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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the vehicle without more." Id. (quoting Labron, 518 U.S. at 940, 116 S.Ct. at 2485, 161, 163 (Ind.Ct.App.2002), as modified on rehearing, 767 N.E.2d 995, 996 (Ind.Ct.App.2002), trams. not sought (finding warrantless search of an automobile in apartment complex parking area, where driver was handcuffed and being questioned in police car, was justified because of "the inherent mobility of automobiles"). Some cases from other courts have declined to apply the automobile exception where the automobile is entirely immobile or is not situated for transportation. See, e.g., State v. Kypreos, 115 Wash.App. 207, 216, 61 P.8d 352, 357 (Wash.App.2002) (au tomobile exception did not apply to a fifth wheel trailer that was not attached to any vehicle so was not readily mobile); La (S.D.N.Y.2004) (<HOLDING>); People v. Carter, 250 Mich.App. 510, 515, 655 Options: A. holding that search of car was not incident to arrest where arrestee had exited and locked car before he was approached by officer and then arrested B. holding automobile exeeption did not apply to warrantless search of vehicle where vehicle was not readily mobile because the vehicle was legally parked in parking lot occupants of vehicle were seated on a bench in the playground near the parking lot police officers surrounded the vehicle and the driver of the vehicle was handcuffed for safety purposes C. holding that a vehicle was readily mobile even though it was locked and its owner was in police custody because other individuals might also have access to the car D. holding that police officer could reasonably have impounded defendants vehicle either because there was no known individual immediately available to take custody of the car or because the car could have constituted a nuisance in the area in which it was parked E. holding that warrantless search of defendants vehicle was legal because defendants consent was voluntary even through he was in police custody at the time of giving consent

assistant: The best answer is C. holding that a vehicle was readily mobile even though it was locked and its owner was in police custody because other individuals might also have access to the car
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 Obligors will not directly or indirectly pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, or grant any security or provide other credit support, to any holder of Notes as consideration for or as an inducement to the entering into by any holder of Notes or any waiver or amendment of any of the terms and provisions hereof unless such remuneration is concurrently paid, or security is concurrently granted, or other credit support is concurrently provided, on the same terms, ratably to each holder of Notes then outstanding even if such holder did not consent to such waiver or amendment.

assistant: Payments
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 binding upon and shall inure to the benefit of the parties and their respective successors and assigns. Officer may not assign any right or obligation hereunder without ARMADA LP’s prior Armada LP’s written consent. ARMADA LP may assign its rights and obligations here under to any successor in interest.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: [JNOV] issues that were pre-termitted by the new-trial order.” We disagree. It is not unusual for this Court to instruct a trial court or an intermediate appellate court to address unresolved or-pretermitted issues on remand, provided that the issues have not been waived. Compare Lake v. Memphis Landsmen, LLC, 405 S.W.3d 47, 54 & n.5, 69 (Tenn. 2013) (remanding for the Court of Appeals to decide several issues that had been raised but not determined in the initial appeal), and Tenn. Farmers Life Reassurance Co. v. Rose, 239 S.W.3d 743, 751-52 (Tenn.2007) (remanding for further trial court proceedings to resolve defenses raised in the pleadings which had been pretermitted by an erroneous grant of summary judgment), with In re Estate of Smallman, 398 S.W.3d 134, 162 n.10 (Tenn. 2013) (<HOLDING>). In this in stance, however, the Defendant’s Options: A. holding an issue not raised in the bankruptcy court was waived on appeal B. holding that an issue not raised on appeal is waived C. holding that a waived issue was not available and should not be reconsidered upon remand D. holding individual standing issue waived E. holding issue not raised in the bankruptcy court was waived on appeal

assistant: The best answer is C. holding that a waived issue was not available and should not be reconsidered upon remand
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 to the provisions of Section 1.6 above, this Warrant is exercisable in whole or in part at any time and from time to time on or before 5:00 PM, Pacific time, on the Expiration Date and shall be void thereafter.

