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: The Company shall, and shall cause each of its Significant Subsidiaries to, comply with all applicable laws, whether now in effect or hereafter enacted, except (i) where the validity or applicability of such laws, rules, regulations or orders is being contested by appropriate proceedings in good faith or (ii) where the failure to do so could not reasonably be expected to have a Material Adverse Effect; and at all times maintain and preserve all property material to the conduct of its business in good working order, ordinary wear and tear excepted, except to the extent that the failure to do so could not reasonably be expected to have 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: This Agreement may be executed in any number of counterparts with the same effect as if the parties had all signed the same document. All counterparts shall be construed together and shall constitute one agreement. This Agreement, to the extent executed and delivered by means of a photographic, photostatic, facsimile or similar reproduction of such signed writing using a facsimile machine or electronic mail shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement or instrument, each other party hereto or thereto shall re execute original forms thereof and deliver them to all other parties. No party hereto shall raise the use of a facsimile machine or electronic mail to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine or electronic mail as a defense to the formation or enforceability of a contract and each such party forever waives any such defense.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the other Loan Documents represent the agreement of Holdings, the Borrowers, the Agent and the Lenders with respect to the subject matter hereof and thereof, and there are no promises, undertakings, representations or warranties by the Agent, the Collateral Agent or any Lender relative to subject matter hereof and thereof not expressly set forth or referred to herein or in the other Loan Documents.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: this petition for prohibition. Petitioner is mistaken in an essential respect. Although he characterizes his challenge as involving subject matter jurisdiction, he is mistaken. There can be no dispute that the circuit court has subject matter jurisdiction over cases involving dissolution of marriage. See § 26.012(2)(a), Fla. Stat. (2006) (circuit courts have original jurisdiction in all actions at law not cognizable in the county courts). The fact that petitioner wishes to dispute in the pending dissolution action is whether there was any marriage at all to dissolve. An attack on the validity of an alleged marriage has nothing to do with subject matter jurisdiction but is simply an issue to be determined in the dissolution action. See Marden v. Marden, 276 So.2d 493 (Fla. 4th DCA 1973) (<HOLDING>). It is true that a petition for a writ of Options: A. holding that there was a genuine issue of material fact precluding summary judgment B. holding that standing existed C. holding that in an action brought by alleged wife for permanent alimony suit money attorneys fees and restraining order an issue of fact existed concerning whether a commonlaw marriage existed thus precluding summary judgment D. holding that material issue of fact existed concerning whether employer orally promised to discharge employee only for cause E. holding that it was not an abuse of discretion for the court to deny an award of attorneys fees to the wife

assistant: The best answer is C. holding that in an action brought by alleged wife for permanent alimony suit money attorneys fees and restraining order an issue of fact existed concerning whether a commonlaw marriage existed thus precluding summary judgment
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 Plan and Trust shall be construed and enforced according to the Code, the Act and the laws of the state or commonwealth in which the Employer's (or if there is a corporate Trustee, the Trustee's, or if the Plan is fully insured, the Insurer's) principal office is located (unless otherwise designated in Appendix A to the Adoption Agreement (Special Effective Dates and Other Permitted Elections)), other than its laws respecting choice of law, to the extent not pre-empted by federal law.

assistant: Applicable 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: THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, AND THE RIGHTS OF THE PARTIES SHALL BE GOVERNED BY, THE INTERNAL LAW OF THE STATE OF NEW YORK, EXCLUDING CHOICE-OF-LAW PRINCIPLES OF THE LAW OF SUCH STATE THAT WOULD PERMIT THE APPLICATION OF THE LAWS OF A JURISDICTION OTHER THAN SUCH STATE.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in which they waived their rights to appeal,' except in the event that they were sentenced outside the advisory guidelines range, which they were not. While they claim the prosecution violated the plea agreement by not recommending an acceptance of responsibility reduction, or recommending that Odeh be sentenced at the low end of the advisory guidelines range, they agreed to allow the district court to resolve the question of whether a breach occurred by agreeing to the appeal waiver. However, as in Hicks and Hare, the defendants never presented that argument to the district court. And their waiver of appeal bars them from having this court consider the question on appeal. Hicks, 129 F.3d at 381; Hare, 269 F.3d at 862; see also United States v. Whitlow, 287 F.3d 638 (7th Cir. 2002) (<HOLDING>). Odeh and Hussein believe that United States Options: A. holding appeal waiver in conditional guilty plea agreement precluded defendant from asserting new argument on appeal in support of suppression motion B. holding that a plea agreement with a waiver of direct appeal rights does not include a waiver of collateral remedies because the government could have included a waiver of collateral rights in the plea agreement and chose not to do so C. holding that the united states breach of the plea agreement releases the defendant from the appeal waiver D. holding that a waiver of appellate rights precluded a defendant from arguing on appeal that the prosecution violated the plea agreement and explaining wjaiver of appeal means that the final decision concerning whether there was a breach of the plea agreement will be made by one article iii judge rather than three article iii judges E. holding that a waiver of right to appeal contained in a plea agreement is enforceable

