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: During the Employment Period, Executive shall be entitled to paid vacation in accordance with the policies and practices of the Company as in effect from time to time with respect to senior executive officers employed by the Company, but in no event shall such vacation time be less than twenty-five (25) business days per calendar year.

assistant: Vacations
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 executive branch of state government having statewide jurisdiction; (B) the supreme court, the court of criminal appeals, a court of appeals, or the State Bar of Texas or another judicial agency having statewide jurisdiction; or (C)an institution of higher education as defined by Section 61.003, Education Code. Tex. Lab.Code Ann. § 21.002(14). The legislature’s adoption of a broad definition of the term state agency evidences an intent to prohibit discrimination in state government. A narrow, extremely limited construction of the term “state instrumentality” as not including the DFW Board would permit workplace elopment corporation to be state instrumentality subject to claims made under TCHRA); Vela v. Waco Indep. Sch. Dist., 69 S.W.3d 695, 700 (Tex.App.-Waco 2002, pet. withdrawn) (<HOLDING>); Crow v. Rockett Special Util. Dist., 17 Options: A. holding that an entity majorityowned by an agency or instrumentality of a foreign state is itself an agency or instrumentality of that foreign state under the fsia B. holding special utility district to be state instrumentality subject to claims made under tchra C. holding hospital district to be state instrumentality subject to claims made under tchra D. holding economic development corporation to be state instrumentality subject to claims made under the tchra and explaining that the employment discrimination prohibitions in chapter 21 are to be generally applied E. holding school district in claim made pri or to amendment defining state agency to be state instrumentality subject to claims made under tchra

assistant: The best answer is E. holding school district in claim made pri or to amendment defining state agency to be state instrumentality subject to claims made under tchra
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: Lamarre challenges a judgment entered by the court ('Warren, J.) denying him post-conviction relief from his conviction of two counts of aggravated trafficking of a schedule W drug within one thousand feet of a school (Class A), 17-A M.R.S. § 1105-A(1)(E)(1) (2012), and two counts of violating a condition of release (Class E), 15 M.R.S. § 1092(1)(A) (2012). Lamarre contends that the court erred in finding that Lamarre’s trial attorney provided effective assistance of counsel. We affirm the judgment. I. BACKGROUND [¶ 2] The facts from Lamarre’s underlying trial, viewed in the light most favorable to the State, may no longer be disputed. See State v. Lamarre, Mem-11-16 (Feb. 8, 2011); see also State v. Carey, 2013 ME 88, ¶ 3, 77 A.3d 471; State v. Larrivee, 481 A.2d 782, 783 (Me.1984) (<HOLDING>). [¶ 3] Gina Clark was an opiate addict with Options: A. holding that a ruling from a prior decision of this court becomes the law of the case that cannot be challenged in a later proceeding quotation marks omitted B. holding that a ruling of the trial court to which no error has been assigned becomes the law of the case and is not subject to review by the court of appeals C. holding an unappealed ruling is the law of the case and cannot be later challenged D. holding that where a ruling on a demurrer to complaint is not appealed from it becomes the law of the case E. holding an appellate decision becomes the law of the case and is controlling on both the trial court and on any further appeals in the same case

assistant: The best answer is A. holding that a ruling from a prior decision of this court becomes the law of the case that cannot be challenged in a later proceeding 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 case excerpt and choose the best holding from the options. Case excerpt: of a constitutionally suspect construction is inapplicable to the plain meaning of §§ 401 and 3559. The Court notes that a potential Eighth Amendment challenge as referenced in the Love concurrence does not lie in the classification of the offense, but in the penalty that is imposed. The Supreme Court has noted that “[t]he Eighth Amendment succinctly prohibits “excessive” sanctions.” Atkins v. Virginia, 536 U.S. 304, 311, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). The guiding principle courts use when determining whether a sanction is excessive is whether the punishment for the crime is graduated and proportioned to the offense. See Weems v. United States, 217 U.S. 349, 367, 30 S.Ct. 544, 54 L.Ed. 793 (1910); see also Solem v. Helm, 463 U.S. 277, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983) (<HOLDING>); but see Ewing v. California, 538 U.S. 11, Options: A. holding that once the statute is found to be divisible the court must look to the charging papers and judgment of conviction to determine if the actual crime of which defendant was convicted was a crime of violence but emphasizing that the court is not to examine the particular facts underlying the conviction B. holding that a district court may not rely on a charging document without first establishing that the crime charged was the same crime for which the defendant was convicted C. holding that a statute imposing a one dollar court cost for law enforcement on every person convicted of a crime was not a violation of the separation of powers doctrine because it is reasonable that one convicted of a crime should be made to share in the improvement of agencies that society has had to employ in defense against the very acts for which he has been convicted D. holding that before the accessory to a crime can be convicted as such it must be shown that the crime has been committed by the principal E. holding punishment must be proportional to the crime convicted

