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 Company proposes to issue and sell through or to the Manager, as sales agent and/or principal, up to $2,000,000 of shares (the “ Shares ”) of the Company’s common stock, $0.001 par value per share (“ Common Stock ”), from time to time during the term of this Agreement and on the terms set forth herein; provided , however , that in no event shall the Company issue or sell through the Manager such number of Shares that (a) exceeds the number or dollar amount of Common Stock registered on the Registration Statement, (b) exceeds the number of authorized but unissued shares of Common Stock or (c) would cause the Company or the offering of the Shares to not satisfy the eligibility and transaction requirements for use of Form S-3 (including, if applicable, General Instruction I.B.6 of Registration Statement on Form S-3) (the lesser of (a), (b) or (c), the “ Maximum Amount ”). Notwithstanding anything to the contrary contained herein, the parties hereto agree that compliance with the limitations set forth in this Section 2 on the number and aggregate sales price of Shares issued and sold under this Agreement shall be the sole responsibility of the Company and that Manager shall have no obligation in connection with such compliance.

assistant: Sales
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 Morgan v. Foretich, 846 F.2d 941 (4th Cir.1988), retired Associate Justice Lewis F. Powell Jr., sitting by designation on the United States Court of Appeals for the Fourth Circuit, concurred in part and dissented in part, stating: [T]here is no evidence in the record that [the girl’s] frame of mind was comparable to a patient seeking treatment.... [T]here is no evidence that Dr. Harrison ever explained to [the child] that his questions and relationship with her arose, at least in part, from a desire to treat her.... Absent a finding that [the child] made her statements believing they would be used by Dr. Harrison to help her, I am reluctant to rest my decision on the cases relied on by the court. 846 F.2d at 951-52. See Oldsen v. People, 732 P.2d 1132, 1135-36 (Colo.1986)(<HOLDING>). The Supreme Court of Colorado in Oldsen v. Options: A. holding that statements made by a doctor to a patient are not admissible under fedrevid 8034 because the rule does not except statements by the person providing medical care B. holding that federal rule of evidence 8034 the hearsay exception for statements made for medical diagnosis or treatment does not apply to statements made by doctors C. holding a social worker treating the child was permitted to testify to statements the child made about the abuse including the victims identification of the perpetrator because the statements were necessary to the treatment of ensuring the continued safety of the child D. holding that exculpatory statement made by defendant to a nurse and recorded in the nurses notes was not admissible under rule 8034 because it was not reasonably pertinent to diagnosis and treatment E. holding statements inadmissible under colo r evid 8034 which was identical to the federal rule because there was no evidence that the fiveyearold child was capable of recognizing at the time the challenged statements were made the need to provide accurate information for purposes of medical diagnosis or treatment within the meaning of fedrevid 8034

assistant: The best answer is E. holding statements inadmissible under colo r evid 8034 which was identical to the federal rule because there was no evidence that the fiveyearold child was capable of recognizing at the time the challenged statements were made the need to provide accurate information for purposes of medical diagnosis or treatment within the meaning of fedrevid 8034
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, the Grant Notice, the Employment Agreement and the Plan together constitute the Participant’s and the Company’s entire understanding with respect to the subject matter hereof and supersede and void any and all prior agreements or understandings, written or oral, regarding the subject matter hereof, including, but not limited to, any term sheets (except as explicitly provided in the Grant Notice). Notwithstanding the foregoing, to the extent that the Participant has signed any restrictive covenant agreements with the Company (including, but not limited to, any confidentiality, intellectual property rights assignment, non-competition, non-solicitation and non-disparagement agreements), such restrictive covenant agreements shall remain in full force and effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement among the parties but solely with respect to the subject matter hereof, and it supersedes all representations, promises or understandings made prior to or contemporaneously herewith, but solely with respect to the subject matter hereof.

