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: Purchaser, on the one hand, and Seller, on the other hand, shall cooperate fully, as and to the extent reasonably requested by the other Party, in connection with the preparation and filing of any Tax Return, any Tax audit, Tax claim, Tax litigation, claim for Tax refund or other proceeding with respect to Taxes. Such cooperation shall include the retention and (upon the other Party’s request) the provision of records and information that are reasonably relevant to any such Tax Return filing, Tax audit, Tax claim, Tax litigation or other Tax proceeding, providing powers of attorney, assisting with the signing and filing of Tax appeals and making employees available on a mutually convenient basis to provide additional information and explanation of any material provided hereunder. The Parties agree to retain all books and records with respect to Tax matters pertinent to a Transferred Company or a Subsidiary relating to any Pre ‑Closing Tax Period until the expiration of any applicable statute of limitations, and to abide by all record retention agreements entered into with any Tax authority for all periods required by such Tax authority.

assistant: Cooperation
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 the State to revoke appellant’s probation. Nevertheless, we conclude the Ex Post Facto Clause did not apply to appellant’s cases. To fall within the ex post facto prohibition, a criminal law must contain two critical elements: first, the law must be retrospective; and second, it must disadvantage the offender affected by it. Miller v. Florida, 482 U.S. 423, 430, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987). A law is retrospective if it changes “the legal consequences of acts completed before its effective date.” Id. The completed “acts” in a probation revocation case are those that make up the underlying offense. See Johnson v. United States, 529 U.S. 694, 700, 120 S.Ct. 1795, 146 L.Ed.2d 727 (2000); see also Gagnon v. Scarpelli, 411 U.S. 778, 782, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973) (<HOLDING>). The prohibition against ex post facto laws Options: A. holding probation revocation is not a stage of a criminal prosecution B. holding that revocation of probation is merely an extension of a sentencing proceeding C. holding that standard for revocation of probation is preponderance of the evidence D. holding that the filing of a motion for a new trial is a critical stage of the prosecution and that an indigent defendant is constitutionally entitled to the assistance of counsel at that stage E. holding that probation revocation proceedings are clearly not criminal proceedings

assistant: The best answer is A. holding probation revocation is not a stage of a criminal prosecution
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to enter no judgment prior to the close of the evidence.” Id. In light of the substantial evidence supporting the court’s finding of causation, see infra, we cannot conclude that the district court's decision not to rule on the Rule 52(c) motion was an abuse of discretion. Riverboat also asserts that, in reviewing the district court’s decision, we should evaluate the record at the close of the plaintiffs' case^— the time at which the motion was made— rather than the record as a whole. Riverboat's position is not supported by our case law nor by Rule 52(c). The defendants can point us to no rule of law that prohibits us, in reviewing the district court’s Rule 52(c) order, from evaluating the record as a whole. See Duval v. Midwest Auto City, Inc., 578 F.2d 721, 723-24 (8th Cir.1978) (<HOLDING>). 30 . See, e.g., Gaffney Test., Tr.I at 260-62 Options: A. holding that when ruling on a rule 50 motion the record should be taken as it existed when the trial was closed B. holding that for error to be preserved on appeal with regard to admission of evidence in violation of a ruling on a motion in limine that the evidence is inadmissible an objection should be made at the time the evidence is offered C. holding that the only question on a rule 35a motion is whether the sentence imposed was illegal on its face emphasis added D. holding that once a defendant introduces evidence on its own behalf it waives the right to dismissal under rule 41b now rule 52c and stating that in such situations the sufficiency of the evidence is tested on appeal by viewing the entire record even when the trial judge reserved ruling on the motion when made emphasis added E. holding that a defendant who preemptively introduces evidence of a prior conviction on direct examination may not on appeal claim that the admission of such evidence was error

assistant: The best answer is D. holding that once a defendant introduces evidence on its own behalf it waives the right to dismissal under rule 41b now rule 52c and stating that in such situations the sufficiency of the evidence is tested on appeal by viewing the entire record even when the trial judge reserved ruling on the motion when made emphasis added
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 shall become effective as of the date hereof upon (a) receipt by the Administrative Agent of each of the documents, agreements (in fully executed form), opinions of counsel, lien search results, UCC filings, certificates and other deliverables, in each case, in form and substance reasonably acceptable to the Administrative Agent and (b) payment in full of all fees and expenses payable by the Borrower on the date hereof to the Credit Parties in accordance with the terms of the Transaction Documents.

