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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was given for the term “intercepting device.” The trial justice “noted” these objections but refused to issue any curative or additional instruction. In a pretrial de ncorporate the statutory definitions of the terms “intercept” (meaning to “acquire aurally the contents of any wire or oral communication through the use of any intercepting device”) and “intercepting device,” the trial justice did not commit reversible error in this case. For the reasons discussed above, the video camera was an “intercepting device” as a matter of law and its use (as revealed in the playback of the videotape to the jury) indisputably “acquire[d] aurally” the surrounding sounds and communications captured on the videotape. See Pascale v. Carolina Freight Carriers Corp., 898 F.Supp. 276, 279 (D.N.J.1995) (<HOLDING>). Moreover, the trial justice read § Options: A. holding when reasonable minds cannot differ the question of comparative negligence is a question of law appropriate for summary judgment B. holding question of citys exercise of due care in enforcement of ordinance was question of fact and inappropriate for summary judgment C. holding that the question of whether an existing constitutional right is infringed is strictly a question of law D. recognizing that whether a duty exists is a question of law for the courts E. holding that the question of whether the defendants recording device was an intercepting device was a question of law appropriate for summary judgment

assistant: The best answer is E. holding that the question of whether the defendants recording device was an intercepting device was a question of law appropriate for 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: In the event that, and if for any reason, any portion of this Agreement shall be held to be invalid or unenforceable, it is agreed that the remaining covenants and restrictions or portions thereof shall remain in full force and effect, and that if the validity or unenforceability is due to the unreasonableness of the time or geographical area covered by said covenants and restrictions, said covenants and restrictions of this Agreement shall nevertheless be effective for such period of time and for such area as may be determined to be reasonable by a court of competent 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 legal provision and list the applicable contract clause categories. Provision: Interest on this Note shall commence accruing on the Issuance Date and shall be computed on the basis of a 365-day year and shall be payable in arrears on the last day of each May and November during the period beginning on the Issuance Date and ending on, and including, the Maturity Date (each, an " Interest Date ") with the first Interest Date being May 31, 2017. Interest shall be payable on each Interest Date in cash. Prior to the payment of Interest on an Interest Date, Interest on this Note shall accrue at the rate of 10% per annum (the " Interest Rate ").

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Employee Retirement Income Security Act of 1974, as now in effect or as hereafter amended. All citations to sections of ERISA are to such sections as they may from time to time be amended or renumbered.

assistant: Erisa
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: None of the Borrower, any Subsidiary or any Fund or Fund-Related Entity or any Separately Managed Account, or any director, officer, agent, employee or Affiliate of the Borrower, any Subsidiary or any Fund, Fund-Related Entity or Separately Managed Account is currently subject to any sanctions or economic embargoes administered or enforced by the U.S. Department of State or the U.S. Department of Treasury (including the Office of Foreign Assets Control) or any other applicable sanctions authority (collectively, “ Sanctions ,” and the associated laws, rules, regulations and orders, collectively, “ Sanctions Laws ”). To the extent applicable, each Loan Party is in compliance, in all material respects, with (a) all Sanctions Laws, (b) the United States Foreign Corrupt Practices Act of 1977, as amended, and any other applicable anti-bribery or anti-corruption laws, rules, regulations and orders (collectively, “ Anti-Corruption Laws ”) and (c) the USA PATRIOT Act and any other applicable terrorism and money laundering laws, rules, regulations and orders. No part of the proceeds of the Loans will be used, directly or indirectly, (i) for the purpose of financing any activities or business of or with any Person or in any country or territory that at such time is the subject of any Sanctions, or (ii) for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of any Anti-Corruption Law.

