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: a bag of marijuana and an audiotape recording of the drug transaction, on which the defendant’s voice was identified. 85 S.W.3d at 462. In addition, a videotape recording was made of the informant’s actions as he entered the defendant’s car. Id. This evidence was held to sufficiently connect the defendant with the crime. Id. Likewise, in Jefferson, an officer testified that he searched the informant, placed an audio recording device on her and turned it on, observed the informant enter a house to make a drug transaction, turned the device off when she returned and introduced the recording into evidence and identified the defendant’s voice on the recording. This evidence was held sufficient to corroborate the informant’s testimony. 99 S.W.3d at 792; see also Brown, 159 S.W.3d at 708-11 (<HOLDING>); Dennis v. State, 151 S.W.3d 745, 749 Options: A. holding that ownership of vehicle and presence at scene of crash sufficiently corroborated appellants statement B. holding testimony of officer and narcotics investigator who both witnessed drug transaction coupled with audio recording of transaction constituted sufficient corroboration C. holding that a controlled buy at a particular home provided probable cause for the search of that residence D. holding informants testimony corroborated by evidence consisting of defendants presence at scene coupled with cash found in his pocket carrying serial numbers matching those provided to informant for controlled buy and videotape of transaction included conversation of defendant regarding prior drug sale E. holding that affidavit officer submitted to state court judge coupled with officers sworn testimony before that judge regarding informants controlled drug purchases at defendants residence sufficed to establish probable cause

assistant: The best answer is D. holding informants testimony corroborated by evidence consisting of defendants presence at scene coupled with cash found in his pocket carrying serial numbers matching those provided to informant for controlled buy and videotape of transaction included conversation of defendant regarding prior drug sale
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 either any amount under this Note is not paid in full when due or upon the occurrence of an Event of Default, the Lender may declare the unpaid principal sum, accrued and unpaid interest and all other amounts under this Note immediately due and payable and all amounts due under the Loan Agreement and the other Loan Documents immediately due and payable. In such event, the Lender shall have all of the rights and remedies set forth in the Loan Agreement and the other Loan Documents. The failure to exercise any of the rights and remedies set forth in the Loan Agreement or the other Loan Documents shall not constitute a waiver of the right to exercise the same or any other option at any subsequent time in respect of the same event or any other event. The acceptance by Lender of any payment which is less than payment in full of all amounts due and payable at the time of such payment shall not constitute a waiver of the right to exercise any rights and remedies at that time or at any subsequent time or nullify any prior exercise of any such rights and remedies.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Nothing in this Section shall prohibit the exchange of Restricted Shares pursuant to a plan of merger or reorganization for shares of Common Stock or other securities of the Company or another entity that is a party to the reorganization, provided that the shares or securities so received in exchange for Restricted Shares shall, except as provided in Section 13, become subject to the restrictions applicable to such Restricted Shares. Any shares of Common Stock received as a result of a stock split or stock dividend with respect to Restricted Shares shall also become subject to the restrictions applicable to such Restricted Shares.

assistant: Miscellaneous
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 Consent may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument. If a court finds any provision of this Consent unenforceable, all other provisions shall remain enforceable to the maximum extent permitted by law. This Consent may be amended only by a written instrument executed by Borrower, Guarantor, Agent and the Majority in Interest Party. If there is any conflict between the provisions of this Consent and the provisions of the Loan Agreement, the provisions of this Consent shall prevail. All paragraph headings or captions are provided for information purposes only and shall not be construed in the interpretation of the applicable paragraph. Section 18(f) of the Loan Agreement is incorporated herein by reference.

