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: law. These questions are abstractly interesting, but ultimately unimportant in the resolution of this matter. National Association anticipated Chevron’s framing of judicial review of agency statutory interpretation as an inquiry into an agency’s delegated authority and its action within that authority. “Chevron is principally concerned with whether an agency has authority to act under a statute.” Arent v. Skalala, 70 F.3d 610, 615 (D.C.Cir.1995). Chevron analysis “is focused on discerning the boundaries of Congress’ delegation of authority to the agency; and as long as the agency stays within that delegation, it is free to make policy choices in interpreting the statute, and such interpretations are entitled to deference.” Id.; see also Mead, 533 U.S. at 226-27, 121 S.Ct. at 2170-71 (<HOLDING>). With these principles in mind, it is evident Options: A. holding that administrative implementation of a particular statutory provision qualifies for chevron deference when it appears that congress delegated authority to the agency generally to make rules carrying the force of law and that the agency interpretation claiming deference was promulgated in the exercise of that authority B. holding regulations entitled to chevron deference C. holding that chevron deference is due only when the agency acts pursuant to delegated authority D. holding that chevron deference is due only to a reasonable interpretation made by the administrator of an agency E. holding that a precondition to chevron deference is congressional delegation of administrative authority

assistant: The best answer is C. holding that chevron deference is due only when the agency acts pursuant to delegated authority
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 embodies the entire agreement between the Parties and supersedes any prior representations, understandings and agreements between the Parties regarding the subject matter hereof. There are no representations, understandings or agreements, oral or written, between the Parties regarding the subject matter hereof that are not fully expressed herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: engage in “judicial line drawing.” Id. at 931 (“ ‘[A]t what point does the right [of publicity] collide with the right of free expression guaranteed by the First Amendment?’ ”). Upon considering whether the First Amendment takes precedence over a claimed right of publicity, courts “balance the magnitude” of restricting the expression at issue “against the asserted governmental interest in protecting” the right of publicity. Cardtoons, 95 F.3d at 972. As such this court must examine the importance of CBC’s right to freedom of expression and the consequences of limiting that right. Id. These consequences must be weighed against the effect of infringing on the Major League baseball players’ claimed right of publicity. Id. See also Gionfriddo, 94 Cal.App.4th at 410, 114 Cal.Rptr.2d 307 (<HOLDING>); TCI, 110 S.W.3d at 372 (holding that it is Options: A. holding that the public interest in expression must be weighed against the plaintiffs economic and noneconomic interests B. holding that jury not required to award noneconomic damages merely because it has awarded economic damages C. holding that the plaintiff did not have standing because it was not able to demonstrate how its economic interests fell within the zone of interests protected by the nhpa D. recognizing the public interest exception E. holding the damages award of zero dollars was clearly inadequate in light of the substantial evidence at trial of economic and noneconomic damages resulting from husbands wrongful death

