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: Subject to the terms and conditions set forth herein, the Company shall engage the Advisor, at its request, during the Advisory Period to provide the Company or its subsidiaries or affiliates with the services set forth on the attached Schedule A (the Services ). Advisor hereby accepts such engagement. The duties and responsibilities of the Advisor shall include such duties and responsibilities as the Company may from time to time reasonably assign to the Advisor, as initially specified on Schedule A.

assistant: General
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: evidence that the defendant committed similar acts in the past that were not charged in the Indictment.” But DeFoggi himself requested an instruction that included the language he now objects to, and his objection is therefore waived. See United States v. Davis, 826 F.3d 1078, 1082 (8th Cir.2016) (“When a party expressly agrees to an instruction, the doctrine of invited error applies,-and any objection to the instruction is waived.” (citations omitted)). Even if this issue were properly before us, De-Foggi fails to offer any argument as to why the objected-to language is erroneous. See United States v. Byrd, 542 F.2d 1026, 1029 (8th Cir. 1976) (citing United States v. Phillips, 522 F.2d 388, 391 (8th Cir. 1975)); see also Ahlberg v. Chrysler Corp., 481 F.3d 630, 634 (8th Cir. 2007) (<HOLDING>); United States v. Cruz-Zuniga, 571 F.3d 721, Options: A. holding that issues not specifically raised and argued in a partys opening brief are waived B. holding points not meaningfully argued in opening brief are waived C. holding that issues which are not specifically raised and argued in a partys opening brief are waived D. holding issues which are not specifically raised and argued in a partys opening brief are waived E. holding issues that are not specifically raised and argued in a partys opening brief are waived

assistant: The best answer is B. holding points not meaningfully argued in opening brief are waived
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: Consultant shall begin providing Services hereunder on January 1, 2017 (the “ Effective Date ”), and this Agreement shall remain in effect until December 31, 2020 (the “ Term ”), provided the Company shall be able to terminate this Agreement with ten (10) days prior notice upon the material breach of any term or condition hereof by the Consultant, and this Agreement shall terminate (a) immediately upon the death or disability of Consultant; or (b) ninety days after written notice of a Party’s intention to terminate this Agreement is provided to the non-terminating Party.

assistant: Terms
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 any amendments, waivers, consents or supplements hereto may be executed in counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all taken together shall constitute a single contract. Delivery of an executed counterpart of a signature page to this Agreement by facsimile or in electronic (i.e., “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement. This Agreement and the other Loan Documents constitute the entire contract among the parties with respect to the subject matter hereof and supersede all previous agreements and understandings, oral or written, with respect thereto.

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: The Bank agrees to employ Executive, and Executive agrees to be employed as Executive Vice President & General Counsel of the Bank and Executive Vice President & General Counsel of publicly traded Eagle Bancorp, Inc. (“Bancorp”), subject to the terms and provisions of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: look to the market rates currently “prevailing in the community for similar services by lawyers of reasonably comparable skill, experience, and reputation.” See Gierlinger v. Gleason, 160 F.3d 858, 882 (2d Cir.1998). Since this case was brought in the Southern District of New York, the relevant community to which the Court should look is Manhattan civil rights attorneys. See Moon v. Kwon, 2002 WL 31512816, at *1-2, 2002 U.S. Dist. LEXIS 21775, at *4-5 (S.D.N.Y. Nov. 8, 2002) (considering rates for civil rights attorneys in a Fair Labor Standards Act case) citing Marisol A. v. Giuliani, 111 F.Supp.2d 381, 386 (S.D.N.Y.2000). This is true even though this particular case was litigated in the White Plains courthouse. See Stewart v. Barclay’s Business Credit, 860 F.Supp. 150 (S.D.N.Y.1994) (<HOLDING>). In this case, Plaintiffs attorneys are Options: A. recognizing forum selection clause providing that no such claim shall be commenced prosecuted or continued in any forum other than the courts of the state of new york located in the city and county of new york or in the united states district court for the southern district of new york as clear and unambiguous expression of parties selection of exclusive forum in affirming district courts dismissal of action commenced in united states district court for the district of new jersey B. recognizing the time honored practice of applying new york city rates in calculating attorneys fees throughout the southern district of new york including in counties north of the city C. holding that judge in southern district of new york could authorize wiretap in maryland D. holding that the magistrate judge did not abuse her discretion in considering the prevailing hourly rates in the southern district of new york when awarding attorneys fees E. holding that new york city agencies cannot be sued