assistant: Miscellaneous
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 later impose imprisonment and did not pertain to enhancement of the charge. Id. We reasoned that “[t]he lack of reliability in an uncounseled conviction that prevents the imposition of incarceration also prevents the enhancement of the charge.” Id. We concluded that “the reasoning of Baldasar and our own view of the importance of counsel preclude an enhanced conviction as well as a sentence of imprisonment.” Id. Ten years later the United States Supreme Court partially overruled Balda-sar. In Nichols, the Court held an un-counseled misdemeanor conviction could enhance a later offense so long as no incarceration was imposed in the first prosecution. 511 U.S. at 748-49, 114 S.Ct. at 1928, 128 L.Ed.2d at 755. But see id. at 748 n. 12, 114 S.Ct. at 1928 n. 12, 128 L.Ed.2d at 755 n. 12 (<HOLDING>); Iowa R.Crim. P. 2.28. We recognized this Options: A. recognizing that under the act states are granted federal funds to provide disabled children with a free appropriate public education in the least restrictive environment B. holding the states smv statute as applied to old order amish defendants unconstitutional because the states interest in public safety was not sufficiently compelling to override the right to free exercise protected by the first amendment of the united states constitution C. recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights D. recognizing states are free to afford more protections to defendants E. recognizing appellate courts are not free to rewrite rules

assistant: The best answer is D. recognizing states are free to afford more protections to defendants
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 indemnify and hold Executive harmless for all acts and omissions occurring during his employment with the Company or service as a member of the Board to the extent provided under the Company’s charter, by-laws and applicable law, and shall promptly advance to Executive or Executive’s heirs or representatives all damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and expenses) (collectively, “ Expenses ”) as a result of any claim, demand, request, investigation, dispute, controversy, threat, discovery request or request for testimony or information (collectively, a “ Claim ”) or any proceeding (whether civil, criminal, administrative or investigative), or any threatened Claim or proceeding (whether civil, criminal, administrative or investigative), against Executive that arises out of or relates to Executive’s service as an officer, director or employee, as the case may be, of the Company, or Executive’s service in any such capacity or similar capacity with an affiliate of the Company or other entity at the request of the Company, upon receipt by the Company of a written request with appropriate documentation of such Expenses, and an undertaking by Executive to repay the amount advanced if it shall ultimately be determined that Executive is not entitled to be indemnified by the Company against such Expenses. During the Employment Term and for a term of six years thereafter, the Company, or any successor to the Company, shall purchase and maintain, at its own expense, directors and officers liability insurance providing coverage for Executive in the same amount as for members of the Board.

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: 1093 (“Moreover, unlike an encounter on the street or along a highway, an in-home arrest puts the officer at the disadvantage of being on his adversary’s ‘home turf.’ An ambush in a confined setting of unknown configuration is more to be feared than it is in open, more familiar surroundings”). These rows would have given a fugitive or confederates excellent places to hide. D. The Admissible Evidence Is Limited The plain view exception to the Fourth Amendment clearly applies in this case: (1) Special Agent Scartozzi was lawfully present when he conducted a protective sweep pursuant to Buie, and (2) there was probable cause to believe that the “drug paraphernalia” seen was evidence of criminal conduct under United States v. Main Street Distrib., Inc., 700 F.Supp. 655, 659 (E.D.N.Y.1988) (<HOLDING>). See Horton, 496 U.S. 128, 110 S.Ct. 2301, 110 Options: A. holding that under fourth amendment standards for determining probable cause for arrest and probable cause for search and seizure are same B. holding that even though containers were not contraband under an earlier drug paraphernalia statute a totality of the circumstances test for determining probable cause could include consideration of such containers C. holding that probable cause inquiry is whether considering totality of the circumstances there is a fair probability that contraband will be found in a particular place D. holding that a totality of circumstances standard was proper for determining probable cause for issuance of a search warrant based on information from an informant E. recognizing that totality of circumstances must be considered in determining permissible inferences

assistant: The best answer is B. holding that even though containers were not contraband under an earlier drug paraphernalia statute a totality of the circumstances test for determining probable cause could include consideration of such containers
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 costs and expenses incurred in connection with this Agreement and the obligations hereunder shall be paid by the party incurring such costs and expenses, whether or not the transactions contemplated by the Merger Agreement are consummated.