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: testimony — after giving her considerable leeway — to limit it to matters relevant to the case. Similarly, the district court interrupted defense counsel’s questioning about the amnesty forms to ensure that the questioning would focus on the “portions on the application which [were] in question in the suit.” In addition, at the end of the trial, the district court instructed the jury that it was to ignore any comments that the court had made during the trial and reiterated that the jurors were the final arbiters of the facts. Given the district court’s wide discretion in limiting repetitive or irrelevant testimony and its curative instructions, we cannot say that the district court abused its discretion in this case. See United States v. Day, 405 F.3d 1293, 1297 (11th Cir.2005) (<HOLDING>). 4. The Deliberate Ignorance Jury Instruction Options: A. holding that counsels failure to object or request a limiting instruction for evidence of defendants incarceration was sound trial strategy B. holding that material for witnesses need not be produced to defendant where the witnesses were not called as government witnesses at trial C. holding that district court enjoys broad latitude in managing a trial including commenting on evidence questioning witnesses clarifying facts and limiting counsels examinations D. holding that the district court did not abuse its discretion in limiting testimony to only one witness where additional witnesses would have provided the same testimony E. holding that counsels decision not to call witnesses was unreasonable because counsels stated reasons for disputing the witnesses credibility were not supported by objective evidence

assistant: The best answer is C. holding that district court enjoys broad latitude in managing a trial including commenting on evidence questioning witnesses clarifying facts and limiting counsels examinations
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: killing the officer and thus, the State argues, no rational basis existed to instruct the jury on manslaughter. We need not resolve the question of whether the trial court erred in refusing to give a manslaughter instruction, however, because of the nature of the jury verdict. Here, only Pearson’s mental state was disputed at trial. The jury had the opportunity to convict Pearson of either aggravated murder, which requires knowing or intentional killing, or simple murder, which in the case of killing a peace officer requires only recklessness. Because the jury chose to convict for aggravated murder, the court’s refusal to give an instruction on manslaughter, an offense requiring recklessness, constituted at most harmless error. See State v. Gotschall, 782 P.2d 459, 464 (Utah 1989) (<HOLDING>). But see State v. Oldroyd, 685 P.2d 551, Options: A. holding that there was no error where one instruction did not inform the jury that in order to convict defendant of attempted murder the evidence must show that defendant had a specific intent to commit murder but where subsequent instruction did inform jury of this requirement and concluding that the instructions when read as a whole adequately informed the jury of the requirement of specific intent to kill B. holding that where jury had opportunity to convict defendant of manslaughter but convicted of greater offense of second degree murder refusing to give instruction on negligent homicide was if error harmless C. holding that the trial courts erroneous instruction on the nonexistent included offense of attempted reckless manslaughter was harmless beyond a reasonable doubt where the jury reached a unanimous guilty verdict as to the charged offense of attempted murder in the second degree D. holding that the defendant who was charged with felony murder was not entitled to a lesser included instruction on manslaughter because manslaughter is neither a lesser included offense nor an inferior degree crime with respect to felony murder E. holding that trial court should instruct the jury that if they had any reasonable doubt as to whether unlawful killing was murder or manslaughter it was jurys duty to convict defendant of the lesser offense manslaughter

assistant: The best answer is B. holding that where jury had opportunity to convict defendant of manslaughter but convicted of greater offense of second degree murder refusing to give instruction on negligent homicide was if error harmless
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: A waiver of any default, breach, or non-compliance under this Agreement is not effective unless in writing and signed by the party to be bound by the waiver. No waiver will be inferred from or implied by any failure to act or delay in acting by a party in respect of any default, breach or non-observance or by anything done or omitted to be done by the other party. Any waiver by a party of any default, breach or non-compliance under this Agreement will not operate as a waiver of that party’s right under this Agreement in respect of any continuing or subsequent default, breach or non-observance.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision hereof shall be prohibited or invalid under any such law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating or nullifying the remainder of such provision or any other provisions of this Agreement. If any one or more of the provisions contained in this Agreement shall for any reason be held to be legally unenforceable as written, such provisions shall be construed by limiting and reducing it so as to be enforceable to the maximum extent permitted by applicable law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was “designed and constructed to carry storm and other waste water runoff.” It asserts that the waterway is part of a “waste treatment system,” and thus cannot be considered part of the “waters of the United States” under the Act, citing 33 U.S.C. § 1362(14), and 40 C.F.R. § 122.2. The term “waters of the United States” has a very broad meaning under the Act. The Supreme Court has made this clear: In keeping with these views, Congress chose to define the inition of “waters of the United States” be construed broadly, several of our sister Circuits have held that non-navigable tributaries of navigable waterways qualify as “waters of the United States.” See, e.g., United States v. Eidson, 108 F.3d 1336, 1341-42 (11th Cir.), cert. denied, — U.S. -, 118 S.Ct. 248, 139 L.Ed.2d 177 (1997) (<HOLDING>); United States v. Texas Pipe Line Co., 611 Options: A. holding that the limitation act does not apply to claims brought under the clean water act B. holding an arbitration tribunal fell within the purview of section 1782 C. holding that bad faith handling of an insureds claim fell within the act D. holding that a small unnamed tributary fell under the act E. holding that a humanmade tributary fell under the act