assistant: The best answer is B. recognizing the time honored practice of applying new york city rates in calculating attorneys fees throughout the southern district of new york including in counties north of the city
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 Executive’s Involuntary Termination, at any time after the date hereof, the vesting and exercisability of all then outstanding stock options, all outstanding shares of restricted stock (or any other equity award, including, without limitation, stock appreciation rights and restricted stock units) granted to the Executive under any Company Plans shall be accelerated as to 100% of the shares subject to any such equity awards granted to the Executive. In addition, the Exercise Period under the Company Plans for the purposes of the Executive’s stock options granted under the Company Plans shall be extended so as to expire on the last day of the term applicable to such stock option, as measured from the date of Involuntary Termination.

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 legal provision and list the applicable contract clause categories. Provision: Executive's or Corporation's failure to insist upon strict compliance with any provision of this Agreement, or the failure to assert any right Executive or Corporation may have hereunder, will not be deemed to be a waiver of such provision or right or any other provision of or right under 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 legal provision and list the applicable contract clause categories. Provision: This Agreement represents the complete agreement among Schmitz and the Company concerning the subject matter hereof and supersedes all prior agreements and understandings, written or oral, between Schmitz and any member of the Company concerning the subject matter of this Agreement except those provisions of the Employment Agreement which survive the “Termination Date” as set forth in the Employment Agreement. No attempted modification or waiver of any of the provisions of this Agreement shall be binding on any party hereto unless in writing and signed by Schmitz and the Company. This Agreement is binding upon and inures to the benefit of the parties’ heirs, successors and permitted assigns.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by § 1983. See Carlson, 446 U.S. at 19-22, 100 S.Ct. at 1472-73; Robertson v. Wegmann, 436 U.S. 584, 590-91, 98 S.Ct. 1991, 1995, 56 L.Ed.2d 554 (1978). Section 1983 provides that one who under the color of any state law deprives another of rights guaranteed by the United States Constitution shall be Hable in an action at law or equity. Id. Our analysis focuses on two questions. First, we must determine whether there is an impUed private right of action for damages against governmental entities for violations of the Texas Constitution. Second, we must decide whether we may look to the Constitution to define the element of duty for a Texas common law cause of action. A. Because Texas has no provision comparable to § 1983, the first question must be answered 652, 459 N.E.2d 453 (1983) (<HOLDING>); Rockhouse Mountain Property Owners Ass’n v. Options: A. holding that when there are no other remedies it is appropriate for the courts to imply one under the state constitution B. holding that because of statutory remedial scheme court would not imply a cause of action arising directly under the state constitution C. recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution D. holding that deprivation of personal property does not violate the constitution if there are adequate state remedies available E. holding that the remedies are exclusive