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: these terms of use ( `` terms of use '' ) are a legal agreement concluded between you ( `` licensee '' ) and protogeo oy of salomonkatu 17 a , fi-00100 helsinki , finland ( `` licensor '' ) for the moves app ( `` service '' ) .

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: Borrower shall, at its expense and without expense to the Lenders or the Administrative Agent, do, execute and deliver such further acts and documents as the Requisite Lenders or the Administrative Agent from time to time reasonably require for the assuring and confirming unto the Lenders or the Administrative Agent of the rights hereby created or intended now or hereafter so to be, or for carrying out the intention or facilitating the performance of the terms of any Loan Document.

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: v. Extendicare Health Servs., Inc., 515 F.3d 836, 841 (8th Cir.2008). The Court finds that McCracken did not engage in statutorily protected conduct. Internal disputes over matters of office and personnel management fail to support a whistleblower complaint for want of a violation of law. See Hedglin v. City of Willmar, 582 N.W.2d 897, 902 (Minn.1998). Further, reports made in the normal course of an employee’s job duties are not statutorily protected activity. See Carlson v. Extendicare Health Services, Inc., Civil File No. -05-1438 (MJD/SRN), 2006 WL 2069254, at *6 (D.Minn. July 26, 2006) (“[Ejmployees do not engage in protected activity when making reports in the normal course of their job duties.”); see also Freeman v. Ace Telephone Ass’n, 404 F.Supp.2d 1127, 1140 (D.Minn.2005) (<HOLDING>). b. Adverse Employment Action McCracken claims Options: A. holding that police report of witnesss statement was inadmissible because witness had not adopted report as accurate when matter was fresh in his memory B. holding that ceo was simply doing his job in making report because he was responsible for the financial health of the company and had a duty to report to the board any irregularities in the boards practices C. holding that rule was not violated where officer stated he made a report but was unable to find it because there was no report to tender to counsel D. holding that the defendant conceded the accuracy of his prior convictions in his psi report by failing to object to the report E. holding that the defendants prior conviction referenced in his presentence report could be taken as admitted because he had made no objection to the facts in his report

assistant: The best answer is B. holding that ceo was simply doing his job in making report because he was responsible for the financial health of the company and had a duty to report to the board any irregularities in the boards practices
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 not sell, offer for sale or solicit offers to buy or otherwise negotiate in respect of any security (as defined in Section 2 of the Securities Act) that would be integrated with the Exchange of the Original Notes in a manner that would require the registration under the Securities Act of the sale of the Exchange Note or that would be integrated with the offer of the Exchange Note for purposes of the rules and regulations of any Trading Market such that it would require Company shareholder approval prior to the closing of such other transaction unless such shareholder approval is obtained before the closing of such subsequent transaction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: under a utility patent,” id. at 142, 122 S.Ct. 593, as there is in the PVPA, see 7 U.S.C. § 2543 (2000), yet it held nonetheless that the two statutory schemes could “mutually coexist,” J.E.M. AG Supply, 534 U.S. at 143, 122 S.Ct. 593 (internal quotation marks omitted). In light of the Supreme Court’s interpretation of Congress’s intent, we conclude that Congress did not intend to prohibit owners of utility patents from enforcing seed-saving prohibitions in their licenses. VIII Finally, McFarling argues that the district court erred in holding that the 120 multiplier on the technology fee in the Technology Agreement was a valid and enforceable liquidated damages clause under Missouri law. Upon independent review, see Robert Blond Meat Co. v. Eisenberg, 273 S.W.2d 297, 299 (Mo.1954) (<HOLDING>), we agree with McFarling that the liquidated Options: A. holding that liquidated damages under the adea are intended to punish and deter while contrasting them to the legislative purpose of liquidated damages under the fsla B. holding that because liquidated damages under the adea are punitive in nature a jurys award of state punitive damages and adea liquidated damages constitutes a double recovery and therefore reducing the total recovery by the amount of the liquidated damages award C. holding it is a question of fact D. recognizing a 44 percent liquidated damages clause as routine and reasonable E. holding that the validity of a liquidated damages clause is a question of law and reviewing it without deference