assistant: Effectiveness
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 reimburse Buyer for any and all expenses incurred by them in connection with the negotiation, preparation, execution, delivery and performance of this Agreement and the other agreements to be executed in connection herewith (“Documents”), including, without limitation, reasonable attorneys’ and consultants’ fees and expenses, transfer agent fees, fees for stock quotation services, fees relating to any amendments or modifications of the Documents or any consents or waivers of provisions in the Documents, fees for the preparation of opinions of counsel, escrow fees, and costs of restructuring the transactions contemplated by the Documents. When possible, the Company must pay these fees directly, including, but not limited to, any and all wire fees, otherwise the Company must make immediate payment for reimbursement to the Buyer for all fees and expenses immediately upon written notice by the Buyer or the submission of an invoice by the Buyer. At Closing, the Company’s initial obligation with respect to this transaction is to reimburse Buyer’s legal expenses shall be $2,750 plus the cost of wire fees.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you will not share your password ( or in the case of developers , your secret key ) , let anyone else access your account , or do anything else that might jeopardize the security of your account .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as would not reasonably be expected to have a Material Adverse Effect, each of the Partnership Entities carries or is covered by insurance from insurers of recognized financial responsibility in such amounts and covering such risks as is reasonably adequate for the conduct of their respective businesses and the value of their respective properties and as is customary for companies engaged in similar businesses in similar industries. All policies of insurance of the Partnership Entities are in full force and effect; each of the Partnership Entities are in compliance with the terms of such policies in all material respects; and none of the Partnership Entities has received notice from any insurer or agent of such insurer that capital improvements or other expenditures are required or necessary to be made in order to continue such insurance; there are or will be no claims by any of the Partnership Entities under any such policy or instrument as to which any insurance company is denying liability or defending under a reservation of rights clause; and none of the Partnership Entities has been notified in writing that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business at a cost that would not reasonably be expected to have a Material Adverse Effect.

assistant: Insurances
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 hold, and shall cause its Representatives to hold, in confidence all documents and information furnished to it by or on behalf of any other party to this Agreement in connection with the transactions contemplated hereby pursuant to the terms of the Mutual Non-Disclosure Agreement, dated October 10, 2017, between Buyer and the Company (the “ Confidentiality Agreement ”), which shall continue in full force and effect until the Closing Date. If for any reason this Agreement is terminated prior to the Closing Date, the Confidentiality Agreement shall nonetheless continue in full force and effect in accordance with its terms.

assistant: Confidentiality
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 SECURITY AGREEMENT AND THE OTHER CREDIT DOCUMENTS, AS DEFINED IN THE CREDIT AGREEMENT REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term or provision of this Agreement or the application hereof to any person or circumstance shall to any extent be held invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall, notwithstanding said invalidity, remain valid and enforceable to the fullest extent permitted by law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The expert opinions and recommendations must be supported by a showing of the factual bases on which they are grounded. T.G. v. State, 7 S.W.3d 248, 252 (Tex.App.-Dallas 1999, no pet.) (citing Mezick v. State, 920 S.W.2d 427, 430 (Tex.App.-Houston [1st Dist.] 1996, no writ)). Texas courts have noted several relevant factors that may be considered in determining whether a patient who has been criminally violent while insane meets the criteria for court-ordered extended mental health services. A patient’s refusal to take medication is evidence that, as a whole, tends to confirm the likelihood of serious harm to the patient and others. Roland v. State, 989 S.W.2d 797, 802 (Tex.App.-Forth Worth 1999, no writ); see also Niswanger v. State, 875 S.W.2d 796, 801 (Tex.App.-Waco 1994, no pet.) (<HOLDING>). The original crime may also be considered as Options: A. holding that inmates do not have the right to the medication of their choice B. holding that a psychiatrist had no duty to detain a patient who killed himself and injured his wife because the patient was outside of the scope of the facilitys range of observation and control even when the psychiatrist agreed to treat the patient the patient had suicidal tendencies and the psychologist took the patient into custody but then later permitted him to leave C. holding that sanction of removal for nursing home attendant who was found to have hit patient suffering from dementia should be reduced to penalty of sixmonth suspension because act of hitting patient was isolated instance in which patient was aggressor D. holding that defendant medical center which allowed a patient who would likely cause bodily harm to his wife if he had the opportunity to leave the center for a weekend could be liable for the patients actions of killing his wife and her paramour during that weekend because inter alia when the course of treatment of a mental patient involves an exercise of control over him by a physician who knows or should know that the patient is likely to cause bodily harm to others an independent duty arises from that relationship and falls upon the physician to exercise that control with such reasonable care as to prevent harm to others at the hands of the patient punctuation omitted emphasis supplied E. holding that evidence that patient who had a history of not taking medication and who murdered husband during a period when she was off of her medication and delusional tends to confirm the likelihood of serious harm to patient or others

