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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 358 U.S. 55 79 S.Ct. 114 3 L.Ed.2d 48 W O R Z., Inc., petitioner,v.FEDERAL COMMUNICATIONS COMMISSION. No. 349. Supreme Court of the United States October 27, 1958 Mr. Eliot C. Lovett, for petitioner. Solicitor General Rankin, Assistant Attorney General Hansen, Messrs. Charles H. Weston, John L. Fitzgerald and Richard A. Solomon, for Federal Communications Commission. On petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. PER CURIAM. 1 The petition for writ of certiorari is granted. In view of the representations in the Solicitor General's brief on pages 4 and 5, concerning testimony given before the Subcommittee on Legislative Oversight of the House Committee on Interstate and Foreign Commerce subsequent to the decision by the Court of Appeals in this case, the judgment of the Court of Appeals is vacated and the case is remanded to the Court of Appeals for such action as it may deem appropriate. 2 Mr. Justice CLARK and Mr. Justice HARLAN dissent. The matters referred to by the Court were not presented in the Court of Appeals and are not presented by this petition. Agreeing with the Solicitor General that denial of the petition for writ of certiorari would not foreclose appropriate consideration thereof by the Court of Appeals, we see no reason for vacating the Court of Appeals' judgment and, therefore, dissent from this disposition of the matter by the Court.

assistant: 8
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: brother’s alleged harassment of Defendant’s witnesses occurred in the interim. As a result, in order to properly impeach Plaintiff, Defendant should have recalled Plaintiff to ask her about the alleged harassment prior to questioning Kini or requesting permission to recall Boone. Because Defendant did not follow this procedure, Boone’s and Kini’s testimonies were not admissible as extrinsic evidence to impeach Plaintiff. See HRE Rule 609.1(b). Moreover, although the court might have determined that such evidence was relevant to Plaintiffs credibility, we believe the court could have also properly determined that such collateral matters would lead to “undue delay [or a] waste of time.” See HRE Rule 403; cf. State v. Zukevick, 84 Hawaii 203, 208 n. 5, 932 P.2d 340, 345 n. 5 (App.1997) (<HOLDING>). Thus, excluding the evidence under these Options: A. holding eyewitnesss statement made an hour after the crime properly admitted as excited utterance based on magnitude of crime and officers testimony that witness was excited and upset when making the statement B. holding trial courts allowance of testimony under the present sense impression exception if error was harmless because statement was admissible under excited utterance exception C. holding statement made twentythree minutes after event admissible as a present sense impression D. recognizing statement could be admissible as an excited utterance and still constitute a testimonial statement for purposes of a confrontation clause analysis E. holding that under certain circumstances statements on a 911 tape may be admissible as a present sense impression

assistant: The best answer is B. holding trial courts allowance of testimony under the present sense impression exception if error was harmless because statement was admissible under excited utterance exception
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done, all things necessary to preserve and keep in full force and effect its existence and its material rights, franchises, licenses, permits, copyrights, trademarks and patents; provided, however, that nothing in this Section 7.4 shall prevent (i) sales of assets and other transactions by the Borrower or any of its Subsidiaries in accordance with Section 8.2 or (ii) the withdrawal by the Borrower or any of its Subsidiaries of its qualification as a foreign Company in any jurisdiction if such withdrawal could not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: interstate highways used as conduits by traffickers of illegal drugs. Preliminarily, such arguments would appear to be better framed under the Equal Protection or Due Process Clauses, or addressed to our supervisory powers, than asserted as a basis for a modified construct for determining whether a seizure has occurred in the first instance, or the voluntariness of consent. As important, courts are ill-suited to render pronouncements concerning such claims absent a full evidentiary record. While counsel’s assertions, if proven, would certainly merit this Court's attention, as counsel acknowledged, the assertion of such discriminatory conduct finds no support in the record of any of the consolidated cases. Cf. generally State v. Soto, 324 N J.Super. 66, 734 A.2d 350, 360-61 (1996)(<HOLDING>). NIGRO, Justice, dissenting. I respectfully Options: A. holding the exclusion did not violate the equal protection clause of the wyoming constitution or the fourteenth amendment to the united states constitution B. holding that the constitutional rights in a termination proceeding are derived from the due process clause of the fourteenth amendment of the united states constitution and not the sixth amendment C. holding that neither the equal protection and due process clauses of the fourteenth amendment nor article i 2 of the constitution guarantee against errors in the administration of an election D. holding that unrebutted statistical evidence of disproportionate traffic stops involving africanamerican drivers established selective enforcement violating the equal protection and due process clauses of the fourteenth amendment to the united states constitution E. holding that due process and equal protection clauses of fourteenth amendment are not confined to protection of citizens rather they apply to all persons within the territorial jurisdiction