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: Sellers shall (and shall cause the Affiliated Parties to (as applicable) maintain its existing insurance coverage with respect to each Facility and not allow any breach, default, termination or cancellation thereof or thereunder; provided , however , that Sellers shall be permitted to amend, restate and/or renew any policies related to such insurance coverage in a manner consistent with its ordinary course of business.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: interest rates, construction costs, and macroeconomic variables such as GNP and California per capita income.” Id Both models project future prices of electricity in different sectors, and reach different results. Both attempt to predict the price of fuels such as natural gas that, in some uses, may substitute for electricity. Both attempt to assess the degree to which conservation will curtail demand. Should the Commission attempt to widen its examination to encompass ever larger areas, it could not rely on existing studies of smaller regions; piecing together studies limited to smaller regions would ignore the interconnections and synergistic effects a study of the larger area would show. Cf. Kleppe v. Sierra Club, 427 U.S. 390, 409-10, 96 S.Ct. 2718, 2729-30, 49 L.Ed.2d 576 (1976) (<HOLDING>). The Commission’s task, if it were to embark Options: A. holding that prejudice may result from the cumulative impact of multiple deficiencies B. holding improperly admitted evidence may be harmless if cumulative C. recognizing impact of child support guidelines D. recognizing that segmentation of an environmental investigation may slight cumulative or synergistic environmental impact E. holding that the exclusion of cumulative evidence did not materially impact defendants right to present a defense

assistant: The best answer is D. recognizing that segmentation of an environmental investigation may slight cumulative or synergistic environmental impact
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and the Subsidiaries have filed all United States federal income Tax returns and all other material Tax returns which are required to be filed by any of them and have paid all Taxes due pursuant to said returns or pursuant to any assessment received by the Company or any Subsidiary, except such Taxes, if any, as are being contested in good faith and as to which adequate reserves have been provided in accordance with the Agreement Accounting Principles, or where the failure to make such payment could not reasonably be expected to result in a Material Adverse Effect. The charges, accruals and reserves on the books of the Company and the Subsidiaries in respect of any Taxes or other governmental charges have been made in accordance with Agreement Accounting Principles.

assistant: Taxes
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 Executive shall serve as "Chief Financial Officer," reporting to the Company's Chief Executive Officer (" CEO ") and the non-executive Chairman (the " Chairman ") of the Company's Board of Directors (the " Board "). The Executive shall have such duties and responsibilities, commensurate with the Executive's position, as may be reasonably assigned to the Executive from time to time by the CEO, the Chairman or the Board. The Executive's principal place of employment shall be 315 Manitoba Avenue, Suite 200, Wayzata, Minnesota.

assistant: General
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: may not be based on “subjective opinions about future ‘quality of life’ of a . . . disabled person.” 45 C.F.R. pt. 1340 app. A state may avoid the regulations by electing not to receive CAPTA funds. Neither party has briefed the applicability of CAPTA in this case. According to public records, Washington State is a recipient of CAPTA funds. See Office of Family & Children’s Ombudsman, available at http://www.govemor.wa.gov/ofco/gal/galsum.htm (last visited Oct. 29, 2007). 4 The Natural Death Act recognizes the right of a competent adult to refuse, by advance directive, life-sustaining medical treatment when the adult is in a terminal or permanently unconscious condition. RCW 70.122.030. The act does not apply here because Liam is not a competent adult. 5 Cruzan, 497 U.S. at 278 (<HOLDING>); Washington v. Glucksberg, 521 U.S. 702, 117 Options: A. holding that a person has a constitutionally protected liberty interest in refusing unwanted medical treatment B. recognizing the principle that a competent person has a constitutionally protected liberty interest in refusing unwanted medical treatment C. holding that a prisoners loss of privileges for thirty days was not a property right that would constitute a violation of his constitutionally protected liberty interest D. recognizing a competent persons constitutionally protected liberty interest in refusing lifesaving medical intervention E. holding parental rights are constitutionally protected fundamental interest