assistant: Anti-Corruption 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: limitation encompassed in section 4, it has implicitly held that a district court may determine issues of arbitrability even if it is not located in the district where arbitration is to take place. For example, in First of Mich. Corp. v. Bramlet, 141 F.3d 260 (6th Cir.1998), in which the plaintiffs brought suit to enjoin an arbitration proceeding, the Sixth Circuit held that the district court erred in finding that venue was not proper. Id. at 264. The court explained that “venue is proper where the underlying transactions and investments took place and is not limited to the forum where the defendants filed a request for arbitration.” Id. (construing 28 U.S.C. § 1391(a)); see also Sec. Serv. Network, Inc. v. Cromwell, 62 F.3d 1418, 1995 WL 456374, at *4 (6th Cir. Aug.l, 1995)(Ta-ble)(<HOLDING>). Similarly, in Inland Bulk Transfer Co. v. Options: A. holding venue proper where proper when the action was commenced B. holding that venue was proper in district where underlying transactions and investments occurred and was not limited to district where party filed arbitration request C. holding that venue is proper in any district where any act in furtherance of the conspiracy took place D. recognizing that venue was proper both in district where indictment was filed and district of confinement E. holding that venue in the district identified in 9 was mandatory

assistant: The best answer is B. holding that venue was proper in district where underlying transactions and investments occurred and was not limited to district where party filed arbitration request
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 Party agrees that it shall bring any action or proceeding in respect of any Dispute or claim arising out of or related to this Agreement, whether in tort or contract or at law or in equity, exclusively in any federal or state courts located in Ohio and (i) irrevocably submits to the exclusive jurisdiction of such courts, (ii) waives any objection to laying venue in any such action or proceeding in such courts, (iii) waives any objection that such courts are an inconvenient forum or do not have jurisdiction over it and (iv) agrees that service of process upon it may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to it at its address specified in Section 13.9 . The foregoing consents to jurisdiction and service of process shall not constitute general consents to service of process in the State of Ohio for any purpose except as provided herein and shall not be deemed to confer rights on any Person other than the Parties.

assistant: Litigations
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 Account Party and each of its Subsidiaries has timely filed or caused to be filed all Tax returns and reports required to have been filed and has paid or caused to be paid all Taxes required to have been paid by it, except (a) Taxes that are being contested in good faith by appropriate proceedings and for which such Person has set aside on its books adequate reserves or (b) to the extent that the failure to file any such Tax return or pay any such Taxes could not reasonably be expected to result in a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices required by this Agreement shall be in writing, and if to The Brand Owner , they shall be addressed to the attention of Rubin Schindermann, Saul Niddam , Adam Taub and if to The Agent , they shall be addressed to the attention of either Trace Hanlon, Kye Melchert, Scott Oliver, sole Directors of Cannavolve Inc. All notices shall be sent by a recognized express mail service or governmental mail service addressed to the parties' respective addresses first hereinabove written. Such notices shall be deemed given when received by the addressee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: At the Closing, Issuer will have an adequate number of authorized Membership Units (as defined in the Amended and Restated Limited Liability Company Agreement, dated as of January 31, 2018 (the “ LLC Agreement ”) to effect the issuance of the Issuer Units in accordance with this Agreement. The Issuer Units will have been duly issued and fully paid and will be non-assessable when issued and delivered against payment therefor as provided in this Agreement, free and clear of all liens, security interests, claims, restrictions and encumbrances of any kind (collectively, “ Liens ”), other than under applicable securities Laws. The authorized, issued and outstanding Membership Units of Issuer, after giving effect to issuance of Issuer Units to the Subscriber hereunder, are as set forth in Schedule 2 to the LLC Agreement. Other than as set forth on Schedule 2 to the LLC Agreement, there are no other Membership Units outstanding, and there are no outstanding subscriptions, options, warrants, puts, calls, rights, exchangeable or convertible securities or other commitments or agreements obligating Issuer to issue, transfer, sell, purchase, redeem or otherwise acquire, any Membership Units, except as required under this Agreement and the LLC Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This First Amendment may be executed in any number of counterparts and by each of the undersigned on separate counterparts, and each such counterpart shall be deemed to be an original, but all such counterparts when taken together shall constitute but one and the same First Amendment. Signatures to this First Amendment transmitted in .pdf (portable document format) via electronic mail or other electronic means shall be treated as originals in all respects for purposes of this First Amendment. Seller and Buyer further agree that the acknowledgement of this First Amendment by Escrow Agent is not required for this First Amendment to be binding and effective as between Seller and Buyer.

