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: Each of the parties hereto acknowledges and agrees that, in the event of any breach of any covenant or agreement contained in this Agreement by the other party, money damages may be inadequate with respect to any such breach and the non-breaching party may have no adequate remedy at law. It is accordingly agreed that each of the parties hereto shall be entitled, in addition to any other remedy to which they may be entitled at law or in equity, to injunctive relief and/or to compel specific performance to prevent breaches by the other party hereto of any covenant or agreement of such other party contained in this Agreement.

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: Representatives: any employees, officers, directors, professional advisors or consultants in relation to each Party and any of its Affiliates, who are actively and directly engaged in the Purpose; 4.1. Notwithstanding clause 3.1 of this Agreement, the Receiving Party may disclose the Confidential Information: a) to its and its Affiliate’s Representatives, provided always that the Receiving Party procures that such Representatives shall comply with the confidentiality obligations as set out in clause 3 of this Agreement, and the Receiving Party agrees to be liable for the actions or omissions of such Representatives in relation to the Confidential Information as if they were the actions or omissions of the Receiving Party; and

assistant: Yes
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 Release Agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter herein and supersedes all prior agreements, arrangements and understandings, written or oral, between the parties; provided, however, that Section 2 of the Severance Agreement, and the terms of the Non-Compete Agreement incorporated therein, shall remain in full force and effect. The Employee agrees and acknowledges that the covenants and restrictions set forth in Section 2 of the Severance Agreement and the Non-Compete Agreement are reasonable and necessary for the protection of the Company and to protect its business and Confidential Information, and the Employee further expressly agrees that: (i) Section 2 of the Severance Agreement and the terms of the Non-Compete Agreement are material terms of this Release Agreement and (ii) notwithstanding the express provisions of the Non-Compete Agreement, the Employee agrees, and the parties hereby amend the Non-Compete Agreement to so provide, that the period during which the Employee is bound by the covenants set forth in Sections 2, 3, 4 and 5 of the Non-Compete Agreement shall remain in effect after the twelve (12)-month periods described therein for so long as the Employee is eligible to receive, and continues to receive, salary continuation payments pursuant to Section 1.3 and/or 1.4 of the Severance Agreement. The Employee acknowledges and agrees that he is not relying on any representations or promises by any representative of the Company concerning the meaning of any aspect of this Release Agreement. This Release Agreement may not be altered or modified other than in a writing signed by the Employee and an authorized representative of the Company.

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: to the lawful arrest would have minimal deterrent effect on illegal police behavior. Conclusion In this case, where a stop was undertaken on less than reasonable suspicion, but with the purpose of executing a lawful outstanding arrest warrant, the trial court properly denied Quinn’s motion to suppress because the intervening lawful arrest was sufficient to remove the taint of any police illegality. We affirm. Affirmed. SHARPNACK, J., concurs. RILEY, J., concurs in result with opinion. 1 . We note that neither case is binding on our decision today. See Palmer v. State, 744 N.E.2d 525, 530 (Ind.Ct.App.2001) (declining to follow another panel of this court’s decision in a factually similar case); rev'd on other grounds; McBride v. State, 440 N.E.2d 1135, 1137 n. 4 (Ind.Ct.App.1982) (<HOLDING>). RILEY, Judge, concurs in result. I concur in Options: A. recognizing federal authority on standing to be persuasive B. recognizing that unpublished decisions issued after january 1 1996 are not controlling precedent but may be considered persuasive authority C. holding the florida appellate courts are not bound by federal precedent which is persuasive not binding authority D. holding that a condition was precedent to performance because the contract language did not explicitly state that it was precedent to formation E. recognizing that although federal precedent was not binding it was persuasive authority