assistant: The best answer is A. holding that the public interest in expression must be weighed against the plaintiffs economic and noneconomic interests
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to principles of conflict of laws. The parties irrevocably submit to the jurisdiction of any state or federal court sitting in or for the United States District Court for the Eastern District of New York or any New York State court sitting in Kings County, New York with respect to any dispute arising out of or relating to this Agreement, and each party irrevocably agrees that all claims in respect of such dispute or proceeding shall be heard and determined in such courts. The parties hereby irrevocably waive, to the fullest extent permitted by law, any objection that they may now or hereafter have to the venue of any dispute arising out of or relating to this Agreement or the transactions contemplated hereby brought in such court or any defense of inconvenient forum for the maintenance of such dispute or proceeding. Each party agrees that a judgment in any such dispute may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. THE PARTIES HEREBY WAIVE A TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM OR COUNTER CLAIM BROUGHT OR ASSERTED BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER ON ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: with the underlying facts and procedural history of the case. We review the BIA’s denial of a motion to reopen for abuse of discretion. Ali v. Gonzales, 448 F.3d 515, 517 (2d Cir.2006). After the July 2006 merits hearing, the IJ found that the Petitioner had failed to establish his Congolese identity, which defeated prima facie eligibility for relief. See Wangchuck v. Dep’t of Homeland Sec., 448 F.3d 524, 528 (2d Cir.2006) (“[A] petitioner’s nationality, or lack of nationality, is a threshold question in determining his eligibility for asylum.”) (internal quotation marks omitted). On the motion for rehearing, the BAD did not err in declining to consider Petitioner’s newly submitted identity documents. See INS v. Abudu, 485 U.S. 94, 104-05, 108 S.Ct. 904, 99 L.Ed.2d 90 (1988) (<HOLDING>). As the BIA found, and Mudiangomba conceded Options: A. recognizing that bia may deny motion to reopen where movant has not established prima facie eligibility for relief sought B. recognizing that failure to offer new previously unavailable evidence establishing a prima facie case for the underlying relief sought is a proper ground on which the bia may deny a motion to reopen C. recognizing that in an untimely motion to reopen based on changed country conditions the movant must submit previously unavailable evidence demonstrating his prima facie eligibility for relief D. holding that the bia may deny a motion to reopen on the ground that the movant has not established prima facie eligibility for the underlying relief sought E. holding that the bia may deny a motion to reopen based on its finding that the movant has not established his prima facie eligibility for relief

assistant: The best answer is C. recognizing that in an untimely motion to reopen based on changed country conditions the movant must submit previously unavailable evidence demonstrating his prima facie eligibility for relief
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 Seller and Buyer agrees that prior to the Closing it shall not issue any written press release concerning this Agreement or the transactions contemplated hereby without obtaining the prior written approval of either Buyer or Seller, as applicable, which approval will not be unreasonably withheld, delayed or conditioned, unless, in the judgment of such issuing party upon advice of counsel, disclosure is otherwise required by applicable Law, provided that such Party that intends to make such release shall use its commercially reasonable efforts consistent with such applicable Law requirement to consult with the other parties with respect to the text thereof.

assistant: Publicity
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 a Third-Party Claim requires immediate action, both the Indemnified Party and the Indemnifying Party shall cooperate in good faith to take appropriate action so as not to jeopardize the defense of such Third-Party Claim or any Party’s position with respect to such Third-Party Claim.

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 legal provision and list the applicable contract clause categories. Provision: Subject to the recording of an Assignment by Agent in the Register pursuant to Section 1.4(b), (i) the assignee thereunder shall become a party hereto and, to the extent that rights and obligations under the Loan Documents have been assigned to such assignee pursuant to such Assignment, shall have the rights and obligations of a Lender, (ii) any applicable Note shall be transferred to such assignee through such entry and (iii) the assignor thereunder shall, to the extent that rights and obligations under this Agreement have been assigned by it pursuant to such Assignment, relinquish its rights (except for those surviving the termination of the Commitments and the payment in full of the Obligations) and be released from its obligations under the Loan Documents, other than those relating to events or circumstances occurring prior to such assignment (and, in the case of an Assignment covering all or the remaining portion of an assigning Lender's rights and obligations under the Loan Documents, such Lender shall cease to be a party hereto).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Nothing in this Joinder Agreement is or will be deemed to (a) make any Party or any employee of such Party the agent, employee, or partner of any other Party, or (b) provide any Party or any employee of such Party with the authority to act on behalf of any other Party or to bind any other Party to any contract, agreement, and/or other similar legally binding obligation.