assistant: The best answer is E. holding that evidence that patient who had a history of not taking medication and who murdered husband during a period when she was off of her medication and delusional tends to confirm the likelihood of serious harm to patient or others
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The rights and obligations of Park Sterling under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of Park Sterling, as applicable, including without limitation, a purchaser of all or substantially all the assets of Park Sterling. If the Agreement is assigned pursuant to the foregoing sentence, the assignment shall be by novation and Park Sterling shall have no further liability hereunder, and the successor or assign, as applicable, shall become “Park Sterling” hereunder, but the Executive will not be deemed to have experienced a Termination of Employment by virtue of such assignment. The Agreement is a personal contract and the rights and interest of the Executive may not be assigned by the Executive. This Agreement shall inure to the benefit of and be enforceable by the Executive and the Executive’s personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees.

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: The Borrower will not request any Borrowing or Letter of Credit, and the Borrower shall not use, and shall procure that its Subsidiaries and its or their respective directors, officers, employees and agents shall not use, the proceeds of any Borrowing or Letter of Credit (A) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws, (B) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, or (C) in any manner that would result in the violation of any Sanctions applicable to any party hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: pursuant to Fed.R.Civ.P. 15(a) (document no. 7). Dwyer already amended her complaint once as of right. The United States objects. Standard of Review The United States’ 12(b)(1) motion to dismiss for lack of subject matter jurisdiction is predicated on the discretionary function exception to the Federal Tort Claims Act. See 28 U.S.C.A. § 2680(a). If the exception applies, the court lacks subject matter jurisdiction to hear the case. See id.; Magee v. United States, 121 F.3d 1, 4 (1st Cir.1997). Therefore, the court must resolve the 12(b)(1) motion to dismiss first, before undertaking a summary judgment analysis on the merits of the plaintiffs claim. See Williams v. United States, 50 F.3d 299, 304-05 (4th Cir.1995); see also United States v. Swiss Am. Bank, 191 F.3d 30, 46 (1st Cir.1999) (<HOLDING>); Miller v. George Arpin & Sons, Inc., 949 Options: A. holding that consideration of summary judgment motion should await determination of jurisdiction B. holding that a grant of summary judgment in favor of one party creates a final judgment allowing appellate review of denial of opposing partys summary judgment motion C. holding that district court should not have granted summary judgment solely on basis that a motion for summary judgment was not opposed D. holding that district court should not have granted summary judgment solely on basis that motion for summary judgment was not opposed E. holding that a motion to dismiss or for summary judgment precluded default judgment