assistant: The best answer is E. holding that the validity of a liquidated damages clause is a question of law and reviewing it without deference
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: Tobacco Co., 177 F.R.D. 491, 498 (D.Kan. 1997) (stating that "[e]ven if there is a general prospect of litigation, a document is not protected by work product immunity if the document was prepared merely in the regular course of business.” Id.) 56 . See Marten, 1998 WL 13244, at * 11. 57 . Id. 58 . See U.S. Fire Ins. Co. v. Bunge N. Am., Inc., No. 05-2192-JWL, 2008 WL 2548129, at *7 (D. Kan. June 23, 2008) (overruling work-product objection because plaintiff, in its privilege log, relied only on eonclusory assertions that the documents were created in anticipation of litigation and did not provide sufficient information for the court to determine whether the materials were created in the ordinary course of business); Bo-hannon v. Honda Motor Co., 127 F.R.D. 536, 539 (D.Kan. 1989) (<HOLDING>); McCoo, 192 F.R.D. at 683 (holding that Options: A. holding that because plaintiff could not establish which portions of the tapes had been played in court plaintiff failed to meet his burden B. holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction C. holding that the burden is on the plaintiff D. holding that plaintiff did not meet his burden to establish workproduct protection because he relied on bare conclusions unsupported by affidavit or other specific explanation E. holding that a physician who relied only on personal observation without any personal study or experiment to justify his conclusions did not meet the daubert standard

assistant: The best answer is D. holding that plaintiff did not meet his burden to establish workproduct protection because he relied on bare conclusions unsupported by affidavit or other specific explanation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Bank shall cause the Executive to be paid an annual base salary (the “Base Salary”) as determined by the Board of Directors of ANC or its Compensation Committee (the “Compensation Committee”), which Base Salary, however, shall not be less than $263,750 per year, subject to all applicable withholdings. The Base Salary shall be paid in approximately equal installments to the Executive in accordance with established payroll practices of the Bank (but no less frequently than monthly).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: UPS for damages “resulting to [UPS] either directly or indirectly, from or out of ... (d) any and all Retained Liabilities.” Purchase Agreement, § 11.02. It is undisputed that these “Retained Liabilities” included damages stemming from the Cargo Aerea litigation. Purchase Agreement, Schedule l.Ol(aaa). The arbitration order was therefore rooted in Centurion’s duty to indemnify. Indeed, the issue was arbitrable only because it involved indemnity claims. See Jan. 30, 2002 Settlement Agreement, § 5 (found at 02-21656-CIV-KING (DE # 10)) (“The parties hereby agree to submit to arbitration ... the Indemnity Claims.”); Id., Ex. C (including the Costa Rican lawsuit as an “Indemnity Claim”); Judge King’s Aug. 22, 2002 Judgment Confirming Arbitration Order (found at 02-21656-CIV-KING (DE # 19)) (<HOLDING>). Accordingly, UPS offset its monthly Options: A. holding that an indemnity provision need not be valid and enforceable to trigger obligations under the contract so long as the parties agreed to indemnity B. holding that because the parties agreed to arbitrate the particular issue any doubt about who should decide the consolidation issue was resolved in favor of the arbitrator C. holding that because the parties agreed to arbitrate and both placed the issue before the arbitrator the issue of consolidation was for the arbitrator D. holding that an indemnitee must be proven to be free of negligence in order to receive indemnity either under a general indemnity agreement or under implied indemnity E. holding that arbitrator had jurisdiction because the parties agreed to arbitrate indemnity claims flowing from the costa rican litigation pursuant to settlement agreement

