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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by such Significant Stockholder of this Agreement and the consummation by such Significant Stockholder of the transactions contemplated hereby are (1) if such Significant Stockholder is an entity, within the corporate or other organizational powers of such Significant Stockholder and have been duly authorized by all necessary corporate or other organizational action or (2) if such Significant Stockholder is an individual, within the capacity of such Significant Stockholder. This Agreement constitutes a legal, valid and binding Agreement of such Significant Stockholder, enforceable against such Significant Stockholder in accordance with its terms, subject only to the effect of any applicable bankruptcy, insolvency, moratorium or similar law affecting creditors’ rights generally and to rules of law governing specific performance, injunctive relief and other equitable remedies. If this Agreement is being executed in a representative or fiduciary capacity, the Person signing this Agreement has full power and authority to enter into and perform this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon Landlord's receipt of the Approved Construction Drawings and the Permits, Landlord shall proceed with reasonable diligence to cause the Suite Improvements to be “Substantially Completed” in accordance with all terms and conditions set forth in this Work Letter on or before the “Substantial Completion Date” (as such terms are defined in Section V below).

assistant: Construction
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: Notices given pursuant to this Agreement shall be in writing and, except as otherwise provided by Subsection 14(d) hereof, shall be deemed given when actually received by the Executive or actually received by the Company’s Secretary or any officer of the Company other than the Executive. If mailed, such notices shall be mailed by United States registered or certified mail, return receipt requested, addressee only, postage prepaid, if to the Company, to MGIC Investment Corporation, Attention: Secretary (or President, if the Executive is the Secretary), 250 East Kilbourn Avenue, Milwaukee, Wisconsin 53202, or if to the Executive, at the address set forth below the Executive’s signature to this Agreement, or to such other address as the party to be notified shall have theretofore given to the other party in writing.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The investigation request form prepared by Kathryn Siegel alerted Elmer to the fact that petitioner had stated that a man named Charles Mitchell had seen petitioner “totally loaded” and “running down the street,” and petitioner himself told Elmer both before and during trial that Charles Mitchell could corroborate his account of the events preceding his entry into the Gonzalez home. Once he was made aware that Charles Mitchell was a witness to these events, Elmer was obligated to follow up with him to determine what he would say and whether he could give credible testimony in support of the defense. See, e.g., Riley, 352 F.3d at 1319. Of course, the Sixth Amendment does not require counsel to interview every possible witness. See LaGrand v. Stewart, 133 F.3d 1253, 1274 (9th Cir.1998) (<HOLDING>). Judicial scrutiny “must be highly Options: A. holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel B. holding that ineffective assistance of counsel constitutes cause for procedural default only if counsels performance was constitutionally ineffective C. holding counsel will be held ineffective if he made errors so serious that counsel was not functioning as the counsel guaranteed the defendant by the sixth amendment and such performance prejudiced the defense D. holding performance not ineffective where trial counsel reviewed transcripts of interviews conducted by others E. holding that reversal required where trial court did not attach portions of the transcripts to refute claim of ineffective assistance of trial counsel for failing to object to improper closing argument