assistant: The best answer is D. holding that unrebutted statistical evidence of disproportionate traffic stops involving africanamerican drivers established selective enforcement violating the equal protection and due process clauses of the fourteenth amendment to the united states constitution
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 Award Notice can be amended at any time in a writing signed by you and the Company; provided, however, the Company may amend this Award Notice without your written or electronic consent if the amendment is not adverse to your rights under this Award Notice or the Plan. Section 8 below can only be amended by a written agreement signed by you and the Company.

assistant: Modifications
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 laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Lease. If any provision of this Lease should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Lease shall not be affected thereby.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: oculus , oculus vr , rift and the oculus logo ( `` oculus marks '' ) are trademarks or registered trademarks of oculus vr , llc .

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: This Agreement will be binding upon and inure to the benefit of the successors and assigns of the Company, and the Company shall be obligated to require any successor to expressly acknowledge and assume its obligations under this Agreement. This Agreement will inure to the extent provided under this Agreement to the benefit of and be enforceable by the Executive or the Executive's legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees. The Executive may not delegate any of the Executive's duties, responsibilities, obligations or positions under this Agreement to any person and any such purported delegation will be void and of no force and effect.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you own your content , which includes the photos or videos that you share in connection with our app and your mask content that you make available in accordance with our mask provider terms , which are incorporated into these terms by this reference .

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: added). The important and relevant part of the standard established by the Second Circuit was that it allowed scienter to be shown in two different ways: (1) by alleging facts “establishing a motive to commit fraud and an opportunity to do so,” or (2) by alleging facts “constituting circumstantial evidence of either reckless or conscious behavior.” In re Time Warner, 9 F.3d at 269; see also Shields v. Citytrust Bancorp, Inc., 25 F.3d 1124 (2d Cir.1994). There is currently a split among the circuits as to what the appropriate pleading standard is under the PSLRA and whether it mirrors the preexisting Second Circuit standard. Compare Silicon Graphics Inc. Sec. Litig., 183 F.3d 970 (9th Cir.1999) and Bryant v. Avado Brands, Inc., 187 F.3d 1271, 1999 WL 688050 (11th Cir. Sept.3, 1999) (<HOLDING>) with Press v. Chem. Inv. Serv. Corp., 166 F.3d Options: A. holding that the pslra imposes a more rigorous pleading standard than applied by any of the courts of appeals prior to the enactment of the statute B. holding that congress intended to adopt a standard more stringent than the prepslra second circuit standard C. holding that allegations of motive and opportunity were not enough to create a strong inference of scienter D. recognizing that the federal pleading standard is a less stringent standard than the delaware pleading standard E. holding the pslra standard for pleading scienter is more stringent than the second circuits standard prior to the act and that motive and opportunity is not an independent basis to show defendants had scienter

assistant: The best answer is E. holding the pslra standard for pleading scienter is more stringent than the second circuits standard prior to the act and that motive and opportunity is not an independent basis to show defendants had scienter
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: while we 're not required to do so , we may access , review , screen , and delete your content at any time and for any reason , including if we think your content violates these terms .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Participant agrees that he or she shall not make or publish any statement (orally or in writing) that becomes or reasonably could be expected to become publicly known or otherwise impact the Company’s business, or instigate, assist or participate in the making or publication of any such statement, which would libel, slander or disparage (whether or not such disparagement legally constitutes libel or slander) the Company or its officers, directors and employees, or any person affiliated with the Company, or the reputations of any of its past or present stockholders, officers, directors, agents, representatives and employees unless compelled to do so by valid subpoena or other court order, and in such case only after first notifying the Company in advance of such subpoena or court order.

assistant: Non-Disparagement
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: by submitting any course contributor material , you grant us a fully paid up , royalty-free , perpetual , sublicensable license to reproduce , display , perform , modify , create derivative works of , distribute and otherwise use such course contributor material in any manner .