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: Consultant will make fully available to Company all information relating to the Services performed under this Project Agreement and Consultant shall provide Company with such oral or written reports thereon as Company may reasonably request from time to time. All documents or materials of any kind and in whatever form stored, whether written, electronic, optical, magnetic, photographic, audio, audiovisual, digital or other form, prepared by Consultant in performing Services under this Project Agreement and all proprietary rights therein shall be the exclusive property of Company, and the same shall be turned over to Company immediately upon the expiration or termination of this Project Agreement without Consultant’s retention of any copies thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: even if the trial court and counsel were not aware of, and did not consider, the less drastic alternative). The State faults appellant for not stating that he would waive the juror’s disqualification, and thus, “it cannot be said that proceeding with either of the disqualified jurors was an available option.” However, a challenge to a juror based on a non-absolute disqualification, such as county residence, is a forfeitable right, not a waivable right. See Webb v. State, 232 S.W.3d 109, 112 & n.1 (Tex. Crim. App. 2007) (noting that although many cases suggest “a challenge for cause is waived if not used, it is more accurate to say that the right is forfeited by failure to request the challenge” (citing Marin v. State, 851 S.W.2d 275 (Tex. Crim. App. 1993))); Mayo, 4 S.W.3d at 11-12 (<HOLDING>). Thus, all appellant had to do to forfeit a Options: A. holding that a challenge for cause based on county residence is waived if not made the legislature did not intend for a defendant to waive the countyresidence requirement only by knowingly accepting a disqualified juror B. holding that the defendant waived the right to challenge a suppression ruling on appeal C. holding there was sufficient evidence for a jury to conclude that the defendant did not intend to perform when the promise was made D. holding that trial courts denial of motion for new trial based on juror misconduct was justified where there was no evidence presented at hearing on motion that juror had knowingly concealed relevant litigation experience during voir dire and identity of juror as county court litigant was not demonstrated E. holding that a court must allow the defendant to ask in voir dire whether a potential juror would automatically impose the death penalty and suggesting that such a juror should be disqualified for cause

assistant: The best answer is A. holding that a challenge for cause based on county residence is waived if not made the legislature did not intend for a defendant to waive the countyresidence requirement only by knowingly accepting a disqualified juror
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 pay all of the reasonable and documented fees and expenses of the Company and the Stockholders (including, without limitation, the reasonable and documented fees of Paul Hastings LLP and Potter Anderson Corroon LLP) incurred in connection with the preparation, execution and delivery of the Transaction Documents and the consummation of the transactions contemplated thereby; provided, however, that such fees and expenses shall not exceed $100,000 without the prior written consent of the Company, such consent not to be unreasonably withheld.

assistant: Expenses
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 of the foregoing is the promise to Borrower and shall bind Borrower and Borrower's successors, heirs and assigns; provided, however, that Borrower may not assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the holder of this Note.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: While these observations by Hines "express an opinion regarding the ultimate resolution of [a] disputed issue," the testimony does not eross the line drawn by rule 704 of the Utah Rules of Evidence. See State v. Larsen, 865 P.2d 1355, 1363 (Utah 1993). Hines's testimony was relevant in "help{ing] the trier of fact to understand the evidence or to determine a fact in issue," see Utah R. Evid. 702(a), by explaining what concerns may drive an investor's decision to purchase a security. Compare Larsen, 865 P.2d at 1861 (determining that an expert's opinion testimony "that some of the material that [the defendant] had omitted from the securities documents could have been important or significant to an investor" was admissible), with State v. Tenney, 913 P.2d 750, 756 (Utah Ct.App.1996) (<HOLDING>). Accordingly, the trial court did not abuse Options: A. holding that such information is not material under securities law B. holding that omission of information about shares held in corporations was material even if the securities were worthless at the time C. holding that under certain conditions a bank assumes a duty to disclose facts material to a transaction D. holding that purely factual material may be withheld from disclosure under exemption 5 if that material would expose the deliberative process of an agency E. holding inadmissible expert testimony that included statements that failure to disclose certain enumerated information would be a material omission under utah law that the material actually provided to investors did not meet disclosure requirements under the act and that the agreements at issue were securities under utah law