assistant: The best answer is D. holding that a waiver of appellate rights precluded a defendant from arguing on appeal that the prosecution violated the plea agreement and explaining wjaiver of appeal means that the final decision concerning whether there was a breach of the plea agreement will be made by one article iii judge rather than three article iii judges
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 occurrence of an Event of Default, the Lender shall, within five (5) business days thereof, give written notice (a “Default Notice”) to the Rockpoint Preferred Holders (as defined in the Second Amended and Restated Partnership Agreement of the Borrower dated as of March , 2017 (the “Partnership Agreement”)) in accordance with the notice provisions set forth in the Partnership Agreement. Such notice shall be in addition to the notice the Lender shall give to the Borrower, and shall be given concurrent therewith. Following receipt of a Default Notice, the Rockpoint Preferred Holders, or any affiliate(s) thereof or other parties designated by them (collectively, “Rockpoint”), shall have the right, but not the obligation, to make payment to the Lender, within thirty (30) business days of receiving the Default Notice (the period from the occurrence of the Event of Default through the expiration of such thirty (30) business day period, the “Default Election Period”), in an amount equal to the Default Amount (a “Default Advance”). During any Default Election Period, the Lender shall have no right to enforce the provisions hereof in respect of such Event of Default or pursue any remedies in connection therewith, including declaring the principal amount of the Advances or interest thereon (whether or not accrued) or any other amounts payable hereunder due and payable. In the event Rockpoint elects to make a Default Advance, such Default Advance shall be deemed to (a) cure the Event of Default and (b) be a demand loan by Rockpoint to the Borrower, and shall bear interest payable to Rockpoint monthly at a rate equal to the lesser of (i) eighteen percent (18%) per annum or, if lower, (ii) the highest rate of interest permitted under applicable law, from and after the date of the Default Advance until the date such Default Advance is repaid by the Borrower to Rockpoint in full. If Rockpoint does not elect to make a Default Advance during the Default Election Period, the Lender shall, following the expiration of the Default Election Period, be entitled to enforce the provisions hereof in respect of such Event of Default and pursue any remedies it may be entitled to at law or in equity in respect of the Event of Default, including its right to declare the principal amount of the Advances or interest thereon (whether or not accrued) or any other amounts payable hereunder due and payable. For the avoidance of doubt, in the event Rockpoint makes a Default Advance, Rockpoint shall, at any time, be entitled pursue any and all rights and remedies it may have in law or in equity against the Borrower in the event the Borrower fails to repay to Rockpoint the amount of the Default Advance or fails to pay any interest thereon to Rockpoint when due.

assistant: Remedies
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: Kirschman & Co., 336 So.2d 566, 570 n. 6 (Fla.1976)). Unlike other exceptions to the rule, which obtain their reliability from the circumstances surrounding the making of the out-of-court statement, recorded recollection obtains its reliability based on the credibility of its maker. Id. Therefore, “the law requires the maker to adopt the recorded recollection as his own.” Id. at 682. Accordingly, we have consistently held that out-of-court statements are inadmissible as past recollection recorded unless the proponent lays the foundation for its admission with testimony at trial that the declarant’s statement was recorded when the described events were fresh in his or her mind and attests to the statement’s accuracy. See Hernandez v. State, 31 So.3d 873, 878-80 (Fla. 4th DCA 2010) (<HOLDING>); see also Kimbrough, 846 So.2d at 544 (holding Options: A. holding that the trial courts admonition of a witness even though detailed and strongly stated did not coerce the witness because the court did not threaten or badger the witness and the court provided the witness with her own counsel to ensure that the decision was voluntary B. holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case C. holding that where state witness was unable or unwilling to attest to the accuracy of the taped conversation the state could not introduce it as past recollection recorded the state called the witness for the primary purpose of impeaching her with her taped conversation D. holding that the defense may present the entire conversation where it goes to the heart of the defense E. holding that a violation of a witness separation order did not warrant reversal because the jury was completely informed of the conversation between the witnesses and was given adequate information by which it could judge the reliability and credibility of the revised testimony