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: Except as otherwise expressly set forth herein, this Agreement and the exhibits hereto embody the complete agreement and understanding between the parties and supersede and preempt any prior understandings, agreements or representations by or between the parties, written or oral, which may have related to the subject matter hereof in any way.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a). Authority of the Representative. Any action by the Initial Purchasers hereunder may be taken by J.P. Morgan Securities LLC on behalf of the Initial Purchasers, and any such action taken by J.P. Morgan Securities LLC shall be binding upon the Initial Purchasers.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this Agreement and the other Transaction Documents by the Company and the consummation by the Company of the transactions contemplated hereby and thereby, including, without limitation, the issuance of the Put Shares, Commitment Note, and the Underlying Shares, do not and will not: (a) result in a violation of the Company’s or any Subsidiary’s certificate or articles of incorporation, by-laws or other organizational or charter documents, (b) conflict with, or constitute a material default (or an event that with notice or lapse of time or both would become a material default) under, result in the creation of any Lien upon any of the properties or assets of the Company or any Subsidiary, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture, instrument or any “lock-up” or similar provision of any underwriting or similar agreement to which the Company or any Subsidiary is a party, or (c) result in a violation of any federal, state or local law, rule, regulation, order, judgment or decree (including federal and state securities laws and regulations) applicable to the Company or any Subsidiary or by which any property or asset of the Company or any Subsidiary is bound or affected (except for such conflicts, defaults, terminations, amendments, accelerations, cancellations and violations as would not, individually or in the aggregate, have a Material Adverse Effect) nor is the Company otherwise in violation of, conflict with or in default under any of the foregoing. The business of the Company is not being conducted in violation of any law, ordinance or regulation of any governmental entity, except for possible violations that either singly or in the aggregate do not and will not have a Material Adverse Effect. The Company is not required under federal, state or local law, rule or regulation to obtain any consent, authorization or order of, or make any filing or registration with, any court or governmental agency in order for it to execute, deliver or perform any of its obligations under this Agreement or the other Transaction Documents (other than any SEC, FINRA or state securities filings that may be required to be made by the Company subsequent to any Closing or any registration statement that may be filed pursuant hereto); provided that, for purposes of the representation made in this sentence, the Company is assuming and relying upon the accuracy of the relevant representations and agreements of Investor herein.

assistant: No Conflicts
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 LLC shall keep, or cause to be kept, appropriate books and records with respect to the LLC’s affairs, including all books and records necessary to provide any information, lists, and copies of documents required to be provided pursuant to Section 8.3 or pursuant to applicable laws. All matters concerning ( i ) the determination of the relative amount of allocations and distributions among the Unitholders pursuant to Articles III and IV and ( ii ) accounting procedures and determinations, and other determinations not specifically and expressly provided for by the terms of this Agreement, shall be determined by the Board (subject to Section 5.1(b)(iv) ), whose determination shall be final and conclusive as to all of the Unitholders absent manifest clerical error.