assistant: The best answer is E. holding inadmissible expert testimony that included statements that failure to disclose certain enumerated information would be a material omission under utah law that the material actually provided to investors did not meet disclosure requirements under the act and that the agreements at issue were securities under utah 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: positive. As previously noted, only 809 class members requested exclusion, (see Dkt. 268-5, Prutsman Deck at ¶ 32), which is 0.014% of those who received notice, (see Dkt. 268-1, Motion at 15), and only seven class members filed objections to the settlement, (see Dkt. 268-5, Prutsman Deck at ¶ 33), which represents 0.0001% of those who received notice of the settlement. (See Dkt. 268-1, Motion at 15). The positive reaction of the class members supports the fee application. 6. Lodestar Cross-Check. “One way that a court may demonstrate that its use of a particular method or the amount awarded is reasonable is by conducting a cross-check using the other method.” In re Online DVD-Rental Antitrust Litig., 779 F.3d at 949; see Laffitte, 1 Cal.5th at 504, 205 Cal.Rptr.3d 555, 376 P.3d 672 (<HOLDING>). “For example, a cross[-]check using the Options: A. holding that the court has discretion to double check the reasonableness of the percentage fee through a lodestar calculation B. recognizing the lodestar may provide a useful perspective on the reasonableness of a given percentage award C. holding that in determining the reasonableness of attorneys fees under federal fee shifting statutes courts may not enhance the fee award above the lodestar amount to compensate attorneys for assuming the risk of receiving no payment for their services if the lawsuit failed D. holding that a fee substantially less than the lodestar amount is permissible E. holding that both the lodestar and the percentage of the fund methods are permitted

assistant: The best answer is A. holding that the court has discretion to double check the reasonableness of the percentage fee through a lodestar calculation
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: information requested in his Motion to Produce. The trial court denied this request, finding that no orders on discovery had been requested or violated. Black then elicited testimony from Jeff Retz ("Retz"), the State's toxicology tech-pician, regarding the court-ordered Med-Tox test. The trial court, pursuant to State's objection, found Retz's testimony insufficient to provide a foundation for the Med-Tox test and exeluded the test results from evidence. Tr. pp. 62-65. The trial court found that Black had violated the terms of his probation by testing positive for cocaine but stayed Black's sentence pending this appeal. I. Admission of the Med-Tox Test Indiana - Rule of Evidence 101(c)(2) states that, "[the rules, other than those with respect to privilege Ct.App.2001), trans. denied (<HOLDING>). Contra Baxter v. State, 774 N.E.2d 1037, 1043 Options: A. holding that probation and parole revocation hearings are not criminal proceedings such that the state exclusionary rule applies but noting that police misconduct which shocks the conscience may lead to invocation of the exclusionary rule B. holding that certified charging informations and police reports are deemed admissible in revocation hearings C. holding hearsay admissible in revocation hearings D. holding uncertified investigation reports of law enforcement personnel inherently unreliable and inadmissible in revocation hearings E. holding that neither rule 11 nor the protections of boykin apply to probation revocation hearings and observing that less process is due in prison disciplinary proceedings than in probation revocation hearings

assistant: The best answer is B. holding that certified charging informations and police reports are deemed admissible in revocation hearings
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: proof of likelihood of success from substantial probability to probable cause but adds the usual requirement of ex parte restraining orders that the applicant show that notice itself will prejudice the applicant. See Fed. R.Civ.P. 65(b) (application must state “the reasons supporting the claim that notice should not be required.”); see, e.g., In re Vuitton, 606 F.2d 1, 4 (2d Cir.1979) (an ex parte restraining order may be appropriate where proceeding without notice is “the sole method of preserving a state of affairs in which the court can provide effective final relief’ such that “giving the defendant notice of the application for an injunction could result in an inability to provide any relief at all”); Adobe Sys., Inc. v. South Sun Prods., Inc., 187 F.R.D. 636, 641 (S.D.Cal.1999) (<HOLDING>). The limited burden upon the owner imposed by Options: A. recognizing that a stay contained in anex parte order did not serve to suspend the effectiveness of the restraining notice otherwise any judgment debtor could obtain such an order without notice to the court that a restraining notice had been served or to the judgment creditor and recover his property theretofore properly made the subject of the restraining notice B. holding that because the order lacked an independent basis it was an abuse of discretion to issue the mutual restraining order C. holding that a plaintiff seeking an ex parte restraining order must present specific facts showing that the defendant it seeks to enjoin will likely conceal destroy or alter evidence if it receives notice of the action D. holding that plaintiff must present such evidence E. holding that the burden of showing that a harm will result from disclosure is on the party that seeks nondisclosure rather than on the party that seeks access