assistant: The best answer is E. recognizing that although federal precedent was not binding it was persuasive authority
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: because it was made by physicians and nursing home administrators who are private parties. The Supreme Court explained its rationale: “Those decisions ultimately turn on medical judgments made by private parties according to professional standards that are not established by the State.” Id. at 1008, 102 S.Ct. 2777. The Court distinguished situations where the state “affirmatively command[ed]” the discharge or transfer of Medicaid patients, id. at 1005, 102 S.Ct. 2777, or where medical judgments were made by utilization review committees mandated by federal regulation. See id. at 1008, 102 S.Ct. 2777. A key inquiry under Blum and its progeny is which entity made the decision being challenged. See id. at 1005, 102 S.Ct. 2777; see also Kraemer v. Heckler, 737 F.2d 214, 220 (2d Cir.1984) (<HOLDING>); Catanzano v. Dowling, 60 F.3d 113, 117 (2d Options: A. holding that evidence contrary to an administrators decision does not make the decision arbitrary and capricious so long as a reasonable basis appears for the decision B. holding 2254d authorizes federal court to review state courts decision only and not explanation of decision C. holding that state courts failure to discuss or even to be aware of federal precedent does not in itself render the decision contrary to federal law D. holding that a party losing in state court may not seek what would amount to appellate review of that decision in federal court based on the claim that the decision violates the losers federal rights E. holding that the decision of a utilization review committee may well constitute state action where the decisionmaking process itself appears to be governed largely by federal guidelines

assistant: The best answer is E. holding that the decision of a utilization review committee may well constitute state action where the decisionmaking process itself appears to be governed largely by federal guidelines
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower may not assign this Note without the prior written consent of Lender. This Note may be offered, sold, assigned, pledged, encumbered or transferred by Lender without the consent of Borrower.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: On the date specified in Section 3.6 of this Agreement, the Servicer will deposit into the Collection Account the aggregate Repurchase Price with respect to Repurchased Receivables purchased by the Servicer pursuant to Section 3.6 on such date and the Servicer will deposit into the Collection Account all amounts, if any, to be paid under Section 7.1 in connection with the Optional Purchase. All such deposits with respect to any such date which is a Payment Date will be made, in immediately available funds by the close of business on the Business Day prior to such Payment Date related to such Collection Period.

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 case excerpt and choose the best holding from the options. Case excerpt: interest in prompt consideration of allegedly unlawful agency action against the agency’s interest in crystallizing its policy before that policy is subjected to judicial review and the court’s interests in avoiding unnecessary adjudication and in deciding issues in a concrete setting. Eagle-Picher Indus. v. EPA, 759 F.2d 905, 915 (D.C.Cir.1985) (footnotes omitted). Compare Regional Rail Reorganization Act Cases, 419 U.S. 102, 138, 95 S.Ct. 335, 355, 42 L.Ed.2d 320 (1974) (“issues of ripeness involve ... the existence of a live ‘Case or Controversy’ ”) and Ticor Title Ins. Co. v. FTC, 814 F.2d 731, 745 n. 1 (D.C.Cir.1987) (separate opinion of Williams, J.) (ripeness doctrine is jurisdictional “in extreme cases”) with American Trucking Ass’ns v. ICC, 747 F.2d 787, 789-91 (D.C.Cir.1984) (<HOLDING>). Perhaps this line has not been carefully Options: A. holding that a contract whereby a foreign state grants a private party a license to exploit the states natural resources is not a commercial activity under the fsia since natural resources to the extent they are affected with the public interest are goods in which only the sovereign may deal B. holding that when regulations are intended to have different purposes and are not dependent on each other they are not intertwined C. holding a case unripe because whether or not constitutional limits are exceeded our own ability to decide intelligently and our own confidence that we are expending our resources in resolving a dispute that has substance are proximately affected D. holding that arguments that are not raised or that are not accompanied by factual and legal support are deemed waived E. holding issues of fact in dispute are solely for the jury

assistant: The best answer is C. holding a case unripe because whether or not constitutional limits are exceeded our own ability to decide intelligently and our own confidence that we are expending our resources in resolving a dispute that has substance are proximately affected
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in this Agreement, each of the Weatherford Entities, the Schlumberger Entities and the JV Companies shall bear their own expenses incurred in connection with the negotiation and execution of this Agreement and each other agreement, document and instrument contemplated by this Agreement and the consummation of the transactions contemplated hereby and thereby.