assistant: The best answer is E. holding that a humanmade tributary fell under the act
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company is a corporation organized, validly existing, and in good standing under the laws of the State of Nevada. The Company has all requisite power to own, operate and lease its business and assets and carry on its business as the same is now being conducted.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall become effective upon the satisfaction (or waiver in accordance with Section 9.01) of the conditions set forth in Section 3.01 became effective on the Closing Date and, thereafter, has been and shall continue to be binding upon and inure to the benefit of, and be enforceable by, the Loan Parties, the Administrative Agent, the Issuing Bank and each Lender and their respective successors and permitted assigns, except that the Loan Parties shall have no right to assign their rights hereunder or any interest herein without the prior written consent of each Lender, and any purported assignment without such consent shall be null and void.

assistant: Binding Effects
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 you are a resident of finland : notwithstanding anything in these terms to the contrary , if there is a dispute that you and under armour can not resolve , you have the right to submit a complaint to the local consumer disputes board ( www.kuluttajariita.fi ) or other corresponding body .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: ( b ) in the course of your use of the products , you may be asked to provide certain personalized information to us ( such information is referred to hereinafter as `` user information '' ) .

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: The fact that the officer did not recognize the minivan as belonging to a local resident also fails to contribute to the reasonable suspicion calculus. Evidence introduced at the suppression hearing made it clear that the area in question is one that is used for many purposes by different kinds of people-local residents use the roads as a shortcut, while both residents and tourists alike camp, hike, bike, picnic, and visit the local forest and national monument. Accordingly, it is hardly surprising that a Border Patrol agent would not recognize every passing car. Similarly, the fact that a van is registered to an address in a block notorious for smuggling is also of no significance and may not be given any weight. See United States v. Jimenez-Medina, 173 F.3d 752, 755 (9th Cir.1999) (<HOLDING>). In arriving at this conclusion, we first Options: A. holding innocent facts when considered together can give rise to reasonable suspicion B. holding that notwithstanding the officers testimony that he had no suspicion of criminality the officer was aware of facts that would give rise to reasonable suspicion in the mind of a reasonable officer C. holding that coming from the wrong neighborhood does not give rise to reasonable suspicion D. holding that a tip to look out for a black person without more does not give rise to reasonable suspicion to stop anyone E. holding that an officers reasonable mistake of law can give rise to the reasonable suspicion necessary to justify a traffic stop under the fourth amendment

assistant: The best answer is C. holding that coming from the wrong neighborhood does not give rise to reasonable suspicion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was pending. We are left with a situation in which the putatively excludable period quite obviously did not preclude the government from proceeding to file the indictment, raising the question whether the delay in doing so “resulted] from” the pendency of the certiorari petition. Whether the time period used in pursuing an interlocutory appeal is automatically excludable under § 3161(h)(1)(E), even if the appeal did not actually cause any delay, is an open issue in this court, but just barely so. Applying parallel “delay resulting from” language, we have held that pretrial motions, excludable under § 3161(h)(1)(F) of the STA, need not actually cause any delay for the time during which the motions are pending to be ex-cludable. See United States v. Vo, 413 F.3d 1010, 1015 (9th Cir.2005) (<HOLDING>) (quotation marks and internal citations Options: A. holding that the plaintiff had standing even though automatic stay had terminated and his claims for declaratory and injunctive relief were moot because he also sought actual damages for violation of the automatic stay B. holding that pretrial detention credited against ultimate sentence triggers tolling C. recognizing that a district courts decision to defer hearing a motion until trial does not render the intervening time nonexcludable under 3161h1f D. holding that a defendant is not entitled to automatic discharge upon the expiration of speedy trial even though he was not provided actual notice that the charges were refiled E. holding that a pretrial motion triggers an automatic exclusion under 3161h1f even though no actual delay results