assistant: The best answer is E. holding punishment must be proportional to the crime convicted
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 obligations of the parties under Section 10.3 shall survive the repayment of the Secured Obligations and the termination of the Note Purchase Agreement, the Commitments, the Hedging Obligations and the Bank Product Obligations and, as applicable, removal or resignation of the Collateral Agent under the Note Documents. To the extent that any payments on the Secured Obligations or proceeds of any Collateral are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, debtor in possession, receiver or other Person under any bankruptcy law, common law or equitable cause, then, to such extent, the Secured Obligations so satisfied shall be revived and continue as if such payment or proceeds had not been received and the Collateral Agent’s and the other Secured Parties’ Liens, security interests, rights, powers and remedies under this Agreement and each other applicable Collateral Document shall continue in full force and effect. In such event, each applicable Collateral Document shall be automatically reinstated and each Grantor shall take such action as may be reasonably requested by the Collateral Agent and the other Secured Parties to effect such reinstatement.

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 case excerpt and choose the best holding from the options. Case excerpt: be what ERISA authorizes in a suit for benefits under § 1132(a). Id. at 379-80, 122 S.Ct. 2151 (footnote omitted). The Rush Prudential Court recognized that allowing the states to establish these types of procedures would somewhat undermine ERISA’s purpose in establishing a “uniform federal regime of ‘rights and obligations’ under ERISA.” Id. at 381, 122 S.Ct. 2151. However, the Court stated, “ *[s]uch disuniformities ... are the inevitable result of the congressional decision to ‘save’ local insurance regulation.’ ” Id. (quoting Metro. Life Ins. Co. v. Massachusetts, 471 U.S. 724, 747, 105 S.Ct. 2380, 85 L.Ed.2d 728 (1985)) (alterations in original). The Court acknowledged its previous holding in Pilot Life Ins. Co. v. Dedeaux, 481 U.S. 41, 57, 107 S.Ct. 1549, 95 L.Ed.2d 39 (1987) (<HOLDING>) and explained that a state statute might “so Options: A. holding that congressional intent as clearly expressed in legislative history cannot trump the irrefutably plain statutory language that emerged when congress actually took pen to paper B. holding that the plaintiffs causes of action were preempted because their claims were premised on the existence of an erisa plan C. holding that federal common law of erisa preempts state law in the interpretation of erisa benefit plans D. holding that statutory language is conclusive in absence of clearly expressed legislative intention to the contrary E. holding that congress had clearly expressed through the structure and legislative history of erisa an intention that the federal remedy displace state causes of action

assistant: The best answer is E. holding that congress had clearly expressed through the structure and legislative history of erisa an intention that the federal remedy displace state causes of action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Grantor, upon the request of Trustee, will execute, acknowledge, deliver and record and/or file such further instruments, in a form reasonably acceptable to Grantor, and do such further acts as may be necessary, desirable or proper to carry out more effectively the purpose of this Deed of Trust.