assistant: The best answer is A. holding that when there are no other remedies it is appropriate for the courts to imply one under the state constitution
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: To the fullest extent permitted by law, CORE shall, at its sole respective cost and expense, defend, protect, indemnify, and hold harmless JEX, its partners and its and their respective officers, attorneys, agents, employees, successors, and assigns (collectively, “JEX Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, expert witnesses, or other professionals and all costs associated therewith (collectively, “Claims”), resulting from any negligent act, error, omission or failure to act by CORE (“CORE Indemnitor”) or, as applicable, its officers, agents, servants, employees, subcontractors, material men, suppliers or their respective officers, agents, servants or employees in connection with, resulting from, or related to this Agreement. Subject to paragraph 10 below, to the fullest extent permitted by law, JEX shall, at its sole cost and expense, defend, protect, indemnify, and hold harmless CORE and its officers, attorneys, agents, employees, successors, and assigns (collectively, “CORE Indemnitees” and together with the JEX Indemnitees, the “Indemnitees”) from and against any and all Claims resulting from any acts constituting bad faith, willful misconduct or gross negligence by JEX (“JEX Indemnitor” and together with CORE Indemnitor, “Indemnitor”) or, as applicable, its officers, agents, servants, employees, subcontractors, material men, suppliers or their respective officers, agents, servants or employees in connection with, resulting from, or related to this Agreement. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or at equity. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys’ fees and costs incurred in enforcing this indemnification provision. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. This indemnity provision shall survive the termination of this Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.

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: Any notice required to be delivered to the Company under this Agreement shall be in writing and addressed to the General Counsel of the Company at the Company's principal corporate offices. Any notice required to be delivered to the Grantee under this Agreement shall be in writing and addressed to the Grantee at the Grantee's address as shown in the records of the Company. Either party may designate another address in writing (or by such other method approved by the Company) from time to time.

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 case excerpt and choose the best holding from the options. Case excerpt: essential element of an elevated breath alcohol level. Consequently, he contends that the judge’s ruling was essentially a determination that the exclusion of the BAT results left the State without sufficient proof to convict Defendant of the DWI charge, and that this constituted an adjudication of his innocence. Defendant also asserts that the judge’s oral comments that he had “reasonable doubt” and that he found Defendant “not guilty” further indicate that the judge deliberated on the merits of the case and acquitted Defendant of the DWI charge. Defendant does not, however, argue that the judge expressly ruled that Defendant was acquitted of the charges, nor would the record support such an assertion. See County of Los Alamos v. Tapia, 109 N.M. 736, 741, 790 P.2d 1017, 1022 (1990) (<HOLDING>). {20} The State concedes that jeopardy Options: A. recognizing that when a cause of action is reduced to a judgment the cause of action is merged into the judgment and thereafter only an action on the judgment exists B. recognizing that an actual express judgment of acquittal precludes retrial regardless of any defects in the process leading to the judgment C. holding that defects in service of process must be raised in preliminary objections D. holding on summary judgment that an attorney who failed to timely file an answer leading to a default judgment was on notice that a malpractice claim might be filed against him E. recognizing that an appeal from a final judgment permits an attack against any nonfinal order or ruling leading up to it

assistant: The best answer is B. recognizing that an actual express judgment of acquittal precludes retrial regardless of any defects in the process leading to the 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 case excerpt and choose the best holding from the options. Case excerpt: as not providing coverage to securities transactions); Spinner Corp. v. Princeville Development Corp., 849 F.2d 288 (9th Cir. 1988) (same result in construing similar provisions in Hawaii’s statute). Skinner and Lindner gave another reason for not applying the Act to securities transactions. This was that to extend the Act to securities transactions would create overlapping supervision, enforcement, and liability in this area, which is already pervasively regulated by state and federal statutes and agencies. The courts concluded there is enough legislative apparatus already in place to govern securities transactions without also applying the Act. Cf. Bache Halsey Stuart, Inc. v. Hunsucker, 38 N.C. App. 414, 248 S.E.2d 567 (1978), disc. rev. denied, 296 N.C. 583, 254 S.E.2d 32 (1979) (<HOLDING>). These cases are pertinent because we believe Options: A. holding that injuries covered by the act are not limited to external traumatic injuries B. holding for similar though not identical reasons that commodities transactions are not covered by the act C. holding that an identical or nearly identical limitation of liability clause was valid and enforceable under georgia law D. holding outofcourt statements relating to reasons for investigation are not admissible where the reasons for the investigation are not at issue E. holding that an order was final for these identical reasons

