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: All of the representations and warranties made by or on behalf of Loan Parties in this Agreement and the other Loan Documents or any document or instrument delivered to the Agent or the Lenders pursuant to or in connection with any of such Loan Documents are true and correct in all material respects. All information contained in this Agreement, the other Loan Documents or otherwise furnished to or made available to the Agent or the Lenders by or on behalf of any Loan Party is and will be true and correct in all material respects and does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein not materially misleading when taken as a whole. The written information, reports and other papers and data with respect to Loan Parties, any Subsidiary or the Eligible Real Estate Assets (other than projections and estimates) furnished to the Agent or the Lenders in connection with this Agreement or the obtaining of the Commitments of the Lenders hereunder was, at the time so furnished, correct in all material respects, or has been subsequently supplemented by other written information, reports or other papers or data, to the extent necessary to give in all material respects a true and accurate knowledge of the subject matter in all material respects; provided that such representation shall not apply to (a) the accuracy of any appraisal, title commitment, survey, or engineering and environmental reports prepared by third parties or legal conclusions or analysis provided by Borrower’s counsel (although Borrower has no reason to believe that the Agent and the Lenders may not rely on the accuracy thereof) or (b) budgets, projections and other forward- looking speculative information prepared in good faith by Loan Parties (except to the extent the related assumptions were when made manifestly unreasonable).

assistant: Disclosures
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 First Priority Agent may demand specific performance of this Agreement. Each Second Priority Agent, on behalf of itself and each Second Priority Lender, hereby irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action that may be brought by the First Priority Agent.

assistant: Specific Performance
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 payment hereunder which is stated to be due on a day which is not a Business Day shall be made on the next succeeding Business Day (and interest shall accrue for such extension of time). All amounts payable hereunder shall be paid in U.S. Dollars no later than 12:00 PM New York City time on the date on which such payment is due by wire transfer of immediately available funds. Except as set forth in Section 2 hereof, all payments made hereunder shall be applied first, to accrued and unpaid interest and second, to the payment of the principal amount outstanding under this Note.

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: All payments with respect to Performance Unit Awards are subject to all applicable federal, state, foreign and local taxes, and tax withholding requirements, and the Company shall have the right to withhold from any payment due under the Plan and any Performance Unit Award an amount equal to the minimum required withholding obligation in respect of any federal, state, foreign and local taxes. Each Participant is solely responsible for the tax consequences to the Participant or any beneficiary with respect to any Performance Unit Award under this Plan and is advised to consult his or her own tax advisor with respect to any Performance Unit Award and the payment thereof under this Plan.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Landlord's payment or reimbursement obligations under Paragraph 4(b) hereof with respect to the Tenant Improvement Allowance, Tenant shall promptly pay all costs and expenses arising out of the performance of Tenant's Work (including the costs of permits) and shall furnish Landlord with evidence of payment on request. Tenant shall provide Landlord with ten (10) days' prior written notice before commencing any Tenant's Work. On completion of Tenant's Work (assuming Landlord has complied with its payment or reimbursement obligations under Paragraph 4(b) hereof), Tenant shall deliver to Landlord a release and unconditional lien waiver executed by each contractor, subcontractor and materialman involved in the performance of Tenant's Work. If any lien is filed against the Property or against Tenant's leasehold interest, Tenant shall obtain, within ten (10) days after the filing, the release or discharge of that lien. If Tenant fails to do so, Landlord shall have the right (but not the obligation) to obtain the release or discharge of the lien and Tenant shall, within fifteen (15) days after written demand by Landlord (accompanied by reasonable documentation of the items claimed), reimburse Landlord for all costs, including (but not limited to) reasonable attorneys' fees, incurred by Landlord in obtaining the release or discharge of such lien, together with interest from the date of demand at the interest rate set forth in Section 3.2 of the Lease.