assistant: The best answer is C. holding that where state witness was unable or unwilling to attest to the accuracy of the taped conversation the state could not introduce it as past recollection recorded the state called the witness for the primary purpose of impeaching her with her taped conversation
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 it is blizzard entertainment 's intention to provide the service all day , every day , you hereby acknowledge that blizzard entertainment reserves the right to temporarily suspend the service for maintenance , testing , replacement and repair of the telecommunications equipment related to world of warcraft , as well as for transmission interruption or any other operational needs of the system .

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 may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before _________ ___, 2017; provided , however , that such termination will not affect the right of any party to sue for any breach by any other party (or parties).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the context of the questioning which would establish that the Defendant—despite the false premise of the question—knew exactly what the questions meant and exactly what they were referring to.” DeZarn, 157 F.3d at 1049. Here Hardy argues similarly that Midland knew about his concerns about the cost of health care insurance (because he specifically asked about it) and that its responses to him, when viewed in this context, were deceptive, possibly intentionally so. Even though the letter may have been technically true—a finding that I do not necessarily endorse—it may still constitute a false representation given the context. That is a question that should be resolved by the trier of fact after hearing the evidence. 1 . See Cross v. Ledford, 161 Ohio St. 469, 120 N.E.2d 118, 122 (1954) Options: A. holding that an antitrust injury is a necessary element of a 2 claim B. holding that fraud claim requires proof that the defendant made a material representation that was false C. holding that the offense requires that the return be false as to a material matter D. recognizing that allegation of state action is a necessary element of a 1983 claim E. holding that a false representation of a material matter of fact is a necessary element of a rescission claim

assistant: The best answer is E. holding that a false representation of a material matter of fact is a necessary element of a rescission claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the jury as to the law applicable to the case but was not related to the burden of proof, was cured by the trial court’s instruction to the jury correctly advising it of the applicable law. See Souvorin v. Lerich, 180 So.2d 180 (erroneous admission into evidence of county ordinance which effectively authorized the jury to conclude that the plaintiff, as a pedestrian, had the right-of-way was cured, inter alia, by court’s instruction informing jury that “the right of pedestrians and motor ists in a public street are [sic] equal and reciprocal,” id. at 182). The rule of Souvo-rin controls the present case. Affirmed. 1 . Defendant did not object on hearsay or other grounds. See Sikes v. Seaboard Coast Line Railroad Co., 429 So.2d 1216 (Fla. 1st DCA), rev. denied, 440 So.2d 353 (Fla.1983) (<HOLDING>). 2 . The trial court did instruct the jury Options: A. holding that a violation of the hearsay rule was harmless B. holding florida drivers handbook hearsay and not within any recognized exception to hearsay rule C. recognizing that the united states constitution may require courts to admit exculpatory hearsay statements that do not fall within any recognized hearsay exception D. holding that victims statements were hearsay admissible under the state of mind exception to the hearsay rule and constitutionally permissible under ohio v roberts citations omitted E. holding that an objection on hearsay grounds did not preserve for appeal an exception to the hearsay rule that was not specifically raised

assistant: The best answer is B. holding florida drivers handbook hearsay and not within any recognized exception to hearsay rule
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: To the extent permitted by law, any provision of any Loan Document held to be invalid, illegal or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity, illegality or unenforceability without affecting the validity, legality and enforceability of the remaining provisions thereof; and to the extent permitted by law the invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction.

