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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement will be binding upon and will inure to the benefit of the Company and its successors. The rights and benefits under this Agreement are personal to Executive and such rights and benefits shall not be subject to assignment, alienation or transfer, except to the extent such rights and benefits are lawfully available to the estate or beneficiaries of Executive upon death.

assistant: Successors
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: sought to quash the subpoenas duces tecum on the alternate basis that the materials sought were privileged under the physician-patient privilege set forth in section 8 — 802 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 8 — 802). While it is only problematic that this issue would arise again upon remand, we point out that an exception to the physician-patient privilege exists in reckless homicide cases under subsection (1) of section 8 — 802 (People v. Bates (1988), 169 Ill. App. 3d 218, 225, 523 N.E.2d 675) and in prosecutions where written results of blood-alcohol tests are admissible pursuant to section 11 — 501.4 of the Illinois Vehicle Code, under subsection (9) of section 8 — 802. (See People v. Saulsburry (1989), 178 Ill. App. 3d 857, 862, 533 N.E.2d 1154 (<HOLDING>).) Whether these exceptions to the Options: A. holding to the same effect B. holding that for the purposes of admiralty jurisdiction a tort occurs where the negligence takes effect not where the negligent act occurred C. holding in dicta that subsection 9 as a rule of evidence would apply to litigation pending when the law takes effect D. holding that a trust comes into immediate effect upon being established and funded while a will never takes effect until the death of a testator E. holding that an adverse action occurs when the decision is carried out when it is communicated or actually takes effect

assistant: The best answer is C. holding in dicta that subsection 9 as a rule of evidence would apply to litigation pending when the law takes effect
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: — was visible from the location of the first sign. The operational plan to be implemented by the checkpoint was two-fold. Law enforcement officers stationed at the checkpoint itself were to request and examine motorists’ driver’s licenses and vehicle registration cards and be alert for impaired drivers. In addition, narcotics officers observing from unmarked vehicles nearby were to watch for motorists who threw items out of their vehicles or who made u-turns or other evasive actions upon seeing the “K-9 CHECK POINT AHEAD” signs. The narcotics officers planned to investigate any vehicle involved in such conduct. The narcotics on was properly admitted as evidence seized pursuant to a lawful arrest. Chimel v. California, 395 U.S. 752, 762-63, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969) (<HOLDING>); United States v. Nelson, 102 F.3d 1344, 1346 Options: A. holding that a search incident to a lawful arrest does not violate the fourth amendment B. holding that warrantless arrest based on probable cause did not violate the fourth amendment C. holding that an arrest made by an officer outside his jurisdiction does not violate the fourth amendment D. holding that an officer may search a suspects vehicle incident to a lawful arrest E. holding that a lawful custodial arrest is a prerequisite to a search since the arrest is the authority of law justifying the search

assistant: The best answer is A. holding that a search incident to a lawful arrest does not violate the fourth amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: when permitted by law , google , and google 's suppliers and distributors , will not be responsible for lost profits , revenues , or data , financial losses or indirect , special , consequential , exemplary , or punitive damages .

assistant: Limitation of liability
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 rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither any failure nor any delay by a party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. To the maximum extent permitted by applicable Law, (a) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by one party, in whole or in part, by a waiver or renunciation of the claim or right unless in a written document signed by the other party, (b) no waiver that may be given by a party will be applicable except in the specific instance for which it is given, and (c) no notice to or demand on one party will be deemed to be a waiver of any obligation of that party or of the right of the party giving such notice or demand to take further action without notice or demand as provided in this Agreement or the documents referred to in this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Board of Pharmacy Examiners for the regulation of the practice of pharmacy in Iowa. Iowa Code section 147.76 (2007) confers upon the board the authority to “adopt all necessary and proper rules to implement and interpret [chapter 155A].” See also Iowa Code § 155A.3(3) (stating the term “board” in chapter 155A refers to the board of pharmacy examiners). We have previously held similar language in other statutes constituted a clear vesting in the agency of the authority to interpret a statute. Thoms v. Iowa Pub. Employees’ Ret. Sys., 715 N.W.2d 7, 11 (Iowa 2006) (finding a clear vesting of interpretive authority where a statute directed the agency to “adopt ... rules ... and take other action it deems necessary for the administration of the retirement system”); Auen, 679 N.W.2d at 590 (<HOLDING>); City of Marion v. Iowa Dep’t of Revenue & Options: A. holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute B. holding that the power of any administrative agency to reconsider its final decision exists only where the statutory provisions creating the agency indicate a legislative intent to permit the agency to carry into effect such power C. holding that employee who reports violation of law to an agency that is not an appropriate law enforcement authority may nonetheless be entitled to whistleblower protection if he in good faith believed agency was the appropriate authority D. holding statute providing the director shall have the power and authority to prescribe all rules not inconsistent with the provisions of this chapter necessary and advisable for its detailed administration and to effectuate its purposes vested authority in the department of revenue and finance to interpret section 4224520 E. recognizing equitable powers necessary and appropriate to carry out the provisions of this title