assistant: The best answer is D. recognizing a competent persons constitutionally protected liberty interest in refusing lifesaving medical intervention
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: only when it is shown that the confidence reposed by one person was actually accepted by the other, and merely reposing confidence in another may not, of itself, create the relationship”) (footnotes omitted). Although the courts of Kansas have suggested that a somewhat more protective approach may be used when one party is under a disability or disadvantage, Cor-nett v. Roth, 233 Kan. 936, 941, 666 P.2d 1182, 1186 (1983), Wedman v. Home Nat. Bank of Arkansas City, No. 88-1439-K (D.Kan., Jan. 25, 1990) (WESTLAW, 1990 WL 7501), this more protective approach will ordinarily not be utilized as between two or more business people or business entities who each possess the capacity to protect themselves. See Ritchie Enterprises v. Honeywell Bull, Inc., 730 F.Supp. 1041, 1054 (D.Kan.1990) (<HOLDING>). The Supreme Court of Kansas has cautioned Options: A. holding that a sellers superior knowledge of a product does not justify imposition of a fiduciary relationship in the absence of a conscious assumption of fiduciary duties B. holding that a statutorilyimposed fiduciary obligation created an express trust fiduciary relationship for purposes of 523a4 C. holding that under delaware law the fiduciary duties of officers are the same as those of directors D. holding general fiduciary duties of confidence trust loyalty and good faith insufficient to establish the necessary fiduciary relationship for purposes of 523a4 E. recognizing that fiduciary liability requires not onlya repose of trust but an assumption of a duty and breach of that duty

assistant: The best answer is A. holding that a sellers superior knowledge of a product does not justify imposition of a fiduciary relationship in the absence of a conscious assumption of fiduciary duties
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: State’s proffered alternative ground for affirming the trial court’s ruling. ZIMMERMAN, C.J., HOWE, DURHAM and RUSSON, JJ., concur. 1 . The State contends that this limitation in the scope of the warrant was merely the result of a technical oversight. 2 . The trial court employed this term in its memorandum decision, and the Court of Appeals generally noted that the trial court had found the warrant to be "invalid." These terms, however, may be somewhat misleading. It does not appear that the trial court found there was an insubstantial basis for issui ah 1984) (refusing to address argument offered on appeal in defense of lower court’s decision where that argument was not raised in pleadings or argued by parties below); Branch v. Western Petroleum, Inc., 657 P.2d 267, 276 (Utah 1982) (<HOLDING>). 4 . Since deciding Langnes, the United States Options: A. holding that appellate court can uphold a trial courts ruling on any ground appearing in the record whether urged in the trial court or not B. holding that appellate court may only review issues actually presented to and considered by the trial court C. holding that appellate court in affirming trial courts decision may rely in part on a ground not presented to trial court D. holding an appellate court is not limited to the grounds offered by the trial court in support of its decision and may affirm on any ground on which additional factual findings are not required E. holding that trial court may not grant summary judgment on ground not presented by movant in writing

assistant: The best answer is C. holding that appellate court in affirming trial courts decision may rely in part on a ground not presented to trial court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Consultant acknowledges and agrees that any payments due under Section 11.1 of that certain Amended and Restated Severance Agreement dated January 1, 2016 by and between Consultant and Company (the “ Severance Agreement ”) are in complete satisfaction of any and all compensation due to the Consultant from the Company as of the Effective Date and that, except as expressly provided under this Agreement and certain other Company Equity Plans (as defined below) and related award agreements in effect, no further compensation is owed or will be paid. Consultant further acknowledges and agrees that she shall submit a final expense reimbursement statement reflecting all business expenses incurred through the Effective Date for which reimbursement is sought, and the Company shall reimburse Consultant for any authorized and documented expenses in accordance with the Company’s regular business practices.

assistant: Benefits
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 Originator (directly or through an Affiliate) has implemented and maintains in effect policies and procedures designed to provide for compliance by the Originator, its Affiliates and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions, and the Originator, its Affiliates and their respective directors, officers and employees and, to the Acknowledge of the Originator, their respective authorized agents, are in compliance with Anti-Corruption Laws and applicable Sanctions. None of (i) the Originator, its Affiliates or, to the Actual Knowledge of the Originator, any of their respective directors, officers or employees, or (ii) to the Actual Knowledge of the Originator, any agent of the Originator or its Affiliates that will act in any capacity in connection with or benefit from the transactions contemplated by the Transaction Documents, is a Sanctioned Person. The direct or indirect use of any proceeds of any sale of Receivables hereunder will not result in a violation by any Company Party of any Anti-Corruption Laws or applicable Sanctions.