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: The representations and warranties, covenants, indemnities and contribution and expense reimbursement provisions and other agreements of the parties hereto set forth in or made pursuant to this Agreement shall remain operative and in full force and effect, and will survive, regardless of (i) any investigation, or statement as to the results thereof, made by or on behalf of such party, (ii) the acceptance of the Securities, and payment for them hereunder, and (iii) any termination of this Agreement.

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: to him because his relationship with the plaintiff was a tenancy at sufferance. Id. at 574. We disagreed, holding that when the tenancy at sufferance follows “the termination of a conventional leasehold relationship,” RSA chapter 540-A applies. Id. at 575, 576. We explained that when the legislature enacted RSA chapter 540-A, it intended to “remove[ ] the landlord’s common law right to self-help in evicting a residential tenant whose tenancy at sufferance was preceded by a different leasehold tenancy.” Id. at 575. We observed that RSA 540-A:2 generally prohibits a residential landlord from attempting to “circumvent lawful procedures for eviction pursuant to RSA 540,” and that RSA chapter 540 applies to tenancies at sufferance. Id.; see AIMCO Props. v. Dziewisz, 152 N.H. 587, 589 (2005) (<HOLDING>). “Therefore, when RSA 540-A:2 . . . forbids a Options: A. holding that current version of rsa chapter 540 applies to tenancies at sufferance B. recognizing that belanger applies to debtors who are current on a loan C. holding that a landlords acceptance of rent turned a trespasser to a tenant at sufferance D. holding that alabamas version of the uccja applies to temporary custody orders E. holding that a statute of limitations defense raised for the first time during trial was waived construing a previous version of federal rule of criminal procedure 12 that was not substantively different from the current version

assistant: The best answer is A. holding that current version of rsa chapter 540 applies to tenancies at sufferance
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 corporate action on the part of CLSH, its officers, directors and stockholders necessary for the authorization, execution and delivery of this Agreement and the Exchange and the performance of all obligations of CLSH hereunder and thereunder, and the authorization of all the transactions contemplated by this Agreement, including, without limitation, the issuance of the Shares, have been taken on or prior to the date hereof.

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 case excerpt and choose the best holding from the options. Case excerpt: over § 1681a(d)’s more restrictive language. In other words, information that is collected and used for business transactions does not fall within the definition of a consumer report. But the mere fact that information is collected for a consumer purpose does not prevent that information from subsequently being furnished to a person who has a legitimate business need for the information. Ippolito, 864 F.2d at 451. The Sixth Circuit also observed that “[o]ur sister circuits have rebuffed efforts, based on expansive interpretations of § 1681b, to extend the Act beyond its original purpose of consumer protection.” Cheatham v. McCormick, 100 F.3d 956 (6th Cir.1996) (citing Mone, 945 F.2d at 308; Ippolito, 864 F.2d at 452; Matthews v. Worthen Bank & Trust Co., 741 F.2d 217 (8th Cir.1984) (<HOLDING>) (emphasis in original)). And, while the Options: A. holding the real estate sale proceeds B. holding that a tax appeal on real property is a lien on the real estate and not a personal obligation of the landowner C. holding witness not licensed as real estate appraiser could not testify as expert on real estate valuation where statute made it unlawful to engage in real estate appraisal without license D. holding that a credit report on a prospective lessee of commercial real estate was not subject to the act E. holding that a real estate brokers allegations of an oral contract with prospective purchasers stated a cause of action