assistant: The best answer is E. holding that arbitrator had jurisdiction because the parties agreed to arbitrate indemnity claims flowing from the costa rican litigation pursuant to settlement agreement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless otherwise specifically provided herein, any notice or other communication herein required or permitted to be given to a Credit Party, the Collateral Agent, Co-Collateral Agents, the Administrative Agent, the Swing Line Lender or an Issuing Bank, shall be sent to such Person’s address as set forth on Appendix B or in the other relevant Credit Document, and in the case of any Lender, the address as indicated on Appendix B or otherwise indicated to the Administrative Agent in writing. Each notice hereunder shall be in writing and may be personally served, emailed, telexed or sent by facsimile or United States mail or courier service and shall be deemed to have been given when delivered in person or by courier service and signed for against receipt thereof, upon receipt of email, facsimile or telex, or three Business Days after depositing it in the United States mail with postage prepaid and properly addressed; provided , no notice to any Agent shall be effective until received by such Agent.

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: This Agreement may be terminated by Purchaser, as to Purchaser’s obligations hereunder by written notice to the Company, if the Initial Closing has not been consummated on or before March 15, 2019; provided , however , that such termination will not affect the right of any party to sue for any breach by any other party (or parties).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Sell, lease or otherwise transfer any property or assets to, or purchase, lease or otherwise acquire any property or assets from, or otherwise engage in any other transactions with, any of its Affiliates, except (a) in the ordinary course of business at prices and on terms and conditions not less favorable to the Borrower or such Restricted Subsidiary than could be obtained on an arm’s-length basis from unrelated third parties, (b) transactions between or among the Loan Parties and (c) any Restricted Payment permitted by Section 7.5 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent permitted by law, in the event of Executive’s physical or mental disability that prevents Executive from performing the essential functions of Executive’s duties under this Agreement (with or without reasonable accommodation) for a period of at least ninety (90) consecutive days in any twelve (12)-month period or one hundred twenty (120) non-consecutive days in any twelve (12)-month period, Company may terminate this Agreement and Executive’s employment hereunder upon giving written notice of termination to Executive.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: his house. 40 F.3d at 531. The officers stated that if the plaintiff cooperated they would keep the accusations out of the newspapers; read the accuser's statement to the plaintiff; loudly told the plaintiff that the statement was fact while slapping the paper loudly; told the plaintiff that if he did not work with the police it would be hard on the family; and falsely told the plaintiff that others had accused him of similar charges. Id. at 537. 27 . This claim was not made against Stephens in the Third Amended Complaint. "It is well established that a party cannot assert a claim for the first time in its motion papers.” Global Crossing Bandwidth, Inc. v. Locus Telecomm., Inc., 632 F.Supp.2d 224, 245 (W.D.N.Y.2009); see also Wright v. Ernst & Young LLP, 152 F.3d 169, 178 (2d Cir.1998) (<HOLDING>). However, the Parties agreed at oral argument Options: A. holding that where incorrectly named defendant filed a motion to dismiss and an answer with affirmative defenses and actively participated in discovery it led the plaintiff to believe that the correct defendant had been sued and that the plaintiff was therefore entitled to amend its complaint to correct the misnomer B. holding that an argument raised for the first time in response to defendants motion to dismiss instead of in an amended complaint was not properly raised before the district court and would not be considered on appeal C. holding that the district court did not abuse its discretion in denying leave to file a third amended complaint where the plaintiff had already been given opportunities to amend and did not indicate what additional facts he could plead to correct the deficiencies in his complaint D. holding plaintiffs reference to and attachment of franchise agreement excerpts in opposition to defendants motion did not convert motion to dismiss to motion for summary judgment because plaintiff did not introduce support for arguments beyond the allegations in the complaint E. holding that plaintiff failed to state a securities fraud claim based on a duty to correct since an alleged duly to correct did not appear anywhere in the amended complaint and did not enter the case until wright mentioned it for the first time in her opposition memoranda to the motion to dismiss

assistant: The best answer is E. holding that plaintiff failed to state a securities fraud claim based on a duty to correct since an alleged duly to correct did not appear anywhere in the amended complaint and did not enter the case until wright mentioned it for the first time in her opposition memoranda to the motion to dismiss
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: if any of these conditions shall be deemed invalid , void , or for any reason unenforceable , that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition .

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: Neither the Company nor any Subsidiary (i) is in violation in any material respect of any applicable federal, state, local, foreign or other law, statute, regulation, rule, ordinance, code convention, directive, order, judgment or other legal requirement (collectively, “ Laws ”) of any Governmental Entity or (ii) to the knowledge of the Company, is being investigated with respect to, or has been threatened in writing to be charged with or given notice of any violation in any material respect of, any applicable Law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Obligors is in compliance with all terms and conditions of the Loan Agreement and the other Loan Documents on its part to be observed and performed and no Default or Event of Default has occurred and is continuing.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not require it to do so. In other words, had plaintiff opted to file its claim for PIP costs initially in the trial court, nothing in the contract language would have forbidden the suit from going forward. The insurance contract goes on to state that: PIP dispute resolution shall be conducted in accordance with the procedures set forth in N.J.A.C. 11:3-5, including any amendments. The final determination made by the dispute resolution professional shall be binding upon the parties, but subject to vacation, modification or correction by the Superior Court in an action filed pursuant to N.J.S.A 2A:23A-13 for review of the award. Plaintiff, as the assignee of this contract, is bound by these terms. See James Talcott, Inc. v. H. Corenzwit & Co., 76 N.J. 305, 309-10, 387 A.2d 350 (1978) (<HOLDING>). The APDRA, N.J.S.A. 2A:23A-18(b), clearly Options: A. holding that rights under vienna convention are not the equivalent of fundamental rights such as the right to counsel B. holding that the assignor of a patent retained substantial rights in the patent and must be added as an indispensable party C. holding that state rights are equivalent to federal rights in this area D. holding that an assignees rights are limited to the rights of the assignor and are subject to the equities and defenses that could have been asserted against the assignor before assignment E. holding that appellate jurisdiction over final orders of removal are limited to claims that have been exhausted before the bia

assistant: The best answer is D. holding that an assignees rights are limited to the rights of the assignor and are subject to the equities and defenses that could have been asserted against the assignor before assignment
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: found in this case, that the determinative weight of marijuana for purposes of the trafficking statute is when the marijuana is usable or suitable for consumption. We disagree. Defendant cites United States v. Lipp, 54 F. Supp. 2d 1025 (D. Kan. 1999), aff’d, 215 F.3d 1338 (2000), as guidance for their interpretation of “marijuana” as read in the North Carolina statutes. The Lipp case, also dealing with moist marijuana and its weight for the purpose of federal sentencing, interpreted 1993 and 1995 amend ments to the Federal Sentencing Guidelines (FSG). These amendments came in response to district courts that were issuing sentences for trafficking based on a weight of marijuana that included its natural water content. See United States v. Pinedo-Montoya, 966 F.2d 591 (10th Cir. 1992) (<HOLDING>); United States v. Garcia, 925 F.2d 170 (7th Options: A. holding that a sentencing courts drugquantity calculation can exceed the jurys drugquantity calculation by over fifty times so long as the sentence imposed does not exceed the maximum allowed by the jurys calculation and the sentencing courts calculation was supported by sufficient evidence B. holding that the weight of the blotter paper used as the distribution medium for lsd is included in the weight of the drug for sentencing purposes C. holding that where defendant objected in the district court only to the loss calculation and not specifically to the calculation of restitution the issue of restitution was not properly presented to the district court D. holding that the district court properly considered the moisture content in the calculation of the weight of the marijuana for sentencing purposes E. holding that district courts calculation of drug quantity under guidelines for purposes of sentencing did not violate stare decisis under neal because such calculation did not conflict with any controlling sentencing precedent