assistant: The best answer is C. holding that a plaintiff seeking an ex parte restraining order must present specific facts showing that the defendant it seeks to enjoin will likely conceal destroy or alter evidence if it receives notice of the action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that one or more of the provisions of this Note is for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Note, but this Note shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Credit Party will, and will cause each of its Subsidiaries (other than any Immaterial Subsidiary) to, at all times preserve and keep in full force and effect its existence and all rights and franchises, licenses and permits material to its business, except to the extent permitted by Section 8.8 or constituting an Asset Sale hereunder; provided that no Credit Party (other than Holdings and the Borrower with respect to existence) or any of its Subsidiaries shall be required to preserve any such existence, right or franchise, licenses and permits if such Person’s board of directors (or similar governing body) shall determine that the preservation thereof is no longer desirable in the conduct of the business of such Person and that the loss thereof is not disadvantageous in any material respect to such Person or to Lenders.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No party or any affiliate of a party shall make, or cause to be made, any publicity, news release or other such general public announcement or make any other disclosure to any third party in respect of this Agreement or any of the transactions contemplated hereby (including, without limitation, disclosure of GSK’s ownership interest in the Company) without the prior written consent of the other party; provided however , that the foregoing provision is not intended to limit communications deemed reasonably necessary or appropriate by a party or its affiliates to its employees, shareholders, partners, directors, officers, potential investors, accountants and legal counsel who are under an obligation to preserve the confidentiality of the foregoing. Notwithstanding the foregoing provision, the parties and their respective affiliates shall not be prohibited from making any disclosure or release that is required by law, court order, or applicable regulation, or is considered necessary by legal counsel to fulfill an obligation under securities laws or the rules of a national stock exchange.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, and delivered by facsimile, PDF or other electronic copy, and each counterpart when so executed and delivered shall be deemed to be an original and when taken together shall constitute one and the same instrument, and production of an originally executed, facsimile, PDF or other electronic copy, of each counterpart execution page will be sufficient for purposes of proof of execution and delivery of this Agreement. Any Party hereto may execute this Agreement by signing any such counterpart.

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 provisions of this Section 11.3 shall be a contract between the Company, on the one hand, and each Covered Person who served in such capacity at any time while this Section 11.3 is in effect, on the other hand, pursuant to which the Company and each such Covered Person intend to be legally bound. No amendment, modification or repeal of this Section 11.3 that adversely affects the rights of a Covered Person to indemnification for Losses incurred or relating to a state of facts existing prior to such amendment, modification or repeal shall apply in such a way as to eliminate or reduce such Covered Person's entitlement to indemnification for such Losses without the Covered Person's prior written consent.

assistant: Amendments
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 appeal). 40 . 15 U.S.C. § 77k(e). 41 . Healey v. Chelsea Res., Ltd., 947 F.2d 611, 624 (2d Cir.1991) (citing 78 Cong. Rec. 8669 (May 12, 1934) (explanatory memorandum of Senator Fletcher, sponsor of proposed section 11(e))). 42 . Cf. 17 U.S.C. § 505 ("the Copyright Act”) ("In any civil action under this title, the court in its discretion may allow the recovery of full costs by or against any party ... the court may also award a reasonable attorney's fees to the prevailing party as part of the costs ”) (emphasis added); Adsani, 139 F.3d at 75 (finding the Copyright Act a fee-shifting statute for purposes of a Rule 7 bond). 43 . See P. Mem. at 8-9 (citing In re NASDAQ Market-Makers Antitrust Litig., 187 F.R.D. 124, 128 (S.D.N.Y.1999)). 44 . Cf In re Air Cargo, 2010 WL 1049269, at *2 (<HOLDING>); In re AOL Time Warner, 2007 WL 2741033, at *4 Options: A. holding that the bond was intended to and did substantially comply with sjection 71323 therefore because its conditions were not broader and more protective than the statute required the contention that the bond was a common law bond failed B. holding that an appeal is perfected when the appeal bond is filed C. holding that even though a bond contained provisions not required by statute it must be considered statutory and not common law because the bond did not expand the payment provisions beyond those stated in statute D. holding delay damages cannot be included in an appeal bond because the underlying statute did not provide for the inclusion of such costs E. holding that taxable costs included only the premium on a surety bond posted on appeal not the fees paid for letters of credit to secure the bond where the state statute and court rule only specifically allowed for premium on any surety bond

assistant: The best answer is D. holding delay damages cannot be included in an appeal bond because the underlying statute did not provide for the inclusion of such costs
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 representations, warranties and acknowledgments of Bright Mountain and the Buyer set forth herein are true, complete and accurate in all material respects and do not omit any fact necessary to make such representations, warranties and acknowledgments not misleading.