assistant: The best answer is D. holding that a credit report on a prospective lessee of commercial real estate was not subject to the act
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Am. Bus. Fin. Servs., 2002 WL 433735, at *5-*6 (citing Kubik v. Letteri, 532 Pa. 10, 14, 614 A.2d 1110 (1992)). Once a defendant raises a personal jurisdiction defense, the burden of establishing the court’s jurisdiction rests with plaintiff. See Cinalli, 191 F.Supp.2d at 610. “Prior to trial, however, [ ] plaintiff[s] need only make a prima facie showing of jurisdiction.” Id. (citing Mellon Bank v. Farino, 960 F.2d 1217, 1223 (3d Cir.1992)). A plaintiff is generally entitled to a “fair opportunity” to conduct jurisdictional discovery. Fed. Ins. Co. v. Richard I. Rubin & Co., 12 F.3d 1270, 1283-85 & n. 11 (3d Cir.1993) (granting discovery on the issue of sovereign immunity) (quotation omitted). See also Rose v. Cont’l AG, No. 99 Civ. 3794, 2001 WL 236738, at *4 (E.D.Pa. Mar.2, 2001) (<HOLDING>). Such discovery must, however, be “limited to Options: A. holding that where petitioner testified that some of her cousins had been killed because they served in the military and that she had received two threatening notes she had demonstrated past persecution B. holding a 100 fine not dismissal with prejudice was the appropriate sanction for the eight plaintiffs failure to answer interrogatories even despite warnings from the trial court and prior sanctions because the requesting party had not been prejudiced by not receiving formal responses to the interrogatories C. holding that plaintiffs who had been served and received responses to interrogatories on personal jurisdiction had had such a fair opportunity D. holding that dismissal of some but not all of the defendants who had been served with complaint is not a final order E. holding that limitation of liability clause in construction contract that is not unconscionable or in violation of public policy is valid so long as parties had a fair opportunity to accept reject or modify limitation and affirming summary judgment on basis that plaintiff had presented no evidence that it had had no such opportunity

assistant: The best answer is C. holding that plaintiffs who had been served and received responses to interrogatories on personal jurisdiction had had such a fair opportunity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: his guilty-plea conviction for conspiracy to commit hostage taking, in violation of 18 U.S.C. §§ 371 and 1203, and conspiracy to harbor illegal aliens, in violation of 8 U.S.C. § 1324(a)(1)(A)(iii) and (a)(l)(A)(v)(I)(II). We previously held that Avilez-Zamora’s plea agreement waived his right to appeal all aspects of his sentence, except for the court’s application of grouping under the United States Sentencing Guidelines. See United States v. Avilez-Zamora, 168 Fed.Appx. 803 (9th Cir.2006) (unpublished decision). Avilez-Zamora does not raise any challenge to grouping in his briefs. Accordingly, the law of this case dictates that the appeal waiver in Avilez-Zamora’s plea agreement precludes this current appeal. See id.-, see also Snow-Erlin v. United States, 470 F.3d 804, 807 (2006) (<HOLDING>). DISMISSED. ** This disposition is not Options: A. holding an appellate court need not address remaining issues on appeal when its determination of a prior issue is dispositive B. holding that the appellate court does not reconsider matters resolved on a prior appeal C. recognizing the general rule that an appellate court will not address matters that were not raised or decided in the trial court D. recognizing appellate court may not reverse a summary judgment on a basis not raised by the appellant on appeal E. recognizing rule that appellate court may not consider matters outside the record is so elemental that there is no excuse for any attorney to attempt to bring such matters before the court

assistant: The best answer is B. holding that the appellate court does not reconsider matters resolved on a prior appeal
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, together with all Schedules, Exhibits and Statements of Work and any other documents incorporated herein by reference, constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of this Agreement, the Schedules, Exhibits, Statements of Work and any other document, the following order of precedence governs: (a) first, this Agreement, excluding its Exhibits, Schedules and Statements of Work; (b) second, the Exhibits and Schedules to this Agreement as of the Effective Date; (c) third, any Statement of Work executed after the Effective Date; and (d) fourth, any other documents incorporated herein by reference.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: On and after the Closing Date, except for Liens permitted pursuant to Section 5.9 hereof, (a) there are no U.C.C. Financing Statement or similar notice of Lien outstanding covering any personal property of any Company; (b) there are no mortgages outstanding covering any real property of any Company; and (c) no real or personal property of any Company is subject to any Lien of any kind. The Administrative Agent, for the benefit of the Lenders, upon the filing of the U.C.C. Financing Statements and taking such other actions necessary to perfect its Lien against collateral of the corresponding type as authorized hereunder will have a valid and enforceable first Lien on the collateral securing the Secured Obligations to the extent such Lien may be perfected by the filing of a U.C.C. Financing Statement . No Company has entered into any currently effective contract or agreement (other than a contract or agreement entered into in connection with the purchase or lease of fixed assets that prohibits Liens on such fixed assets) that would prohibit the Administrative Agent or the Lenders from acquiring a Lien on, or a collateral assignment of, any of the property or assets of any Company.