assistant: Records
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: relied upon does not support a removal.” Id. To establish an affirmative defense of disability discrimination due to alcoholism, an appellant must show (1) “he suffers from an addiction,” and (2) “that the addiction caused the misconduct.” Avant v. Dep’t of the Navy, 60 M.S.P.R. 467, 476 (1994). The AJ determined. Mr. Wyrick did not provide any evidence regarding his alcohol addiction or any treatment and that, even if he had, mitigation due to alcoholism is “outweighed by the seriousness of the offenses in relation to [Mr. Wyrick’s] position, his prior disciplinary record, and the fact that there is no reason to conclude that [Mr. Wyrick’s] failure to be fully truthful was caused by his use of alcohol.” Resp’t’s App. 42; see Huettner v. Dep’t of the Army, 54 M.S.P.R. 472, 475 (1992) (<HOLDING>). “It is a well-established rule of civil Options: A. holding a defense of alcoholism was outweighed by the seriousness of the offense and the appellants prior disciplinary record B. holding that counsel was not ineffective in failing to request a charge on the lesserincluded offense when the evidence showed either the commission of the completed offense as charged or the commission of no offense such that the defendant was not entitled to a charge on the lesser offense C. holding that argument regarding victim of prior offense was improper D. holding that courts must look to objective indications of the seriousness with which society regards the offense E. holding military judge did not err by considering appellants admissions concerning the elements of the lesserincluded offense of aggravated assault in determining appellant was guilty of the greater offense of attempted premeditated murder

assistant: The best answer is A. holding a defense of alcoholism was outweighed by the seriousness of the offense and the appellants prior disciplinary record
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Worthy, 915 F.2d 1514, 1516 (11th Cir.1990). We are persuaded by the plain language of § 3E1.1 to follow the Fifth Circuit’s decision in United States v. Valencia, 957 F.2d 153 (5th Cir.1992), and hold that § 3E1.1 does not provide for such a reduction. In Valencia, the district court expressly found that the defendant had partially accepted responsibility and, therefore, was entitled to a one-point reduction, rather than the two-point reduction provided for in § 3El.l(a). The Fifth Circuit reversed, holding that “U.S.S.G. § 3E1.1 does not contemplate either a defendant’s mere partial acceptance of responsibility or a district court’s being halfway convinced that a defendant accepted responsibility.” Id. at 156; see also United States v. Farrier, 948 F.2d 1125, 1127 (9th Cir.1991) (<HOLDING>). We agree with the Fifth Circuit’s reasoning Options: A. holding reduction of sentence under 3582c2 based on amendment not listed in 1b110c is not authorized B. holding that the guidelines do not provide for an acceptance of responsibility reduction other than by two levels therefore reversing fourlevel reduction C. holding that a defendant is not eligible for a sentence reduction under section 3582c2 when the application of that amendment does not result in a lower sentencing range D. holding that the limitations on the degree of a sentence reduction under 3582c2 are mandatory E. holding that freeman is inapplicable to defendants sentenced under 4b11 seeking a sentence reduction based on amendments to the guidelines for crack cocaine offenses

assistant: The best answer is B. holding that the guidelines do not provide for an acceptance of responsibility reduction other than by two levels therefore reversing fourlevel reduction
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: against using other discovery methods to identify witnesses and depose them. In re Markle, 174 W.Va. at 557, 328 S.E.2d at 163 (1984). Rule 26(b)(1) of the West Virginia Rules of Civil Procedure is identical to its federal counterpart. Pursuant to Rule 26(b)(1), W.V.R.C.P., a party is entitled to discover “the identity and location of persons having knowledge of any discoverable matter.” As Professor Moore recognizes in his treatise, “Rule [26(b)(1) ] has ... been applied to permit inquiry of the names and addresses of persons from whom the interrogated party has obtained statements or otherwise interviewed in the course of trial preparation.” 4 Moore’s Federal Practice P 26.57[1], at 26-163 (1980 ed.). See also Ballard v. Allegheny Airlines, Inc., 54 F.R.D. 67, 69 (E.D.Pa.1972) (<HOLDING>); Kelleher v. Omark Indus., Inc., 20 Options: A. holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law B. holding information sought by interrogatories asking whether any witnesses gave defendant a statement to be precisely the type of discovery sanctioned by rule 26bls provision for discovery of the identity and location of person having knowledge of any discoverable matter C. recognizing applicability of discovery rule D. holding that plaintiffs right to argue a need for discovery prior to the entry of summary judgment was preserved since plaintiff moved to vacate summary judgment ten days later and included precisely the discovery needed and not generalized statements of necessary discovery E. holding that rejection of the appellants rule 56f request for additional discovery was proper where the information as to which he sought discovery was immaterial to the question of whether he is liable