assistant: The best answer is E. holding that a pretrial motion triggers an automatic exclusion under 3161h1f even though no actual delay results
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject only to the acceleration provisions of Section 10, all unpaid principal, fees and accrued and unpaid interest shall be due and payable in full on January 3, 2019 (the “ Maturity Date ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: None of the Obligors will, nor will they permit any Subsidiary to, enter into any arrangement, directly or indirectly, whereby it shall sell or transfer any property, real or personal, used or useful in its business, whether now owned or hereinafter acquired, and thereafter rent or lease such property or other property that it intends to use for substantially the same purpose or purposes as the property sold or transferred , except, in each case, during the Senior Term Period, for (a) any such sale of any fixed or capital assets (other than any such transaction to which (b) or (c) below is applicable) that is made for cash consideration in an amount not less than the cost of such fixed or capital asset in an aggregate amount less than or equal to $10,000,000, so long as the Capital Lease Obligations associated therewith are permitted by Section 10.2.1(a)(viii) , (b) in the case of property owned as of or after the Original Closing Date, any such sale of any fixed or capital assets that is made for cash consideration in an aggregate amount not less than the fair market value of such fixed or capital assets not to exceed $20,000,000 in the aggregate, in each case, so long as the Capital Lease Obligations (if any) associated therewith are permitted by Section 10.2.1(a)(viii) , and (c) any Acquisition Lease Financing .

assistant: Sales
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 wage statement bearing an end date and beginning date to be in compliance with subdivision (a)(6). Willner v. Manpower, Inc., 35 F.Supp.3d 1116, 1128-1129 (N.D.Cal.2014); McKenzie v. Federal Exp. Corp., 765 F.Supp.2d 1222, 1229 (C.D.Cal.2011); Lopez v. G.A.T. Airline Ground Support, Inc., 2010 WL 2839417, *5-6 (S.D.Cal.2010). That line has reasoned that including a beginning date on the wage statement is required because the “inclusive dates” language of subdivision (a)(6) contemplates a range of dates with a definite beginning and end. Willner, 35 F.Supp.3d at 1128-1129; McKenzie, 765 F.Supp.2d at 1229; Lopez, 2010 WL 2839417 at *5-6; see Gleming v. Covidien, Inc., 2011 WL 7563047, *2 (C.D.Cal.2011). But cf., Derum v. Saks & Co., 95 F.Supp.3d at 1224-26, 2015 WL 1396651 at *4-5 (<HOLDING>). This Court has been provided with no reason Options: A. holding that defendant violated labor code section 226a6 by failing to include the beginning date for the pay period in its wage statements B. holding that failure to list a beginning date of a pay period on a pay stub was not a violation of section 226a6 when the employer provided an electronic wage statement that did include the beginning date of the pay period C. holding statute of limitations for discriminatory pay practices begins when initial pay decision was made D. holding that the states rule dates the beginning of the discovery period only from the filing of the answer E. holding that back pay may be awarded to the date of judgment

assistant: The best answer is B. holding that failure to list a beginning date of a pay period on a pay stub was not a violation of section 226a6 when the employer provided an electronic wage statement that did include the beginning date of the pay period
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of August 31, 2016, the Company is authorized to issue 240,000,000 shares of Common Stock, of which, approximately 8,714,636 shares were issued and outstanding. All outstanding shares of the Company’s capital stock have been duly authorized and validly issued, and are fully paid, non-assessable, and free of any preemptive rights. There is only one class and series of common stock of the Company, without any special series, rights, preferences or designations assigned to any particular shares of Common Stock. The Company does not have any outstanding notes, convertible debt, derivative securities or notes other than as specifically set forth on Schedule 3.2 annexed hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Lenders and the Issuing Banks hereby irrevocably appoints Citibank to act on its behalf as the Agent hereunder and authorizes the Agent to take such actions on its behalf and to exercise such powers as are delegated to the Agent by the terms hereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Article are solely for the benefit of the Agent and the Lenders and the Issuing Banks, and the Borrower shall not have rights as a third-party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein (or any other similar term) with reference to the Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