assistant: The best answer is B. holding for similar though not identical reasons that commodities transactions are not covered by the act
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 actual unpaid net earnings to Gerson under the contract to be $549,000.00. Samek, in defending the action, also retained a certified public accountant who concluded that Samek owed Gerson no fees under the contract sued upon. The jury, in a special verdict form, found that Gerson had an oral con CA 1995); see also Miami Herald Publishing Co. v. Frank, 442 So.2d 982, 983 (Fla. 3d DCA 1983) (“It is not the function of an appellate court to reevaluate the evidence and substitute its judgment for that of the jury.”). We likewise affirm the award of prejudgment interest. See Argonaut Ins. Co. v. May Plumbing Co., 474 So.2d 212, 214 (Fla. 1985) (“[Pjrejudgment interest is merely another element of pecuniary damages.”); see also Parker v. Brinson Constr. Co., 78 So.2d 873, 874 (Fla.1955) (<HOLDING>); Celotex Corp. v. Buildex, Inc., 476 So.2d Options: A. holding that award and rate of prejudgment interest are within trial courts discretion B. holding that wife was entitled to prejudgment interest on alimony and child support arrearages from the date those payments were due C. holding that the proper rate for prejudgment interest is the rate fixed by the parties in a contract D. holding that where agreement stated that the employer shall not have any legal or equitable right title or interest in certain monies such monies were plan assets E. holding that it is proper to award prejudgment interest at the legal rate from the date the monies were due under the contract

assistant: The best answer is E. holding that it is proper to award prejudgment interest at the legal rate from the date the monies were due under the contract
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term and for three (3) years after such Term, the Employee shall disclose to any Person that he intends to be employed by, associated with or represent and that is engaged in a business that is competitive to the Business, the Employee’s continuing obligations to the Company pursuant to Sections 3 and 5 .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we may cancel , suspend , or terminate your account and your access to your trading items , virtual money , virtual goods , the content , or the services , in our sole discretion and without prior notice , including if ( a ) your account is inactive ( i.e. , not used or logged into ) for one year ; ( b ) you fail to comply with these terms ; ( c ) we suspect fraud or misuse by you of trading items , virtual money , virtual goods , or other content ; ( d ) we suspect any other unlawful activity associated with your account ; or ( e ) we are acting to protect the services , our systems , the app , any of our users , or the reputation of niantic , tpc , or tpci .

assistant: Content removal, Unilateral termination
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 certificate furnished by the Borrower or any Borrower Subsidiary to the Lender pursuant hereto shall prove to have been incorrect in any material respect or any of the representations and warranties made by the Borrower or any Borrower Subsidiary herein or in connection herewith shall prove to have been incorrect in any material respect when made, or shall hereafter become incorrect in any material respect.

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: proven that the child has the capacity to form criminal intent, and that felony murder based on this statute should not apply to children under fourteen tried as an adult because children of this age cannot reasonably be held criminally responsible as an adult for aggravated child abuse. The amicus briefs filed in this appeal address several sociological and scientific principles and argue that there is no proof that a' child of Tate’s age possesses an adult capacity to form a criminal intent. The legislature, however,'has supplanted the common law defense of’“infancy” with a statutory scheme, which includes section 985.225, specifying when a juvenile is capable of committing a crime under which he or she should be treated as an adult. See State v. D.H., 340 So.2d 1163, 1165 (Fla.1976)(<HOLDING>). The state also notes that not only is there Options: A. holding that the common law presumption of incapacity of a minor between the ages of seven and fourteen years to commit a crime no longer applies B. recognizing presumption C. holding that although the presumption of correctness applies to the ultimate classification decision the presumption carries no force as to questions of law D. holding that a common law presumption of death is triggered after an absence of seven years E. holding that the crime of attempted felony murder no longer existed in florida

