's determination of the "inextricably intertwined” exception. See Willis, 118 S.W.3d at 47-48 (<HOLDING>). 10 . We note, however, that a legal rule that Options: A. holding that inextricably intertwined exception did not apply that trial court erred by not requiring segregation and that case should be remanded to trial court for determination of the amount of the segregated attorneys fees B. holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees C. holding that where trial court erred in applying established law to the facts of the case it must be reversed and remanded for a new hearing to give the trial court an opportunity to address the issue D. holding that the court of appeals erred in modifying the judgment to include attorneys fees when the trial courts refusal to grant attorneys fees was not the subject of a point of error E. holding that court of appeals erred by rendering judgment for full amount of attorneys fees sought after reversing 0 fee award because jury awarded less in damages than amount sought and therefore uncontroverted attorney testimony on amount of attorneys fees did not establish amount of reasonable and necessary fees as a matter of law

assistant: The best answer is A. holding that inextricably intertwined exception did not apply that trial court erred by not requiring segregation and that case should be remanded to trial court for determination of the amount of the segregated attorneys 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: Co., 394 U.S. 404, 415, 89 S.Ct. 1144, 22 L.Ed.2d 371 (1969)). Abruska’s common-law negligence claim involves only one dimension of this generalized duty of care, the turnover duty of safe condition, which requires “exercising ordinary care under the circumstances to have the ship and its equipment in such condition that an expert and experienced stevedore will be able by the exercise of reasonable care to carry on its cargo operations with reasonable safety to persons and property.” Id. at 167, 101 S.Ct. 1614. The vessel therefore owed Abruska a duty to turn over the Baranof Trader in such condition that Northland Services, acting in its capacity as the employer, would be able to pursue its stevedoring operations with reasonable , 241 U.S. 344, 351, 36 S.Ct. 668, 60 L.Ed. 1037 (1916) (<HOLDING>); cf. Torres v. Johnson Lines, N.Y.K., 932 F.2d Options: A. holding that district courts failure to hold evidentiary hearing to ascertain whether defendant breached plea agreement was harmless when it was clear defendant breached agreement B. holding that in the absence of a product malfunction a plaintiff cannot establish that a defendant breached any duty owed C. recognizing that whether a duty exists is a question of law for the courts D. holding that question of whether defendant breached duty under applicable safety statutes was not one for experts E. holding that at a minimum the defendant must have breached some duty created by a labor contract to be liable for a violation under section 301a

assistant: The best answer is D. holding that question of whether defendant breached duty under applicable safety statutes was not one for experts
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: without any tangible property damage,.-..” Dkt. 22 at 16. On the other hand, Federal argues that the “based upon, arising from, or in .consequence..of’ language in the property damage exclusion should be interpreted broadly. Dkt-. 23 at 13. Federal argues that the court need only find a minimal causal connection to property damage for the exclusion to apply. Id. The court has previously applied the Council’s interpretation of the policy when it analyzed whether Federal had a duty to defend the First Coverage Lawsuit. See Landing Council, 2013 WL 4787954, at *7. There, the court evaluated whether “there was an independent cause giving rise to and thus a duty to defend” each cause of action and whether the property damage exclusion applied to any claims in the Underlying Lawsuits. Id. (<HOLDING>). Applying the same interpretation of the Options: A. holding there was no evidence to support the existence of any alleged fiduciary duty B. holding there was a duty to defend the bull capital underlying suit with regard to the fiduciary duty issue because the councils failure to collect assessments after the hurricane due to an undisclosed interest in selling the landing could have arisen independent of the hurricane C. holding the duty to indemnify is narrower than the duty to defend D. holding despite authority for the general proposition that the duty to defend is determined based on the allegations of the complaint that an insurer had no duty to defend where the underlying claim was covered by the policy based on the facts pleaded in complaint but other facts not appearing in the complaint excluded coverage E. holding where there is no duty to defend there is no duty to indemnify