assistant: The best answer is A. holding that consideration of summary judgment motion should await determination of jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a written opinion, the law of the case does not establish that this court rejected the claim on the merits. This court reversed the order summarily denying Corzo’s rule 3.850 motion, explaining: Because of the strict rules limiting claims for ineffective assistance of counsel on direct appeal, the appellate courts typically reject the issue as both premature and requiring evidence beyond the appellate record. Accordingly, unless a direct appeal is affirmed with a written opinion that expressly addresses the issue of ineffective assistance of counsel, an affirmance on direct appeal should rarely, if ever, be treated as a procedural bar to a claim for ineffective assistance of counsel on a postconviction motion. Id. at 645; see also Acosta v. State, 884 So.2d 278, 279 (Fla. 2d DCA 2004) (<HOLDING>); Kam/pjf v. State, 443 So.2d 401, 402 (Fla. Options: A. holding that ineffective assistance of counsel claims should be brought in collateral proceedings not on direct appeal B. holding that the postconviction court erred in finding the ineffective assistance of counsel claim proeedurally barred because the courts opinion did not comment specifically on the ineffective counsel argument and the overall holding that the evidence was sufficient to support the jurys verdict could not be viewed as an adjudication on the merits of the ineffective assistance claim C. holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record D. holding that the defendants ineffective assistance of counsel claims which were raised in a motion for a new trial and challenged on direct appeal were not barred in postconviction by the doctrine of res judicata because the defendants conviction and sentence were affirmed without a written opinion expressly addressing the claims of ineffective assistance of counsel E. holding that res judicata does not bar a defendant from raising a claim of ineffective assistance of trial counsel for the first time in a postcollateral proceeding if the defendant was represented by the same counsel at trial and on direct appeal or if an actual conflict of interest enjoined appellate counsel from raising a claim of ineffective assistance of trial counsel on direct appeal

assistant: The best answer is D. holding that the defendants ineffective assistance of counsel claims which were raised in a motion for a new trial and challenged on direct appeal were not barred in postconviction by the doctrine of res judicata because the defendants conviction and sentence were affirmed without a written opinion expressly addressing the claims of ineffective assistance of counsel
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 each such counterpart hereof will be deemed to be an original instrument, and all such counterparts together will constitute but one agreement. Valid and binding signatures to this Agreement may be delivered by electronic transmission, such as facsimile and .PDF.

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: During the Term, Executive shall be employed by the Company as Chief Executive Officer of the Company, and, as such, Executive shall faithfully perform for the Company the duties of said office and shall perform such other duties of an executive, managerial or administrative nature as shall be specified and designated from time to time by the Board of Directors of the Company (the “Board”), which duties shall not be materially inconsistent with the duties performed by executives holding similar offices with real estate investment trusts. Executive shall devote substantially all of his business time and effort to the performance of his duties hereunder, except that Executive may devote reasonable time and attention to civic, charitable, business or social activities so long as such activities do not interfere with Executive’s employment duties. Executive shall comply with the policies, standards, and regulations established from time to time by the Company.

assistant: Duties
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 validity, construction and effect of this Award, and any rules and regulations relating thereto, shall be determined in accordance with federal law and the laws of the State of Nevada (without regard to any provision that would result in the application of the laws of any other state or jurisdiction).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of any stock split, stock dividend, recapitalization, reorganization, merger, consolidation, combination, exchange of shares, liquidation, spin-off or other similar change in capitalization or event, or any distribution to holders of Common Stock other than a regular cash dividend, or any other corporate transaction or event having an effect similar to any of the foregoing, the number and class of securities available under this Plan, the maximum number of shares of Common Stock with respect to which options, SARs, Stock Awards or Performance Share Awards or a combination thereof may be awarded during any calendar year to any one person, the maximum number of shares of Common Stock that may be issued pursuant to awards in the form of Incentive Stock Options, the number and class of securities subject to each outstanding option and the purchase price per security, the terms of each outstanding SAR, the number and class of securities subject to each outstanding Stock Award, and the terms of each outstanding Performance Share or Performance Share Unit, plus the other terms of outstanding awards, shall be appropriately adjusted by the Committee, such adjustments to be made in the case of outstanding options and SARs without an increase in the aggregate purchase price or base price and in accordance with Section 409A of the Code. Moreover, in the event of any such transaction or event, the Committee shall provide in substitution for any or all outstanding awards under this Plan such alternative consideration (including cash), if any, as it, in good faith, shall determine to be equitable in the circumstances and shall require in connection therewith the surrender of all awards so replaced in a manner that complies with Section 409A of the Code. In addition, for each option or SAR with a purchase price or base price, as applicable, greater than the consideration offered in connection with any such transaction or event, the Committee may in its discretion elect to cancel such option or SAR without any payment to the person holding such option or SAR. The decision of the Committee regarding any such adjustment shall be final, binding and conclusive.