assistant: The best answer is D. holding performance not ineffective where trial counsel reviewed transcripts of interviews conducted by 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: By its execution of this amendment,[Sales Agent] hereby consents to the addition of [Insert New Alternative Agents] as Alternative Agents and consents to the Company entering into Additional Sales Agreements with such Alternative Agents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No failure on the part of the Buyer to exercise and no delay in exercising, and no course of dealing with respect to, any right, power or privilege under any Facility Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege under any Facility Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. An Event of Default shall be deemed to be continuing unless expressly waived by the Buyer in writing.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: S.W.3d at 638; Gutierrez-Gomez, 321 S.W.3d at 682. When the record is silent regarding the consequences of conviction in the context of a guilty plea, we must infer that the defendant did not know the consequences of his plea. VanNortrick, 227 S.W.3d at 710-11; Gutierrez-Gomez, 321 S.W.3d at 682; Kelley v. State, 237 S.W.3d 906, 908 (Tex.App.-Houston [14th Dist.] 2007, pet. ref'd). A reviewing court may also consider record facts from which one would reasonably infer that a defendant did know the consequences of his plea. Burnett, 88 S.W.3d at 638; Gutierrez-Gomez, 321 S.W.3d at 682. Only a few Texas cases outline the sort of record evidence that would support an inference that appellant was aware of the consequences of his guilty plea. See, e.g., Gutierrez-Gomez, 321 S.W.3d at 682-84 (<HOLDING>); Hwang v. State, 130 S.W.3d 496, 500-01 Options: A. holding record insufficient to support inference appellant knew consequences of his plea when record is silent about whether appellant was actually informed that a guilty plea could result in his deportation B. holding that absence of defendants from part of voir dire discussing trial publicity with prospective jurors was error under rule 43 C. holding that the extent to which parties may examine prospective jurors on voir dire lies within the trial judges discretion D. holding statements during voir dire and oral motion in limine were merely opaque references to deportation but silent about whether appellant was actually informed that a guilty plea could result in his deportation and insufficient to support inference appellant knew consequences of his plea E. holding trial judges statement during voir dire that appellant likely would be automatically deported if released on probation along with references to deportation by defense counsel and prospective jurors supported inference that appellant knew consequences of plea

assistant: The best answer is E. holding trial judges statement during voir dire that appellant likely would be automatically deported if released on probation along with references to deportation by defense counsel and prospective jurors supported inference that appellant knew consequences of plea
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 to adopt a regulation requiring propeller guards on boats pre-empted Sprietsma’s claim. The Court held that the claim was not pre-empted, determining that although the Coast Guard intentionally declined to require propeller guards, it did not convey an authoritative message of a federal policy against them. 123 S.Ct. at 518. The Rolands argue that the NHTSA’s decision to allow manufacturers the option to install either lap only or lap/shoulder belts is essentially the-same as the Coast Guard’s decision in Sprietsma. We disagree. Sprietsma involved a complete absence of regulatory action with regard to propeller guards. The present case, however, involves a choice made available as part of the comprehensive regulatory action expressed in FMVSS 208. See Car-den, 509 F.3d at 232 (<HOLDING>). Sprietsma is not controlling here. In support Options: A. holding that the nhtsa identified particular policy reasons for its decision to allow manufacturers the option of selecting between the two seat belt designs and included this option as part of a comprehensive regulatory scheme B. holding that the decision of the bia will not be affirmed by this court unless the reasons for such a finding are made clear C. recognizing transfer as the better option D. holding that congress may regulate the intrastate noncommercial cultivation possession and use of marijuana as an essential part of a larger regulatory scheme E. holding that the trial court is required to provide reasons for its decision prior to appeal

assistant: The best answer is A. holding that the nhtsa identified particular policy reasons for its decision to allow manufacturers the option of selecting between the two seat belt designs and included this option as part of a comprehensive regulatory scheme
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: been updated to account for amendments to CrR 4.2(g) that took effect on September 1, 1996. Those amendments, however, are not material here. 4 CP at 5-8. 5 Report of Proceedings (RP) at 17. 6 Suppl. finding 6. 7 Suppl. finding 3. 8 Suppl. finding 7. 9 The trial judge did note this at a hearing held three years later. See RP 73-74. 10 CP at 51, lines 3-4. 11 CP at 20. 12 RP at 73; see also RP at 75. 13 RP at 73-74. 14 CrR 7.8(b) contains parallel provisions. It adds little to the statute for purposes of this case. For convenience, we refer only to the statute. 15 Br. of Appellant at 32. 16 99 Wn. App. 423, 993 P.2d 296 (2000). 17 In re Pers. Restraint of Hoisington, 99 Wn. App. at 431; see also State v. Robinson, 104 Wn. App. 657, 667, 17 P.3d 653, review denied, 145 Wn.2d 1002 (2001) (<HOLDING>). For additional cases in which the court or a Options: A. holding that 2401b of the ftca can be equitably tolled B. holding that 42 usc 405g may be equitably tolled based on a plaintiffs mental impairment C. recognizing that rcw 1073090 can be equitably tolled but declining to toll it in the particular case D. recognizing authority but declining to issue writ E. holding that such a dismissal may provide grounds to equitably toll the statute of limitations for a second habeas petition