assistant: Authority
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: Pursuant to the terms and conditions hereinafter set forth, the Company hereby employs Employee, and Employee hereby accepts such employment for a period beginning on the Effective Date and ending on the one (1) year anniversary of the Effective Date (the “ Initial Term ”); provided that this Agreement shall automatically extend for additional one (1) year periods after the Initial Term (each an “ Automatic Renewal Term ” and the Initial Term together with all Automatic Renewal Terms, if any, the “ Term ”) in the event that neither Party provides the other written notice of their intent not to automatically extend the term of this Agreement at least thirty (30) days prior to the end of the Initial Term or any Automatic Renewal Term, as applicable (each a “ Non-Renewal Notice ”).

assistant: Employment
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: Should any clause, sentence, paragraph, or Section of this Agreement be judicially declared to be invalid, unenforceable, or void, such decision will not have the effect of invalidating or voiding the remainder of this Agreement, and the parties hereto agree that the part or parts of this Agreement so held to be invalid, unenforceable, or void will be deemed to have been stricken herefrom and the remainder will have the same force and effectiveness as if such part or parts had never been included herein.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 393 U.S. 74 89 S.Ct. 53 21 L.Ed.2d 58 INTERNATIONAL TERMINAL OPERATING CO., Inc.v.N.V. NEDERL. AMERIK STOOMV. MAATS. No. 379. Decided Oct. 21, 1968. Sidney A. Schwartz, for petitioner. Edmund F. Lamb, for respondent. PER CURIAM. 1 The petition for a writ of certiorari is granted. 2 The respondent, a shipowner, sought indemnity from the petitioner, a stevedoring company, for damages the shipowner had paid to an employee of the stevedore who was injured while working aboard the respondent's ship. See Albanese v. N.V. Nederl. Amerik Stoomv. Maats., 382 U.S. 283, 86 S.Ct. 429, 15 L.Ed.2d 327 (1965). A jury found that the stevedoring company had fulfilled its duty of workmanlike service and, accordingly, that no indemnity was due. See Ryan Stevedoring Co. v. Pan-Atlantic S.S. Corp., 350 U.S. 124, 76 S.Ct. 232, 100 L.Ed. 133 (1956). The Court of Appeals reversed this verdict and held, as a matter of law, that the stevedore had not taken reasonable action to avert the injury. 392 F.2d 763 (1968). 3 The cause of the longshoreman's injury was carbon monoxide inhalation that occurred as he and other longshoremen were using gasoline-powered vehicles to move cargo in the ship's lower hold. The shipowner contends that the stevedore's hatch boss acted unreasonably. When longshoremen complained about the lack of ventilation in the hold, the hatch boss informed one of the ship's officers that his men would walk off the job unless the officer turned on the ship's ventilating system. The officer told the men to continue working and promised to activate the ventilating system, which was within the shipowner's exclusive control and which was concededly adequate to ventilate the hold. When, less than 10 minutes later, the hatch boss realized that the ventilating system had not been turned on, he ordered the men from the hold. The injured longshoreman collapsed as he was ascending a ladder to leave. 4 The Court of Appeals said that the hatch boss should have ceased work when he first learned that the ship's ventilating system was not operating, despite the officer's promise to turn on the system. Alternatively, he should have used the stevedore's blowers, which had been left on the pier, to ventilate the hold. The jury, however, in response to a special interrogatory, found that the stevedore had acted reasonably in continuing to work for a brief period in reliance on the officer's promise. We cannot agree with the Court of Appeals that the stevedore acted unreasonably as a matter of law. Under the Seventh Amendment, that issue should have been left to the jury's determination. Any other ruling would be inconsistent with this Court's decision in Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd., 369 U.S. 355, 82 S.Ct. 780, 7 L.Ed.2d 798 (1962). 5 The judgment of the Court of Appeals is reversed. 6 Reversed.