assistant: Adjustments
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: facts or data to form opinions or inferences, the facts or data need not be admissible as evidence. Id. Respondent’s appraiser testified that he relied on the deceased appraiser’s report for building size, land layout and the report’s role in a “real life transaction,” as a bank relied on the deceased appraiser’s report to evaluate financing in 1994. Because the deceased appraiser’s report was offered for a purpose consistent with Rule 703(a), we conclude that the tax court did not abuse its discretion in admitting the report into evidence as part of respondent’s appraiser’s report. Even if the county had demonstrated that the tax court abused its discretion in admitting the report, we do not find the evidentiary ruling unfairly prejudiced the county. See Marquette, 589 N.W.2d at 307 (<HOLDING>). The report is mentioned briefly in a footnote Options: A. holding to warrant reversal the appellant must show both the error of the ruling and resulting prejudice B. holding that prosecutorial error does not warrant reversal unless substantial prejudice results C. holding that even if evidence admitted in error admission must result in material prejudice to warrant reversal D. holding that even when the trial court commits error in allowing the admission of hearsay statements one must show that such error was prejudicial in order to warrant reversal E. holding any error in admission of evidence cured when same evidence later admitted without objection

assistant: The best answer is C. holding that even if evidence admitted in error admission must result in material prejudice to warrant reversal
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 the execution, delivery or performance by Buyer of this Agreement or any other Transaction Document to which Buyer is a party, nor the consummation of the transactions contemplated hereby or thereby, nor compliance with the terms and provisions hereof or thereof, (a) will contravene any provision of any applicable law, statute, rule or regulation, or any judgment, decree, franchise, ruling, order or permit of any court or governmental authority applicable to Buyer; or (b) will conflict or be inconsistent with the organizational documents of Buyer.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Issuer will, or will cause the Administrator to, indemnify the Asset Representations Reviewer and its officers, directors, employees and agents (each, an “Indemnified Person”), for all fees, expenses, losses, damages and liabilities resulting from the performance of its obligations under this Agreement (including the fees and expenses of defending itself against any loss, damage or liability), but excluding any fee, expense, loss, damage or liability resulting from (i) the Asset Representations Reviewer’s willful misconduct, bad faith or negligence (other than errors in judgment) or (ii) the Asset Representations Reviewer’s breach of any of its representations or warranties in this Agreement.

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 re H.V.). This duty is not changed by the divorce of Ross and Lizabeth, and “a person who provides necessaries” under section 151.001(c) can include Lizabeth, even though she is a parent of the children. See In re B.I.V., 923 S.W.2d 573, 574-75 (Tex.1996); Office of Attorney General v. Carter, 977 S.W.2d 159, 160-61 (Tex.App.-Houston [14th Dist.] 1998, no pet.). For more than a century, Texas courts have held that reasonable attorney’s fees incurred for the benefit of a minor may constitute necessaries. See Searcy v. Hunter, 81 Tex. 644, 17 S.W. 372, 373 (Tex.1891) (stating that reasonable attorney’s fees for the benefit of a minor in prosecuting a civil suit to recover money or property for the minor may be necessaries); Askey v. Williams, 74 Tex. 294, 11 S.W. 1101, 1101-02 (1889) (<HOLDING>). Three years ago, the Supreme Court of Texas Options: A. holding that trial court properly assessed mothers attorneys fees as necessaries against father in case in which trial court ordered father to pay mothers attorneys fees as child support but did not state that the fees were necessaries B. holding that attorneys fees are necessaries for the criminal de fense of a child C. holding that attorneys fees are necessaries in a civil suit to recover money or property for the minor D. holding that reasonable attorneys fees for the benefit of a minor in defending the minor against a criminal charge were necessaries E. holding that attorneys fees are necessaries for the criminal defense of a child

assistant: The best answer is D. holding that reasonable attorneys fees for the benefit of a minor in defending the minor against a criminal charge were necessaries
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 hereto acknowledges that money damages would not be an adequate remedy in the event that any of the covenants or agreements in this Agreement are not performed by the Parties in accordance with its terms, and it is therefore agreed that in addition to and without limiting any other remedy or right each party may have, each Party will have the right to an injunction, temporary restraining order or other equitable relief in any court of competent jurisdiction enjoining any such breach and enforcing specifically the terms and provisions hereof.