assistant: Authority
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 employment discrimination cases,” citing Haglof v. Northwest Rehabilitation, Inc., 910 F.2d 492, 495 (8th Cir.1990); Hillebrand, 827 F.2d at 364). Summary judgment is appropriate in employment discrimination cases only in “those rare instances where there is no dispute of fact and where there exists only one conclusion.” Johnson, 931 F.2d at 1244; see also Webb v. St. Louis Posh-Dispatch, 51 F.3d 147, 148 (8th Cir.1995) (quoting Johnson, 931 F.2d at 1244); Crawford, 37 F.3d at 1341 (quoting Johnson, 931 F.2d at 1244). To put it another way, “[b]e-cause discrimination cases often depend on inferences rather than on direct evidence, summary judgment should not be granted unless the evidence could not support any reasonable inference for the nonmovant.” Crawford, 37 F.3d at 1341 (<HOLDING>); accord Snow, 128 F.3d at 1205 (“Because Options: A. holding that there was a genuine issue of material fact precluding summary judgment B. holding that when there are no genuine issues of material fact summary judgment is appropriate C. holding that summary judgment is not appropriate if there is a genuine dispute about a material fact D. holding that unsupported allegations or denials are insufficient to create a genuine issue of material fact for purposes of summary judgment E. holding that an eeoc reasonable cause determination letter did not constitute evidence precluding summary judgment when the other evidence was insufficient to create a genuine issue of material fact

assistant: The best answer is A. holding that there was a genuine issue of material fact precluding summary judgment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the date hereof, the authorized common stock of the Company consists of 1,000,000,000 authorized shares of Common Stock, $0.001 par value per share, of which 193,920,000 shares are issued and outstanding; and 10,178,645 shares are reserved for issuance upon conversion of the Note. All of such outstanding shares of capital stock are, or upon issuance will be, duly authorized, validly issued, fully paid and non-assessable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The representations and warranties contained in Sections 9.1 and 9.2, and the provisions of Section 9.3, shall survive the Closing, the delivery of the Unit Assignment, the Deed and the payment of the Purchase Price, provided that (i) such representations and warranties (but not such provisions) shall cease and terminate at the end of the Survival Period, except to the extent that Buyer or Sellers, as the case may be, shall have commenced, during the Survival Period, a legal proceeding based on the breach thereof as of the Closing Date, (ii) the maximum total liability for which Sellers shall be responsible with respect to all representations and warranties shall not exceed the Cap Limitation in the aggregate, and (iii) no Seller shall have any liability for any breaches of such representations and warranties unless and until the aggregate amount claimed in respect of such breach exceeds the Basket Limitation, in which event Seller shall be liable for all losses from the first dollar. Unless otherwise expressly stated in this Agreement to survive, all other representations, covenants, conditions and agreements contained herein shall merge into and be superseded by the Closing Documents and shall not survive the Closing.

assistant: Survival
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 payments under this Schedule will be subject to all applicable deductions and withholdings of tax, PRSI, Universal Social Charge, and any other deductions which are required pursuant to the terms of the Executive's employment or by law, or which are provided for in the Executive's Employment Agreement and/or this Schedule.

assistant: Tax 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: and- a third member to be appointed by the governor. The decision of the board shall be final. Iowa Code §’ 679A.19 (emphasis added). The plain language of the statute limits its application to administrative departments, commissions, and boards of state government. See State ex rel. Iowa Dep’t of Health v. Van Wyk, 320 N.W.2d 599, 602 (Iowa 1982) (“Under section [679A.19], litigation is prohibited between administrative departments, commissions, or boards of state government.”). Under this statute, disputes that are fundamentally between executive branch departments must be resolved through arbitration; litigation in the courts is prohibited. Id. We have never applied this section to an entity that was not an administrative department, commission, or board of state government. See id. (<HOLDING>); Llewellyn, 200 N.W.2d at 884 (holding a Options: A. holding that claims against a broker under the securities laws and rico were subject to arbitration pursuant to a provision requiring the arbitration of any dispute relating to the customers accounts B. holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added C. holding that the department of corrections was entitled to eleventh amendment immunity from suit under section 1981 D. holding that an atwill employee may bring a cause of action under section 1981 E. holding dispute between the board of chiropractic examiners and the iowa department of health required arbitration under section 67919 1981

assistant: The best answer is E. holding dispute between the board of chiropractic examiners and the iowa department of health required arbitration under section 67919 1981
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 will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice of law or conflict provision or rule (whether of such state or any other jurisdiction) that would cause the laws of any other jurisdiction to be applied.