assistant: Costs
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 365 U.S. 768 81 S.Ct. 911 6 L.Ed.2d 83 Lennis VERRET et al.v.OIL TRANSPORT CO., Inc., et al. No. 388. Supreme Court of the United States April 17, 1961 James J. Morrison, Arthur A. de la Houssaye and Raymond H. Kierr, for petitioners. Eberhard P. Deutsch, for respondents. On Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit. PER CURIAM. 1 It appearing from the joint suggestion of mootness that, subsequent to the judgment of reversal by the Court of Appeals of the judgment of the District Court and the filing and granting of the petition for writ of certiorari, a consent judgment was entered by the District Court and that said judgment has been satisfied, the judgment of the Court of Appeals is vacated and the case is remanded to the Court of Appeals with directions to dismiss the appeal as moot.

assistant: 9
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: Examiner” was included on the form that was approved by the New York State Insurance Department. Inasmuch as the differences between the form of medical questionnaire that was submitted to and approved by the New York State Insurance Department and the form that defendant signed are non-substantive, this Court finds that plaintiffs technical failure to submit for approval to the New York State Insurance Department the medical questionnaire form, entitled “Declarations to Paramedical Examiner” neither operates to void the insurance application form and policy nor relieves defendant of her duty to provide truthful information on her disability income insurance application. See, e.g., McDaniels v. American Bankers Insur. Co., 643 N.Y.S.2d 846, 846-47, 227 A.D.2d 951, 952 (4th Dep’t 1996) (<HOLDING>); National Union Fire Insur. Co. v. Ambassador Options: A. holding insurers technical noncompliance with insurance laws requirement to place question on policy application in tenpoint type did not preclude it from disclaiming coverage based upon insureds alleged misrepresentations nor relieve insured of duty to provide truthful data on her application B. holding that insureds criminal convictions were sufficient to preclude relitigation of the issue of the insureds subjective intent for purposes of evaluating the insurers duty to defend C. recognizing an insurers right to rescind an insurance contract where the insured has made fraudulent or material misrepresentation in insurance application D. holding insureds general assertion that it expected a liability policy to cover such negligent acts as insured was alleged to have committed would not support application of reasonable expectations doctrine E. holding that insurers failure to deny existence of insurance coverage under policy at issue was to admit that coverage existed

assistant: The best answer is A. holding insurers technical noncompliance with insurance laws requirement to place question on policy application in tenpoint type did not preclude it from disclaiming coverage based upon insureds alleged misrepresentations nor relieve insured of duty to provide truthful data on her application
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 all claims arising out of or relating to this Agreement and the transactions contemplated hereby shall be governed by the Laws of the State of Delaware, without regard to the conflicts of law principles that would result in the application of any Law other than the Laws of the State of Delaware.

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 case excerpt and choose the best holding from the options. Case excerpt: good sense”). Ronald J. Allen and Ethan A. Hastert, From Winship to Apprendi to Booker: Constitutional Command or Constitutional Blunder?, 58 Stan. L.Rev. 195, 198 (2005). Professor Klein finds that both the opinion for the "merits majority” and the opinion for the "remedial majority” in Booker “lack cohesion” and that the latter is "inexplicable on its face.” Susan R. Klein, The Return of Federal Judicial Discretion in Criminal Sentencing, 39 Val. U.L.Rev. 693, 714-15 (2005). 10 .For a survey of the divergent opinion among the courts of appeals, see. e.g., United States v. Crosby, 397 F.3d 103, 115 (2d Cir.2005) (refusing to "fashion any per se rules as to the reasonableness of every sentence within an applicable guideline or the unreasonableness of every sentence outsid h Cir.2005) (<HOLDING>); United States v. Winingear, 422 F.3d 1241, Options: A. holding that a sentence within a properly calculated guidelines range is presumptively reasonable B. holding sentence within properly calculated advisory guidelines range is presumptively reasonable C. holding that the defendants sentence was within the guidelines range and therefore presumptively reasonable D. holding that a sentence within the properly calculated guideline range is presumptively reasonable E. holding that sentences within the guideline range are presumptively reasonable