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: This Agreement may be executed in one or more counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument; signature pages may be detached from multiple separate counterparts and attached to a single counterpart so that all signature pages are physically attached to the same document.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “In the case at hand, there exist no duties on the part of the appellant to the appellee, other than those arising from the contract.” I disagree. The jury found that Wal-Mart maliciously withheld the wages of Mr. Coward. This action is extraneous to the contract. See Caplan v. St. Joseph’s Hosp., 188 Cal.App.3d 1193, 233 Cal.Rptr. 901 (Dist. 1 Div. 1, 1987). The issue before the jury was not whether Wal-Mart owed Coward the wages, nor whether they withheld the wages; for certainly both of these factual issues were undisputed. The issue before the jury was whether this withholding was malicious and whether Coward suffered any damage. This is intentional conduct by Wal-Mart and sounds in tort. See M.B.M. Co., Inc. v. Counce, 59 (Tex.App.—Beaumont 1986), aff’d, 730 S.W.2d 649 (Tex.1987) Options: A. recognizing torts of intentional and negligent infliction of emotional distress B. holding that intentional infliction of emotional distress is a personal injury tort C. recognizing the tort of intentional infliction of emotional distress D. recognizing the tort of negligent infliction of emotional trauma in noninjurynondeath cases E. holding that a party claiming negligent infliction of emotional distress cannot recover for emotional disturbance alone

assistant: The best answer is D. recognizing the tort of negligent infliction of emotional trauma in noninjurynondeath cases
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: objected to this argument as improper and moved for a mistrial, which the court denied. On appeal, Mason contends this improper argument violated her motion in limine because it informed the jury of the effect of its answers, it added to the burden already imposed on her by the jury charge’s improper comment on the weight of the evidence, and it required counsel to spend additional time rebutting the improper argument. Therefore, she contends, the trial court erred in denying her motion for mistrial. Again, however, because we do not have a complete reporter’s record, we are unable to review the evidence to determine if the verdict was based on the evidence or on the improper argument. See Wooten v. S. Pac. Transp. Co., 928 S.W.2d 76, 80 (Tex.App.-Houston [14th Dist.] 1995, no pet.) (<HOLDING>). And, because we must presume that the omitted Options: A. holding that appellants failure to have trial proceedings transcribed precluded appellate review of whether trial court gave jury improper instruction B. holding that appellate review is precluded when the error is invited C. holding where challenge was waived that appellate review is precluded D. holding that lack of complete record precluded appellate review of alleged incurable jury argument E. holding that lack of appellate jurisdiction is fundamental error

assistant: The best answer is D. holding that lack of complete record precluded appellate review of alleged incurable jury argument
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by the Borrower of the Loan Documents to which it is a party are within the Borrower’s constitutional or organizational powers and have been duly authorized by all necessary board, organizational, and if required, shareholder, partner or member, action, as the case may be. This Agreement has been duly executed and delivered by the Borrower, and constitutes, and each other Loan Document to which it is a party, when executed and delivered by the Borrower, will constitute, valid and binding obligations of the Borrower, enforceable against it in accordance with their respective terms, except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, or similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: relevant during the state’s case because the defense theory had not been established by that time, but the cross examination of the witnesses during the state’s case made it clear that the defense’s position was that Harmon was in Morse’s motel room with Morse’s permission and in connection with drug dealings between the two. The defense asked Morse about whether he had received drugs from Harmon or had given Harmon collateral for drugs, and whether he had left the door ajar for Harmon. The defense also asked Morse, since he had testified that no co-workers had been in his room drinking, about empty beer bottles police found in his room. Even if it were true, as the majority states in support of its affirmance, that “The judge had no way of knowing that Harmon’s defense would 1989) (<HOLDING>). Alexander v. State, 627 So.2d 35 (Fla. 1st Options: A. holding that when interpreting a statute or regulation courts must read the provisions of the law as a whole and in context B. holding that the trial court must balance the right to counsel of choice against the needs of fairness and the demands of its calendar C. holding that the state as well as the defendant has a right to rely on compliance with rule 16 D. holding that the rule of completeness generally allows admission of the balance of the conversation as well as other related conversations that in fairness are necessary for the jury to accurately perceive the whole context of what has transpired E. recognizing that provisions of the colorado constitution should be construed in the context of the constitution as a whole