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 legal provision and list the applicable contract clause categories. Provision: The Lenders and the Administrative Agent shall have received all fees required to be paid by the Borrower, and all expenses for which invoices have been presented (including the documented reasonable out of pocket fees and expenses of legal counsel), on or before the Closing Date. All such amounts will be paid with proceeds of Loans made on the Closing Date and will be reflected in the funding instructions given by the Borrower to the Administrative Agent on or before the Closing Date.

assistant: Fees
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: on content, as inconsistent' with First Amendment); Simon & Schuster, Inc. v. Members of N.Y. State Crime Victims Bd., 502 U.S. 105, 116, 112 S.Ct. 501, 116 L.Ed.2d 476 (1991) (invalidating as inconsistent with the First Amendment New York’s “Son of Sam” law, which required a criminal’s income from works describing his crime be deposited into an escrow account for the benefit of victims of crime). Second, the government contends that computer code is not speech and hence is not subject to First Amendment protections. The court disagrees. Computer software is expression that is protected by the copyright laws and is therefore “speech” at some level, speech that is protected at some level by the First Amendment. See Sony Computer Entm’t v. Connectix Corp., 203 F.3d 596, 602 (9th Cir.) (<HOLDING>), cert. denied, 531 U.S. 871, 121 S.Ct. 172, Options: A. recognizing that immunity may be waived B. recognizing that source code is speech but not reaching the object code issue C. recognizing that object code may be copyrighted as expression under 17 usc 102b D. recognizing implied private action under the school code as to chapter 1 funds E. recognizing that code is speech

assistant: The best answer is C. recognizing that object code may be copyrighted as expression under 17 usc 102b
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: subject to the terms of this agreement , we reserve the right to limit the availability of , restrict access to , or discontinue the service and/or any content , program , product , service or other feature described or available on the service to any person , entity , geographic area , or jurisdiction , at any time and in our sole discretion , and to limit the quantities of any content , program , product , service , or other feature that we provide .

assistant: Unilateral termination
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: exactly this type of testimony (and not just lineup and photo spread identifications). Statements of prior identifications are admitted as substantive evidence because of “the generally unsatisfactory and inconclusive nature of courtroom identifications as compared with those made at an earlier time under less suggestive conditions.” FED. R. EVID. 801, advisory committee notes. We noted in Brink, 39 F.3d at 426, that evidence is generally admitted under 801(d)(1)(C) “when a witness has identified the defendant in a lineup or photospread, but forgets, or changes, his testimony at trial.” We explained that this Rule then permits a third person to testify regarding the previous statements of the eyewitness. Id.; see also United States v. Blackman, 66 F.3d 1572, 1578 (11th Cir. 1995) (<HOLDING>); United States v. O’Malley, 796 F.2d 891, 899 Options: A. holding court abused its discretion when it excluded psychologists testimony regarding host of identification issues among which was crossracial identification B. holding that testimony of fbi agent regarding bank tellers out of court identification was properly admitted under 801d1c C. holding that fbi agent was properly allowed to testify as expert on serial murders D. holding improperly admitted testimony was cumulative to the other properly admitted evidence and was therefore harmless E. holding that fbi agents testimony regarding witnesss pri or identification was admissible where nothing in the record suggested that the declarant was unavailable for reexamination after the agents testimony

assistant: The best answer is B. holding that testimony of fbi agent regarding bank tellers out of court identification was properly admitted under 801d1c
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 the creditor is free to foreclose upon the case’s conclusion without violating the discharge injunction. Johnson, 501 U.S. at 84, 111 S.Ct. 2150 (“[A] bankruptcy discharge extinguishes only one mode of enforcing a claim-namely, an action against the debtor in personam— while leaving intact another — namely, an action against the debtor in rem.”). Any deficiency that remains after the creditor forecloses on its liens and sells the property continues to exist, but is an uncollectible debt. Thus, following the discharge, the debt becomes nonrecourse debt. Id. at 86, 111 S.Ct. 2150 (“Insofar as the mortgage interest that passes through a Chapt ll.2008) (finding discharge a necessary prerequisite to permanency of lien avoidance); In re Lilly, 378 B.R. 232, 236-37 (Bankr.C.D.Ill.2007) (<HOLDING>). The court respectfully declines to reach the Options: A. holding that where there was no value in the collateral to secure the claim after application of section 506a creditor did not hold a secured claim and therefore lacked basis for asserting rights under 11 usc 1325a5 B. holding that by virtue of section 1325a5 holder of secured claim retains the lien until the underlying debt is paid in full C. holding that the words allowed secured claim in 506d refer to a claim that is secured by a lien and allowed under 502 D. holding that operation of state law requiring lien holder to renew lien in state court was not stayed by section 362 because extension simply allows the holder of a valid lien to maintain the status quo a policy not adverse to bankruptcy law but rather in complete harmony with it E. holding that the lien bond releases the property from the lien but the lien is then secured by the bond