assistant: The best answer is A. holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute
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: QCFS: (a) is the record owner of the Acquired Assets and the QC Interests; (b) has full power, right and authority to make and enter into this Agreement and to sell, assign, transfer and deliver the Acquired Assets and the QC Interests to the applicable CFC Party; and (c) has good and valid title to the Acquired Assets and the QC Interests, free and clear of all Liens, other than Permitted Liens. Subject to Section 6.5 , immediately after the consummation of the Swap, the Acquired Assets acquired by the applicable CFC Party shall be sufficient the conduct of the business at each of the QFCS Locations. Other than the rights described in Section 6.5 , QFOC owns or leases all of the assets necessary for the conduct of its business.

assistant: Titles
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 acknowledge that each of them has had the benefit of legal counsel of its own choice and has been afforded an opportunity to review this Agreement with its legal counsel and that this Agreement shall be construed as if jointly drafted by the parties hereto. All references in this Agreement as to gender shall be interpreted in the applicable gender of the parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company will provide indemnification no less favorable than that set forth in the Company’s bylaws as in effect on the Effective Date. The Company agrees to use its best efforts to maintain, or continue to maintain, a directors’ and officers’ liability insurance policy or agreement covering Executive to the extent the Company provides such coverage for its other executive officers and such policy or agreement is available on commercially reasonable terms.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as would not be reasonably expected, individually or in the aggregate, to result in a Material Adverse Effect, each Loan Party and each of its respective Restricted Subsidiaries has timely filed all Tax returns and reports required to be filed, and has timely paid all Taxes levied or imposed upon it or its property, income or assets or otherwise due and payable (whether or not shown on any Tax return), including in its capacity as a withholding agent, except such of those Taxes which are being contested in good faith by appropriate proceedings diligently conducted and for which adequate reserves have been provided in accordance with GAAP (provided such contest suspends enforcement or collection of the Tax in question). Each Loan Party and its respective Restricted Subsidiaries has made adequate provisions in accordance with GAAP for all material Taxes not yet due and payable. There is no current, proposed or pending audit, assessment, deficiency or other claim relating to Taxes against any Loan Party or any of its Restricted Subsidiaries that would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect. None of the Loan Parties nor any of their respective Restricted Subsidiaries has “participated” in a “listed transaction” within the meaning of Treas. Reg. Section 1.6011-4, except as would not be reasonably expected, individually or in the aggregate, to have a Material Adverse Effect.

assistant: Taxes
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: contained in the documents. Also, the court in Citizens for Responsibility, found fault with the defendant’s failure to specify how many documents were being withheld pursuant to Exemption 3. Id. But, in this case, the Archives has stated that it is withholding 238 documents responsive to the plaintiffs FOIA request. Therefore, unlike the declarations in Citizens for Responsibility, Ms. Murphy’s declarations do not merely state in a conclusory fashion that Rule 6(e) material has been withheld, but instead specifies the precise nature of the contents of the draft indictments, sufficiently demonstrating that the withheld material is of the type intended to be protected by Rule 6(e). The plaintiff further devotes a significant portion of its argument di ase, 192 F.3d at 1002-03 (<HOLDING>). When, however, an entity possesses Options: A. holding that new york law did not preclude an arbitrators award of punitive damages despite a new york choice of law provision because there was no indication in the contract that the parties intended to limit their remedies in arbitration B. holding mere general statements by office of independent counsel prosecutors to the new york times regarding their belief on the direction of their own investigation did not constitute rule 6e material C. holding that the district where the defendant attorneys office was located was the proper venue because the defendants omissions related to their failure to communicate from their office in savannah the details of the ongoing case D. recognizing that a prosecutors office is an entity and that information in the possession of one attorney in the office must be attributed to the office as a whole E. holding that even though lehman banks executive officers were in new york and its board of directors met exclusively in new york lehman bank had its principal office in delaware rather than new york because the term principal office is a term of art