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: you agree not to otherwise modify , copy , distribute , transmit , display , perform , reproduce , publish , license , create derivative works from , transfer , or sell or re-sell any information , software , products , or services obtained from or through this website .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term of this Agreement or the application thereof to any party or circumstance shall be held invalid or unenforceable to any extent, the remainder of this Agreement and the application of such term to the other parties or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by applicable law. In such event the parties shall negotiate in good faith in an attempt to agree to another provision (in lieu of the term or application held to be invalid or unenforceable) that will be valid and enforceable and will carry out the parties’ intentions hereunder.

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: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Counterparts may be executed in either original or electronically transmitted form (e.g., faxed or emailed portable document format (PDF) form), and the parties hereby adopt as original any signatures received via electronically transmitted form. Each party has caused this Agreement to be executed by its duly authorized representative(s).

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 Amendment may be executed in two or more counterparts (including by electronic or .pdf transmission), each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery of any signature page by facsimile, electronic or .pdf transmission shall be binding to the same extent as an original signature page.

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 EACH OTHER LOAN DOCUMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK.

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: The Company will, and will cause each Subsidiary to, timely file complete and correct United States federal and applicable foreign, state and local tax returns required by law and pay when due all taxes, assessments and governmental charges and levies upon it or its income, profits or Property; provided that neither the Company nor any Subsidiary need pay any such tax, assessment, governmental charge or levy if it is being contested in good faith by appropriate proceedings, with respect to which adequate reserves have been set aside in accordance with GAAP unless the failure to make any such payment (i) would give rise to an immediate right to foreclose or collect on a Lien securing such amounts or (ii) would have or would reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice required or permitted to be given under this Agreement shall be sufficient, if in writing, sent by mail to his last known residential address in the case of Employee, or hand delivered to Employee, or to its principal office in the case of Mast.

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: reference omitted); Order, Cisson v. C.R. Bard, Inc., No. 2:11-cv-00195 (S.D.W.Va. July 1, 2013), [Docket 309], at 3-4 (“Under United States Supreme Court precedent, the FDA 510(k) process does not go to whether the product is safe and effective.... Because the FDA 510(k) process does not go to whether the [mesh] products are safe and effective and the 510(k) process does not impose any requirements on its own, the 510(k) process is inapplicable to this case. This evidence is excluded under Federal Rule of Evidence 402 as irrelevant, and under Rule 403 for the reasons previously stated, including the very substantial dangers of misleading the jury and confusing the issues.”); Mem. Op. & Order, Cisson v. C.R. Bard, Inc., No. 2:11-cv-00195 (S.D.W.Va. June 27, 2013) [Docket 302], at 3-4 (<HOLDING>); Mem. Op. & Order, Huskey v. Ethicon, Inc., Options: A. holding that the trial court did not exceed its discretion under rule 403 by allowing evidence that provided background for the crime charged B. holding that evidence regarding the 510k process and enforcement should be excluded under rule 403 C. holding that any relevant mitigating evidence concerning a defendants character should not be excluded D. holding that evidence necessary to the governments rebuttal of a defendants case could not be excluded under rule 403 but could have been if it was introduced only to bolster the prosecutions case E. holding that the military judge has considerable discretion to exclude relevant evidence under military rule of evidence 403

assistant: The best answer is B. holding that evidence regarding the 510k process and enforcement should be excluded under rule 403
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: For Plan Years beginning after December 31, 2007, each Participant who has at least one Hour of Service on or after January 1, 2008 will accrue either a Portable Account Benefit or a Final Average Compensation Formula benefit, but not both. If a Participant is eligible to accrue a Portable Account Benefit, he or she shall not be eligible to accrue a Final Average Compensation Formula benefit.