assistant: The best answer is B. holding information sought by interrogatories asking whether any witnesses gave defendant a statement to be precisely the type of discovery sanctioned by rule 26bls provision for discovery of the identity and location of person having knowledge of any discoverable matter
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: had singled him out and continued to retaliate against him.” (Id. at ¶ 34). Thus, by his own admission, the plaintiff knew as early as January, 1999 (if not before) that Biogen was in fact “singling him out” and that Biogen was, according to the plaintiff, retaliating against him be cause he had previously filed an internal complaint about discrimination. The plaintiff knew, or at least should have known, that he was being discriminated against as of January, 1999 at the latest. He had the wherewithal to write a letter to Biogen complaining of the discrimination and retaliation in January, 1999 and could therefore have filed his charge with the EEOC at that time or within a short time thereafter but manifestly well within a 300 day time frame. See Sabree, supra, 921 F.2d at 401-02 (<HOLDING>). Moreover, as previously stated, all of the Options: A. recognizing that dismissal is required if a plaintiff has had fair opportunity to make his case but has failed B. holding that prior to engaging in custodial interrogation police must warn a suspect that he has a right to remain silent that any statement he does make may be used as evidence against him and that he has a right to the presence of an attorney either retained or appointed C. holding that when plaintiff has proven injury but has failed to prove the amount of damages the plaintiff is only entitled to nominal damages D. holding that the ada plaintiff was unable to perform essential functions of job when the plaintiffs psychotherapist had told the employer that the plaintiff was unable to work in any position when the plaintiff did not disagree with that point and when the plaintiff in response to a request for admission conceded that she was no longer able to work E. holding that a knowing plaintiff has an obligation to file promptly or lose his claim as distinguished from a plaintiff who is unable to appreciate that he is being discriminated against until he has lived through a series of acts and is thereby able to perceive the overall discriminatory pattern

assistant: The best answer is E. holding that a knowing plaintiff has an obligation to file promptly or lose his claim as distinguished from a plaintiff who is unable to appreciate that he is being discriminated against until he has lived through a series of acts and is thereby able to perceive the overall discriminatory pattern
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: When RTC withdrew funds from the annuity contracts to satisfy the defaulted loan, the Armstrongs did not pursue any legal action to assert that the assignment was not valid. In fact, the record is devoid of evidence that the Armstrongs ever asked a court to consider the assignment unenforceable until now, in this collateral tax proceeding. They claim that they have consistently argued that the as signment was invalid by way of telephone calls to bank representatives, meetings with congressmen, and other informal methods. Assuming the truth of these assertions, we find it puzzling that the Armstrongs could believe the assignments were invalid for over a decade, yet take no action to reform the contract or seek judicial clarification, see, e.g., Ell v. Ell, 295 N.W.2d 143, 150 (N.D.1980) (<HOLDING>); N.D. Cent. Code § 32-04-17 (permitting North Options: A. holding that both the lack of mutual assent and the indefiniteness of contract terms negate the existence of a contract B. holding that a mistake of law is not a basis to rescind a contract C. holding that mutual mistake is ground for reformation when as here the minds of the parties have met contractually but because of a mutual mistake the written contract between the parties is wanting in expression or execution to evince the actual and binding contractual intent of the parties D. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract E. holding judicial reformation of contract is an appropriate remedy when the contract was the product of a mutual mistake