assistant: Sanctions
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 Consent and Waiver and the Loan Documents represent the entire agreement by and among Lender, Borrower and Successor Guarantor with respect to the subject matter hereof and supersede all prior agreements, oral or written, between such parties with respect thereto. No claim of waiver, modification, consent, or acquiescence with respect to any provision of this Agreement shall be made against Lender, Borrower or Successor Guarantor, except on the basis of a written instrument executed by or on behalf of such party.

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 case excerpt and choose the best holding from the options. Case excerpt: word “unreasonably” is “widely used and well understood”); see also United States v. Woodard, 376 F.2d 136, 139 (7th Cir.1967) (upholding against vagueness challenge statute stating that a “person commits disorderly conduct when he knowingly ... does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace”); see also Karlin v. Foust, 188 F.3d 446 (7th Cir.1999) (upholding against vagueness challenge Wisconsin abortion statute using term “reasonable medical judgment”). Precedent in this district and in the Wisconsin Supreme Court also indicates that the use of the word “unreasonably” in a noise ordinance is not so vague as to make the ordinance unconstitutional. In Milwaukee Mobilization for Survival v. Milwaukee County Park Com 743 (1995) (<HOLDING>); State v. Garren, 117 N.C.App. 393, 451 S.E.2d Options: A. recognizing that a state courts determination is not an unreasonable application of law merely because it is erroneous B. holding threeyear delay without mitigating circumstances was unreasonable C. holding that unreasonable noise is not vague because unreasonable denotes objectivity based on circumstances D. holding that the bia rule is unreasonable in this context E. holding that term unreasonable noise was not vague

assistant: The best answer is C. holding that unreasonable noise is not vague because unreasonable denotes objectivity based on circumstances
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No Party hereto may make any direct or indirect assignment or subcontracting of this Agreement or any interest herein, by operation of laws or otherwise, without the prior written consent of the other Parties hereto. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective heirs, personal representatives, executors, legal representatives, successors and permitted assigns.

assistant: Assigns
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 business and purpose of the Company shall be to engage, directly or indirectly through its Subsidiaries, in the planning, design, construction, acquisition, ownership, operation, modification and maintenance of the Assets, to market the services of the Assets, to engage in the transportation, terminalling, storage and/or other handling of Crude Petroleum through the Assets and to engage in any activities relating thereto, and to engage in any other lawful act or activity that now or in the future may be necessary, convenient, incidental or advisable to accomplish the foregoing purpose and that is not forbidden by Law in the jurisdictions in which the Company engages in such business or activities. The Company shall have all powers and privileges granted by the Delaware Act, any other Law or this Agreement, including incidental powers thereto, to the extent that such powers and privileges are necessary, customary, convenient or incidental to the attainment of the Company’s business and purpose as set forth in the foregoing sentence of this Section 2.6 .

assistant: Powers
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: F.3d 241, 246 (3d Cir.2008) (reasoning that a “modification of a divorce decree is analogous to the issuance of a divorce decree,” and therefore subject to the domestic-relations exception to federal diversity jurisdiction); Norton v. McOsker, 407 F.3d 501, 505 (1st Cir.2005) (“Even if the Rhode Island Family Court did have jurisdiction, the domestic relations exception ... would not apply[ ] because [the plaintiff] did not bring any claim related to a divorce, alimony, or a child custody decree.”); Dunn v. Cometa, 238 F.3d 38, 41 (1st Cir.2001) (“[L]awsuits affecting domestic relations, however substantially, are not within the [domestic-relations] exception unless the claim at issue is one to obtain, alter or end a divorce, alimony or child custody decree.”); Lloyd, 694 F.2d at 493 (<HOLDING>). Thus, the domestic-relations exception to Options: A. holding that the political subdivisions of a state are subject to federal diversity jurisdiction B. holding court of competent jurisdiction includes federal courts C. holding that the domesticrelations exception to federal diversity jurisdiction does not prevent federal courts from adjudicating a tort action when the plaintiffs do not contest the validity of the state custody decree because the tort issues were not entangled with issues that only state courts are competent to resolve D. holding that in diversity cases federal courts are to apply state substantive law and federal procedural law E. holding that in a diversity action a federal court must apply the law of the forum state