assistant: The best answer is D. holding that the rule of completeness generally allows admission of the balance of the conversation as well as other related conversations that in fairness are necessary for the jury to accurately perceive the whole context of what has transpired
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: authority: The Supremacy Clause of Art. VI of the Constitution provides Congress with the power to pre-empt state law. Pre-emption occurs when Congress, in enacting a federal statute, expresses a clear intent to preempt state law, when there is outright or actual conflict between federal and state law, where compliance with both federal and state law is in effect physically impossible, where there is implicit in federal law a barrier to state regulation, where Congress has legislated comprehensively, thus occupying an entire field of regulation and leaving no room for the States to supplement federal law, or where the state law stands as an obstacle to the accomplishment and execution of the full objectives of Congress. Louisiana Pub. Serv. Comm’n v. upp. 385, 387-388 (E.D.Tenn. 1988) (<HOLDING>); Chesapeake & O. Ry. v. City of Bridgman, 669 Options: A. holding the frsa preemption exception did not cover regulation by municipal ordinance B. holding that frsa and regulation did not preclude plaintiffs fela ballast claims C. holding that a party did not waive its preemption defense where its answer did not specifically mention preemption but contained a broader defense that was capable of encompassing preemption D. holding that municipal ordinance was preempted by frsa and void under supremacy clause E. holding removal and preemption are distinct concepts erisa preemption does not allow removal unless complete preemption exists

assistant: The best answer is A. holding the frsa preemption exception did not cover regulation by municipal ordinance
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 Parties agree that it shall be conclusively presumed that, unless otherwise explicitly stated, each voting member of each Joint Committee and subcommittee has the authority and approval of such member’s respective senior management in casting his or her vote. Each Joint Committee and subcommittee shall each have only the powers expressly assigned to it in this ARTICLE 2 or elsewhere in this Agreement, and shall not have any power to amend, modify or waive compliance with this Agreement. Notwithstanding anything else contained herein to the contrary, except as expressly provided in this Agreement with respect to the Deadlocked Committee Matters, no matter, decision, or action of the Parties shall require the agreement, approval or consent of a Joint Committee or any subcommittee thereof.

assistant: Authority
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 Executive commits a breach of, or is about to commit a breach of, any of the provisions in this Section 7, the Company shall have the right to have such provisions specifically enforced by any court having equity jurisdiction without being required to post bond or other security and without having to prove the inadequacy of the available remedies at law, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to the Company and that money damages will not provide an adequate remedy to the Company. In addition, the Company may take all such other actions and remedies available to it under law or in equity and shall be entitled to such damages as it can show it has sustained by reason of such breach.

assistant: Enforcements
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: to support Ms. Jenkins’ conviction. The event that precipitated the March 27 encounter was apparently Ms. Jenkins’ belief (whether or not correct) that Ms. Hunter was responsible for the slashing of the tires of the car that Ms. Jenkins had borrowed from Ms. Bowlding. It is not unreasonable for someone in Ms. Jenkins’ situation to be upset and angry and to want to confront Ms. Hunter about the tires (and, for that matter, about the unpaid debt). Ms. Jenkins had the right to seek to have a conversation with Ms. Hunter^ — even an angry conversation — and we must be careful not to permit a statute that prohibits threats to be applied in a manner that limits First Amendment rights. See generally Watts v. United States, 394 U.S. 705, 707-08, 89 S.Ct. 1399, 22 L.Ed.2d 664 (1969) (per curiam) (<HOLDING>). In this case, “open the door” or “come out” Options: A. holding that a hypothetical rhetorical threat against the president in the context of a political protest was constitutionally protected B. holding that imputed political opinion is a protected ground C. holding that with the commands of the first amendment clearly in mind a comment that the first man i want to get in my sights is lbj was political hyperbole which did not constitute a willful threat against the president D. holding that what is a threat must be distinguished from what is constitutionally protected speech E. holding that false statements are constitutionally protected