assistant: The best answer is A. holding that the common law presumption of incapacity of a minor between the ages of seven and fourteen years to commit a crime no longer applies
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 3 ( d ) hereto, the Company hereby represents and warrants to each Purchaser that the Company’s representations and warranties listed in Section 3.1 of the Purchase Agreement are true and correct as of the date hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the parties hereto shall preserve, until at least the fifth (5 th ) anniversary of the Closing Date or longer period as may be required by law, all pre-closing records possessed or to be possessed by such party relating to Seller or the Business. After the Closing Date and up until at least the fifth (5 th ) anniversary of the Closing Date, upon any reasonable request from a party hereto or its representatives, the party holding such records shall (x) provide to the requesting party or its representatives reasonable access to such records during normal business hours and (y) permit the requesting party or its representatives to make copies of such records, at the requesting party’s or its representatives’ cost. Such records may be sought under this ‎Section 6.11 for any reasonable purpose including to the extent reasonably required in connection with the audit, accounting, tax, litigation, federal securities disclosure or other similar needs of the party seeking such records.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the period of this Agreement, Executive shall receive a minimum annual base salary: $365,000. Executive’s annual base salary shall be reviewed by the Supervisory Board of Directors (or a committee thereof) or by the Chief Executive Officer on an annual basis, and, in the sole discretion of the Supervisory Board of Directors (or such committee) or the Chief Executive Officer, such annual base salary may be increased, but not decreased no less than once every calendar year. Executive’s annual base salary shall be paid in equal installments in accordance with Company’s standard policy regarding payment of compensation to executives but no less frequently than monthly.

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: No waiver by any Person of any default by any Partner or Partners in the performance of any provision, condition or requirement herein shall be deemed to be a waiver of, or in any manner release, the said Partner or Partners from performance of any other provision, condition or requirement herein; nor shall such waiver be deemed to be a waiver of, or in any manner a release of, said Partner or Partners from future performance of the same provision, condition or requirement. Any delay or omission of any Partner to exercise any right hereunder shall not. impair the exercise of any such right, or any like right, accruing to it thereafter., No waiver of a right created by this Agreement by one or more Partners shall constitute a waiver of such right by the other Partners except as may otherwise be required by law with respect to Persons not parties hereto., The failure of one or more Partners to perform its or their obligations hereunder shall not release the other Partners from the performance of such obligations.

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: for Sixth Amendment purposes. The court noted that the “Sixth Amendment protections can be bypassed[ ][i]f the defendant ... admits the fact otherwise committed to the jury.” Id. at 387. A defendant may admit facts through “guilty pleas and stipulations, a defendant’s own statements in open court, and representations by counsel.” United States v. Revels, 455 F.3d 448, 450 (4th Cir.2006) (citations omitted). “Any admission of fact must, of course, be of sufficient clarity and kind to justify taking the fact from the jury.” Milam, 443 F.3d at 387. Whether a defendant has admitted a fact for Booker purposes depends upon where a defendant’s “verbalizations ... fall along a spectrum” from silence to “statements such as T admit,’ or the functional equivalent thereof.” Revels, 455 F.3d at 450 (<HOLDING>). Here, the presentence report attributed to Options: A. holding that sentencing court may not adopt facts from codefendants presentence report that was not disclosed to defendant B. holding that defendant did not admit facts supporting sentencing enhancement where he lodged blakely objection and replied no sir to courts inquiry as to whether he had objections to anything contained or omitted from the presentence report C. holding that appellant properly preserved booker claim by citing blakely in his written objections to the psi and reminding the court at sentencing of his blakely objection D. holding that the defendants prior conviction referenced in his presentence report could be taken as admitted because he had made no objection to the facts in his report E. holding that sentencing upon general remand is to be de novo requiring the district court to consider new objections to the presentence report