assistant: Enforcements
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 file a Current Report on Form 8-K, including the Transaction Documents and a press release describing the transactions contemplated herein as exhibits thereto, with the SEC within the time required by the Exchange Act. From and after the issuance of such press release, the Company represents to the Purchaser that it shall have publicly disclosed all material, non-public information delivered to Purchaser by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. In addition, effective upon the issuance of such press release, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, agents, employees or Affiliates on the one hand, and the Purchaser or any of its Affiliates on the other hand, shall terminate. The Company and Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of Purchaser, or include the name of Purchaser in any filing with the SEC or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents with the SEC and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchaser with prior notice of such disclosure permitted under this clause (b).

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we are not responsible for and do not give any warranties or make any representations regarding any causes that are introduced and do not give any warranties and are not responsible for or liable in relation to involvement in these causes or any outcome from any involvement .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Borrower shall take, and cause each other Loan Party to take, such actions as are necessary or as the Administrative Agent or the Required Lenders may request from time to time, at the Borrower’s expense, to carry out more effectively the purposes of the Loan Documents and to ensure that the Secured Obligations are secured by substantially all of the assets of the Loan Parties as well as all Equity Interests of each Domestic Subsidiary (other than an Excluded Domestic Subsidiary) and 65% of all voting Equity Interests (and 100% of all non-voting Equity Interests) of each Foreign Subsidiary and Foreign Subsidiary Holdco that, in each case, is owned directly by the Borrower or a Domestic Subsidiary (other than a Foreign Subsidiary Holdco), and guaranteed by each Domestic Subsidiary (other than an Excluded Domestic Subsidiary) including, upon the acquisition or creation thereof, any such Domestic Subsidiary which is a Material Subsidiary acquired or created after the Effective Date, in each case as the Administrative Agent may determine, including (i) the execution and delivery of guaranties, security agreements, pledge agreements, Mortgages, financing statements and other documents, and the filing, registering or recording (or re-filing, re-registering or re-recording) of any of the foregoing, in each such case to the extent required pursuant to the terms hereof and (ii) the delivery of certificated securities and other Collateral required to be provided under the Security Agreement with respect to which perfection is obtained by possession.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: policy of the Act — achieving uniformity of cigarette labeling. See 15 U.S.C. § 1331 (Supp.1999) (stating that one policy of the act is to avoid “diverse, nonuniform, and confusing cigarette labeling and advertising regulations with respect to any relationship between health and smoking.”) Plaintiff attempts to distinguish her claims from those in Cipollone by arguing that her claims would not impose a duty with respect to “advertising or promotion.” This argument is unpersuasive. Each of the strict liability and negligence allegations enumerated in footnote six would impose liability for failing to disclose information in addition to that required by the Labeling Act. For this reason, the claims are preempted. See Allgood v. R.J. Reynolds Tobacco Co., 80 F.3d 168, 171 (5th Cir.1996) (<HOLDING>). Accordingly, Plaintiffs strict liability and Options: A. holding that a failure to warn was not a policy judgment B. holding that all claims premised upon a failure to warn after 1969 are preempted C. holding that fifra preempts state law failure to warn claims D. holding that the plaintiffs causes of action were preempted because their claims were premised on the existence of an erisa plan E. holding that defense may only be raised in context of negligent failure to warn claims