assistant: The best answer is A. holding that a hypothetical rhetorical threat against the president in the context of a political protest was constitutionally protected
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: appeal’ ” (emphasis and alterations in original)). Taken together, these opinions provide the Court with somewhat conflicting guidance as to whether either the filing date or the final judgment date or both count towards the limitations period. And in the context of this case, the discussion is much more than academic — indeed, it is potentially outcome determinative — because, as discussed below, the Petition is timely only if the Court excludes both the Coram No-bis Petition filing day and both final judgment days. Petitioner’s conviction became final on May 19, 2005, ninety days after the Court of Appeals denied Petitioner’s request for leave to appeal the Appellate Division’s denial of his direct appeal on February 18, 2005. See Valverde v. Stinson, 224 F.3d 129, 132 (2d Cir.2000) (<HOLDING>). However, because Direct Appellate Counsel Options: A. holding that a conviction became final when the ninetyday period to seek direct review from the supreme court by way of certiorari expired B. holding that a state court criminal judgment is final for purposes of collateral attack in federal court at the conclusion of review in the united states supreme court or when the time for seeking certiorari review expires C. holding that the supreme court has final appellate review of agency decisions D. recognizing that where a state prisoner declines to pursue certiorari in the united states supreme court that petitioners conviction is not final until after the time for filing a petition for certiorari with the supreme court has passed E. holding that the limitations period is likewise not tolled during the pendency of a certiorari petition to the supreme court

assistant: The best answer is A. holding that a conviction became final when the ninetyday period to seek direct review from the supreme court by way of certiorari expired
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 Parties shall hold in confidence the information contained in this Agreement, and all information related to this Agreement, which is not otherwise known to the public, shall be held by each Party as confidential and proprietary information and shall not be disclosed without the prior written consent of the other Party. Accordingly, the Parties shall not discuss with, or provide nonpublic information to, any Third Party (as defined in the Joint Development Agreement) (except for such Party’s or its Affiliates’ respective directors, officers, employees, attorneys, accountants and other consultants and professional advisors) concerning this Agreement, except: (a) as required in filings with any governmental authority or any judicial, administrative or arbitration proceedings as determined by such Party’s legal counsel; or (b) pursuant to public announcements made with the prior written approval of the Parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice or other communication given pursuant to this Agreement shall be in writing and shall be personally delivered or mailed by United States registered or certified mail, postage prepaid, return receipt requested, to the Company at its principal place of business or to the Grantee at the address on the Company’s records or, in either case, at such other address as one party may subsequently furnish to the other party in writing. Additionally, if such notice or communication is by the Company to the Grantee, the Company may provide such notice electronically (including via email). Any such notice shall be deemed to have been given (a) on the date of postmark, in the case of notice by mail, or (b) on the date of delivery, if delivered in person or electronically.

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 legal provision and list the applicable contract clause categories. Provision: Neither the Purchaser nor its Affiliates or any of their respective 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 Purchaser, in connection with this Agreement or the transactions contemplated hereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The loans made pursuant to the Incremental Term Loan B Facility (the “ Incremental Term Loans ”) may only be incurred on the Closing Date and the proceeds thereof shall be utilized, together with the proceeds of the Senior Subordinated Notes, the Securities or the Senior Subordinated Bridge Facility, as applicable, solely (i) to finance, in part, the Acquisition and the Refinancing and to pay the fees, premiums, expenses and other transaction costs in connection with the Transactions, including OID and upfront fees and (ii) to the extent any portion of the Incremental Term Loan B Credit Facility remains available following application of proceeds pursuant to preceding clause (i), for general corporate purposes.