assistant: The best answer is C. holding that the domesticrelations exception to federal diversity jurisdiction does not prevent federal courts from adjudicating a tort action when the plaintiffs do not contest the validity of the state custody decree because the tort issues were not entangled with issues that only state courts are competent to resolve
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as “Bivens-type actions based directly on the Constitution.”). The Court in Bush held a Bivens-type action would not lie where a federal statutory scheme provided a remedy for the violation of a particular constitutional right, in that case, the First Amendment right to free speech. Id. at 390, 103 S.Ct. at 2417. The Bivens implied cause of action against federal officers complements the statutory § 1983 cause of action which lies against state or other non-federal government officials. 42 U.S.C. § 1983 (1988). The deterrent effect provided by Bivens-type, actions works similarly to that provid n of Conway, 127 N.H. 593, 503 A.2d 1385 (1986) (refusing to imply a cause of action when a statutory remedial scheme exists); Corum v. University of North Carolina, 330 N.C. 761, 413 S.E.2d 276 (<HOLDING>) cert. denied, — U.S. -, 113 S.Ct. 493,121 Options: A. recognizing that state agencies which are independent of the state are citizens of the state B. recognizing exception under state constitution C. holding that the state police is a state agency D. holding that where it is alleged that state has violated rights conferred by constitution governmental immunity is not available in state court action but declining to infer a right to sue the state for damages on the basis of a violation of the michigan constitution E. holding that in the absence of an adequate state remedy one whose constitutional rights are violated has a direct claim against the state under the state constitution

assistant: The best answer is E. holding that in the absence of an adequate state remedy one whose constitutional rights are violated has a direct claim against the state under the state constitution
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: above information, police obtained the search warrant. The Court of Appeals distinguished the two searches, reasoning that defendant had no reasonable expectation of privacy in the UPS box and that he did have a reasonable expectation of privacy in the garbage he placed in the opaque garbage bags. State v. Krech, 399 N.W.2d 203, 205 (Minn.App.1987). The court then reasoned that the totality of information that was lawfully obtained — the information Cross received at the bars, the observations he made when he was babysitting, and the information obtained from seizing the UPS box — established probable cause justifying the issuance of the search warrant. 399 N.W.2d at 206-07. Relevant garbage-search cases include: Abel v. United States, 362 U.S. 217, 80 S.Ct. 683, 4 L.Ed.2d 668 (1960) (<HOLDING>); United States v. Michaels, 726 F.2d 1307, Options: A. holding that the fourth amendment protects property as well as privacy B. holding that under article i section 9 a person has no constitutionally protected privacy interest in abandoned property C. recognizing that defendant had diminished expectationof privacy in motel room D. holding no 4th amendment violation where officers seized items abandoned in hotel wastepaper basket after checkout E. holding that when a person checked out of a motel leaving behind certain items in the waste basket of his room he had abandoned the property and thereby lost any fourth amendment right to privacy in the property