assistant: The best answer is D. holding that the district court properly considered the moisture content in the calculation of the weight of the marijuana for sentencing purposes
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: disagree. With regard to a child declarant, it is important that there be affirmative evidence of the child’s understanding of the purpose for which information is being obtained from her in order to preserve the trustworthiness guarantee inherent in Rule 803(4). Wade, 136 N.H. at 755. In Wade, the doctor testified only about her standard practice when initially seeing a patient and the importance of taking a medical history, thus shedding light on the doctor’s motives, but not the victim’s. Id. at 756. Here, Gladstone testified that she had a prior relationship with the victim concerning a separate medical issue and that she explained to the victim each time they met, including on the day of the assault, that she was a doctor for children. See State v. Lowe, 140 N.H. 271, 275 (1995) (<HOLDING>). She stated that the victim appeared to Options: A. holding that a trial courts finding of a fraudulent lien must be supported by competent evidence B. holding that fouryearold childs presence in familiar location where child had previously received medical care supported trial courts finding that statements were reliable C. holding that endangering conduct need not be engaged in in the childs presence D. holding that the trial court did not err in allowing a witness to testify regarding the child victims hearsay statements prior to the child testifying because ocga 24316 allows testimony about a childs outofcourt statements even in cases when the child does not appear as a witness as long as the child is available at the trial to testify E. holding that statements by a fouryearold child to a psychologist who introduced herself with her first name and as just another mommy were not admissible

assistant: The best answer is B. holding that fouryearold childs presence in familiar location where child had previously received medical care supported trial courts finding that statements were reliable
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 state to exercise personal jurisdiction over the defendant.”). These authors, although noting that the rule is designed to help plaintiffs, nonetheless note that if a plaintiff cannot identify a federal district court in a state with a long-arm statute that would reach the defendant: the clause seems destined to foment costly, time-consuming, superfluous, and distracting litigation about a defendant’s amenability to jurisdiction in different states. In an anomalous turnabout, those disputes would involve plaintiffs arguing that defendants are not subject to jurisdiction under any state long-arm statute and defendants arguing that they are and that the litigation is in the wrong state. Id. at 227. See also United States v. Offshore Marine Ltd., 179 F.R.D. 156, 157-59 (D.Vi.1998) (<HOLDING>). 9 . Plaintiff characterizes as a Options: A. holding that no basis existed for personal jurisdiction after reviewing the plaintiffs alleged contacts pursuant to the territorys longarm statute and rule 4k2 B. holding that personal jurisdiction is proper if party has sufficient minimum contacts C. holding that the massachusetts longarm statute provides for jurisdiction over a nonresident personal representative when the decedent had sufficient contacts with the forum such that the decedent would have been subject to personal jurisdiction had he lived D. holding that rule 4k2 provides an alternative basis for jurisdiction to the extent that plaintiffs allegations do not support jurisdiction under the virginia longarm statute E. holding minimum contacts were necessary for personal jurisdiction over defendant

assistant: The best answer is A. holding that no basis existed for personal jurisdiction after reviewing the plaintiffs alleged contacts pursuant to the territorys longarm statute and rule 4k2
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: (quoting United States v. Vesich, 724 F.2d 451, 454 (5th Cir.1984)), cert. denied, 479 U.S. 923, 107 S.Ct. 329, 93 L.Ed.2d 302 (1986). The authority for this proposition derives from the opinion in Pettibone v. United States, 148 U.S. 197, 13 S.Ct. 542, 37 L.Ed. 419 (1893), where, in interpret t have a relationship in time, causation, or logic with the judicial proceedings.” Id. at 599, 115 S.Ct. 2357. We see an obvious and overwhelming nexus in time, causation, and logic between Novak's willful and repeated violations of the lawful conditions of his supervised release and the sentencing proceeding imposing those conditions in the first place. Furthermore, we are not persuaded by the pre-Aguilar analysis of our sister circuit in Haiti v. United States, 260 F.2d 744, 746 (9th Cir.1958) (<HOLDING>), and its progeny. 12 . Indeed, the government Options: A. recognizing the tort of interference with prospective contractual relations as a subspecies of the broader tort of interference with prospective economic advantage B. recognizing that wrongful or malicious interference with atwill employment contract may give rise to a tortious interference claim the fact that the employment is at the will of the employer and the employee does not make it one at the will of third parties C. recognizing the tort of wrongful interference with anothers business relations D. holding improper conduct to be an element of the tort of intentional interference with an advantageous business relationship E. holding that interference with terms of anothers probation was not interference with due administration of justice under 1503 reading omnibus clause of 1503 narrowly ejusdem generis to relate to conduct designed to interfere with the process of arriving at an appropriate judgment in a pending case and which disturb the ordinary and proper functions of the court