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: Westmoreland agrees to sell, and Dominion agrees to purchase, all of the Substitute Energy, subject to the terms and conditions of this Agreement up to the Monthly amounts set forth in Schedule B – Monthly Maximums and up to the Substitute Energy Cap.

assistant: Sales
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: 9gag , inc reserves the right to remove any subscriber content from the site , suspend or terminate subscriber 's right to use the services at any time , or pursue any other remedy or relief available to 9gag , inc and/or the site under equity or law , for any reason ( including , but not limited to , upon receipt of claims or allegations from third parties or authorities relating to such subscriber content or if 9gag , inc is concerned that subscriber may have breached the immediately preceding sentence ) , or for no reason at all .

assistant: Content removal
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 signing this Letter Agreement you acknowledge that the release provisions of Paragraph 5(a) of this Letter Agreement include a waiver and release of all claims you may have under the Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621 et seq.).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: owed to each. Because of like evidentiary voids we do not know whether reliance by the purchasers is provable, as some purchasers may have known, as a result of their knowledge and experience, that the representations were false or misleading. Even more fundamentally, no purchaser or representative of a class was joined as a party to the proceeding, and for this reason alone restitution was not an available remedy. More precisely, the court was without the power to enter a judgment ordering an offer of restitution or, correspondingly, reconveyances. Compare, United states v. Parkinson, 240 F.2d 918 (9th Cir. 1956); see also, Kugler, supra(by reason of a price unconscionability common to all transactions, all of the sales contracts were held invalid and unenforceable); Jayhill, supra (<HOLDING>). Although Nevada is a “notice pleading” state, Options: A. holding that a court may award injunctive relief against a state officer B. holding that the request for restitution in a consumer protection action is only ancillary to the primary remedies sought for the benefit of the public C. holding that even if indirect purchasers are barred from seeking damages relief they may still obtain injunctive relief D. holding that as a form of ancillary relief to the attorney general suit a court may award restitution to all purchasers shown to have been defrauded E. holding that the district court had jurisdiction to order restitution of award overturned on appeal even in the absence of a remand from the appellate court

assistant: The best answer is D. holding that as a form of ancillary relief to the attorney general suit a court may award restitution to all purchasers shown to have been defrauded
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: appeals specifically stated: “We think that such an offer [of cooperation] evidences a consciousness of guilt and is relevant to prove the charge against Levy.” Levy, 578 F.2d at 900. There is no reason why the prosecutor could not argue an inference properly drawn from relevant and admissible evidence. The law gives a prosecutor wide latitude in argument and he may comment on facts and legitimate inferences that may be drawn therefrom. People v. Williams, 192 Ill. 2d 548, 573 (2000). Neither the testimony elicited, nor the prosecutor’s comment thereon, violated Rule 402(f). We find no error, much less plain error. We therefore hold that the issue is procedurally defaulted and that no basis exists to excuse the default under our case law. See People v. Keene, 169 Ill. 2d 1, 17 (1995) (<HOLDING>). We turn now to the post -Miranda silence Options: A. recognizing that when plain error is lacking the procedural default must be honored B. holding that an error is plain only if it is clear under current law when there is no binding precedent on point an instruction typically will not be plain error C. holding that any error was harmless and thus not plain error D. recognizing plain or fundamental error E. holding that trial court must make entry of default prior to entry of default judgment and court may not make entry of default when there is no default in law or in fact

assistant: The best answer is A. recognizing that when plain error is lacking the procedural default must be honored
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: Cir.2003) (applying the state-created danger theory where decedent shot himself during a police standoff). As both these suicide cases demonstrate, however, we do not strictly require third-party violence as a precondition to invoking the state-created danger theory, but rather only pri 009) (recognizing that without an underlying constitutional violation, a § 1983 claim for failure to supervise "necessarily fails”); see also Currier v. Doran, 242 F.3d 905, 922-23 (10th Cir.2001) (relying on Sutton to uphold a claim for failure to supervise against a child welfare supervisor as part of a complaint that also adequately alleged an underlying constitutional violation against subordinate social workers based on danger creation); cf. Martinez v. Beggs, 563 F.3d 1082, 1092 (10th Cir.2009) (<HOLDING>). We believe Sutton recognized the requirement Options: A. holding that a municipality may not be held liable under section 1983 under a theory of respondeat superi or but may be liable for policies or customs that violate an employees constitutional rights B. holding a sheriff could not be liable for implementing county policies where no underlying violation of decedents rights had occurred C. holding supervisory liability existed where sheriff failed to establish policies regarding accurate identification of suspects and where sheriff knew of prior instances of mistaken identity D. holding that a city may not be held liable under 1983 where there was no underlying constitutional violation by any of its officers E. holding that where no underlying constitutional violation occurred the city cannot be liable under monell