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 case excerpt and choose the best holding from the options. Case excerpt: stolen enclosed trailer, the snowmobile, the Polaris ATV, and the Honda ATV, contrary to Section 30-16D-4(A). {38} IT IS SO ORDERED. JAMES J. WECHSLER, Judge WE CONCUR: CYNTHIA A. FRY, Judge J. MILES HANISEE, Judge 1 NMSA 1978, Section 66-1-4.19 (B) (2005) defines “vehicle” as “every' device in, upon or by which any person or property is or may be transported or drawn upon a highway].]” A “motor vehicle” is defined as “every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from batteries].]” NMSA 1978, Section 66-1-4.11(H) (2007). State v. Richardson, 1992-NMCA-041, ¶ 5, 113 N.M. 740, 832 P.2d 801 (“[A] ‘motor vehicle’ is but a subset or subgroup of the larger category ‘vehicle’].]”); cf. State v. Natoni, 2012-NMCA-062, ¶ 14, 282 P.3d 769 (<HOLDING>). 2 Sanchez involved a trial court’s dismissal Options: A. holding that plaintiff who slipped and fell on ice while securing cars on his employers motor vehicle carrier preparing to travel was very close to the vehicle and engaged in a task related to the vehicle and therefore was an occupier of a motor vehicle B. holding that to be convicted under dwi statute a person must be driving or in actual physical control of the vehicle but motion of the vehicle is not necessary C. holding that the sensible and popular understanding of what a motor vehicle accident entails necessarily involves the motor vehicle being operated as a motor vehicle D. holding that an atv qualifies as a vehicle for purposes of section 661419b and the motor vehicle codes dwi statute nmsa 1978 668102a 2010 E. holding that the statute qualifies as an exemption 3 statute

assistant: The best answer is D. holding that an atv qualifies as a vehicle for purposes of section 661419b and the motor vehicle codes dwi statute nmsa 1978 668102a 2010
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: various policymaking county officials who “combined to create an official County policy of illegal retaliation against plaintiffs based on racial motivations.” See Plaintiffs’ Opposing Memorandum, pg. 21. In plaintiffs view, evidence of this retaliatory policy is established primarily by initially awarding the GPP contract to another vendor (although plaintiffs were ultimately awarded the contract), ordering minuscule amounts of the product, and a derogatory statement made by Rodriguez, an individual who is not even a party to this case. These incidents, however, fail to constitute a custom or policy of retaliation “so permanent and well settled ... with the force of law.” See City of St. Louis v. Praprotnik, supra. See e.g., Hamilton v. Rodgers, 791 F.2d 439, 443 (5th Cir.1986) (<HOLDING>). Moreover, plaintiffs fail to present any Options: A. holding that two separate incidents of rape were perpetrated against the same victim where an appreciable period of time elapsed between the incidents and intervening events occurred during the interim B. holding that a dozen racial incidents over a two and one half year period were too few to constitute a custom with the force of law C. holding that five alleged incidents in four years were too few too separate in time and too mild to create an abusive working environment D. holding that two incidents of alleged excessive force are insufficient to show policy or custom E. holding that only two overtly racial comments and one arguably racial remark over the course of the plaintiffs eight years of employment did not constitute pervasive conduct

assistant: The best answer is B. holding that a dozen racial incidents over a two and one half year period were too few to constitute a custom with the force of law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (Univ. of Chicago Press ed. 1979) ("The lea[s]t touching of another’s per[s]on wilfully, or in anger, is a battery; for the law cannot draw the line between different degrees of violence, and therefore totally prohibits the fir[s]t and lowe[s]t [s]tage of it: every man’s per[s]on being [s] acred, and no other having a right to meddle with it, in any the [s]lighte[s]t manner.”) (alterations from Old English). 8 . We are not persuaded by respondent's reliance on a First Circuit case interpreting “physical force,” in a federal statute prohibiting possession of a firearm by one previously convicted of a crime of domestic violence, 18 U.S.C. § 922(g)(9), to include all physical force, regardless of its propensity to cause injury. See United States v. Nason, 269 F.3d 10, 16-18 (1st Cir.2001) (<HOLDING>). Nason addressed a Maine assault statute that Options: A. holding force to be an element of pre1994 amendment 111 which may be satisfied by proof of force or threat of force B. holding that expert testimony on what constitutes deadly physical force and whether the use of force was justified should have been excluded C. recognizing that an arrest requires either physical force or where physical force is absent submission to the assertion of authority D. holding that congress intended the phrase physical force incorporated into 922g9 to encompass crimes characterized by the application of any physical force E. holding iowa common law touching assault met use of physical force required for enhancement under 18 usc 922g9 be cause any physical contact by necessity requires physical force to complete

assistant: The best answer is D. holding that congress intended the phrase physical force incorporated into 922g9 to encompass crimes characterized by the application of any physical force
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any provisions of this Agreement which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