assistant: Liens
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 waiver provision largely referred to “sentence” in the context of the term of imprisonment. See id. (discussing “probable sentencing range” and “sentence within the maximum provided in the statutes of conviction”). As such, we find the plea agreement’s waiver provision is ambiguous as to whether “sentence” includes the amount of restitution, or refers only to term of imprisonment. For example, on the one hand, restitution is part of “sentence” in the colloquial sense in that it is a determination for the district court after guilt has been adjudged. On the other hand, resti tution is not simply “imposed in accordance with the Sentencing Guidelines and Policy Statements” as the plea agreement specifies. J.A. 30 1Í 4; cf. United States v. Ready, 82 F.3d 551, 559-60 (2d Cir.1996) (<HOLDING>). Rather, Appellant’s challenge is levied Options: A. holding that a similar omitted warning together with ambiguity as to the plea agreements recommended sentence constituted reversible error B. holding that a waiver of right to appeal contained in a plea agreement is enforceable C. holding that waiver of right to appeal sentence unless its was an upward departure barred appeal of sentence within guidelines range D. holding that term any sentence within plea agreements waiver of right to appeal provision did not include restitution because of ambiguity E. holding that a plea agreement with a waiver of direct appeal rights does not include a waiver of collateral remedies because the government could have included a waiver of collateral rights in the plea agreement and chose not to do so

assistant: The best answer is D. holding that term any sentence within plea agreements waiver of right to appeal provision did not include restitution because of ambiguity
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: Mansell, 490 U.S. at 588, 109 S.Ct. 2023. While it is true that state law usually governs family law matters, the United States Supreme Court has recognized that federal law may preempt state law in family law cases. See Mansell, 490 U.S. at 587, 109 S.Ct. 2023. To preempt state family law, Congress must show its intent by “direct enactment.” See Mansell, 490 U.S. at 587, 109 S.Ct. 2023. The United States Supreme Court held that section 1408 preempted state law and noted that the law is both precise and limited. See Mansell, 490 U.S. at 588, 109 S.Ct. 2023. Thus, the Act grants state courts only limited authority to allocate military retirement benefits. See Mansell, 490 U.S. at 588, 109 S.Ct. 2023; see also Hisquierdo v. Hisquierdo, 439 U.S. 572, 581, 99 S.Ct. 802, 59 L.Ed.2d 1 (1979) (<HOLDING>). Because the Act preempts state law and Options: A. holding that congress may not direct a state to enact or enforce a particular law or type of law B. holding that fehba does not completely preempt state law C. holding flsa did not preempt state law fraud claim D. holding that in allocating a federal entitlement congress may preempt state family law by direct enactment E. holding that where a conflict between state and federal law is alleged it must be reasonable to conclude that congress would have intended to preclude the state law in question since it would make little sense to preempt state law in order to serve the purposes underlying federal legislation if congress itself would not require or admit of preemption of state authority