assistant: The best answer is E. holding that when a person checked out of a motel leaving behind certain items in the waste basket of his room he had abandoned the property and thereby lost any fourth amendment right to privacy in the property
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: so that a person might understand the continuity of what is there. While there is a reference on the front of the invoice that there are terms and conditions on the reverse side, there is no reference in the correspondence which the trial court found constituted the contract to any additional express terms. In addition, the trial court concluded that there was insufficient evidence to establish any agreement with respect to the additional terms by virtue of this or previous transactions. The record reveals, inter alia, that the invoice was sent at the end of the transaction, not the beginning; and neither of the plaintiffs principals was actually aware of any additional provisions from this or previous transactions. See Surplus Electronics Corp. v. Gallin, 653 P.2d 752 (Colo.App.1982) (<HOLDING>). Defendant relies upon Independent Machinery, Options: A. holding that an order imposing sanctions against an attorney for one of the parties in a pending case is final and therefore immediately appealable by the attorney B. holding that the repeated sending of a writing which contains certain standard terms without any action with respect to the issues addressed by those terms cannot constitute a course of dealing which would incorporate a term of the writing otherwise excluded under 2207 because the repeated exchange of forms by the parties only tells buyer that seller desires certain terms given sellers failure to obtain buyers express assent to these terms before it will ship the program buyer can reasonably believe that while seller desires certain terms it has agreed to do business on other terms those terms expressly agreed upon by the parties C. holding that the fine print terms at the bottom of an invoice imposing attorney fees were not terms upon which the parties agreed and therefore did not become part of the contract D. holding that the terms on the back of an invoice sent after the parties entered into a contract were enforceable because the invoices were issued relatively contemporaneously with the shipment of goods the parties dealings involved identical invoice provisions throughout the parties relationship additional terms were found in the invoices that were not in the purchase orders and the plaintiff never exercised any opportunity to delete these additional terms E. holding that even if the parties had formed a contract under 2207l the arbitration clause materially altered the contract and therefore did not become part of the parties agreement

assistant: The best answer is C. holding that the fine print terms at the bottom of an invoice imposing attorney fees were not terms upon which the parties agreed and therefore did not become part of the contract
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 counterparts which, when read together, shall constitute a single instrument, and this has the same effect as if the signatures on the counterparts were on a single copy hereof. A composite copy of this Agreement may be compiled comprising a single copy of the text of this Agreement and one or more copies of the signature pages containing collectively the signatures of all Parties.

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: as a class action. Id. at 676. Defendants do not challenge the qualifications of plaintiffs’ attorneys. However, defendants do assert that the named plaintiffs have interests that are antagonistic to those of the proposed class members because some named plaintiffs have received promotions under Article 11, while some potential class members have not. That fact, however, does not lead to the conclusion that the named plaintiffs have interests antagonistic to those of the potential class members. At most, defendants have highlighted the inevitable factual variations among named plaintiffs and potential class members. Such variations are insufficient to undermine the adequacy of the named plaintiffs’ representation. See Meiresonne v. Marriott Corp., 124 F.R.D. 619, 625 (N.D.Ill.1989) (<HOLDING>). In sum, the court finds that plaintiffs have Options: A. holding that supervisor was adequate representative because her interests were not antagonistic to those of other class members where her involvement in implementing allegedly discriminatory salary system was minimal and she had no salarysetting authority with regard to any class members B. holding that entry of settlement decree without notice to putative class members violated the due process rights of the class members C. holding that putative class members are not parties to an action prior to class certification D. holding that competition among class members is insufficient to demonstrate antagonistic interests E. holding that a class plaintiff who seeks to assert statutory rights to protect a class of which he is a member is not asserting rights antagonistic to any members of that class

assistant: The best answer is D. holding that competition among class members is insufficient to demonstrate antagonistic interests
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) Subject to applicable law, if an Event of Default shall occur and be continuing, the Beneficiary may elect to sell the Property or any part of the Property by exercise of the power of foreclosure or of sale granted to the Trustee by applicable law or this Amended and Restated Deed of Trust. In such case, the Beneficiary may commence a civil action to foreclose this Amended and Restated Deed of Trust, or it may proceed and sell the Property to satisfy any Obligation. The Trustee may sell all or such parts of the Property as may be chosen by the Beneficiary at the time and place of sale fixed by it in a notice of sale, either as a whole or in separate lots, parcels or items as the Trustee or the Beneficiary shall deem expedient, and in such order as it may determine, at public auction to the highest bidder. The Trustee may postpone any foreclosure or other sale of all or any portion of the Property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement or subsequently noticed sale. Any person, including the Beneficiary or any designee or affiliate thereof, may purchase at such sale.