assistant: The best answer is B. holding that by virtue of section 1325a5 holder of secured claim retains the lien until the underlying debt is paid in full
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The validity, interpretation, construction and performance of the Plan shall in all respects be governed by the laws of the United States and, to the extent not preempted by such laws, by the laws of the State of Texas, without regard to choice of law principles.

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: Each Loan Party has been duly organized and is validly existing with requisite power and authority to own its properties and to transact the businesses in which it is now engaged. Each Loan Party is duly qualified to do business and in good standing in each jurisdiction where it is required to be so qualified in connection with its properties, businesses and operations, except to the extent that failure to do so would not reasonably be expected to have a Material Adverse Effect. Each Loan Party possesses all rights, licenses, permits and authorizations, governmental or otherwise, necessary to entitle it to own its properties and to transact the businesses in which it is now engaged, except to the extent that failure to do so could not in the aggregate reasonably be expected to have a Material Adverse Effect. The sole business of Borrower is the acquisition, renovation, rehabilitation, ownership, maintenance, sale, transfer, financing, refinancing, management, leasing and operation of the Properties and other activity in furtherance thereof; and the sole business of Equity Owner is acting as the sole member of Borrower and any other activity in furtherance thereof, including, providing the Equity Owner Guaranty and the Equity Owner Security Agreement. Each Loan Party is a Special Purpose Entity.

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 case excerpt and choose the best holding from the options. Case excerpt: offenses, it is presumed that sentences for these offenses will be served concurrently. State v. Crocker, 409 N.W.2d 840, 845 (Minn.1987). But under certain circumstances, consecutive sentences may be imposed without departing from the sentencing guidelines. Minn. Sent. Guidelines II.F. For example, when a defendant has “[mjultiple current felony convictions for crimes against persons” and the presumptive disposition for the offenses is commitment to the commissioner of corrections, consecutive sentencing is permissive without departure from the sentencing guidelines. Id. Permissive consecutive sentencing is available under this exception only when the presumptive disposition for the offenses is commitment to the commissioner of corrections. Id.; see also Watkins, 650 N.W.2d at 743 (<HOLDING>). If permissive consecutive sentencing is not Options: A. holding that felony conviction for which imposition of sentence was stayed could be counted as prior felony conviction under sentencing guidelines B. holding that the illinois crime of failure to report for imprisonment is not a violent felony for purposes of the armed career criminal act C. holding that proof of an agreement to commit a felony is not a necessary element in a conviction for the commission of the felony D. holding that when prior felony sentence for crime against person has not been discharged and imprisonment is presumptive for current felony sentence permissive consecutive sentencing is available E. holding that drug felony under state law can constitute an aggravated felony for federal sentencing guidelines purposes even if the same conduct would not constitute a felony under federal law

assistant: The best answer is D. holding that when prior felony sentence for crime against person has not been discharged and imprisonment is presumptive for current felony sentence permissive consecutive sentencing is available
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 term of this Agreement (the “Term”) will begin on a date mutually acceptable to Licensee and Programmer within five (5) business days after the date of HSR Clearance (as defined in the Purchase Agreement), and will continue until the date one (1) year after the date of this Agreement, unless earlier terminated in accordance with the terms of this Agreement (or extended by mutual written agreement).