assistant: The best answer is B. holding mere general statements by office of independent counsel prosecutors to the new york times regarding their belief on the direction of their own investigation did not constitute rule 6e material
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall withhold from the Severance Benefit Payment all federal, state, city or other taxes and any other withholding as may be required pursuant to any law or governmental regulation or ruling at the time payment is received.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall use the proceeds of the Loans solely as follows: (a) to pay costs and expenses required to be paid pursuant to Section 2.1(j) , (b) for working capital, letters of credit, capital expenditures and other general corporate purposes not in contravention of any Requirement of Law and not in violation of this Agreement and (c) to the extent permitted hereunder, for refinancing and/or repurchasing existing indebtedness.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless otherwise provided herein or in the Credit Agreement, any notice or other communication herein required or permitted to be given shall be given in the manner and become effective as set forth in the Credit Agreement, if to the Mortgagor or the Mortgagee, addressed to it at the address set forth in the Credit Agreement, or in each case at such other address as shall be designated by such party in a written notice to the other party complying as to delivery with the terms of this Section 11.8 .

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: Each Loan Party and each Subsidiary is in compliance with the requirements of all laws, rules and regulations (including, without limitation, the Securities Act and the Securities Exchange Act, and the applicable rules and regulations thereunder, state securities law and “Blue Sky” laws) applicable to it and its business, where the failure to so comply could reasonably be expected to result in a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Commencing as of the Effective Date, and thereafter during the Employment Period, Executive’s base salary shall be $870,000 per annum, which amount may, but shall not be required to be, increased by the Compensation Committee of the Board (or, if no such committee exists, the Board) from time to time in accordance with the compensation policies and practices of the Company, or decreased as part of across the board reductions affecting all executive officers of the Company (as so adjusted from time to time, the “ Base Salary ”). The Base Salary shall be payable in regular installments in accordance with the Company’s standard payroll practices and shall be subject to customary withholding.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Immediately after the consummation of each of the Transactions to occur on the Agreement Date, after taking into account all applicable rights of indemnity and contribution, (a) the sum of the debt (including contingent liabilities) of the Borrower and its Subsidiaries, on a consolidated basis, does not exceed the present fair saleable value of the present assets of the Borrower and its Subsidiaries, on a consolidated basis, (b) the capital of the Borrower and its Subsidiaries, on a consolidated basis, is not unreasonably small in relation to their business as contemplated on the date hereof, (c) the Borrower and its Subsidiaries, on a consolidated basis, have not incurred and do not intend to incur, or believe that they will incur, debts including current obligations, beyond their ability to pay such debts as they become due (whether at maturity or otherwise) and (d) the Borrower and its Subsidiaries, on a consolidated basis, are “solvent” within the meaning given to that term and similar terms under applicable laws relating to fraudulent transfers and conveyances. For purposes of this Section 5.14, the amount of any contingent liability at any time shall be computed as the amount that, in the light of all of the facts and circumstances existing at such time, represents the amount that would reasonably be expected to become an actual or matured liability (irrespective of whether such contingent liabilities meet the criteria for accrual pursuant to Financial Accounting Standards Board Statement No. 5).

assistant: Solvency
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 Lenders agree to indemnify the Agent (to the extent not reimbursed by the Borrower and without limiting its obligation to do so), ratably according to the respective principal amounts of the Advances then owed to each of them (or if no Advances are at the time outstanding, ratably according to the respective amounts of their Commitments), from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever that may be imposed on, incurred by, or asserted against the Agent in any way relating to or arising out of this Agreement or any action taken or omitted by the Agent under this Agreement (collectively, the " Indemnified Costs "), provided that no Lender shall be liable for any portion of the Indemnified Costs resulting from the Agent's gross negligence or willful misconduct. Without limitation of the foregoing, each Lender agrees to reimburse the Agent promptly upon demand for its ratable share of any out-of-pocket expenses (including reasonable counsel fees) incurred by the Agent in connection with the preparation, execution, delivery, administration, modification, amendment or enforcement (whether through negotiations, legal proceedings or otherwise) of, or legal advice in respect of rights or responsibilities under, this Agreement, to the extent that the Agent is not reimbursed for such expenses by the Borrower. In the case of any investigation, litigation or proceeding giving rise to any Indemnified Costs, this Section 7.08 applies whether any such investigation, litigation or proceeding is brought by the Agent, any Lender or a third party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices or other communications referenced under this Agreement shall be made in writing and sent to the address designated above or designated from time to time in writing by the Parties. All notices shall be deemed given to the other Party if delivery receipt is confirmed using one of the following methods: registered or certified first class mail, postage prepaid; recognized courier delivery; or electronic mail.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: as with all things , world of warcraft is governed by certain rules of conduct ( `` rules of conduct '' ) that must be adhered to by all users of world of warcraft .