assistant: The best answer is C. recognizing that rcw 1073090 can be equitably tolled but declining to toll it in the particular case
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as the best or most efficient way to perform its duties under the Act. * . It is thus largely irrelevant that, as asserted by the insurers, “[f]ive of the 15 states adopting the 1995 Model UPA in some form have also recently enacted DMF legislation,” explicitly imposing a duty to search that database. A similar enactment in West Virginia, as made evident by our holding today, would unnecessarily tread upon the insurers’ prerogative to decide how they will comply ■with the Act. The insurers, however, persuaded the circuit court to surmise' that “[s]uch legislation would be redundant or unnecessary if a duty to search already existed in the UPAs adopted by these states.” Cf. United Ins. Co. of Am. v. Commw., Dep’t of Ins., No. 2013-CA-000612-MR, 2014 WL 3973160 (Ky.Ct.App. Aug. 15, 2014) (<HOLDING>).. Were we to assume, however, that the Options: A. holding that the commission on remand can set the effective date of a rate to be the effective date of the original commission activity B. holding oneyear statute of limitations applies only to children born after the statutes effective date of september 1 1975 C. holding that the date of discrimination is the date on which a decision not to hire a plaintiff becomes effective D. holding that procedural or remedial statutes may not be applied to pending suits at the time they become effective if doing so would destroy or impair rights that vested before the statutes effective date E. holding that duty to search dmf imposed by new model legislation applied only to policies issued after statutes effective date of january 1 2013

assistant: The best answer is E. holding that duty to search dmf imposed by new model legislation applied only to policies issued after statutes effective date of january 1 2013
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 3. Promptly upon receipt of a written request by the Disclosing Party at any time (which will be effective if actually received or three days after mailed first class postage prepaid to the Receiving Party’s address herein), the Receiving Party will turn over to the Disclosing Party, or, at its sole discretion, destroy and certify to the Receiving party in writing the destruction of all Proprietary Information of the Disclosing Party and all documents or media containing any such Proprietary Information and any and all copies or extracts thereof; provided, however, the Company and its Representatives shall not be obligated to return or destroy Proprietary Information to the extent otherwise required by law, regulation, rule or practice governing professionals or any internal compliance policy or procedure required by law, regulation rule of practice governing professionals.

assistant: No
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: near a school, Grayned v. City of Rockford, 408 U.S. 104, 92 S.Ct. 2294, 33 L.Ed.2d 222 (1972); and restricted picketing at or near a courthouse, Cox v. Louisiana, 379 U.S. 559, 85 S.Ct. 476, 13 L.Ed.2d 487 (1965). The reach of the Texas statute, to the contrary, is far more extensive than the regulations that have been upheld, and closely resembles enactments that have been declared unconstitutionally overbroad. See Coates v. City of Cincinatti, 402 U.S. 611, 91 S.Ct. 1686, 29 L.Ed.2d 214 (1971) (declaring unconstitutional an ordinance making it a criminal offense for “three or more persons to assemble ... on any of the sidewalks ... and there conduct themselves in a manner annoying to persons passing by”). Cf. Carlson v. California, 310 U.S. 106, 60 S.Ct. 746, 84 L.Ed.2d 1104 (1980) (<HOLDING>). When a legitimate state interest was not Options: A. holding that a claim arises from the purchase or sale of a security only if there is an allegation of fraud in the purchase sale or issuance of the instrument B. holding that a statement of conditional sale of goods can be filed with the state auditor before the delivery of goods where statute says the statement must be filed within ten days of delivery of goods C. holding unconstitutionally overbroad an ordinance outlawing the display of a sign near a business to encourage others not to work or purchase goods there D. holding that contract requiring buyer to purchase a fixed quantity of goods that amounted to roughly 6080 of its needs was not unlawful because the agreements contained no exclusive dealing clause and did not require the buyer to purchase any amounts of the defendants product that even approached its requirements E. holding that a creditors pmsi in goods sold to debtors did not survive consolidation of the original installment contract with a later contract for the purchase of additional goods

assistant: The best answer is C. holding unconstitutionally overbroad an ordinance outlawing the display of a sign near a business to encourage others not to work or purchase goods there
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 not be modified or amended except in writing signed by the parties. No term or condition of this Agreement will be deemed to have been waived except in writing by the party charged with waiver. A waiver will operate only as to the specific term or condition waived and will not constitute a waiver for the future or act on anything other than that which is specifically waived.