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 legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by the Company of this Agreement and the other Transaction Documents to which it is a party, the issuance and sale of the Securities and the consummation by it of the transactions contemplated hereby and thereby do not and will not: (i) conflict with or violate any provision of the Certificate of Incorporation (subject to effecting the Charter Amendment) or any Subsidiary’s certificate or articles of incorporation, bylaws or other organizational or charter documents, (ii) subject to the Company’s satisfaction of its obligations with respect to the ROFR as set forth in Section 4.11, conflict with, or constitute a default (or an event that with notice or lapse of time or both would become a default) under, result in the creation of any Lien upon any of the properties or assets of the Company or any Subsidiary, or give to others any rights of termination, amendment, acceleration or cancellation (with or without notice, lapse of time or both) of, any agreement, credit facility, debt or other instrument (evidencing a Company or Subsidiary debt or otherwise) or other understanding to which the Company or any Subsidiary is a party or by which any property or asset of the Company or any Subsidiary is bound or affected, or (iii) subject to the Required Approvals, conflict with or result in a violation of any law, rule, regulation, order, judgment, injunction, decree or other restriction of any court or governmental authority to which the Company or a Subsidiary is subject (including federal and state securities laws and regulations), or by which any property or asset of the Company or a Subsidiary is bound or affected; except in the case of each of clauses (ii) and (iii), such as could not have or reasonably be expected to result in a Material Adverse Effect.

assistant: No Conflicts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: against foreign nations formerly, but not currently, designated as state sponsors of terrorism, the fact that North Korea no longer has that designation does not bar attachment of North Korea’s property, or that of its agents and instrumentalities, under § 1610(g). Whether attachment of the EFTs under § 1610(g) is possible turns, instead, on whether the blocked EFTs at issue are “property of’ North Korea or “the property of an agency or instrumentality of’ North Korea. We review these legal questions de novo. Shipping Corp. of India Ltd. v. Jaldhi Overseas Pte Ltd., 585 F.3d 58, 66-67 (2d Cir.2009) (reviewing de novo the “threshold issue of whether EFTs are indeed ‘defendant’s’ property”); see also Salve Regina Coll. v. Russell, 499 U.S. 225, 231, 111 S.Ct. 1217, 113 L.Ed.2d 190 (1991) (<HOLDING>). “[W]hether or not midstream EFTs may be Options: A. holding that courts of appeals must review the statelaw determinations of district courts de novo B. holding that we review a district courts interpretation of a statute de novo C. holding that the proper review for the trial courts application of the law is de novo D. recognizing de novo standard of review E. holding that a court of appeals should review de novo a district courts determination of state law

assistant: The best answer is E. holding that a court of appeals should review de novo a district courts determination of state 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: or manufacture of a controlled sub stance and the trafficking of that controlled substance in the same quantity and under the same conduct violate double jeopardy. See Latos v. State, 39 So.3d 511, 513-14 (Fla. 4th DCA 2010); Fonseca v. State, 114 So.3d 1010 (Fla. 5th DCA 2012); Odom v. State, 104 So.3d 1238, 1239 (Fla. 5th DCA 2012). In the present case, as in Latos, the trafficking conduct was the same conduct constituting the lesser offense, rendering the defendant’s conviction under both counts violative of double jeopardy. The State does not argue that the cultivation count is for cannabis distinct from the cannabis involved in the trafficking count, but even if it did, such an argument has been rejected by this court. See Sims v. State, 793 So.2d 1153, 1154 (Fla. 4th DCA 2001) (<HOLDING>). Therefore, we reverse the defendant’s Options: A. holding that convictions for trafficking possession and simple possession ofcocaine offended double jeopardy protections B. holding that trial court may arrest judgment on conviction for possession with intent to deliver and enter judgment of guilt on simple possession C. recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell D. holding that convictions for possession with intent to sell cannabis and simple possession of cannabis could not be grounded on cannabis being found in different places in the house E. holding that possession with intent to distribute and simple possession are the same offense under blockburger

assistant: The best answer is D. holding that convictions for possession with intent to sell cannabis and simple possession of cannabis could not be grounded on cannabis being found in different places in the house