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: petition for certiorari and vacate the death penalty in this case. Even if I did not take this view, I would grant the petition because it raises the recurring issue whether evidence of prior unadjudicated criminal conduct may be introduced at the sentencing stage of a capital trial. As I have noted before, see, e. g., Miranda v. California, 486 U. S. 1038 (1988) (Marshall, J., dissenting from denial of certiorari); Williams v. Lynaugh, 484 U. S. 935 (1987) (Marshall, J., dissenting from denial of certiorari), the States’ highest courts have reached varying conclusions on this issue. In addition, the petition poses a second question of profound constitutional significance: whether a defendant’s waiver of his right to a jury in a capital sentencing , 492 N. E. 2d 1303, 1315-1316 (1986) (<HOLDING>), cert. denied, 479 U. S. 1101 (1987). In 1978, Options: A. holding that the death penalty is unconstitutional as applied to juvenile defendants B. holding that a court need only explain that a unanimous vote is required before a jury can impose the death penalty C. recognizing that before the case was submitted to the jury the trial court charged the jury that if it were unable to reach a unanimous recommendation the court would impose a sentence of life imprisonment without the possibility of parole D. holding that where a jury fails to return unanimous answers to some of the questions on a special verdict form the trial judge can enter judgment on the basis of the unanimous verdicts if they are dispositive of the case E. holding that leaning towards the death penalty is not the same as an automatic vote for the death penalty

assistant: The best answer is B. holding that a court need only explain that a unanimous vote is required before a jury can impose the death penalty
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 authorized capital of the Company consists of 75,000,000 shares of common stock, par value $0.0001, of which a total of 5,280,000 shares are issued and outstanding (the “Issued and Outstanding Common Stock”) The Issued and Outstanding Common Stock has been duly authorized, issued, fully paid and nonassessable, free and clear of all liens, charges, pledges, security interests, encumbrances, right of first refusal, preemptive right or other restriction. No person, firm or corporation has any right, agreement, warrant or option, present or future, contingent or absolute, or any right capable of becoming a right, agreement or option to require the Company to issue any shares in its capital or to convert any securities of the Company or of any other company into shares in the capital of the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In case any one or more of the provisions (or any portion thereof) contained herein will, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision of this Agreement, but this Agreement will be construed as if such invalid, illegal or unenforceable provision or provisions (or portion thereof) had never been contained herein. If any provision of this Agreement will be determined by a court of competent jurisdiction to be unenforceable because of the provision’s scope, duration or other factor, then such provision will be considered divisible and the court making such determination will have the power to reduce or limit (but not increase or make greater) such scope, duration or other factor or to reform (but not increase or make greater) such provision to make it enforceable to the maximum extent permitted by law, and such provision will then be enforceable against the appropriate party hereto in its reformed, reduced or limited form; provided, however, that a provision will be enforceable in its reformed, reduced or limited form only in the particular jurisdiction in which a court of competent jurisdiction makes such determination.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower agrees to take such further actions as Lender shall reasonably request from time to time in connection herewith to evidence or give effect to this Agreement and the other Loan Documents and any of the transactions contemplated hereby. Promptly after Lender’s request therefor, Borrower shall execute or cause to be executed and delivered to Lender such instruments, assignments, title certificates or other documents as are necessary under the UCC or other applicable law (including any motor vehicle certificates of title act) to perfect (or continue the perfection of) Lender’s Liens upon the Collateral and shall take such other action as may be reasonably requested by Lender to give effect to or carry out the intent and purposes of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in the first instance.” Id. at *2. It noted that “even an ‘obvious’ preemption defense does not, in most cases, create removal jurisdiction.” Id. (quoting Metro. Life Ins. Co., 481 U.S. at 66, 107 S.Ct. 1542). Similarly, several lower courts have remanded actions pled under state law where PMPA preemption could be asserted as a defense. In an action similar to the one before this court, a district court in Maryland remanded an action in which service station franchisees pled state court claims against the franchisor, seeking damages and reformation of the franchise agreement rent provisions. See J.H.W. Sr., Inc. v. Exxon Co., U.S.A., 921 F.Supp. 1436 (D.Md.1996). The court found that allowing the state claims to proceed in state court did not preclude reliance o N.D.N.Y. June 20, 2005) (<HOLDING>); Serianni v. Gulf Oil Corp., 662 F.Supp. 1020 Options: A. holding that the plaintiffs state law claims were preempted by pmpa because they sought to impose standards more stringent than the pmpa regarding the termination or nonrenewal of his franchise B. holding that pmpa preempted new york statutory law governing the termination or nonrenewal of franchises but did not preempt state contract claim which did not involve the termination of the franchise relationship C. holding that pmpa preempted state statute regarding the ter initiation and nonrenewal of franchises and state commonlaw claim D. holding that fraud claim concerning nonrenewal of franchise agreement was preempted by pmpa E. holding state law claim premised on implied duty of good faith was preempted by the pmpa because it concerned the termination of a petroleum franchise