assistant: Modifications
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 expressly provided in this Agreement, nothing herein is intended to, or does, in any manner waive, limit, impair, or restrict any right of any Supporting Holder, Indenture Trustee or SAE or the ability of each of the Supporting Holders, Indenture Trustee or SAE to protect and preserve its respective rights, remedies and interests. If the Restructuring is not consummated, or if this Agreement is terminated for any reason, the Parties fully reserve any and all of their rights.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Not later than immediately prior to the Closing Date (as defined below), each Noteholder shall deliver or cause to be delivered to Ascent and the Trustee, satisfactory written evidence of its consent (each, a “ Noteholder Consent ”) to certain amendments, supplements, waivers, consents and acknowledgements with respect to the Indenture to be effected by the Second Supplemental Indenture to be dated as of a date on or before the Closing Date (the “ Second Supplemental Indenture ”), substantially in the form set forth as Exhibit A to this Agreement. Each Noteholder covenants and agrees to promptly execute and deliver such other documents or instruments and perform all such acts, in addition to the matters herein specified, as necessary or desirable to facilitate, implement, close, validate or give effect to, prior to the Closing Date, such Noteholder’s Noteholder Consent and the Second Supplemental Indenture.

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: that defendant had attained the status of an habitual felon. Defendant was sentenced to 130 to 165 months’ imprisonment. He appeals. _ On appeal, defendant contends the trial court committed plain error when it admitted Charlesworth’s report into evidence and allowed Officer Tucker to testify as to the results of Charlesworth’s chemical analysis, and permitted Officer Tucker to testify that the substance he found in defendant’s jacket was cocaine. We agree and conclude defendant is entitled to a new trial. Defendant challenges the admission of the chemical analysis report that was prepared by Anne Charlesworth and testified about by Officer Tucker at trial on the basis that his Sixth Amendment Confrontation Clause rights were violated. The report summarized testing done by Ms. 305, 309 (<HOLDING>), disc. review denied, 364 N.C. 245, 669 S.E.2d Options: A. holding that va regulations do not provide that service connection can only be shown through medical records but rather allow for proof through lay evidence and that lay evidence may serve to place evidence in equipoise B. holding that aet an antidepressant having similar chemical structures to schedule i controlled substances could be a controlled substance analogue only if it met both the chemical structure and the pharmacological effect prongs of statute ie i and ii or i and iii C. holding that controlled substances defined by their chemical composition can only be identified through chemical analysis and not through visual inspection D. recognizing that a vested equitable estate can be passed through inheritance E. holding that an invalid charge can be perfected through equitable tolling

assistant: The best answer is C. holding that controlled substances defined by their chemical composition can only be identified through chemical analysis and not through visual inspection
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 appellants do not dispute that the construction site is “on the property of the Municipality.” Appellee Off. Br. 3. There cannot be a plausible constitutional claim that the Municipality cannot secure its own property. IV. Because there is no substantial constitutional claim, we also conclude that there is no federal jurisdiction over the plaintiffs’ state law claims, as the remaining state law claims were only argued to “be allowed to proceed ... [under] supplemental jurisdiction.” Appellant Br. 33. “As a general matter, a court will decline supplemental jurisdiction if the underlying [federal] claims are dismissed before trial.” 13D Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 3567.3, at 429 (3d ed. 2007). Cas 412, 416 (7th Cir. 1988) (<HOLDING>); Monolith Portland Midwest Co. v. Options: A. recognizing that the declaratory judgment act is only procedural and does not create substantive rights internal quotation marks and citations omitted B. holding that the fifth and fourteenth amendments do not entitle a person to a federal remedy for every breach of contract by a state thus unless every breach of every public contract is to be actionable as a violation of constitutional rights it is necessary to distinguish between mere contract rights and constitutional property rights internal citations and quotation marks omitted C. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract D. holding breach of contract claim not preempted as a straightforward breach of contract action as it alleged violation of specific covenant E. holding that a contract must entitle the plaintiff to money damages in the event of the governments breach of that contract