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 case excerpt and choose the best holding from the options. Case excerpt: no requirement that a sentencing judge impose the PRS or announce it, at sentencing or otherwise.” Scott v. Fischer, 616 F.3d 100, 103 (2d Cir.2010) (footnotes omitted). 2 . Defendants argue that Plaintiff does not challenge the imposition of PRS, merely the means by which is it was imposed, and that, consequently, Heck does not apply. (Defs.’ Reply Mem. of Law in Further Supp. of their Mot. to Dismiss the Compl. ("Defs.’ Reply Mem.”) 11.) First, as discussed above, this is an incorrect characterization of the Complaint. Second, even accepting Defendants’ characterization of the Complaint, the very case cited by the Defendants supports a conelusion that Plaintiff’s § 1983 claims are timely. See Rodriguez v. Fischer, No. 08-CV-4662, 2010 WL 438421, at *4 (E.D.N.Y. Feb. 3, 2010) (<HOLDING>). 3 . Before Earley, New York state courts had Options: A. holding that a complaint filed within three years of an accident complied with the michigan court rules and was not barred by the statute of limitations even though service was made more than three years after the accident B. holding that for purposes of longarm jurisdiction because plaintiff was employed in new york the original event causing his injury occurred in new york C. holding that new york statute of limitations for 1983 actions was three years D. holding that where the issue of sanctions was not before the court of appeals when the appeal was filed the district court retained jurisdiction E. holding that a plaintiff challenging the administrative imposition of a period of postrelease supervision could not have been aware of his injury until april 29 2008 when the new york court of appeals proscribed the practice and that as the complaint in that case was filed less than three 3 years later it was not timebarred

assistant: The best answer is E. holding that a plaintiff challenging the administrative imposition of a period of postrelease supervision could not have been aware of his injury until april 29 2008 when the new york court of appeals proscribed the practice and that as the complaint in that case was filed less than three 3 years later it was not timebarred
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, as applied to contracts between Delaware residents entered into and to be performed entirely within such state without giving effect to the principles of conflicts of choice of laws of such state or any other jurisdiction that would require the application of the laws of another jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is admissible). The designated evidence submitted in the present ease revealed that the personal injuries suffered by Rainwater in the accident caused severe pain and prevented him from working resulting in severe depression and an addiction to pain medication. Shortly before the suicide, Rainwater called 911, strangled and beat his former spouse, and tried to set the house on fire. After being arrested, Rainwater beat his head and hands on the door of his cell until police subdued him with foam. After that, Rainwater hanged himself in his cell. The resolution of the present case hinges upon determinations of proximate cause and decedent’s state of mind, matters which ordinarily must be decided by the jury and not by way of summary judgment motion. See McKinney, 597 N.E.2d at 1005-06 (<HOLDING>); Nelson, 634 N.E.2d at 512 (holding that issue Options: A. holding that courts should require very little evidence to survive summary judgment in a discrimination case because the ultimate question is one that can be resolved only through a searching inquiry one that is most appropriately conducted by the factfinder upon a full record B. holding that credibility determinations should not be resolved at the summary judgment stage C. holding that issue of whether death was proximately caused by intervenihg and superseding cause was not appropriately resolved by summary judgment D. holding that whether pleadings fail to state a cause of action may not be resolved by summary judgment E. holding that the issue of defendants actual knowledge should not be resolved on summary judgment but should be left to the trier of fact

assistant: The best answer is C. holding that issue of whether death was proximately caused by intervenihg and superseding cause was not appropriately resolved by summary judgment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Letter Agreement (or any portion thereof) or the application of any such provision (or any portion thereof) to any Person or circumstance shall be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof (or the remaining portion thereof) or the application of such provision to any other Persons or circumstances.

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: During the Employment Period, the Executive shall be eligible to participate in any non-qualified deferred compensation plan and/or qualified retirement plan of the Company (collectively, the “ U.S. Savings Plans ”) and any additional welfare benefit plans, practices, policies and programs provided by the Company, if any, to the extent available to similarly-situated employees in the United States and subject to eligibility requirements and terms and conditions of each such plan; provided, however , that nothing herein shall limit the ability of the Company to amend, modify or terminate any such benefit plans, policies or programs at any time and from time to time. Employee remains eligible for vested benefits in accordance with existing retiree benefits in accordance with those established policies, plans and procedures.