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: (b)(5) (establishing that a party’s failure to bargain in good faith constitutes an unfair labor practice). The Supreme Court has clarified that the CSRA forecloses a parallel remedy in the district courts in all but three limited instances not applicable here. Karahalios, 489 U.S. at 532, 109 S.Ct. 1282. In other words, no private cause of action exists to judicially enforce a federal employees union’s duty to bargain in good faith. Id. at 533, 109 S.Ct. 1282; see also Burnett v. West, 1996 WL 471392, at *1 (9th Cir. Aug. 19, 1996) (affirming the district court’s dismissal because “federal district courts lack jurisdiction to adjudicate unfair labor claims arising under the [Civil Service Reform] Act”); Nat’l Treasury Employees Union, 23 F.L.R.A. 720, 722, 1986 WL 54476 (1986) (<HOLDING>). In short, the plaintiffs objections to the Options: A. holding that the court lacked subject matter jurisdiction over the plaintiffs allegations that a cba violated applicable laws rules or regulations and noting that those allegations could be raised in other appropriate proceedings such as grievance arbitration and unfair labor practice proceedings and if the agreement provisions were found to be violative of the statute or any other applicable law rule or regulation they would be void and unenforceable B. holding that the exclusionary rule does not apply to civil deportation proceedings and noting the rules incompatibility with the streamlined administrative nature of such proceedings C. holding that the rules of evidence normally applicable in criminal trials do not operate with full force at hearings before the judge to determine the admissibility of evidence there is therefore much to be said for the proposition that in proceedings where the judge himself is considering the admissibility of evidence the exclusionary rules aside from rules of privilege should not be applicable and the judge should receive the evidence and give it such weight as his judgment and experience counsel D. holding that the other source of law might be a moneymandating constitutional provision statute or regulation that has been violated or an express or implied contract with the united states E. holding that jurisdiction of the subject matter in either a civil or criminal action may be raised at any stage of the proceedings even after a plea of guilty and for the first time in the appellate court

assistant: The best answer is A. holding that the court lacked subject matter jurisdiction over the plaintiffs allegations that a cba violated applicable laws rules or regulations and noting that those allegations could be raised in other appropriate proceedings such as grievance arbitration and unfair labor practice proceedings and if the agreement provisions were found to be violative of the statute or any other applicable law rule or regulation they would be void and unenforceable
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: cost of diagnostic testing, even if periodic or ongoing, likely is a compensable injury under Illinois law. Whether the Plaintiffs’ allegations will be borne out by the evidence remains to be seen after the close of discovery on the merits. In the context of a motion for judgment on the pleadings, the question is not whether the Plaintiffs have presented sufficient “evidence to the effect that ‘medical monitoring is, to a reasonable degree of medical certainty, necessary in order to diagnose properly the warning signs of disease.’ ” Jensen, 308 Ill.Dec. 888, 862 N.E.2d at 1100. Rather, the question is whether there are any material issues of fact and whether the movant is entitled to judgment as a matter of law. See Sikirica v. Nationwide Ins. Co., 416 F.3d 214, 219-20 (3d Cir.2005) (<HOLDING>). At this stage of the proceedings, however, Options: A. holding that a probable cause determination is appropriate for summary judgment where there are no genuine issues of material fact and no credibility issues B. holding that when there are no genuine issues of material fact summary judgment is appropriate C. holding that claimant moving for summary judgment on its claim must conclusively prove all the essential elements of the claim and that claimant has the burden to show that there are no genuine issues of material fact and that claimant is entitled to judgment as a matter of law D. holding that motion to dismiss should not be granted unless the moving party has established that there is no material issue of fact to resolve and that it is entitled to judgment in its favor as a matter of law E. holding that judgment on the pleadings will not be granted unless the movant clearly establishes that there are no material issues of fact and that he or she is entitled to judgment as a matter of law