assistant: The best answer is C. holding that the defendants sentence was within the guidelines range and therefore presumptively reasonable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and terminates and supersedes any and all prior agreements, understandings and representations, whether written or oral, by or between the parties hereto or their affiliates which may have related to the subject matter hereof in any way, including, without limitation, and any other existing employment agreement or change of control agreement, which is hereby terminated and cancelled and of no further force or effect as of the Commencement Date, without the payment of any additional consideration by or to either of the parties hereto; provided, however, that the agreements referenced in Section 6, any agreement between the parties addressing the terms and conditions of Executive’s expatriate assignment or relocation, as applicable, and any agreement issued under the terms of any compensation or employee benefit plan described herein or in which the Executive is otherwise a participant shall not be affected by this Section 10(h). Notwithstanding any provision of this Agreement to the contrary, neither the assignment of the Executive to a different Reporting Officer due to a reorganization or an internal restructuring of the Company or its subsidiaries or affiliates nor a change in the Reporting Officer’s title shall constitute a modification or a breach of this Agreement.

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: Notwithstanding any other provision of the Plan or this Agreement, unless there is an exemption from any registration, qualification or other legal requirement applicable to the Shares, the Company shall not be required to deliver any Shares issuable upon settlement of the Units prior to the completion of any registration or qualification of the shares under U.S. federal, state or foreign securities or exchange control law or under rulings or regulations of the U.S. Securities and Exchange Commission (“SEC”) or of any other governmental regulatory body, or prior to obtaining any approval or other clearance from any local, state, federal or foreign governmental agency, which registration, qualification or approval the Company shall, in its absolute discretion, deem necessary or advisable. You understand that the Company is under no obligation to register or qualify the Shares with the SEC or any state or foreign securities commission or to seek approval or clearance from any governmental authority for the issuance or sale of the Shares. Further, you agree that the Company shall have unilateral authority to amend the Agreement without your consent to the extent necessary to comply with securities or other laws applicable to the issuance of the Shares.

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: 442 (2004) (“Ring announced a new procedural rule that does not apply retroactively to cases already final on direct review.”); McCoy v. United States, 266 F.3d 1245, 1258 (11th Cir.2001) (“Therefore, like these other circuits, we hold that the new constitutional rule of criminal procedure announced in Apprendi does not apply retroactively on collateral review.”). Nevertheless, Mr. Howell contends that he should be able to rely on Apprendi and Ring because Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), expanded and clarified Apprendi and the Supreme Court has yet to decide whether Blakely is retroactive. Unfortunately for Mr. Howell, his Blakely argument is now foreclosed by our precedent. See Varela v. United States, 400 F.3d 864, 866-68 (11th Cir.2005) (<HOLDING>). Thus, Mr. Howell is not entitled to relief on Options: A. holding that united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 did nothing to alter the rule that judges cannot depart below a statutorily provided minimum sentence except upon the governments motion on the basis of substantial assistance B. holding that the changes in sentencing law imposed by united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 did not render waiver of appeal involuntary and unknowing C. holding that blakely and united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 are not retroactive on collateral review D. holding that waiver of right to appeal in plea agreement entered into before united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 was not invalidated by change in law effected by that case and that booker error fell within scope of waiver E. holding that waiver of right to appeal sentence in plea agreement accepted before decision in united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 was not invalidated by change in law