assistant: The best answer is B. holding that all claims premised upon a failure to warn after 1969 are preempted
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: See In re Szostek, 886 F.2d 1405, 1413 (3d Cir.1989) (secured creditor's failure to object to confirmation leaves the creditor bound by the provisions of the confirmed plan with respect to its rights as a secured claimant under § 1325(a)(5)); In re Arkell, 165 B.R. 432, 434 (Bankr.M.D.Tenn.1994) (creditor's claim that "the extent of its security interest was improperly limited by the confirmation order had to be litigated before confirmation”). 11 . In any event, the res judicata effect of § 1327(a) prohibits the IRS from extracting payments for penalties and interest not provided for under the confirmed Plan and prohibits the IRS from mandating payment of unsecured claims at a higher level than that set out in the Plan. See In re Habtemichael, 190 B.R. 871, 874 (Bankr.W.D.Mo.1996) Options: A. holding that a district court is entitled to give more weight to the seriousness of the offense than to other factors B. holding that the secured creditor was only entitled to the amount of its claim as provided in the debtors chapter 13 plan when the destruction of the vehicle yielded insurance proceeds greater than the secured creditors claim C. holding that secured creditor was entitled to relief from the stay because the debtors proposed plan had no reasonable prospect of confirmation as a result of its improper classification scheme D. recognizing that when a creditor does not receive adequate notice the creditor is not bound by the confirmation order E. holding that a secured creditor is not entitled to receive any more than that to which it was entitled pursuant to the terms of the confirmed plan

assistant: The best answer is E. holding that a secured creditor is not entitled to receive any more than that to which it was entitled pursuant to the terms of the confirmed plan
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: claiming that all of Oja’s state law claims were preempted by the MDA. The district court denied Howmedica’s motion and its motion for reconsideration. At the close of the evidence, Howmedica moved for a directed verdict on all of Oja’s state law claims based on MDA preemption. The district court denied the motion. After the jury returned its verdict, Howmedica renewed its motion for judgment as a matter of law, arguing only that the MDA preempted Oja’s negligent failure to warn claim. The district court denied the motion. On appeal, Howmedi-ca again argues only that the MDA preempts Oja's negligent failure to warn claim. Thus, we do not address whether the MDA preempts any of Oja’s other state law claims. See State Farm Fire & Cas. Co. v. Mhoon, 31 F.3d 979, 984 n. 7 (10th Cir.1994) (<HOLDING>). 2 . Oja underwent her PCA hip surgery on July Options: A. holding that the petitioners failure to address an issue in the argument portion of his opening brief waived the issue B. holding that the failure to raise an issue in the opening brief waives the issue C. holding that a partys failure to raise an issue in the opening brief waived the issue even though the party raised the issue in his reply brief D. holding that a party abandoned an issue by failing to raise it in the opening brief E. holding that failure to raise issue in brief constitutes waiver of appeal of the issue

assistant: The best answer is B. holding that the failure to raise an issue in the opening brief waives the issue
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 to indemnify and hold evernote , its subsidiaries , affiliates , officers , agents , employees , advertisers , service providers and other partners harmless from and against any and all claims , liabilities , damages ( actual and consequential ) , losses and expenses ( including legal and other professional fees ) arising from or in any way related to any third party claims relating to your use of any of the service , any violation of these terms of service or any other actions connected with your use of the service ( including all actions taken under your account ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in counterparts, all of which taken together shall constitute one and the same instrument. Delivery of a counterpart by facsimile or other electronic transmission (e.g., .pdf) shall be effective as delivery of a manually executed original 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: Each covenant and agreement in this Lease shall for all purposes be construed to be a separate and independent covenant or agreement. If any provision in this Lease or the application thereof shall to any extent be invalid, illegal or otherwise unenforceable, the remainder of this Lease, and the application of such provision other than as invalid, illegal or unenforceable, shall not be affected thereby; and such provisions of this Lease shall be valid and enforceable to the fullest extent permitted by law.

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: Neither Party has assigned or transferred any claim such Party is releasing, nor has such Party purported to do so. If any provision in this Agreement is found to be unenforceable, all other provisions will remain fully enforceable. This Agreement binds the Parties and their heirs, administrators, representatives, executors, successors, and assigns, and will inure to the benefit of all of the Company Released Parties and Employee Released Parties and their respective heirs, administrators, representatives, executors, successors, and assigns.

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: During the Employment Period, the Executive shall receive a base salary (such base salary, as it may be increased from time to time hereunder, the “ Annual Base Salary ”) at the annual rate of $200,000. The Annual Base Salary shall be payable in accordance with the Company’s payroll practices as in effect from time to time, subject to applicable taxes and withholding. During the Employment Period, the Annual Base Salary shall be reviewed for possible merit increases at least annually but shall not be reduced during the Employment Period.

assistant: Base Salary