assistant: The best answer is D. holding that in allocating a federal entitlement congress may preempt state family law by direct enactment
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 indemnity and contribution agreements contained in Section 11 of this Agreement and all representations and warranties of the Company herein or in certificates delivered pursuant hereto shall survive, as of their respective dates, regardless of (i) any investigation made by or on behalf of the Agent, any controlling persons, or the Company (or any of their respective officers, directors, employees or controlling persons), (ii) delivery and acceptance of the Placement Shares and payment therefor or (iii) any termination of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller and Purchaser shall use commercially reasonable efforts to cooperate with each other (at no cost or expense to the Party whose cooperation is requested, other than any de minimis cost or expense or any cost or expense which the requesting Party agrees in writing to reimburse) to provide written notice to any Person under any Facility Contracts, the Ground Lease, Tenant Leases, or Licenses and Permits and to effect any required registrations or filings with any Governmental Authority or other Person, regarding the change in ownership of the Assets.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: by submitting suggestions or other feedback regarding our services to linkedin , you agree that linkedin can use and share ( but does not have to ) such feedback for any purpose without compensation to you .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: F.2d 1138, 1143-44 (5th Cir.1990). In bankruptcy cases, the confirmation order is the first judgment. Eubanks v. Fed. Deposit Ins. Corp., 977 F.2d 166, 170 (5th Cir.1992). Res judicata does not apply here. The defendants have not pointed to a prior final judgment on the merits of the Avoidance Actions. “A judgment that expressly leaves open the opportunity to bring a second action on specified parts of the claim or cause of action that was advanced in the first action should be effective to forestall preclusion.” Vines v. Univ. of La. at Monroe, 398 F.3d 700, 712 (5th Cir.2005). “Res judicata does not apply where a claim is expressly reserved by the litigant in the earlier bankruptcy proceeding.” Browning, 283 F.3d at 774; Ries v. Paige (In re Paige), 610 F.3d 865, 875 (5th Cir.2010) (<HOLDING>). The confirmation order here provided that TWD Options: A. holding that the plaintiffs claims were barred by res judicata when the federal courts judgment was finalized by denial of his petition for certiorari B. holding that a trustees claim was barred by res judicata and stating that the trustee could have asked the bankruptcy court to reserve his fraud claims for later adjudication which would have avoided his claims being barred C. holding that state courts have concurrent jurisdiction over rico claims and that plaintiffs federal rico claim was barred by res judicata since he failed to bring his rico claim along with his state fraud claims in prior state court action D. holding that collateral attacks on bankruptcy courts jurisdiction are barred by res judicata E. holding that lender liability claims are noncore and thus not barred by res judicata effect of bankruptcy proceedings

assistant: The best answer is B. holding that a trustees claim was barred by res judicata and stating that the trustee could have asked the bankruptcy court to reserve his fraud claims for later adjudication which would have avoided his claims being barred
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 solely by the laws of the state of Ohio, without regard to any choice-of-law provisions, the Uniform Commercial Code or the International Convention on the Sale of Goods. In any litigation or arbitration arising under or relating to the terms and conditions of this Agreement, the prevailing Party or Parties shall be entitled to recover all documented costs and expenses of the suit, action or proceeding, including reasonable attorneys’ fees and court and/or arbitration costs.

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: Landlord and Tenant each hereby waive the provisions of California Code of Civil Procedure Section 1265.130 and any other applicable existing or future Law allowing either party to petition for a termination of this Lease upon a partial taking of the Premises and/or the Property.

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: The Maker irrevocably and unconditionally waives, to the fullest extent permitted by applicable law, any objection that it may now or hereafter have to the laying of venue of any action or proceeding arising out of or relating to this Note in any court referred to in Section 8.4 and the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The grant of the RSUs shall be subject to compliance by the Company and the Grantee with all applicable requirements of federal and state securities laws and with all applicable requirements of any stock exchange on which the Company's shares of Common Stock may be listed.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: falls within the state of mind hearsay exception under Rule 803(3), the trial court could sustainably have found that the defendant failed to establish an objective basis for concluding that the question would not elicit inadmissible hearsay about what McIntyre may have told Longval. Id. In any event, even if we assume that the defendant was entitled to inquire whether Longval remembered hearing Rivera tell McIntyre that he planned to rob the defendant, we cannot conclude that the trial court’s ruling prejudiced the defendant. Based on Longval’s testimony and defense counsel’s offer of proof, we have no basis for concluding that Longval heard Rivera’s statement and thus no foundation for determining what her testimony would have been. See McMullin v. Downing, 135 N.H. 675, 679 (1992) (<HOLDING>); Saulnier, 132 N.H. at 415 (“Absent an offer Options: A. holding the district courts noconsent finding was not clearly erroneous because the individual felt she was under arrest and had to submit to the patdown search in part based on the officers saying this is what we do we talk to people we search peoples bags we pat search people this is what we do everyday B. holding that we could not weigh the prejudice suffered as a result of the exclusion of plaintiffs testimony because we had no way of knowing what the plaintiffs testimony would have been C. holding a proffer of testimony is required to preserve the issue of whether testimony was properly excluded by the trial judge and an appellate court will not consider error alleged in the exclusion of testimony unless the record on appeal shows fairly what the excluded testimony would have been D. holding that we will not reverse in the absence of prejudice E. holding that defense counsels failure to object to testimony did not warrant a new trial because there was no prejudice from admission of the testimony