assistant: The best answer is B. holding that pmpa preempted new york statutory law governing the termination or nonrenewal of franchises but did not preempt state contract claim which did not involve the termination of the franchise relationship
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: looked, since, if the gravamen of this offense is spying for this unlawful purpose, and it be shown that the spying took place, and the purpose is inferable from the circumstances of the case, the guilt or innocence of [the appellant] does not in any sense hang upon a matter of chance as to whether the persons upon whom he sought to spy were actually in his view.’ Butts v. State, 97 Ga.App. 465, 103 S.E.2d 450, 451 (1958).... The prohibited act is ‘peeping’ with the requisite wrongful purpose or intent. If the act and the intent are in concurrence, the crime is complete regardless of what or who may or may not be subject to the perpetrator’s unlawful gaze.” 154 Ga.App. at 543-44, 268 S.E.2d at 737-38. Accord State v. Serrano, 145 Ariz. 498, 501, 702 P.2d 1343, 1346 (Ariz.Ct.App.1985) (<HOLDING>). Such an interpretation is consistent with the Options: A. holding that a court must first determine whether the intent of congress is clear or instead the statute is silent or ambiguous with respect to the specific issue B. holding with respect to a similar arizona statute the prohibited act is looking into the residential structure with the requisite wrongful purpose or intent regardless of what or who may or may not be subject to the perpetrators unlawful gaze C. holding that a statute stating that a city ordinance may not make unlawful a condition or act approved or authorized under the act or the commissions rules or orders was unmistakably clear D. holding congress may impose civil and criminal sanctions with respect to the same act or omission E. holding that to violate a specific intent statute the defendant must act with the purpose of violating the law

assistant: The best answer is B. holding with respect to a similar arizona statute the prohibited act is looking into the residential structure with the requisite wrongful purpose or intent regardless of what or who may or may not be subject to the perpetrators unlawful gaze
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: necessary for nicotine to be considered addicting: Q. And, sir, it is correct, is it not, that it’s been your view since the early 1970s that to be addictive, a drug does not have to cause intoxication? A. Yes. Q. The suggestion, then, that a drug cannot be addictive because it is not intoxicating, you wouldn’t agree with that statement, correct? A. I would not. Rowell TT, 3/23/05, 16632:4-7,16632:23-16633:2. 859. In addition, the Surgeon General did not include either tolerance or withdrawal effects as criteria for addiction. However, the 1988 Surgeon General’s report documented both tolerance and withdrawal and determined that nicotine met these additional criteria. See 1996 FDA Jurisdictional Determination, 61 Fed.Reg. 44619 (August 1996); VXA1242326-3211 at 2645-2651 (U.S. 64323) (<HOLDING>). However, neither tolerance nor withdrawal are Options: A. holding that where the definition of lottery is expressly limited to 18 usc 1307b the definition cannot be applied to a related civil statute B. recognizing that nicotine is addictive even under the outdated 1964 sg report1957 who definition C. recognizing that congress desired a broad definition of a claim D. holding that the definition of operating deficits is not ambiguous despite the absence of a definition of the phrase in the contract E. holding that the definition of supplier under the ocspa is substantially broader than the definition of debt collector under the fdcpa