assistant: The best answer is B. holding there was a duty to defend the bull capital underlying suit with regard to the fiduciary duty issue because the councils failure to collect assessments after the hurricane due to an undisclosed interest in selling the landing could have arisen independent of the hurricane
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 Plan will become effective on the date it is approved by the Company’s stockholders (the “ Effective Date ”). The Plan will expire on, and no Award may be granted pursuant to the Plan after the tenth (10 th ) anniversary of the Effective Date, but Awards previously granted may extend beyond that date and shall remain in force according to the terms of the Plan and the applicable Award Agreement. If the Plan is not approved by the Company’s stockholders, the Plan will not become effective, no Awards will be granted under the Plan and the Prior Plans will continue in full force and effect in accordance with their terms.

assistant: Effective Dates
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 RSA effective date, Mr. Hartman’s base salary will be reduced to $250,000 per annum. Mr. Brooks and Ms. Snyder will continue receiving their current annualized base salaries of $385,000 and $335,000, respectively. The Company will provide Mr. Hartman with market relocation assistance with respect to his move to the Houston metropolitan area.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: tion with that matter may be imputed to the organization for purposes of civil or criminal liability or whose statement may constitute an admission on the part of the organization. To the extent that Plaintiffs seek to interview present employees of the City, the foregoing Comment provides the necessary guidance. Neither the plain language of the Rule nor the Comment make clear, however, whether and to what extent the Rule applies to ex parte contact with former employees of a corporate-party. Maryland’s appellate courts have not resolved the issue, and judges of this Court who have attempted to forecast the likely position of the Maryland Court of Appeals have reached contradictory results. Compare Davidson Supply Co. v. P.P.E., Inc., 986 F.Supp. 956, 958 (D.Md.1997) (Smalkin, J) (<HOLDING>), with Zachair, Ltd. v. Driggs, 965 F.Supp. Options: A. holding that personal jurisdiction is proper if party has sufficient minimum contacts B. recognizing general rule that ex post facto provision does not apply to purely procedural matters C. holding that rule 42 did not apply to ex parte contacts with former employees of represented party D. holding that where an spa does not mention former employees but only current employees and a complaint only alleges that former employees were solicited there is no breach of a nonsolicitation clause E. holding that personal jurisdiction over a party is proper if the party has sufficient minimum contacts with the forum

assistant: The best answer is C. holding that rule 42 did not apply to ex parte contacts with former employees of represented party
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: language in the agreement: [T]his agreement to resolve claims by arbitration is mutually binding upon both me and the Company (and its affiliates, including ...), and it binds and benefits our successors, subsidiaries, assigns, beneficiaries, heirs, children, spouses, parents, and legal representatives. Relators point out that the election and arbitration agreement applies to claims against SSP’s “employees and agents.” The election and arbitration agreement also expressly provides that: The types of claims covered by this Agreement include, but are not limited to, any and all ... claims challenging the validity or enforceability of this Agreement (in whole or in part) or challenging the applicability of this Agreement to a particular dispute or 1, 573 (Tex.1999) (orig.proceeding) (<HOLDING>), abrogated on other grounds by In re Options: A. holding that trial court properly denied motion to compel arbitration of claims for fraud and unfair and deceptive trade practices because arbitration clause in agreement only applied to indemnification claims and there were no other arbitration clauses in agreement B. holding that a party attempting to compel arbitration must first establish that the dispute in question falls within the scope of a valid arbitration agreement C. recognizing that in reviewing ruling on motion to compel arbitration we first determine whether party seeking arbitration established existence of arbitration agreement D. holding that a party seeking to compel arbitration must establish the existence of an arbitration agreement and show that the claims raised fall within the scope of that agreement E. holding trial court must decide whether to compel arbitration of personal injury claim of party who was not signatory to arbitration agreement

assistant: The best answer is D. holding that a party seeking to compel arbitration must establish the existence of an arbitration agreement and show that the claims raised fall within the scope of that agreement
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: for certain products and services , booking.com facilitates ( through third party payment processors ) the payment of the relevant product or service ( i.e. the payment facilitation service ) at the election of the supplier ( booking.com never acts nor operates as the merchant of record ) .

assistant: None