assistant: The best answer is B. holding that defendant did not admit facts supporting sentencing enhancement where he lodged blakely objection and replied no sir to courts inquiry as to whether he had objections to anything contained or omitted from the presentence 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 case excerpt and choose the best holding from the options. Case excerpt: Co. v. Kountz, 461 So.2d 802, 810 (Ala.1984), where he expressed concern that indiscriminate references to recklessness might cause .confusion that could lead to the imposition of liability for bad faith without proof of an intentional injury. 5 . Compare the reference to "rare and extreme cases” in Waldon v. Cotton States Mutual Insurance Co., 481 So.2d 340, 341 (Ala.1985), with the observation in United Insurance Co. of America v. Cope, 630 So.2d 407, 412 (Ala.1993), that rarity of bad-faith claims has not been the experience. 6 . We will not parse the record for evidence of mental anguish in an attempt to reduce the ratio between compensatory and punitive damages when the jury has not awarded damages for such harm. Compare Life Ins. Co. of Georgia v. Smith, 719 So.2d 797 (Ala.1998) (<HOLDING>). * Note from the reporter of decisions: On Options: A. holding that the court will not parse the record for evidence of compensatory or nominal damage to justify an award of punitive damages only B. holding that when compensatory damages are nominal a much higher ratio of punitive damages to compensatory damages can be contemplated C. holding that conduct must be beyond the fraud which supported compensatory damages to award punitive damages D. holding that a plaintiff who proves a cause of action under 1981 may recover punitive damages where the plaintiff is entitled to an award of compensatory damages even if nominal E. holding a court may not award punitive damages

assistant: The best answer is A. holding that the court will not parse the record for evidence of compensatory or nominal damage to justify an award of punitive damages only
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: impairment that substantially limits one or more of the major life activities of [an] individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. 42 U.S.C. § 12102(2) (2000). Arrington asserts that he meets either definition (A) or definition (B) because he suffers from diabetes. Specifically, he argues that this circuit held, in Gonzales v. City of New Braunfels, 176 F.3d 834, 837 (5th Cir.1999), that insulin-dependent diabetes is a “disability” as that term is defined in the ADA. SW Bell disagrees, and contends that Arrington must produce evidence suggesting that his diabetic condition “substantially limits” at least one of his “major life activities.” See 42 U.S.C. § 12102(2)(A); EEOC v. R.J. Gallagher Co., 181 F.3d 645, 655 (5th Cir.1999) (<HOLDING>). SW Bell correctly identifies the flaws in Options: A. holding that a plaintiffs ability to work is substantially limited when his impairment foreclosed him generally from obtaining jobs doing the type of work plaintiff has chosen as his field B. holding that plaintiff could not show that he was disabled because he conceded that he could do his job despite his impairment C. holding that 42 usc 405g may be equitably tolled based on a plaintiffs mental impairment D. holding that impairment has not substantially limited the major life activity of lifting where an individual could clean his dishes clean the yard bathe his dog do the groceries take out the garbage and prepare his own meals E. holding that for a plaintiff to prove that he has a record of impairment under 42 usc 121022b there must be a record of an impairment that substantially limits one or more of his major life activities

assistant: The best answer is E. holding that for a plaintiff to prove that he has a record of impairment under 42 usc 121022b there must be a record of an impairment that substantially limits one or more of his major life activities
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 Performance Guarantor also agrees to do all such things and execute all such documents as the Lender (as TPNA’s ultimate assignee) may reasonably consider necessary or desirable to give full effect to this Undertaking and to perfect and preserve its rights and powers hereunder.

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 legal provision and list the applicable contract clause categories. Provision: To the extent Agent is not reimbursed and indemnified by the Note Parties, each Purchaser will reimburse and indemnify Agent in proportion to its respective portion of the outstanding principal amount of the Notes, from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which may be imposed on, incurred by or asserted against Agent in performing its duties hereunder, or in any way relating to or arising out of this Agreement or any other Note Document; provided that, Purchasers shall not be liable for any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements resulting from Agent’s gross (not mere) negligence or willful misconduct (as determined by a court of competent jurisdiction in a final non-appealable judgment). The indemnities contained in this Section 14.6 shall survive the resignation or removal of the Agent and the termination of this Agreement and the other Note Documents.