assistant: Benefits
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 IRREVOCABLY AND UNCONDITIONALLY AGREES THAT IT WILL NOT COMMENCE ANY ACTION, LITIGATION OR PROCEEDING OF ANY KIND OR DESCRIPTION, WHETHER IN LAW OR EQUITY, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, AGAINST THE ADMINISTRATIVE AGENT, ANY LENDER, OR ANY RELATED PARTY OF THE FOREGOING IN ANY WAY RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS RELATING HERETO OR THERETO, IN ANY FORUM OTHER THAN THE COURTS OF THE STATE OF NEW YORK SITTING IN NEW YORK COUNTY AND OF THE UNITED STATES DISTRICT COURT OF THE SOUTHERN DISTRICT OF NEW YORK, AND ANY APPELLATE COURT FROM ANY THEREOF, AND EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE JURISDICTION OF SUCH COURTS AND AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION, LITIGATION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN SUCH FEDERAL COURT. EACH OF THE PARTIES HERETO AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION, LITIGATION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS AGREEMENT OR IN ANY OTHER LOAN DOCUMENT SHALL AFFECT ANY RIGHT THAT THE ADMINISTRATIVE AGENT, ANY LENDER MAY OTHERWISE HAVE TO BRING ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AGAINST THE BORROWER OR ITS PROPERTIES IN THE COURTS OF ANY JURISDICTION.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller, has the full power and authority to enter into, and perform its obligations under, this Agreement and the other agreements, documents and instruments entered into by such person in connection with this Agreement (this Agreement together with such other agreements, documents and instruments collectively, the "Seller Agreements") without the consent of any person, entity or court, agency or authority. The Seller Agreements constitute, or will, when executed and delivered, constitute the valid and legally binding obligations of Seller, enforceable against it in accordance with their respective terms. Seller's Authority; Validity of Agreements. Seller has full right, power and authority to sell, transfer and convey the Membership Interest to Buyer as provided in this Agreement, to carry out its obligations hereunder and to execute, deliver and perform, and enter into and consummate, all of the documents and transactions contemplated by this Agreement. This Agreement is, and all instruments, documents and agreements to be executed by Seller in connection herewith shall be, duly authorized, executed and delivered by Seller and shall be valid, binding and enforceable obligations of Seller.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: doing so while driving a car from which his identity might easily be traced, the informant was in a position to be held accountable for his intervention.” In addition to having an even stronger basis than in Marben for thinking the informant credible, the officer had information as solid as that in Marben for thinking that the informant had obtained her information in a reliable way. Clearly, either the informant or the driver had seen the car in question drive through the red light. Under the circumstances, we conclude, as we did in Marben, that the officer was as justified in stopping the car to investigate the violation as if he himself has seen the violation. Reversed and judgment of conviction reinstated. 1 . Cf., State v. Lindquist, 295 Minn. 398, 400, 205 N.W.2d 333, 335 (1973) (<HOLDING>); State v. Williams, 638 S.W.2d 417, 420 Options: A. holding that the officer played no role in the prosecution because the police report provided to the prosecutor did not contain false information B. holding that information from confidential informant was reliable and credible where affidavit referred to previous instances in which informant provided correct information to police affiants own investigation and controlled buy of contraband confirmed information and second informant supplied same information to police C. holding that because the court could not consider police reports it could not rely on an attorneys argument based on the police report as the basis for determining the statutory basis for a conviction D. holding a fact question exists regarding probable cause where a citizen provided inaccurate information to the police and the police made an arrest without conducting a reasonable investigation E. holding that police were justified in arresting person on basis of information provided directly to police by named citizen informer reliance on the information was justified in part because the informant by giving her name presumably knew that the police could arrest her for making a false report

assistant: The best answer is E. holding that police were justified in arresting person on basis of information provided directly to police by named citizen informer reliance on the information was justified in part because the informant by giving her name presumably knew that the police could arrest her for making a false report
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) Unless previously terminated, (i) the Tranche B Term Loan Commitments shall terminate at 2:00 p.m. (Chicago time) on the Effective Date and (ii) the Revolving Commitments shall terminate on the Maturity Date applicable thereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in the record that could have led a reasonable person to believe that any of the plaintiffs had the specific intent to further the PFLP’s unlawful aims.” The government does not contest this finding. Accordingly, for the purposes of the First Amendment analysis, we assume that the Plaintiffs did not possess specific intent. The government now tries to evade the specific intent standard we articulated in American-Arab I. Relying on the new evidence of fundraising activity, the government contends that a more relaxed First Amendment inquiry is appropriate. Because activity, rather than mere association, is at issue, the government maintains that the case should be analyzed under the standard set forth in United States v. O’Brien, 391- U.S. 367, 88 S.Ct. 1673, 20 L.Ed.2d 672 (1968) (<HOLDING>). Yet in Americarir-Arab I we already Options: A. holding that government has more latitude in restricting expressive conduct than in curtailing pure speech B. holding that participating in community service is not expressive conduct C. holding that the video games at issue are expressive and qualify as speech for purposes of the first amendment D. holding that more than notice to a defendant is required E. recognizing that code is speech