assistant: The best answer is B. holding that the fifth and fourteenth amendments do not entitle a person to a federal remedy for every breach of contract by a state thus unless every breach of every public contract is to be actionable as a violation of constitutional rights it is necessary to distinguish between mere contract rights and constitutional property rights internal citations and quotation marks omitted
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 Term and for the 12 months thereafter, Executive will not, and will cause his relatives, agents, and representatives to not, knowingly disparage, criticize, or otherwise make any derogatory statements regarding the Company, its directors, or its officers, and the Company will not knowingly disparage, criticize or otherwise make any derogatory statements regarding Executive. The Company's obligations under the preceding sentence shall be limited to communications by its senior corporate executives having the rank of Vice President or above and members of the Board. The foregoing restrictions will not apply to any statements that are made truthfully in response to a subpoena or other compulsory legal process. Payments of severance to Executive, in accordance with Section 8 above, shall immediately cease, and no further payments shall be made, in the event that Executive breaches the provisions of this Section 9(a).

assistant: Non-Disparagement
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: We conclude that the Court of Appeals erred in ruling that it was undisputed that Lloyd would have ignored Henry and Pauline had they instructed him not to allow children to drive the ATV. 3. Duty of Possessor of Land to Protect Child Lawfully on Premises From Parent’s Negligent Parenting Decision There is one issue that neither the trial court nor the Court of Appeals considered. As we discussed earlier, the appellants claim that Meeske Land & Cattle had a duty to protect Ashley from Lloyd’s negligent parenting decision. It is true that a possessor of land has a duty to protect those lawfully on the land from the accidental, negligent, or intentionally harmful acts of third persons if those acts are foreseeable. See Knoll v. Board of Regents, 258 Neb. 1, 601 N.W.2d 757 (1999) (<HOLDING>). But we have never decided whether this duty Options: A. holding that a store owner has a duty to protect invitees from foreseeable criminal acts B. holding that university had duty to protect student from reasonably foreseeable fraternity hazing C. holding that a school had no duty to protect pedestrian from student D. holding a business owes a duty to protect invitees from reasonably foreseeable harm by third persons E. holding that duty to protect from criminal acts does not arise in the absence of a foreseeable risk of harm

assistant: The best answer is B. holding that university had duty to protect student from reasonably foreseeable fraternity hazing
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 order to provide the Company with the opportunity to claim the benefit of any income tax deduction which may be available to it upon the exercise of the Option and in order to comply with all applicable federal or state income tax laws or regulations, the Company may take such action as it deems appropriate to insure that, if necessary, all applicable federal or state payroll, withholding, income or other taxes are withheld or collected from the Holder.

assistant: Withholdings
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 Troopers violated the Fourth Amendment by: — Detaining Plaintiff without probable cause; — Searching and seizing the car Plaintiff was in without probable cause; — Searching Plaintiff without probable cause; — Arresting Plaintiff without probable cause; — Falsely imprisoning Plaintiff; (Appellant App. at A-101.) 10 . Gibson argues that we should engage in a fact-intensive analysis of each of his claims to determine if they would necessarily imply that his underlying conviction is unlawful. To be certain, some courts have engaged in a fact-intensive analysis of each claim. Wiley v. City of Chicago, 361 F.3d 994, 997 (7th Cir.2004) ("Heck may in fact occasionally bar a civil rights claim premised on a false or wrongful arrest."); Ballenger v. Owens, 352 F.3d 842, 846 (4th Cir.2003) (<HOLDING>); Hughes v. Lott, 350 F.3d 1157, 1161 (11th Options: A. holding on facts similar to this case that when evidence seized in violation of the fourth amendment is the only evidence underlying a conviction a successful civil challenge would necessarily imply the invalidity of the conviction B. holding that where a conviction is reversed after trial the double jeopardy clause does not bar a government appeal that if successful would only reinstate the conviction and would not subject defendant to a second trial C. holding that that if the success of a 1983 damages claim brought by a prisoner would necessarily imply the invalidity of his conviction or sentence the prisoner may only bring the claim where the conviction or sentence has been invalidated D. holding the petitioners challenge of his conviction is not rendered moot by the expiration of the underlying sentence because collateral consequences flowing from the conviction give the petitioner a substantial stake in the judgment of conviction which survives the satisfaction of the sentence imposed on him E. holding that a finding of excessive force in a 1983 action would not necessarily imply the invalidity of the plaintiffs conviction for resisting arrest

assistant: The best answer is A. holding on facts similar to this case that when evidence seized in violation of the fourth amendment is the only evidence underlying a conviction a successful civil challenge would necessarily imply the invalidity of the conviction
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: where airbnb is facilitating collection and remittance , hosts are not permitted to collect any occupancy taxes being collected by airbnb relating to their accommodations in that jurisdiction .