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 case excerpt and choose the best holding from the options. Case excerpt: in recognition of the difficulty of ascribing meaning and conte ich came about as the result of significant negotiations, included a broad release “from any and all claims known or unknown, at law or in equity, and of any kind or nature whatsoever, that Branch has or may have____” This clear and unambiguous language, drafted by experienced commercial real estate investors and their attorneys, contains no exclusions or reservations whatsoever. {35} Moreover, as the district court found based on the undisputed facts, the context within which the Settlement Agreement was reached is further evidence that Branch intended to release Chamisa from claims for fraud. Concerned Residents of Sante Fe North, Inc. v. Santa Fe Estates, Inc., 2008-NMCA-042, ¶ 51, 143 N.M. 811, 182 P.3d 794 (<HOLDING>). This Court may look “outside the simple terms Options: A. holding that the court of appeals must consider and weigh all of the evidence and may only set aside the finding if the evidence is so weak or if the finding is so against the great weight and preponderance of the evidence that it is clearly wrong and unjust B. holding that to determine whether a statement was voluntary the court must consider the totality of all the surrounding circumstances both the characteristics of the accused and the details of the interrogation and decide whether a defendants will was overborne by the circumstances surrounding the giving of a confession C. holding that trial court may consider circumstances surrounding making of agreement in determining whether agreement is ambiguous and noting that ambiguity exists when language of agreement in and of itself supports reasonable interpretation distinct from reasonable interpretation reached when language is read in light of surrounding circumstances D. holding that the court may consider collateral evidence of the circumstances surrounding the execution of the agreement in determining whether the language of the agreement is unclear and if the evidence presented is so plain that no reasonable person could hold any way but one then the court may interpret the meaning as a matter of law E. holding that where the language of the contract is unambiguous and conveys a definite meaning the court may decide the meaning of the contract as a matter of law

assistant: The best answer is D. holding that the court may consider collateral evidence of the circumstances surrounding the execution of the agreement in determining whether the language of the agreement is unclear and if the evidence presented is so plain that no reasonable person could hold any way but one then the court may interpret the meaning as a matter 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: has the burden to show why the defendant’s voluntary absence at the trial after receiving actual notice of the trial date, time, and place, does not constitute a knowing and voluntary waiver of the right to be present. The State does not have the burden of proving that a defendant’s absence is unjustified. To the contrary, a defendant has the burden of proving the absence was justified. Where, as here, the record reflects that a defendant was informed in court of the time and place of trial, and he or she fails to appear and also fails to file the appropriate motion challenging the waiver, the failure to make the appropriate motion before the trial court constitutes a second waiver pursuant to Rule 3:16(b). See State v. Butler, 278 N.J.Super. 93, 101, 650 A.2d 397 (App.Div.1994) (<HOLDING>). We also reject as impractical, the Appellate Options: A. holding that another courts decision is a proper subject of judicial notice B. holding that erisa creates no private right of action C. holding that a reasonable inference need not be the sole possible inference D. holding that fraud creates an exception to the rule E. holding that absence following proper notice creates an inference of waiver

assistant: The best answer is E. holding that absence following proper notice creates an inference of waiver
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 not be assignable or otherwise transferable by a party without the prior written consent of the other parties, and any attempt to so assign or otherwise transfer this Agreement without such consent shall be void and of no effect. This Agreement shall be binding upon the respective heirs, successors, legal representatives and permitted assigns of the parties hereto. Nothing in this Agreement shall be construed as giving any Person, other than the parties hereto and their heirs, successors, legal representatives and permitted assigns, any right, remedy or claim under or in respect of this Agreement or any provision hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither any Loan Party nor any Subsidiary thereof is in default under or with respect to, or a party to, any Contractual Obligation that would, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. No Default has occurred and is continuing or would result from the consummation of the transactions contemplated by this Agreement or any other Loan Document.