assistant: The best answer is A. holding that government has more latitude in restricting expressive conduct than in curtailing pure speech
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 questions concerning the construction, validity, enforcement and interpretation of this Note shall be governed by and construed and enforced in accordance with the internal laws of the State of New York, without regard to the principles of conflict of laws thereof. Each party agrees that all legal proceedings concerning the interpretation, enforcement and defense of the transactions contemplated by any of the Transaction Documents (whether brought against a party hereto or its respective Affiliates, directors, officers, shareholders, employees or agents) shall only be commenced in the state and federal courts sitting in New York, New York (the “New York Courts”). Each party hereto hereby irrevocably submits to the exclusive jurisdiction of the New York Courts for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein (including with respect to the enforcement of any of the Transaction Documents), and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of such New York Courts, or such Courts are improper or inconvenient venue for such proceeding. Each party hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Note and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by applicable Law. Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable Law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Note or the transactions contemplated hereby.

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 legal provision and list the applicable contract clause categories. Provision: As of the Restatement Effective Date, (a) Horizon TFC hereby resigns as the Collateral Agent under the Original Credit Agreement and shall have no further obligations under the Loan Documents in such capacity; (b) the Lenders hereby appoint Molteni as Collateral Agent under this Agreement and the other Loan Documents; (c) the Borrower hereby consents to the appointment of Molteni as the Collateral Agent; and (e) Molteni hereby accepts its appointment as Collateral Agent.

assistant: Consents
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 provided in this Agreement, all management powers over the business, property and affairs of the Company are exclusively vested in a board of Managers (the “ Board of Managers ”), and no Member shall have any right to participate in or exercise control or management power over the business and affairs of the Company or otherwise to bind, act or purport to act on behalf of the Company in any manner. Subject to the limitations set forth in this Agreement, the Board of Managers shall have all the rights and powers that may be possessed by a manager under the Act, which shall include, without limitation, the power to incur indebtedness, the power to enter into agreements and commitments of all kinds, the power to manage, acquire and dispose of Company Assets, and all ancillary powers necessary or convenient as to the foregoing. Unless authorized by a vote of the Board of Managers or otherwise set forth in this Agreement, no individual Manager may act for the Board of Managers or have authority to bind the Company. The Managers shall devote such time to the business and affairs of the Company as is reasonably necessary for the performance of their duties, but shall not be required to devote full time to the performance of such duties.

assistant: Powers
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: pulled her vehicle to the side of the highway of her own volition and (2) police officers observed numerous signs of intoxication before they detained her. As did the trial court, we review the entire record to determine whether DMV’s order is supported by substantial evidence. ORS 813.450(4)(c). We conclude that it is and reverse and remand with instructions to reinstate DMV’s order. DMV suspended petitioner’s driving privileges after she was arrested for driving under the influence of intoxicants (DUII) and refused to take a breath test. Petitioner timely requested a hearing to challenge the suspension. At the hearing, she argued that police officers unlawfully stopped her and that the suspension was therefore invalid. See Pooler v. MVD, 306 Or 47, 51-52, 755 P2d 701 (1988) (<HOLDING>). Officer Swafford, the arresting officer, was Options: A. holding that an initially lawful terry stop can be converted into a fullfledged arrest for which probable cause is required but noting that there is no bright line rule for determining when an investigatory stop crosses the line and becomes an arrest B. holding that an officer may search a suspects vehicle incident to a lawful arrest C. holding that an arrest occurred despite an officers testimony that the accused was only detained prior to a breath test D. holding that an unlawful stop may invalidate an ensuing arrest and that without a valid arrest there can be no request to take a breath test which may lead to a lawful suspension E. holding that a defendants response to even an invalid arrest or terry stop may constitute independent grounds for arrest

assistant: The best answer is D. holding that an unlawful stop may invalidate an ensuing arrest and that without a valid arrest there can be no request to take a breath test which may lead to a lawful suspension