assistant: The best answer is C. holding that blakely and united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 are not retroactive on collateral review
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][The] Debtor warrants that: (i) as of the date hereof, no financing statement (other than any that may have been filed on behalf of the Administrative Agent or in connection with Permitted Liens (as defined below) and any financing statement filed as a precautionary filing in connection with an operating lease) covering any of the Collateral is on file in any public office; (ii) [such][the] Debtor is the lawful owner of all Collateral, free of all liens and claims whatsoever, other than the security interest hereunder and liens and claims expressly permitted by the Credit Agreement (“ Permitted Liens ”), with full power and authority to execute this Agreement and perform [such][the] Debtor’s obligations hereunder, and to subject the Collateral to the security interest hereunder; (iii) all information with respect to Collateral and Account Debtors set forth in any schedule, certificate or other writing at any time heretofore or hereafter furnished by [such][the] Debtor to the Administrative Agent or any Lender Party and all other written information heretofore or hereafter furnished by [such][the] Debtor to the Administrative Agent or any Lender Party in connection with the Credit Agreement will be true and correct in all material respects as of the date furnished; (iv) as of the date hereof, [such][the] Debtor’s true legal name as registered in the jurisdiction in which [such][the] Debtor is organized or incorporated, jurisdiction of organization or incorporation, federal employer identification number, organizational identification number, if any, as designated by the state of its organization or incorporation, chief executive office and principal place of business, in each case as of the date hereof, are as set forth on Schedule I hereto (and [such][the] Debtor has not maintained its chief executive office and principal place of business at any other location during the five years preceding the date hereof); (v) each other location where [such][the] Debtor maintains a place of business or has any Goods, in each case as of the date hereof, is set forth on Schedule II hereto; (vi) except as disclosed on Schedule III , during the five years preceding the date hereof [such][the] Debtor has not been known by any legal name different from the one set forth on the signature page of this Agreement nor has [such][the] Debtor been the subject of any merger or other corporate reorganization; (vii) Schedule IV hereto contains a complete listing of all of [such][the] Debtor’s Intellectual Property which has been registered under any registration statute as of the date hereof; and (viii) Schedule V sets forth a description of all Deposit Accounts and Securities Accounts of [such][the] Debtor in excess of $250,000 as of the date hereof.

assistant: Warranties
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 consummation of a Post-Closing Issuance pursuant to this Section 5.1 (the “ Participation Closing ”) shall take place on such date, at such time and at such place as the Company shall specify by notice to each Exercising Stockholder, but in any event, not earlier than ten (10) Business Days prior to the date such notice is provided to each Exercising Stockholder (unless otherwise agreed to by each such Exercising Stockholder). At any Participation Closing, each Exercising Stockholder shall be delivered the certificates or other instruments evidencing the Participation Securities to be issued to such Exercising Stockholder, registered in the name of such Exercising Stockholder or such holder’s designated nominee, with any transfer tax stamps affixed, if applicable (other than any transfer tax stamps required by reason of the Participation Securities being registered in a name other than that of the Exercising Stockholder), against delivery by such Exercising Stockholder of the applicable consideration by wire transfer of immediately available funds to the account or accounts designated by the Company.

assistant: Closings
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) Each borrowing of Loans under the Facility by the Company from the Lenders under the Facility, each payment by the Company on account of any Facility Fee and any reduction of the Commitments of the Lenders under the Facility shall be made pro rata according to the respective Percentages under the Facility (including in connection with a Commitment Reduction), of the relevant Lenders in the Facility except to the extent required or permitted pursuant to Sections 2.9, 2.11, 2.24 and 2.25.

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: Any and all payments by or on account of any obligation of any Credit Party hereunder or under any other Credit Document shall be made without deduction or withholding for any Taxes, except as required by Applicable Law. If any Applicable Law (as determined in the good faith discretion of an applicable Withholding Agent) requires the deduction or withholding of any Tax from any such payment by a Withholding Agent, then the applicable Withholding Agent shall be entitled to make such deduction or withholding and shall timely pay the full amount deducted or withheld to the relevant Governmental Authority in accordance with Applicable Law and, if such Tax is an Indemnified Tax, then the sum payable by the applicable Credit Party shall be increased as necessary so that after such deduction or withholding has been made (including such deductions and withholdings applicable to additional sums payable under this Section) the applicable Recipient receives an amount equal to the sum it would have received had no such deduction or withholding been made.