assistant: The best answer is B. recognizing that nicotine is addictive even under the outdated 1964 sg report1957 who definition
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 ideas , suggestions , documents , and/or proposals ( `` contributions '' ) to yahoo through its suggestion or feedback webpages , you acknowledge and agree that : ( a ) your contributions do not contain confidential or proprietary information ; ( b ) yahoo is not under any obligation of confidentiality , express or implied , with respect to the contributions ; ( c ) yahoo shall be entitled to use or disclose ( or choose not to use or disclose ) such contributions for any purpose , in any way , in any media worldwide ; ( d ) yahoo may have something similar to the contributions already under consideration or in development ; ( e ) your contributions automatically become the property of yahoo without any obligation of yahoo to you ; and ( f ) you are not entitled to any compensation or reimbursement of any kind from yahoo under any circumstances .

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: its judgment after conducting an ore tenus proceeding, the trial court’s judgment is presumed to be correct and will not be disturbed unless the record shows that it is contrary to the great weight of evidence. Ex parte McConathy, 911 So.2d 677 (Ala.2005). “The ore tenus rule does not, however, extend to cloak a trial judge’s conclusions of law or incorrect application of law to the facts with a presumption of correctness.” $3,011 in United States Currency v. State, 845 So.2d 810, 814 (Ala.Civ.App.2002). Section 20-2-93, Ala.Code 1975, provides for the forfeiture o g that 10-week delay between the seizure of property and the institution of forfeiture proceedings did not meet the promptness requirement of § 20 — 2—90(c)); Eleven Automobiles v. State, 384 So.2d 1129 (Ala.Civ.App.1980) (<HOLDING>); Winstead v. State, 375 So.2d 1207 (Ala.Civ. Options: A. holding that a forfeiture proceeding instituted four weeks after seizure met the promptness requirement of the statute B. holding that double jeopardy clause did not apply to forfeiture proceeding before the court C. holding that forfeiture proceeding instituted more than seven months after property was seized did not meet the promptness requirement of 202 93c D. holding that forfeiture proceedings instituted eight months after the seizure of property failed to meet the promptness requirement E. holding that the district court properly exercised jurisdiction over a criminal forfeiture action where a state court in a related state court forfeiture proceeding had in personam jurisdiction over the same currency subject to forfeiture

assistant: The best answer is A. holding that a forfeiture proceeding instituted four weeks after seizure met the promptness requirement of the statute
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: challenges the trial court’s imposition of fines in the amount of forty-five thousand dollars ($45,000). The record reflects that the trial court imposed a twenty-five thousand dollar ($25,000) fine for count three (rape), a ten thousand dollar ($10,000) fine for count four (incest), and a ten thousand dollar ($10,000) fine for count five (incest). The defendant first contends that because the trial court ordered counts three, four and five to be served concurrently, the fines should be imposed concurrently as well, thereby totalling only twenty-five thousand dollars ($25,000) instead of forty-five thousand dollars ($45,000). He cites State v. Bryant for the proposition that a “sentence” is a broad term which includes a fine. See State v. Bryant, 805 S.W.2d 762, 765 (Tenn.1991) (<HOLDING>). The defendant argues that, based on Bryant, Options: A. holding that the court of criminal appeals has jurisdiction to review fines under the criminal sentencing reform act of 1982 because sentence is a broad term which encompasses a fine probation a term of imprisonment or any other form of punishment imposed by the court B. holding that minnesota stay of imposition is sentence for purposes of federal sentencing guidelines even if no term of probation was imposed C. holding that upon revocation of probation a court must grant credit for time served on probation and community control towards any newly imposed term of imprisonment and probation so that the total period of control probation and imprisonment does not exceed the statutory maximum D. holding that the term of imprisonment for purposes of application note 5 is the sentence imposed by the state court and that it shall not be decreased to reflect a suspension of any part of the sentence E. holding that term court encompasses trial by both judge and jury