assistant: The best answer is E. holding judicial reformation of contract is an appropriate remedy when the contract was the product of a mutual mistake
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In consideration of the amendments contained herein, each of the Borrower and REIT Guarantor hereby waives and releases the Lenders, the Administrative Agent and the Issuing Bank from any and all claims and defenses, known or unknown, existing on the date hereof with respect to the Credit Agreement and the other Loan Documents and the transactions contemplated thereby (collectively, the “Claims”); provided , however , the Claims shall not include any claims or defenses that are determined by a court of competent jurisdiction by a final and nonappealable judgment to have resulted from the gross negligence, willful misconduct or bad faith of any Lender, the Administrative Agent or the Issuing Bank.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THE BORROWER AND THE LENDER ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL ONE, BUT THAT IT MAY BE WAIVED. EACH PARTY, AFTER CONSULTING (OR HAVING HAD THE OPPORTUNITY TO CONSULT) WITH COUNSEL OF THEIR CHOICE, KNOWINGLY AND VOLUNTARILY, AND FOR THEIR MUTUAL BENEFIT, WAIVES ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION REGARDING THE PERFORMANCE OR ENFORCEMENT OF, OR IN ANY WAY RELATED TO, THIS AGREEMENT OR THE LOAN.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: be accepted as substitutes for such record; and docket entries, affidavits, and other like evidence can neither change nor enlarge judgments or orders as entered in the minutes of the court. Hamilton v. Empire Gas & Fuel Co., 134 Tex. 377, 110 S.W.2d 561, 566 (1937). “|T]he judge’s notes are for his own convenience and that of the clerk making the entries, and form no part of the record.” Stark v. Miller, 63 Tex. 164, 165 (1885); see also, e.g., Emerald Oaks Hotel/Conference Center, Inc. v. Zardenetta, 776 S.W.2d 577, 578 (Tex.1989, orig. proceeding) (“A trial court’s oral pronouncement and docket entry reinstating a cause is not an acceptable substitute for the written order required by [Tex.R.Civ.P. 165a(3) ].”); Clark & Co. v. Giles, 639 S.W.2d 449, 450 (Tex.1982, orig. proceeding) (<HOLDING>); McCormack v. Guillot, 597 S.W.2d 345, 346 Options: A. holding that oral pronouncement and docket entry granting motion for new trial could not substitute for the written order required by texrcivp 329b since amended B. holding that written judgment controlled over oral pronouncement C. holding that the trial courts oral pronouncement must conform to the written judgment D. holding that in cases of direct conflict between a courts oral pronouncement of sentence and the written judgment the oral pronouncement controls E. holding that oral pronouncement prevailed over the written order

assistant: The best answer is A. holding that oral pronouncement and docket entry granting motion for new trial could not substitute for the written order required by texrcivp 329b since amended
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 his pleadings, Ordonez alleged that Johnson had been negligent per se based on his failure to maintain an assured clear distance between the two vehicles as required by statute. At the close of Ordo-nez’s case, McCurdy moved for a directed verdict on that claim, alleging that Ordonez failed to present any evidence supporting a finding of negligence per se. The trial court entered a directed verdict on Ordonez’s negligence per se claims. At the charge conference, Ordonez requested an instruction on the negligence per se issue, which the trial court refused. To survive a directed verdict, it is axiomatic that a party must state a theory of recovery recognized at law. See Group Hosp. Servs. Inc. v. One & Two Brookriver Center, 704 S.W.2d 886, 888-89 (Tex.App.— Dallas 1986, no writ) (<HOLDING>). The trial court must submit jury instructions Options: A. holding that trial court properly granted directed verdict when plaintiffs allegations were insufficient to state cause of action under the dtp a B. holding that similar allegations were insufficient to state a due process claim C. holding that the trial court erred in granting the school boards posttrial motion for directed verdict because although the school board timely moved for a directed verdict during trial it did not serve its motion for directed verdict until the eleventh day after the verdict D. holding insufficient the plaintiffs generic allegations E. recognizing that a motion for directed verdict should be granted when there is no reasonable evidence upon which a jury could legally predicate a verdict in favor of the nonmoving party