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: If any part of this Agreement is found to be unenforceable by a court of competent jurisdiction, then such unenforceable portion will be modified to be enforceable, or severed from this Agreement if it cannot be modified, and such modification or severance shall have no effect upon the remaining portions of this Agreement which shall remain in full force and effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the question of whether a conviction under Mass. Gen. Laws ch. 265, § 13H, for indecent assault upon a person ove .Stat. § 53-21, does not include a requirement of lack of consent on the part of the child victim, the statute expressly limits its application to children under the age of sixteen, which is the age of consent in Connecticut. See Conn. Gen. Stat. § 53a-71; see generally State v. Jason B, 248 Conn. at 568, 729 A.2d 760 (in which the Connecticut Supreme Court noted that there is a “significant judicial gloss with respect to § 53-21 [1993] ... to the effect that the act of having sexual intercourse with a child under sixteen years of age was a violation of the statute regardless of whether there was consent by the child”); State v. Plude, 30 Conn.App. 527, 621 A.2d 1342 (<HOLDING>), cert, denied, 225 Conn. 923, 625 A.2d 824 Options: A. holding that because consent is not a statement and a request for consent is not an interrogation giving consent to search is a neutral fact which has no tendency to show that the suspect is guilty of any crime B. holding that consent is not a valid defense to hazing C. holding that consent is not a defense to a violation of 5231 D. holding miranda violation does not vitiate voluntary consent E. holding there is no consent as a matter of law where the consent was given under coercion

assistant: The best answer is C. holding that consent is not a defense to a violation of 5231
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: erroneous only if, after reviewing the entire record, the appellate court is left with the definite and firm impression a mistake has been made.” Scott v. Scott, 414 S.W.3d 57, 60 (Mo.App. W.D.2013) (citation omitted). Analysis Flenoy raises a single point on appeal. She claims that her trial counsel’s performance was ineffective because trial counsel “failed to advise Ms. Flenoy adequately of the elements and burdens mely filed Rule 24.035 motion is not preserved for appellate review merely because a motion court accepts evidence and makes findings of fact and conclusions of law regarding the waived claim, as a motion court only has the authority to decide claims that have been timely asserted in a post-conviction motion. Stanley v. State, 420 S.W.3d 532, 540 n. 5 (Mo. banc 2014) (<HOLDING>); Dorris, 360 S.W.3d at 268 (“It is the court’s Options: A. holding that a motion court is compelled to dismiss late filed claims B. holding actions filed one day late are barred C. recognizing the late date of a motion to withdraw filed three weeks before trial D. holding that courts should exercise their discretion to permit the filing of late claims only when the equities on balance favor claimants and denying petitions to file late claims where they were filed more than 19 months after the deadline E. holding that the trial court lacked jurisdiction to rule on a 3800c motion filed one day late

assistant: The best answer is A. holding that a motion court is compelled to dismiss late filed claims
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall reimburse the Shareholder Group for its reasonable, documented out-of-pocket fees and expenses (including legal expenses) incurred in connection with the negotiation and execution of this Agreement, provided that such reimbursement shall not exceed $60,000 in the aggregate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the return of child to her parent. “Juvenile courts administering [dependency] statutes ‘act in parens patriae, focusing on family unity and the best interests of the child.’ ” State ex rel Dept. of Human Services v. W. P., 345 Or 657, 662, 202 P3d 167 (2009) (quoting State ex rel Juv. Dept. v. Geist, 310 Or 176, 189, 796 P2d 1193 (1990)); see also ORS 419B.090(2)(c) (dependency statutes are to be liberally construed to protect the welfare of children within the jurisdiction of the juvenile court); ORS 419B.090(3) (“It is the policy of the State of Oregon to safeguard and promote each child’s right to safety, stability and well-being. The State of Oregon recognizes the importance of a child’s relationships with parents, siblings, grandparents and other relatives.”); ORS 419B.090(5) (<HOLDING>). In light of its role in the context of Options: A. recognizing a strong policy preference in favor of arbitration B. holding that the governments interest in the welfare of children embraces not only protecting children from physical abuse but also protecting childrens interest in the privacy and dignity of their homes and in the lawfully exercised authority of their parents C. recognizing strong preference that children live in their own homes with their own families D. holding that states may enforce their own laws for disabled children and are not limited to the minimum standards of the federal law E. recognizing that states may establish procedural rules governing litigation in their own courts