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 case excerpt and choose the best holding from the options. Case excerpt: clear that the standard of consumer mark recognition required for a trademark-dilution claim is much more stringent — meaning truly na tional, widespread recognition — than that required for a likelihood-of-confusion analysis in a trademark-infringement claim. 12 Eva’s Bridal, 639 F3d at 789 (citation omitted) (second alteration in original). 13 See, for example, Detroit Creamery Co v Velvet Brand Ice Cream Co, 187 Mich 312, 316; 153 NW 664 (1915) (“It has been universally held that a trade-mark, as such cannot be assigned separately and distinct from the property to which it has been attached, and likewise the rule has been laid down that a naked license to use a trade-mark is of no more validity than an assignment thereof.”); Broeg v Duchaine, 319 Mass 711, 713; 67 NE2d 466 (1946) (<HOLDING>); 3 McCarthy, Trademarks & Unfair Competition Options: A. holding that proof of unauthorized use of an original trademark by one whose license to use the trademark had been terminated is sufficient to establish the likelihood of confusion prong B. holding limited use of a mark did not constitute prior use in commerce sufficient to establish rights in the mark C. holding under common law of trademark that one who has developed a trade mark as a guaranty of the quality of his merchandise should not he permitted to license its use apart from his business to those who may sell an inferior product D. holding that the lack of a confidentiality agreement does not necessarily defeat an argument that information is a trade secret because where an employee acquires during the course of his employment a special technique or process developed by his employer he is under a duty not to use it to the detriment of his employer E. holding that the essential wrong of trademark infringement the appropriation of the good will of anothers established mark may be effectively accomplished by advertising matter associating that others distinguishing mark with the product of defendant

assistant: The best answer is C. holding under common law of trademark that one who has developed a trade mark as a guaranty of the quality of his merchandise should not he permitted to license its use apart from his business to those who may sell an inferior product
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: • interfere with , or attempt to interfere with , the access of any user , host or network , including , without limitation , sending a virus , overloading , flooding , spamming , or mail-bombing the site or services ;

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 any provision of this Agreement or the other Loan Documents is held to be illegal, invalid or unenforceable, (a) the legality, validity and enforceability of the remaining provisions of this Agreement and the other Loan Documents shall not be affected or impaired thereby and (b) the parties shall endeavor in good faith negotiations to replace the illegal, invalid or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the illegal, invalid or unenforceable provisions. The invalidity of a provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without limiting the foregoing provisions of this Section 10.12 , if and to the extent that the enforceability of any provisions in this Agreement relating to Defaulting Lenders shall be limited by Debtor Relief Laws, as determined in good faith by the Administrative Agent, then such provisions shall be deemed to be in effect only to the extent not so limited.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: any hardcopy subscription order entered into between you and crowdtangle prior to january 11 , 2017 will continue , in accordance with its terms , subject to the following two sentences .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each related Mortgaged Property is, and is required pursuant to the related Purchased Loan Documents to be, insured by a property insurance policy providing coverage for loss in accordance with coverage found under a “special cause of loss form” or “all risk form” that includes replacement cost valuation issued by an insurer meeting the requirements of the related Purchased Loan Documents and having a claims-paying or financial strength rating meeting the Insurance Rating Requirements (as defined below), in an amount (subject to a customary deductible) not less than the lesser of (1) the original principal balance of the Purchased Loan and (2) the full insurable value on a replacement cost basis of the improvements, furniture, furnishings, fixtures and equipment owned by the Mortgagor and included in the Mortgaged Property (with no deduction for physical depreciation), but, in any event, not less than the amount necessary or containing such endorsements as are necessary to avoid the operation of any coinsurance provisions with respect to the related Mortgaged Property.

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 legal provision and list the applicable contract clause categories. Provision: A Participant’s Base Salary Election must be made on or before the last day of the Plan Year immediately preceding the Plan Year for which he desires to participate, and it will be effective beginning with the paycheck for the first regular payroll period that begins during such Plan Year. Except as otherwise provided in Section 3.5, a Participant’s Base Salary Election will remain in effect through the paycheck for the last payroll period beginning during the Plan Year. A Participant must make a separate Base Salary Election with respect to each Plan Year.