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 case excerpt and choose the best holding from the options. Case excerpt: 435 (2000). Defendant contends that the government did not meet the standard of proof for establishing health care fraud resulting in death. Section 1347 does not indicate the level of causation required for imposition of the enhanced penalties under subsection (a)(2). However, in United States v. Martinez, 588 F.3d 301, 317 (6th Cir. 2009), cert. denied, — U.S. -, 131 S.Ct. 538, 178 L.Ed.2d 395 (2010), this court held that proximate cause was the appropri nd for his two patients to die, he can be held responsible for their deaths if there was sufficient evidence that it “reasonably might or should have been foreseen ... that [his fraudulent conduct] would be likely to create a situation which would expose another to the danger of ... death.” Id.) see also Harris, 701 F.2d at 1102 (<HOLDING>). Id. at 319. Furthermore, a patient’s use of Options: A. holding that a death sentence for a conviction for the rape of a child where the crime did not result and was not intended to result in death of the victim was barred by the eighth amendment B. holding a wrongful death action may not be maintained for the death of an unborn child C. holding that if death results requirement under 241was satisfied because death was a foreseeable and natural result of defendants actions D. holding that action for wrongful death may generally not be maintained where death was selfinflicted E. holding that if a trial court has rejected death as a possible sentence double jeopardy bars the state from seeking the death penalty at resentencing even where rejection of the death sentence was based on a legal error

assistant: The best answer is C. holding that if death results requirement under 241was satisfied because death was a foreseeable and natural result of defendants actions
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 IRREVOCABLY CONSENTS TO THE JURISDICTION OF THE STATE COURTS SITUATED IN OR HAVING JURISDICTION OVER THE COUNTY OF LICKING, OHIO IN ANY ACTION THAT MAY BE BROUGHT FOR THE ENFORCEMENT OF THIS AGREEMENT (WITH THE EXPRESS AGREEMENT THAT NO ACTION MAY BE BROUGHT IN FEDERAL COURT RELATING IN ANY WAY TO THIS AGREEMENT).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in the antitrust sense of the word”); Carl Schenck, A.G. v. Nortron Corp., 713 F.2d 782, n. 3 (Fed.Cir.1983) (“It is but an obfuscation to refer to a patent as 'the patent monopoly’ ... ”); Nick-ola v. Peterson, 580 F.2d 898, n. 25 (6th Cir.1978) (“The patent right, solely that of excluding others, is the fundamental element of all human rights called ‘property.’ The statutory, and therefore proper, characterization is not 'patent monopoly,’ but ‘patent property.’ ”)). 3 . See also Ernest Bainbridge Lipscomb III, Lipscomb’s Walker on Patents, Licenses § 20:30, p. 121 (3d ed. 1987) (a licensee may challenge the validity of a patent but royalties must be paid to retain the license, citing Wamer-Jenkinson ); cf. Foster v. Hallco Manufacturing Co., Inc., 947 F.2d 469 (Fed.Cir.1991) (<HOLDING>): Rochelle Cooper Dreyfus, Dethroning Lear: Options: A. holding that lear does not abrogate general principles of res judicata or the res judicata effect of a consent decree regarding patent validity B. holding that res judicata applies when the question of jurisdiction is raised and determined C. holding that res judicata applies in deportation proceedings D. holding that res judicata did not apply where a trial courts order was not a final judgment E. holding that the doctrine of res judicata applies to deportation proceedings