assistant: The best answer is A. holding that trial court properly granted directed verdict when plaintiffs allegations were insufficient to state cause of action under the dtp a
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: functions to administrative agencies.”); see generally 1 Davis & Pierce, supra, § 2.8, at 90-91 (discussing policy reasons for permitting delegation of adjudicatory functions). The Supreme Court has upheld statutory delegations of adjudicatory power to agencies on numerous occasions. See, e.g., Sunshine Anthracite Coal Co. v. Adkins, 310 U.S. 381, 400, 60 S.Ct. 907, 915-16, 84 L.Ed. 1263 (1940) (“Nor is there an invalid delegation of judicial power. To hold that there was would be to turn back the clock on at least a half century of administrative law.”). Similarly, our legislature has empowered certain administrative agencies to adjudicate cases, and this Court has found such delegations to pass constitutional muster. See, e.g., Wylie Corp., 104 N.M. at 753, 726 P.2d at 1383 (<HOLDING>). The separation of powers doctrine does not Options: A. holding that creation of a workmens compensation administration and vesting in it the determination of controversies thereunder is a valid exercise of legislative power B. holding that its appellate jurisdiction does not extend to the adjudication of administrative or legislative issues or controversies but rather only to decisions of a judicial character C. holding that a commission is a body with special and limited power and it can only exercise the power expressly or impliedly granted to it and any reasonable doubt of existence of any power must be resolved against the exercise thereof D. holding that registration requirements that aid in the collection of taxes are valid exercise of congress power to tax E. holding that an exercise by the state of its police power is presumed to be valid when it is challenged under the due process clause of the fourteenth amendment

assistant: The best answer is A. holding that creation of a workmens compensation administration and vesting in it the determination of controversies thereunder is a valid exercise of legislative power
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: argument. Pursuant to 29 U.S.C. § 626(e)(2), the statute of limitations may be tolled up to one year for the period during which the EEOC attempts compliance with the ADEA’s requirements through conciliation. Therefore, together with the extension for willful violations, conciliation may extend the statute of limitations for a total of four years. O’Rourke v. Continental Casualty Co., 983 F.2d 94, 95 (7th Cir.1993). The conciliation period begins, thereby tolling the filing period, when the EEOC issues a letter of violation. E.E.O.C. v. Barrett, Haentjens & Co., 705 F.Supp. 1065, 1069 (M.D.Pa.1988) (citing the Congressional and Administrative News); U.S. Equal Employment Opportunity Commission v. Francis W. Parker School, 91 C 4674, 1993 WL 106523, at *4 (N.D.Ill. Mar. 24, 1993) (<HOLDING>); but see Equal Employment Opportunity Options: A. holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling B. holding that the charge was timely when filed within the statute of limitations period even though served after the period C. holding that the timely filing of an eeoc charge is subject to waiver estoppel and equitable tolling D. holding that failure of eeoc to transmit charge to phrc within limitations period was subject to equitable tolling where plaintiff requested crossfiling in the cover letter attached to the eeoc charge on the first page of the charge itself and on an official form used by the eeoc for requests for dualfiling E. holding that eeoc phone calls served to commence the tolling period

assistant: The best answer is E. holding that eeoc phone calls served to commence the tolling period
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: software development kits provided through skype developer on the skype website ( including `` skypekit '' ) and the use of any application program interface ( `` api '' ) exposed or made available by skype are subject to their own licensing terms in which case such licensing terms will govern your use of that software .

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: do so.”). Further, it is well-settled that “[a] party is bound by, and a court is powerless to rewrite, the clear and unambiguous terms of a voluntary contract.” Brooks v. Green, 993 So.2d 58, 61 (Fla. 1st DCA 2008). This principle applies even where the terms of the contract are “harsh” or “out of the ordinary.” Id. at 61. (citations omitted). In addition, to give proper meaning to a specific contract provision, a court must consider it in the context of the entire contract. Hand, 983 So.2d at 687. When an employment agreement contains a noncompete covenant, the restriction survives the termination of the agreement if the agreement contains express language demonstrating that the parties intended its survival. Brenner v. Barco Chems. Div., Inc., 209 So.2d 277, 278 (Fla. 3d DCA 1968) (<HOLDING>). Where the parties expressly provide that the Options: A. holding a contract was divisible in its nature if the intention is expressly stated in the contract B. holding new york law may prohibit noncompete forfeiture provisions but erisa statutes allow forfeiture of all deferred compensation benefits under noncompete forfeiture provisions in a top hat plan C. holding that noncompete provisions survived the expiration of an employment agreement where 1 the contract expressly provided that the provisions would continue to apply if the employee continued working and 2 the noncompete clause expressly stated it would continue to be in effect after the expiration or termination of employment D. holding even though idaho law does not permit the enforcement of noncompete clauses in employment contracts erisa statutes allow forfeiture of pension benefits in excess of erisas minimum vesting requirements in noncompete clauses E. holding that under arkansas law maximum duration of noncompete clause incident to employment agreement is three years