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: During the Term, the Executive shall be employed by the Company as its Chief Executive Officer and shall serve the Company faithfully and to the best of the Executive’s ability. The Executive shall devote the Executive’s full business time, attention, skill and efforts to the performance of the duties required by or appropriate for the Executive’s position with the Company. The Executive shall report to the Board of Directors of the Company (the “Board”) and shall perform such duties commensurate with the Executive’s office as contained in the bylaws of the Company or as the Executive shall reasonably be directed by the Board. The Executive shall perform such services at the Company’s headquarters and the Executive shall engage in such reasonable business travel as may be required to perform the Executive’s duties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As used in this Agreement, any reference to “Praxair” shall include its predecessors and successors and, in their capacities as such, all of its present, past, and future directors, officers, employees, representatives, attorneys, insurers, reinsurers, agents and assigns, as well as its parents, affiliates, divisions and subsidiaries, and any reference to Employee shall include, in their capacities as such, his heirs, administrators, representatives, attorneys, agents, and assigns.

assistant: Definitions
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: Tenant shall keep the terms and conditions of this Lease and any information provided to Tenant or its employees, agents or contractors pursuant to Article 9 confidential and shall not (a) disclose to any third party any material financial terms of this Lease or any other Lease-related document (including subleases, assignments, work letters, construction contracts, letters of credit, subordination agreements, non-disturbance agreements, brokerage agreements or estoppels) or (b) provide to any third party an original or copy of this Lease (or any Lease-related document). Landlord shall not release to any third party any non- public financial information or non-public information about Tenant’s ownership structure that Tenant gives Landlord. Notwithstanding the foregoing, confidential information under this Section may be released by Landlord or Tenant under the following circumstances: (x) if required by Applicable Laws or in any judicial proceeding; provided that the releasing party has given the other party reasonable notice of such requirement, if feasible, (y) to a party’s attorneys, accountants, brokers and other bona fide consultants or advisers (with respect to this Lease only ); provided such third parties agree to be bound by this Section or (z) to bona fide prospective assignees or subtenants of this Lease; provided they agree in writing to be bound by this Section.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: will not be able to produce evidence sufficient to allow the trier-of-fact to find the existence of any one of the claimant’s required proof elements; or (3) that there is no genuine dispute as to the existence of each of the facts necessary to support the movant’s properly pleaded affirmative defense. Williams v. Mo. Highway & Transp. Comm’n, 16 S.W.3d 605, 610 (Mo.App.2000). Regardless of which of these three means is employed by the defending party, each establishes a right to judgment as a matter of law. Id. In this case, the respondents employed the third means, alleging facts in their motion, which they contend established the affirmative defenses of the running of the statute of limitations and laches. See Yahne v. Pettis County Sheriff Dep’t, 73 S.W.3d 717, 719 (Mo.App.2002) (<HOLDING>); Ewing v. Ewing, 901 S.W.2d 330, 334 Options: A. holding that the running of the statute of limitations is an affirmative defense B. holding that fair use is an affirmative defense C. holding that complaint need not anticipate statute of limitations which is an affirmative defense D. holding that a timely petition for administrative review stops the running of the statute of limitations E. holding that the statute of limitations in a criminal case is a nonjurisdictional affirmative defense that is waived if not raised in the trial court

assistant: The best answer is A. holding that the running of the statute of limitations is an affirmative defense
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Pursuant to the Agreement to which this Exhibit B is annexed, Company may be disclosing to Independent Contractor certain confidential business plans, development plans, reports, financial information, design documents, specifications, programmer notes, software (its own and/or third party), and/or other information, whether or not so identified (together with any notes, analyses, compilations, studies, or other documents that are based upon, contain, or otherwise reflect such information, the "Confidential Information," which shall include this Agreement).

assistant: No