assistant: The best answer is A. holding that lear does not abrogate general principles of res judicata or the res judicata effect of a consent decree regarding patent validity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: against a concrete sidewalk); State v. Jacobs, 34 Or.App. 755, 579 P.2d 881, 882 (1978) (conviction upheld where defendant placed four-year-old child in scalding hot water). Third, Begay made clear that the residual clause applies to offenses involving “the deliberate kind of behavior associated with violent criminal use of firearms.” Begay, 553 U.S. at 147, 128 S.Ct. 1581. In noting that the enumerated offenses all “typically involve purposeful, violent, and aggressive conduct,” the Begay Court explained that the conduct involved in those offenses “ ) of Oregon’s second-degree assault statute, Or.Rev.Stat. § 163.175(1)(b), presents a serious potential risk of physical injury to another and “typically involve[s] purposeful, violent, and aggressive conduct,” Begay, 9th Cir.2010) (<HOLDING>). 4 . Begay focused on a nearly identical Options: A. holding that assault with a deadly weapon was not a crime involving moral turpitude B. holding that washington seconddegree assault with a deadly weapon statute was a crime of violence under guidelines section 4b12a1 without considering whether it was a per se crime of violence under the application notes C. holding that a prior conviction for abusive sexual contact under 18 usc 2244a3 was a per se crime of violence within the meaning of the application notes and declining to consider application of the residual clause D. holding that theft from the person is not a crime of violence E. holding that burglary of commercial building is crime of violence under guidelines

assistant: The best answer is B. holding that washington seconddegree assault with a deadly weapon statute was a crime of violence under guidelines section 4b12a1 without considering whether it was a per se crime of violence under the application notes
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: some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts , negligence , breach of contract or breach of implied terms , or incidental or consequential damages .

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 case excerpt and choose the best holding from the options. Case excerpt: in the sexual battery statute, we must hold it was insufficient to confer subject matter jurisdiction over, and the trial court lacked jurisdiction to enter a judgment of defendant’s guilt of, that offense. An arrest of judgment is proper when the indictment “wholly fails to charge some offense cognizable at law or fails to state some essential and necessary element of the offense of which the defendant is found guilty.” State v. Gregory, 223 N.C. 415, 418, 27 S.E.2d 140, 142 (1943). Further, “[w]hen an indictment has failed to allege the essential elements of the crime charged, it has failed to give the trial court subject matter jurisdiction over the matter, and the reviewing court must arrest judgment.” State v. Bullock, 154 N.C. App. 234, 244, 574 S.E.2d 17, 23 (2 t. App. 1995) (<HOLDING>). However, this Court reached a contrary result Options: A. holding that the defendant could be convicted of sexual battery a lesser crime not included in the offense for which he was indicted where the defendant requested that sexual battery be submitted to the jury B. holding that when an appellant affirmatively declines a bill of particulars he can not on appeal claim that he was misled when convicted of a lesser included offense C. holding that the defendant who was indicted for first degree rape and convicted of sexual battery had no remedy on appeal when he requested that the erroneous lesser nonincluded charge be submitted to the jury D. holding that the offense of sexual battery requires the state prove the victims lack of consent regardless of the victims age and charge the jury on the same E. holding there are no grounds to appeal when defendant receives the remedy he requested from the trial court

assistant: The best answer is C. holding that the defendant who was indicted for first degree rape and convicted of sexual battery had no remedy on appeal when he requested that the erroneous lesser nonincluded charge be submitted to the jury
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 recitals set forth above are not merely recitals, but form an integral part of this Second Amendment. All capitalized terms used and not otherwise defined in this Second Amendment shall have the meanings respectively assigned to them in the Amended Agreement.

assistant: Definitions
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 Participant hereby agrees to hold all confidential and proprietary information of the Company and its Affiliates received in connection with the grant of the Options, including any plan summaries or risk factors, in the strictest confidence. The Participant shall not, directly or indirectly, disclose or divulge any such confidential or proprietary information to any Person other than the Participant’s legal counsel and financial advisors, or an officer, director or employee of, or legal counsel for, the Company or its Affiliates, to the extent necessary for the proper performance of his or her responsibilities, unless authorized to do so by the Company or compelled to do so by law or valid legal process.