assistant: The best answer is C. recognizing strong preference that children live in their own homes with their own families
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: when its jurisdiction is “in doubt,” because to do so would “carr[y] the courts beyond the bounds of authorized judicial action.” Steel Co. v. Citizens for a Better Envt., 523 U.S. 83, 101, 94, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998). At the same time, the Court has recognized that “in cases removed from state court to federal court, as in cases originating in federal court, there is no unyielding jurisdictional hierarchy,” Ruhrgas, 526 U.S. at 578, 119 S.Ct. 1563 and a court need not make a difficult determination as to subject matter jurisdiction when another clear threshold defect would warrant “denying audience to a case on the merits.” Sinochem Int’l Co. v. Malaysia Int’l Shipping Corp., 549 U.S. 422, 431, 127 S.Ct. 1184, 167 L.Ed.2d 15 (2007) (internal quotation marks omitted) (<HOLDING>). “It is hardly novel for a federal court to Options: A. holding that 1404a governed a forum non conveniens motion to transfer based upon a forum selection clause despite the current forums public policy that may refuse to enforce such provisions B. holding that issue concerning forum non conveniens decision was not suitable for interlocutory appeal in part because a forum non conveniens decision is inherently factsensitive C. holding that a district court has discretion to grant a defendants forum non conveniens motion to transfer before disposing of any other threshold challenges D. holding that a permissive forum selection clause containing a waiver of any claims of forum non conveniens amounts to a mandatory forum selection clause at least where the plaintiff chose the designated forum E. holding that a district court may dismiss based on forum non conveniens without first addressing personal jurisdiction

assistant: The best answer is C. holding that a district court has discretion to grant a defendants forum non conveniens motion to transfer before disposing of any other threshold challenges
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you hereby represent and warrant that ( 1 ) you are not located in a country that is subject to a u.s. government embargo , or that has been designated by the u.s. government as a `` terrorist supporting '' country ; and ( 2 ) you are not listed on any u.s. government list of prohibited or restricted parties .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Use the proceeds of the Credit Extensions to refinance existing indebtedness, issue standby or commercial letters of credit, finance ongoing working capital needs and for other general corporate purposes not in contravention of any Law or of any Loan Document and subject to the limitations in Section 7.10 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Judge. AgroSource, Inc., appeals the order denying access to twenty-two emails that were the subject of a public records request, asserting that the trial court did not conduct a proper inspection of these documents. We affirm because the trial court’s determination that the responsive emails were exempt from disclosure is supported by competent, substantial evidence. See Bryan v. Butterworth, 692 So.2d 878, 881 (Fla.1997) (<HOLDING>). The trial court considered the testimony of Options: A. holding that when competent substantial evidence supports the trial courts ruling this court will not secondguess the trial court on this matter B. holding that where the record shows that competent substantial evidence supports the trial courts findings that the documents were exempt from disclosure said findings will not be second guessed C. holding that where there is competent evidence to support the courts findings the admission of incompetent evidence is not prejudicial D. holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record E. holding that when competent substantial evidence supports a trial courts ruling the appellate court will not secondguess the trial court