assistant: The best answer is A. holding that the court of criminal appeals has jurisdiction to review fines under the criminal sentencing reform act of 1982 because sentence is a broad term which encompasses a fine probation a term of imprisonment or any other form of punishment imposed by the court
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 Assignor (i) represents and warrants that, as of the date hereof, it is the legal and beneficial owner of the interest being assigned by it hereunder and that such interest is held by it free and clear of any adverse claim; (ii) makes no representation or warranty and assumes no responsibility with respect to any statements, warranties or representations made in or in connection with the Credit Agreement, or the execution, legality, validity, enforceability, genuineness, sufficiency or value of the Credit Agreement, or any other instrument or document executed or furnished pursuant thereto; and (iii) makes no representation or warranty and assumes no responsibility with respect to the financial condition of the Borrower or the performance or observance by the Borrower of any of its obligations under the Credit Agreement or any other instrument or document furnished pursuant thereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: residents of the Depot. Nor are the District and taxing entities attempting to assess taxes on property within the federal enclave that constitutes the Depot. Those aspects of a “state” within the federal system of these United States are not implicated. The tax is assessed solely on inventory while it is located on Aviall’s private property at its distribution center in Irving, Texas. See Tex. Tax Code Ann. §§ 11.01, 23.01, 32.01 (Vernon 2008). Moreover, Aviall’s interpretation would reverse the long-standing rule to strictly construe tax exemptions against the taxpayer. See River Oaks Garden Club v. City of Houston, 370 S.W.2d 851, 854 (Tex.1963); ICAN Enter., Inc. v. Williamson County Appraisal Dist., No. 03-06-00594, 2009 WL 1025084, *3 (Tex.App.Austin April 17, 2009, pet. denied) (<HOLDING>). It is well settled that language granting Options: A. holding that trial court abused its discretion by denying a motion for rule 11 sanctions without adequate explanation B. holding trial court erred in denying defendants motion for arrest of judgment where indictment was insufficient C. holding trial court properly gave narrow interpretation for exemption for stored aircraft parts denying taxpayers application for its storage of entire aircraft D. holding that before denying petition trial court must conduct an evidentiary hearing and state specific reasons for denying the petition E. holding that trial court did not abuse its discretion by denying motion for continuance when not in proper affidavit form

assistant: The best answer is C. holding trial court properly gave narrow interpretation for exemption for stored aircraft parts denying taxpayers application for its storage of entire aircraft
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: Licensee shall not use CareFusion’s, or any of its affiliates’, names, or refer to it or any of them directly or indirectly in any papers, articles, advertisements, marketing materials, sales presentations or press releases, without the prior written approval of CareFusion.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: unless stated otherwise , the software required for our services or available at or used by our platform and the intellectual property rights ( including the copyrights ) of the contents and information of and material on our platform are owned by booking.com b.v. , its suppliers or providers .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you must be at least eighteen ( 18 ) years of age to use myfitnesspal , eighteen ( 18 ) years of age to use under armour shopping ( unless otherwise specified in separate policies applicable to certain specific jurisdictions ) and at least thirteen ( 13 ) years of age to use the other 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 case excerpt and choose the best holding from the options. Case excerpt: to be, in practical effect, a part of it, rather than isolated local activity.’ ” Mitchell v. Lublin, McGaughy & Associates, 358 U.S. 207, 212, 79 S.Ct. 260, 3 L.Ed.2d 243 (1959) (internal citations omitted). 7. The former Fifth Circuit “has consistently held that the work of maintenance employees in the office buildings occupied by tenants a substantial number of whom are there engaged wholly or in part in interstate commerce, but who do not there produce goods for interstate commerce, is too remote from the ‘in commerce’ activities of such tenants as to cause such employees to be covered by the Act.” Tobin v. Girard Properties, Inc., 206 F.2d 524, 527 (5th Cir.1953) (internal citations omitted) ; but see Kirschbaum v. Walling, 316 U.S. 517, 525-26, 62 S.Ct. 1116, 86 L.Ed. 1638 (1942) (<HOLDING>). The maintenance in this case, where the Options: A. holding that the flsa applies to the employees of a us navy contractor because they were considered engaged in interstate commerce B. holding under flsa C. recognizing that interpreting the flsa to apply to a handler of any good which has moved interstate would negate the significance of the clause and ignore the intent of congress to create a distinction between certain workers whose activities were covered by the flsa and others whose activities were not D. holding that maintenance workers in a building that did produce goods for interstate commerce were covered under the flsa E. holding that individual coverage is established if a substantial part of an employees activities related to goods whose movement in the channels of interstate commerce was established by the test we have described he is covered by the flsa

assistant: The best answer is D. holding that maintenance workers in a building that did produce goods for interstate commerce were covered under the flsa
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the limitations of this subsection shall apply to any theory of liability , whether based on warranty , contract , statute , tort ( including negligence ) or otherwise , and whether or not the twitter entities have been informed of the possibility of any such damage , and even if a remedy set forth herein is found to have failed of its essential purpose .

assistant: Limitation of liability