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: Either party may terminate this Agreement at any time on or after the Outside Date if the WMB Common Stock Offering has not been consummated by the Outside Date, provided that neither WMB nor Investor shall be entitled to terminate this Agreement pursuant to this Section 7 if there has been a material breach of any of their obligations under Section 2 hereof.

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: Regular meetings of the Board of Directors of the Company shall be held, in person or telephonically, conducted in accordance with the Company’s memorandum and articles of association and applicable law, no less frequently than quarterly. The Company agrees to use its best efforts to nominate and secure the election to its Board of Directors of designees as set forth in this Section 5 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: § 242(a)(2)(B) also bars review of Plaintiffs’ Complaint. Finally, even if this court were to find that the effective date of INA § 242(a)(2)(B) renders it inapplicable to the instant case, this court still lacks the authority to review the District Director’s decision to deny an extension of voluntary departure. Prior to the enactment of the IIRIRA, the District Director had the sole authority to grant voluntary departures under the former 8 U.S.C.A. §§ 1252(b), 1254(e). See Kaczmarczyk, 933 F.2d at 597; Ademi v. INS, 31 F.3d 517, 521 (7th Cir.1994). Under former 8 C.F.R. § 244.2, the District Director was vested with the sole authority to reinstate or extend a grant of voluntary departure and no appeal could be taken from that determination. See Kaczmarczyk, 933 F.2d at 598 (<HOLDING>); see also Nocon v. INS, 789 F.2d 1028, 1034 Options: A. holding that we may not review a district courts refusal to grant a downward departure unless the court mistakenly believed that it lacked the authority to grant such a departure B. holding that in its review of the irs exercise of discretion the court is limited to a review of the administrative record C. holding that this courts review of board decisions is limited to final orders or final decisions D. holding that the district courts refusal to grant a downward departure was discretionary and not because it believed it lacked the authority to depart where the court assessed the facts of the case and concluded that the departure requested does not seem to have a basis E. recognizing limited jurisdiction of judiciary to review such decisions under 8 cfr 2442 and holding that court lacked authority to review inss discretionary grant of voluntary departure

assistant: The best answer is E. recognizing limited jurisdiction of judiciary to review such decisions under 8 cfr 2442 and holding that court lacked authority to review inss discretionary grant of voluntary departure
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: 838 F.2d 55 (2d Cir.1988). Let the Clerk send a copy of this Report and Recommendation to the attorneys for the Petitioner and the Respondent. SO ORDERED. Dated: April 23, 3003. 1 . This decision may be cited in whole or in any part. 2 . Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). 3 .Of two African Americans that were prospective jurors, the prosecution exercised a peremptory challenge as to one. Beverly Patterson was not selected but Mr. Lampley was. The prosecution indicated that it did not want Patterson because she was unemployed, aged between thirty and forty, and did not exhibit anything in her background that demonstrated that she made important everyday decisions. 4 . See also Thomas v. Arn, 474 U.S. 140, 149-150, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985) (<HOLDING>); Allen v. Senkowski, 2003 WL 169788, at *1 Options: A. holding that section 636b1c does not require any review at all by the district court of an issue that is not objected to B. holding the first condition is not at issue here all of the other situations require materiality C. holding that section 704 does not bar district court jurisdiction when the claims court does not provide a special and adequate review procedure for that claim D. holding that it is error for court of appeals to reverse trial courts ruling that had not been objected to at the trial court level E. 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

assistant: The best answer is A. holding that section 636b1c does not require any review at all by the district court of an issue that is not objected to
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 ADDENDUM, UNLESS OTHERWISE SPECIFIED BY THE TERMS HEREOF OR UNLESS THE LAWS OF ANOTHER JURISDICTION MAY, BY REASON OF MANDATORY PROVISIONS OF LAW, GOVERN THE PERFECTION, PRIORITY, OR ENFORCEMENT OF SECURITY INTERESTS IN THE COLLATERAL, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PRINCIPLES OR OTHER RULE OF LAW WHICH WOULD CAUSE THE APPLICATION OF THE LAW OF ANY JURISDICTION OTHER THAN THE LAWS OF THE STATE OF GEORGIA (BUT GIVING EFFECT TO FEDERAL LAWS RELATING TO NATIONAL BANKS).

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 case any provision in this First Supplemental Indenture shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired hereby.

assistant: Severability