assistant: The best answer is C. holding that noncompete provisions survived the expiration of an employment agreement where 1 the contract expressly provided that the provisions would continue to apply if the employee continued working and 2 the noncompete clause expressly stated it would continue to be in effect after the expiration or termination of 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 case excerpt and choose the best holding from the options. Case excerpt: guilt, provided a reasonable trier of fact could find that the evidence establishes guilt beyond a reasonable doubt.” United States v. Young, 906 F.2d 615, 618 (11th Cir.1990). Furthermore, we are “bound by the jury’s credibility determinations, and by its rejection of the inferences raised by the defendant.” United States v. Peters, 403 F.3d 1263, 1268 (11th Cir.2005). To convict a defendant of being a convicted felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), the government must prove beyond a reasonable doubt three elements: “(1) that the defendant was a convicted felon, (2) that the defendant was in knowing possession of a firearm, and (3) that the firearm was in or affecting interstate commerce.” Beckles, 565 F.3d at 841 (internal quotation marks omitted) (<HOLDING>). In considering the evidence, it is reasonable Options: A. holding among other things that the officers observations that the defendant was under the influence of a controlled substance without more did not establish probable cause to believe that the defendant had committed a crime B. holding it error to admit testimony where among other things there was no evidence that defendants appearance had changed since the time of the robbery C. holding that to apply the firearm enhancement the firearm need only reflect the context of the defendants possession and the defendants ability to use the firearm to promote the controlled substance offense D. holding police officers uncontradicted testimony that defendant admitted he acquired shotgun for protection sufficient to establish knowing possession E. holding the evidence sufficient to establish the defendants knowing possession of a firearm beyond a reasonable doubt when among other things the defendant admitted to a law enforcement officer that he had acquired the shotgun for his protection and that officers testimony went uncontradicted at trial

assistant: The best answer is E. holding the evidence sufficient to establish the defendants knowing possession of a firearm beyond a reasonable doubt when among other things the defendant admitted to a law enforcement officer that he had acquired the shotgun for his protection and that officers testimony went uncontradicted at trial
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: Upon the receipt of reasonable notice from the Company (including from outside counsel to the Company), the Participant agrees that while employed by the Company and for two years (or, if longer, for so long as any claim referred to in this Section remains pending) after the termination of Participant’s employment for any reason, the Participant will respond and provide information with regard to matters in which the Participant has knowledge as a result of the Participant’s employment with the Company, and will provide reasonable assistance to the Company, its affiliates and their respective representatives in defense of any claims that may be made against the Company or its affiliates, and will assist the Company and its affiliates in the prosecution of any claims that may be made by the Company or its affiliates, to the extent that such claims may relate to the period of the Participant’s employment with the Company (or any predecessor); provided, that with respect to periods after the termination of the Participant’s employment, the Company shall reimburse the Participant for any out-of-pocket expenses incurred in providing such assistance and if the Participant is required to provide more than ten (10) hours of assistance per week after his termination of employment then the Company shall pay the Participant a reasonable amount of money for his services at a rate agreed to between the Company and the Participant; and provided further that after the Participant’s termination of employment with the Company such assistance shall not unreasonably interfere with the Participant’s business or personal obligations. The Participant agrees to promptly inform the Company if the Participant becomes aware of any lawsuits involving such claims that may be filed or threatened against the Company or its affiliates. The Participant also agrees to promptly inform the Company (to the extent the Participant is legally permitted to do so) if the Participant is asked to assist in any investigation of the Company or its affiliates (or their actions), regardless of whether a lawsuit or other proceeding has then been filed against the Company or its affiliates with respect to such investigation, and shall not do so unless legally required. Provided, however, the Participant is not required to inform the Company of any investigation by a governmental agency or entity resulting from the reporting of possible violations of federal securities law or regulation to any governmental agency or entity, and the Participant may participate in such investigation, without informing the Company.

assistant: Cooperation