assistant: The best answer is E. holding that interference with terms of anothers probation was not interference with due administration of justice under 1503 reading omnibus clause of 1503 narrowly ejusdem generis to relate to conduct designed to interfere with the process of arriving at an appropriate judgment in a pending case and which disturb the ordinary and proper functions of the court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except in the case of a change of control, merger, spin-off or other reorganization, neither Party shall assign any of its rights, or delegate any of its obligations, under this Agreement without the prior written consent of the other Party, which shall not be unreasonably withheld, conditioned, or delayed. In the event of a change of control, such Party's obligations hereunder shall be automatically assumed by the new controlling entity.

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: On or before the close of business on January 14th, 2016, the parties to the Purchase Agreement will deliver all signature pages to the various agreements and documents required to be delivered at the Closing into escrow with the parties' legal counsel. Such signature pages will be automatically released from escrow, and the related agreements and documents (other than as set forth in Section 1(l) above) will be deemed for all purposes to have been executed, on the Closing Date upon the receipt by the applicable payees of the various payments contemplated by Section 2.02 of the Purchase Agreement. Notwithstanding the foregoing, the documents referred to in Section 3.01(g)(iv) of the Purchase Agreement may be delivered after the date hereof provided they are all delivered prior to the Closing.

assistant: Closings
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 consent to the disclosure of certain personally identifiable information , as well as listing and order information , by ebay to pitney bowes inc. , and by pitney bowes inc. to its affiliates , service providers , and other third parties ( such as customs and revenue authorities , as well as other government agencies ) , in connection with the processing , export and customs clearance , and international transportation of any item .

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: No representation or warranty made by Credit Parties in this Agreement, the Revolving Loan Documents, the Acquisition Agreement, or in any financial statement, report, certificate or any other document furnished in connection herewith contains any untrue statement of fact or omits to state any fact necessary to make the statements herein or therein not misleading. There is no fact known to Credit Parties or which reasonably should be known to Credit Parties which Credit Parties have not disclosed to Agent in writing with respect to the transactions contemplated by this Agreement which could reasonably be expected to have a Material Adverse Effect.

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 legal provision and list the applicable contract clause categories. Provision: The Company and its subsidiaries have been duly organized or formed and are validly existing as corporations or limited liability companies in good standing under the laws of their respective places of incorporation or formation, as the case may be, with the corporate power and authority or the power and authority as a limited liability company, as applicable, to own their properties and conduct their business as described in the General Disclosure Package and the Final Offering Memorandum; the Company and each of its subsidiaries are duly qualified to do business as foreign corporations or foreign limited liability companies, as applicable, under the applicable law of, and are in good standing as such in, each jurisdiction in which they own or lease substantial properties, have an office, or in which substantial business is conducted and such qualification is required except in any such case where the failure to so qualify or be in good standing would not have a Material Adverse Effect upon the Company and its subsidiaries taken as a whole; and no proceeding of which the Company has knowledge has been instituted in any such jurisdiction, revoking, limiting or curtailing, or seeking to revoke, limit or curtail, such power and authority or qualification. The States of Colorado, Kansas, Nevada, Alabama, Tennessee, California, Illinois, the District of Columbia, New York, New Jersey and Texas and the Commonwealths of Pennsylvania and Virginia are the only jurisdictions in the United States in which the Company or any of its subsidiaries maintains an office or leases property.

assistant: Subsidiaries