assistant: The best answer is B. holding that where the record shows that competent substantial evidence supports the trial courts findings that the documents were exempt from disclosure said findings will not be second guessed
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 the occurrence and during the continuation of a Termination Event, Buyer may take any of the following actions: (i) declare the Termination Date to have occurred, whereupon the Termination Date shall forthwith occur, without demand, protest or further notice of any kind, all of which are hereby expressly waived by Originator; provided , however , that upon the occurrence of a Termination Event described in Section 5.1(d) , or of an actual or deemed entry of an order for relief with respect to Originator under the Federal Bankruptcy Code, the Termination Date shall automatically occur, without demand, protest or any notice of any kind, all of which are hereby expressly waived by Originator and (ii) to the fullest extent permitted by applicable law, declare that the Default Fee shall accrue with respect to any amounts then due and owing by Originator to Buyer. The aforementioned rights and remedies shall be without limitation and shall be in addition to all other rights and remedies of Buyer and its assigns otherwise available under any other provision of this Agreement, by operation of law, at equity or otherwise, all of which are hereby expressly preserved, including, without limitation, all rights and remedies provided under the UCC, all of which rights shall be cumulative.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall constitute an original, but all of which taken together shall be one and the same instrument. In proving this Agreement, the Loan Agreement or any of the Other Documents, it shall not be necessary to produce or account for more than one such counterpart signed by the party against whom enforcement is sought. Notice of acceptance hereof is hereby waived.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: be lost.” Stokes, therefore, was on notice that the 90-day period commenced upon her receipt of the Determination. See St. Louis v. Tex. Worker’s Comp. Comm’n, 65 F.3d 43, 47 (5th Cir.1995) (noting that one criteria to consider regarding equitable tolling is whether the EEOC provided adequate notice of the complainant’s right to sue) (citing Baldwin County Welcome Ctr. v. Brown, 466 U.S. 147, 151, 104 S.Ct. 1723, 80 L.Ed.2d 196 (1984)). Moreover, her unsworn affidavit provides no information regarding the details of her conversation with the EEOC investigator or whether Stokes questioned the investigator regarding the unequivocal language of the Determination. The evidence is insufficient to meet Stokes’s burden, and equitable tolling does not apply. Cf. Ramirez, 312 F.3d at 184-85 (<HOLDING>); see also Conaway v. Control Data Corp., 955 Options: A. holding that based on the little information plaintiff provided the court could not conclude that the eeoc affirmatively misled him B. holding that a misnomer does not render a summary judgment void provided the intention to sue the correct defendant is evident from the pleadings and process such that the defendant could not have been misled C. holding that the pjlaintiff was not seeking the enforcement of a final eeoc order because he specifically requested more relief than the eeoc awarded D. holding that where law firm had reason to believe that the information provided to it by the company was materially different from the truth firm could not escape liability merely by stating that its opinion was based solely on information provided to it E. holding that an original eeoc charge is sufficient to support a civil suit under the act for any discrimination developed in the course of a reasonable investigation of that charge provided such discrimination was included in the reasonable cause determination of the eeoc

assistant: The best answer is A. holding that based on the little information plaintiff provided the court could not conclude that the eeoc affirmatively misled him
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Employer may, at any time, amend or modify the Plan in whole or in part with respect to that Employer, provided, however, that no amendment or modification shall be effective to decrease or restrict the present value, using the Base Rate for the Plan Year of the amendment or modification as the discount rate, of a Participant's Account Balance at the time the amendment or modification is made, calculated as if the Participant had experienced a Termination of Employment as of the effective date of the amendment or modification. The amendment or modification of the Plan shall not affect any Participant or Beneficiary who has become entitled to the payment of Plan benefits as of the date of the amendment or modification.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the kind of purposeful distribution of goods that the Kopke court concluded supported a finding of sufficient minimum contacts.” Taylor, 181 Md.App. at 385, 956 A.2d at 767. In Kopke, a Wisconsin truck driver was injured when a pallet loaded with paper fell on him while he was unloading an ocean-going container that allegedly had been negligently packed by an Italian loading company. 629 N.W.2d at 666-67. In contrast to the Kopke court, we do not consider cargo “introduced into the stream of commerce with rom “ ‘random,’ ‘fortuitous,’ or ‘attenuated’ contacts, or [from] the ‘unilateral activity of another party or a third person.’ ” Burger King Corp., 471 U.S. at 475, 105 S.Ct. at 2183, 85 L.Ed.2d at 542 (citations omitted); see also Bond, 391 Md. at 731, 895 A.2d at 1005 (<HOLDING>). We shall analyze all of CSR’s contacts with Options: A. holding that the defendants contacts with ohio were sufficient to support the exercise of jurisdiction where defendant consciously reached out from texas to ohio to subscribe to compuserve and sold his software over compuserves ohiobased system B. recognizing that the ohio longarm statute does not extend to the limits of due process and focusing the inquiry on whether defendant established sufficient business contacts with ohio C. holding personal jurisdiction did not exist over the londonbased international amateur athletic federation iaaf despite the fact that its member organization in the usa had minimum contacts with ohio where the plaintiffs contract claim did not arise out of iaafs contacts with ohio D. holding that a maryland court could not exercise jurisdiction over an ohio lawyer when a maryland client initiated five of seven contacts with the lawyer the parties created the attorneyclient relationship in ohio and the attorneyclient relationship involved only events in and the law of ohio E. holding that even where a client was more sophisticated in business matters than the lawyer himself the lawyer should have assumed the client was relying on the lawyer for the legal aspects of the loan from the client to the lawyer to the same extent that the client would rely on the lawyer for advice were the client making the loan to a third person