assistant: The best answer is E. holding that judgment on the pleadings will not be granted unless the movant clearly establishes that there are no material issues of fact and that he or she is entitled to judgment as a matter of law
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 notice, request, consent or approval required or permitted to be given under this Separation Agreement or pursuant to law shall be sufficient if in writing, and if and when sent by certified or registered mail, with postage prepaid, to Executive’s residence, 6521 Vanderbilt Street, Houston, Texas 77005 (with a copy to Executive’s counsel, which shall not constitute notice, Olshan Frome Wolosky LLP, 1325 Avenue of the Americas, New York, New York 10019, Attention: Steve Wolosky, swolosky@olshanlaw.com), or to the Company’s principal office to the attention of the Company’s Chief Legal Officer, as the case may be.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Marcelino Ceja-Romero, an alien convicted by guil crime. State v. Albutt, 99 Wash. 253, 259, 169 P. 584 (1917). The Washington statute facially allows for a conviction where an actor with general criminal intent unintentionally touches another with an object that may be deadly under the circumstances — even if the force used is not necessarily violent in nature, as required by federal sentencing law. See Ye v. INS, 214 F.3d 1128, 1133-34 (9th Cir.2000). Accordingly, the government has failed to meet its burden to show that the statute of Ceja-Romero’s prior conviction is facially a crime of violence. The record does not include enough information to conduct a modified categorical analysis. See United States v. Pimentel-Flores, 339 F.3d 959, 968 (9th Cir.2003) (<HOLDING>). The government contends that Ceja-Romero’s Options: A. holding that court may satisfy factual basis requirement by examining presentence report B. holding that express adoption of factual findings in presentence report is sufficient C. holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error D. holding that the district court committed plain error in relying solely on the factual description in the presentence report E. holding defendant waived alleged factual inaccuracies in presentence report by failing to raise them in district court

assistant: The best answer is D. holding that the district court committed plain error in relying solely on the factual description in the presentence report
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No waiver of any right under this Agreement shall be deemed effective unless contained in writing and signed by the Party charged with such waiver, and no waiver of any right shall be deemed to be a waiver of any future right or any other right arising under this Agreement.

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: If Borrower is an entity: (i) Borrower will maintain its existence in good standing under the law of the State or Country of its organization; (ii) will maintain its qualification as a foreign entity in each jurisdiction in which the nature of its business requires such qualification; and (iii) will not merge with any other entity without the consent of Lender except for acquisitions or mergers which result in Borrower retaining 51% or more of the equity interest of the resulting entity and control of the management of such entity. For the avoidance of any doubt, the merger of Greenhill Cogent Holdings L.P. and/or Greenhill Cogent L.P. with or into Borrower or its solely owned affiliate is permitted.

assistant: Existence
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) Unless previously terminated, (i) the 2020 Dollar Tranche Commitments and the 2020 Multicurrency Tranche Commitments shall terminate on the 2020 Maturity Date, (ii) the 2023 Dollar Tranche Commitments and the 2023 Multicurrency Tranche Commitments shall terminate on the 2023 Maturity Date, and (iii) the Initial Term Commitments shall terminate immediately after making the Initial Term Loans on the Microsemi Acquisition Closing Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All action on the part of the Corporation for the authorization, execution, delivery and performance by the Corporation of this Agreement has been taken, and this Agreement constitutes a valid and binding obligation of the Corporation, enforceable in accordance with its terms, except as may be limited by applicable bankruptcy, insolvency, reorganization, or similar laws relating to or affecting the enforcement of creditors' rights.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of New York applicable to agreements made between residents thereof and to be performed entirely in New York. Any dispute arising out of or relating to the Executive’s employment with the Company, any termination of employment or this Agreement, including without limitation any dispute relating to any law regulating the employment relationship or the Agreement’s formation, validity, performance, breach or termination, shall be finally resolved by arbitration in accordance with the International Institute for Conflict Prevention & Resolution Rules for Non-Administered Arbitration (the “CPR Rules”) by a sole arbitrator appointed in accordance with the CPR Rules. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1 et seq., and judgment upon the arbitrator’s award may be entered by any court having jurisdiction thereof. The place of arbitration shall be New York County, New York and shall occur in the English language. Either party may apply to any appropriate court for interim or injunctive relief in aid of arbitration or to obtain complete relief following an award.

assistant: Arbitration
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 and the schedules and exhibits hereto constitute the entire agreement and supersede all prior agreements and undertakings, both written and oral, among the Parties with respect to the subject matter hereof and, except as otherwise expressly provided herein, are not intended to confer upon any other Person any rights or remedies hereunder.

assistant: Entire Agreements