assistant: The best answer is B. holding that we could not weigh the prejudice suffered as a result of the exclusion of plaintiffs testimony because we had no way of knowing what the plaintiffs testimony would have been
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: 14 F.3d at 1500. We conclude that it does not. Courts have recognized that the act of reopening a closed bankruptcy case does not afford the parties any substantive relief. Woods, 173 F.3d at 777 (quoting DeVore v. Marshack (In re DeVore), 223 B.R. 193, 198 (9th Cir. BAP 1998), for the proposition that “[t]he reopening of a case is ‘merely a ministerial or mechanical act [that] ... has no independent legal significance and determines nothing with respect to the merits of the case.’ ”); see Cusano v. Klein, 264 F.3d 936, 948 (9th Cir.2001) (noting that order reopening closed case “ ‘lacks independent legal significance and determines nothing with respect to the merits of the case’ ”) (quoting Menk v. LaPaglia (In re Menk), 241 B.R. 896, 913 (9th Cir. BAP 1999)); Paine, 250 B.R. at 107 (<HOLDING>). Indeed, “ ‘[t]he effect of [11 U.S.C. § Options: A. holding that department does not have independent authority to impose device in absence of court order B. recognizing that an order reopening a closed case was simply a mechanical device that did not afford or deny the debtors any affirmative relief C. holding that court lacked jurisdiction on appeal from injunction because the order was simply an interpretation of an earlier order D. recognizing laches as an affirmative defense E. recognizing that a defendant may not insist on representation by an attorney he cannot afford

assistant: The best answer is B. recognizing that an order reopening a closed case was simply a mechanical device that did not afford or deny the debtors any affirmative relief
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: is made.” Id. at 5. Unlike the cases cited above, the cessation of the “collection process” here was not conditioned on the full payment of the debt, see Kramsky, 00-CIV-2936 at 5, and there was no demand for immediate payment that contradicted the validation notice. Savino, 164 F.3d at 84. The letter that Nichter sent to plaintiff contained the required validation notice, and it was not overshadowed by the other language in the notice. The validation notice was printed directly beneath the request for payment in full, in the same font size, and on the same page. Cf. Sokolski, 53 F.Supp.2d at 311 (noting that the validation notice was at the bottom of the page, in single spaced, significantly smaller typeface); Unger v. Nat’l Revenue Group Ltd., No. Civ. A. 99-3087, 2000 WL 1897346, *3 (<HOLDING>). The contested statement also did not indicate Options: A. holding that the validation notice is overshadowed where a debt collector serves a consumer with process initiating a lawsuit during the validation period without clarifying that commencement of the lawsuit has no effect on the information conveyed in the validation notice B. holding that the full payment rule literally requires full not partial payment and rejecting the argument that a partpayment remedy is necessary when a taxpayer is too poor to pay the full amount of the tax C. holding that the validation notice was overshadowed by language that payment in full is due now that was in larger print D. holding that the full payment rule is applicable to refund suits in the court of federal claims E. holding the government was within its rights to garnish wages where there was a minimum monthly payment schedule and restitution was due in full immediately

assistant: The best answer is C. holding that the validation notice was overshadowed by language that payment in full is due now that was in larger print
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: determinations.” (citing Lytle v. Household Mfg., Inc., 494 U.S. 545, 554-55, 110 S.Ct. 1331, 108 L.Ed.2d 504 (1990))). 26 . Lytle v. Bexar Cnty., 560 F.3d 404, 413 (5th Cir.2009). 27 . Tennessee v. Garner, 471 U.S. 1, 11, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985) (providing this standard when an offic'er faces a fleeing suspect); see also Ramirez v. Knoulton, 542 F.3d 124, 129 (5th Cir.2008) (applying the same standard to a non-fleeing suspect). 28 . See Plumhoff v. Rickard, — U.S.-, 134 S.Ct. 2012, 2022; 188 L.Ed.2d 1056 (2014) (suggesting, in dicta, that a Fourth Amendment violation might occur if the defendant officers "had initiated a second round of shots after an initial round had clearly incapacitated” the decedent); see also Bush v. Strain, 513 F.3d 492, 502 (5th Cir.2008) (<HOLDING>). Cir.2002) (en banc) (“[I]n the absence of Options: A. holding that instruction on justifiable use of nondeadly force was of the essence of appellants defense and clearly should have been given B. holding that an officer may use deadly force when a fleeing suspect threatens the officer with a weapon C. holding that repeatedly striking a subdued individual would constitute an objectively unreasonable use of force under the fourth amendment D. holding that an officer cannot use further nondeadly force against a restrained and subdued suspect E. holding that where use of reasonable nondeadly force causes death defendant entitled to instruction on selfdefense