assistant: The best answer is D. holding that a maryland court could not exercise jurisdiction over an ohio lawyer when a maryland client initiated five of seven contacts with the lawyer the parties created the attorneyclient relationship in ohio and the attorneyclient relationship involved only events in and the law of ohio
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If the holder of a Restricted Stock Award or a Restricted Stock Unit Award granted pursuant to this Article V ceases to be a director of the Company by reason of Disability, each share of Restricted Stock or each Restricted Stock Unit subject to such award shall vest in full.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and (2) an injury to the plaintiff which flows from that which makes defendant’s acts unlawful.” Gulfstream III Assocs. Inc. v. Gulfstream Aerospace Corp., 995 F.2d 425, 429 (3d Cir.1993) (citing Int’l Raw Materials, Ltd. v. Stauffer Chem. Co., 978 F.2d 1318, 1327-28 (3d Cir.1992)). The District Court correctly recognized that exclusive supply contracts or exclusive dealing agreements have been frequently upheld when challenged on antitrust grounds. See, e.g., E. Food Servs., Inc. v. Pontifical Catholic Univ. Servs. Ass’n, Inc., 357 F.3d 1, 8 (1st Cir.2004) (stating that exclusive dealing contracts are not disfavored by antitrust laws and ordinarily pose threat to competition only in very discrete circumstances); Barr Labs., Inc. v. Abbott Labs., 978 F.2d 98, 111 (3d Cir. 1992) (<HOLDING>). “Rather, it is widely recognized that in many Options: A. holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous B. recognizing section 365 as the exclusive remedy in the context of executory contracts C. holding implied covenant of good faith and fair dealing found in some commercial contracts does not extend to atwill employment contracts D. recognizing that existence of legitimate business justifications for the exclusive dealing contracts also supports the legality of the global contracts E. holding that at will contracts of employment are subject to tortious interference with contracts claims

assistant: The best answer is D. recognizing that existence of legitimate business justifications for the exclusive dealing contracts also supports the legality of the global contracts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term or other provision of this Agreement is invalid, illegal, or incapable of being enforced by any law or public policy, all other terms or provisions of this Agreement shall nevertheless remain in full force and effect so long as its economic or legal substance is not affected in any manner materially adverse to a Party. Upon such determination that any term or other provision is invalid, illegal, or incapable of being enforced, the Parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a reasonably acceptable manner.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company agrees to pay to the Purchaser upon demand any and all reasonable out-of-pocket costs or expenses (including, without limitation, reasonable legal fees and disbursements) incurred or sustained by the Purchaser, in connection with the preparation of this Agreement and related matters.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything to the contrary contained herein, the liability and obligations of the Borrower under Section 13.3 shall survive the discharge, satisfaction or assignment of this Agreement and the payment in full of all of the Obligations, unless such liability and obligations are terminated with express reference to this Section 13.5.

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: Executive shall be entitled to indemnification with respect to Executive’s services provided hereunder pursuant to Delaware law, the terms and conditions of Company’s certificate of incorporation and/or by-laws, and the Company’s directors and officers (“D&O”) liability insurance policy. The Company shall give thirty (30) days’ prior written notice to Executive of cancellation, non-renewal, or material change in coverage, scope or amount of such director and officer liability policy. The provisions of this Section 3(h) are in the nature of contractual obligations and no change in applicable law or Company’s certificate of incorporation, bylaws or other organizational documents or policies shall affect the Executive’s rights hereunder.

assistant: Indemnifications