assistant: No Defaults
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: his case. Although “[a] defendant’s right to counsel of his choice is not an absolute one,” United States v. Ostrer, 597 F.2d 337, 341 (2d Cir. 1979), we have consistently recognized that the right of a defendant who retains counsel to be represented by that counsel is “ ‘a right of constitutional dimension’.” United States v. Wisniewski, 478 F.2d 274, 285 (2d Cir. 1973), quoting United States v. Sheiner, 410 F.2d 337, 342 (2d Cir.), cert. denied, 396 U.S. 825, 90 S.Ct. 68, 24 L.Ed.2d 76 (1969). Hence we have observed that the “[cjhoice of counsel should not be unnecessarily obstructed by the court.” United States v. Bernstein, 533 F.2d 775, 788 (2d Cir. 1976), citing United States v. Sheiner, supra, 410 F.2d at 342. See also United States v. Bubar, 567 F.2d 192, 203 (2d Cir. 1977) (<HOLDING>); United States v. Armedo-Sarmiento, 524 F.2d Options: A. recognizing the right to counsel on appeal B. recognizing constitutional right to effective counsel C. recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel D. holding the trial court violated bradleys right to counsel of choice because none of the conditions identified in wheat as overriding the right to counsel of choice were present E. recognizing a defendants constitutional right to be represented by counsel of his own choice

assistant: The best answer is E. recognizing a defendants constitutional right to be represented by counsel of his own choice
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: detailed counsel’s failure to disclose the conflict rendered Appellant’s decision “uninformed and invalid” and violated his right to choice of counsel. No one, of course, would choose a conflicted or otherwise ineffective attorney, and under this logic every instance of conflict or deficient performance would constitute structural error and warrant reversal. But it has never been the case that the right to counsel of choice is violated by conflicted or ineffective counsel. Violations of the Sixth Amendment right to counsel of choice, and the attendant structural error and automatic reversal, occur when there is an erroneous deprivation of a defendant’s request for the “counsel he believes to be best,” the “counsel of his choosing.” Gonzalez-Lopez, 548 U.S. at 146 & n. 2, 126 S.Ct. 2557 (<HOLDING>). This case presents different circumstances. Options: A. holding that a criminal defendant has a sixth amendment right to counsel at trial B. holding disqualification orders affect a defendants sixth amendment rights when they disqualify the defendants counsel of choice C. recognizing that the sixth amendment guarantees a defendant the right to counsel and the right to waive counsel D. holding that a trial courts erroneous denial of the defendants counsels application for admission pro hac vice violated the defendants sixth amendment right to choice of counsel and amounted to a structural error requiring no showing of prejudice E. holding that the district courts erroneous rulings violated respondents sixth amendment right to paid counsel of his choosing

assistant: The best answer is D. holding that a trial courts erroneous denial of the defendants counsels application for admission pro hac vice violated the defendants sixth amendment right to choice of counsel and amounted to a structural error requiring no showing of prejudice
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) While you are employed by the Company, the Company will pay you a base salary at the rate of $750,000 per year (the “ Base Salary ”). Your Base Salary will be paid in accordance with the usual payroll practices of the Company. While you are e mployed by the Company, your Base Salary will be reviewed from time to time for possible adjustment by the compensation committee of the Board.

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: As of the Effective Date, you will commence serving as a key management executive of the Company. You shall have the duties, responsibilities and authority that are customarily associated with such position and such other senior management duties as may reasonably be assigned. You will devote your full time, efforts, abilities, and energies to promote the general welfare and interests of the Company and any related enterprises of the Company. Unless otherwise approved in writing by the Company’s Chief Executive Office and the Chairman of the Company’s Board of Directors, your primary workplace will be located at the Company’s headquarters located in Sandy, Utah. Nothing herein shall preclude you from (i) serving, with the prior consent of the President and CEO, as a member of the board of directors or advisory boards (or their equivalents in the case of a non-corporate entity) of non-competing businesses and charitable organizations, (ii) engaging in charitable activities and community affairs, and (iii) managing your personal investments and affairs; provided, however, that the activities set out in clauses (i), (ii) and (iii) shall be limited by you so as not to materially interfere, individually or in the aggregate, with the performance of your duties and responsibilities hereunder.

assistant: Positions