assistant: The best answer is D. holding that an officer cannot use further nondeadly force against a restrained and subdued suspect
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: Baird v. S. Ry. Co., 179 Tenn. 366, 166 S.W.2d 617, 619 (1942) (where the deed conveyed a fee); Buhl, 840 S.W.2d at 907 (where the deed limited the purpose of the easement); Noble, 1988 WL 60482, at *1 (where the deed conveyed “a right-of-way on which to construct and operate [the railroad’s] said railroad”); Smoky Mountain R.R. Co. v. Paine Oil Co., 496 S.W.2d 904, 907 (Tenn.Ct.App.1973) (where the deed expressly conveyed a right-of-way for railroad purposes); Bell, 39 S.W.2d at 1029 (where the deed conveyed a fee). The language of the granting deed must be the primary guide for the court in construing the scope of the easement. See Henry, 1927 WL 2123, at *2; River City Resort v. Norfolk S. Ry. Co., No. E1999-02567-COA-R3-CV, 2001 WL 8539, at *2 (Tenn.Ct.App. May 21, 2001) (<HOLDING>); Regen v. E. Fork Farms, LP, No. Options: A. holding that limitation of liability clause was unambiguous B. holding that duration of limitation is a factor in determining whether limitation is significant C. recognizing that a principal may limit the authority of its agent and such limitation will be binding on a third party who is aware of the limitation D. holding that an appellate court must give a statute its clear and plain meaning when the statute is unambiguous E. holding that if easement language is clear and unambiguous and does not limit its duration then the court cannot impose such a limitation

assistant: The best answer is E. holding that if easement language is clear and unambiguous and does not limit its duration then the court cannot impose such a limitation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise expressly provided herein, the provisions of this Agreement may be amended or waived at any time only by the written agreement of the Company and Stockholder. Any waiver, permit, consent or approval of any kind or character on the part of any such holder of any provisions or conditions of this Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing.

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 legal provision and list the applicable contract clause categories. Provision: In the event any one or more of the provisions contained in this Amendment should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.

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: induced (i.e., the plaintiffs' rights to force ALPA to keep its promises). If the source of the rights ‘is state common law, then preemption obviously applies, as this Court discussed in Dunn and as the Eastern District of Virginia discussed in Nellis. If the source of the plaintiffs' rights is the CBA, the Merger and Fragmentation Policy, and ALPA's Constitution and ByLaws, then preemption still applies, as is discussed in the body of this Order as well as by other courts in such cases as Underwood v. Venango River Corp., 995 F.2d 677 (7th Cir.1993). 9 . Like claims arising from the CBA, claims and allegations predicated upon the Merger and Fragmentation Policy also are subsumed by the federal duty of fair representation. See Nellis v. Air Line Pilots Ass'n, 815 F.Supp. at 1534 (<HOLDING>). 10 . A handful of Mann plaintiffs are not Options: A. holding that state law fraud claims are preempted by the federal labor law duty of fair representation B. holding that in the fact circumstances of that case a valid duty of fair representation claim must be based on a showing that alpa breached the terms of its merger and fragmentation policy C. holding rla duty of fair representation claim preempts identical state law claims of fraud and deceit D. holding intentional conduct without rational basis is arbitrary breach of duty of fair representation E. holding that sixmonth duty of fair representation statute of limitations applicable to claim alleging breach of union contract

assistant: The best answer is B. holding that in the fact circumstances of that case a valid duty of fair representation claim must be based on a showing that alpa breached the terms of its merger and fragmentation policy