assistant: The best answer is B. holding a sheriff could not be liable for implementing county policies where no underlying violation of decedents rights had occurred
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 (including the Exhibits and Schedules hereto), the Confidentiality Agreement and the Voting Agreements (a) constitute the entire agreement and supersede all prior agreements and understandings, both written and oral, among the Parties with respect to the subject matter hereof and thereof and (b) are not intended to confer any rights, benefits, remedies, obligations or liabilities upon any Person other than the Parties hereto and their respective successors and permitted assigns; provided , that notwithstanding the foregoing clause (b), following the Effective Time, (i) the provisions of Article 2 with respect to the holders of Company Stock to receive the Merger Consideration shall be enforceable by such holders, (ii) the provisions of Section 7.03 shall be enforceable by each Person entitled to indemnification hereunder and his or her heirs and his or her representatives and (iii) the provisions of Section 7.05 shall be enforceable by each Person who is an “affiliated person” (as such term is defined in Section 2(a)(3) of the Investment Company Act) of the Company or its Subsidiaries as of immediately prior to the Effective Time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: I represent that my performance of all the terms of this Intellectual Property Agreement will not breach any agreement to keep in confidence proprietary information acquired by me in confidence or in trust prior to my Relationship with the Company. I have not entered into, and I agree I will not enter into, any oral or written agreement in conflict herewith. I agree to execute any proper oath or verify any proper document required to carry out the terms of this Intellectual Property Agreement.

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 legal provision and list the applicable contract clause categories. Provision: EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM AGAINST OUT OF OR RELATING TO THE PLAN OR THIS PERFORMANCE STOCK AWARD AGREEMENT (INCLUDING THESE TERMS).

assistant: Waiver Of Jury Trials
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 narrative of past events. In the recent case of J.A.S. v. State, 920 So.2d 759 (Fla. 2d DCA 2006), the deputy interviewed a father about an altercation with his son shortly after its occurrence. The second district, relying on Chariot, noted: A narrative of a past event is generally not considered a spontaneous statement, Charlot v. State, 679 So.2d 844, 845 (Fla. 4th DCA 1996) (citing Green v. State, 93 Fla. 1076, 113 So. 121, 123 (1927)), nor is a statement in reply to questions from law enforcement, Blandenburg, 890 So.2d [267] at 272. Here, the father answered the deputy’s questions about how he had been injured. This was not a case in which the victim blurted out the details of a traumatic event without prompting. See, e.g., Rivera v. State, 718 So.2d 856 (Fla. 4th DCA 1998) (<HOLDING>). Id. at 763. Similarly, there is no evidence Options: A. holding that plaintiff did not prove by a preponderance of the evidence that her arrest for assault under 290313 was unlawful or that her prosecution was malicious when she grabbed the officer from behind the officer pushed her away and she then grabbed the officers shirt B. holding that excited utterance was proven when evidence showed that a patrol officer saw the victim screaming and waiving her hands when he approached she was crying her dress was ripped and she asked the officer to keep the defendant away from her C. holding that defendant was seized where the officer told defendant that she knew that he was on probation defendant admitted to the officer that he had given her a false name and defendant was asked for consent to search a backpack because a reasonable inference was that defendant was the subject of a continuing investigation and his or her freedom of movement had been significantly restricted by the officers show of authority D. holding that a victims statement to her sister that she had been raped was an excited utterance when between the time of the assault and her making the statement the victim dressed herself and walked down the stairs E. holding that conduct was not sufficiently severe or pervasive where a supervisor allegedly touched plaintiffs hand and thigh lifted her dress hem repeatedly asked her to lunch told her that she was beautiful stared at her and called her home on numerous occasions at night and asked about personal matters

assistant: The best answer is B. holding that excited utterance was proven when evidence showed that a patrol officer saw the victim screaming and waiving her hands when he approached she was crying her dress was ripped and she asked the officer to keep the defendant away from her
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: LENDER AND BORROWER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHTS THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH, THIS NOTE, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF LENDER AND BORROWER.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given if: (i) delivered by hand and receipted for by the party to whom the notice or other communication shall have been directed; or (ii) mailed by certified or registered mail with postage prepaid, on the third business day after the date on which it is so mailed if to the Corporation, to the principal office address of the Corporation, or if to Indemnitee, to the address of Indemnitee last on file with the Corporation, or to any other address that may have been furnished to Indemnitee by the Corporation or to the Corporation by Indemnitee, as the case may be.

assistant: Notices