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 case excerpt and choose the best holding from the options. Case excerpt: identification are suggestive, reliability is the linchpin for determining admissibility.” United States v. Matthews, 20 F.3d 538, 547 (2d Cir.1994). Castillo’s trial counsel raised the issue of a curative or adverse inference charge or independent source hearing with respect to not receiving notice that the witnesses would be making in-court identifications, rather than directly challenging the reliability of the identifications. (See Tr., Yol. 2, at 245-46, 304-07.) In rejecting these requests, the trial court correctly noted that the purpose of giving notice of in-court identifications is to provide the defendant adequate opportunity to test the suggestiveness of police identification procedures, pursuant to United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967) (<HOLDING>). The trial court rightly stated, however, that Options: A. holding that a showup identification was not impermissibly suggestive where it took place immediately after the unlawful conduct and was necessary to avoid arresting the wrong person B. holding due process requires suppression of testimony regarding pretrial identification when procedure employed is impermissibly suggestive C. holding that a spontaneous accidental identification by two law enforcement officials of a suspect in handcuffs upon their return to the police station was not impermissibly suggestive D. recognizing due process violation when suggestive identification procedures create a very substantial likelihood of irreparable misidentification E. holding that to protect defendants sixth amendment rights a court must determine whether witness identification testimony was tainted by impermissibly suggestive procedures

assistant: The best answer is E. holding that to protect defendants sixth amendment rights a court must determine whether witness identification testimony was tainted by impermissibly suggestive procedures
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 headings and captions of the articles and sections of this Agreement shall be for convenience only. This Agreement shall be construed as if both Parties drafted it jointly, and shall not be construed against either Party as principal drafter. The words “include”, “includes” and “including” (and words of similar meaning) shall be deemed to be followed by the phrase “without limitation”. The words “will” and “shall” shall be understood to have the same meaning. The singular includes the plural, and vice versa, except with regards to the definitions of Party and Parties. A statute or other law includes regulations and other instrument under it and consolidations, amendments, re-enactments or replacements of any of them.

assistant: Interpretations
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: feed his dogs, which he did on a daily basis. The backyard was fenced on three sides with two-wire fencing, and the fourth side was enclosed by the neighbor’s wood privacy fence. The dogs were kept approximately 70 yards from the road, behind the house, in a central part of the back yard. Some of the dogs were chained to the ground near doghouse structures, and others were in pens surrounded by chainlink. Certainly the housing and shelter of animals is a common private use for one’s backyard. We recognize that Appellant did not have an ownership interest in the property, but that is just one factor to consider and not a requirement for a person to have standing to challenge improper police actions. See, e.g., Brendlin v. California, 551 U.S. 249, 127 S.Ct. 2400, 168 L.Ed.2d 132 (2007) (<HOLDING>); Minnesota v. Olson, 495 U.S. 91, 110 S.Ct. Options: A. holding that defendants had no standing where they conceded that they did not own the automobile searched and were simply passengers the owner of the car had been the driver of the vehicle at the time of the search B. holding that an officer making a traffic stop may order passengers to exit the car pending completion of the stop C. holding that passengers lacked any reasonable expectation of privacy and therefore had no standing to challenge the search of the vehicle D. holding that police officer may order passengers to remain in vehicle with hands up during traffic stop E. holding that passengers of a vehicle which they did not own had standing to challenge the validity of a traffic stop

assistant: The best answer is E. holding that passengers of a vehicle which they did not own had standing to challenge the validity of a traffic stop
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 prisoner Albert Hayes appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional and statutory claims in connection with the processing of his administrative grievances. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm. The district court properly dismissed Hayes’ Americans with Disabilities Act (“ADA”) and Rehabilitation Act (“RA”) claims against defendants in their individual capacities because Title II of the ADA and Section 504 of the RA do not authorize claims against State officials in their individual capacities. See Vinson v. Thomas, 288 F.3d 1145, 1156 (9th Cir. 2002) (<HOLDING>). The district court properly dismissed Hayes’ Options: A. holding title ix does not support an action against official in an individual capacity B. holding that a state officer sued in his individual capacity may be held personally liable for damages under 42 usc 1983 based upon actions taken in his official capacity C. holding that a suit against a state official in his or her official capacity is a suit against the state itself and not cognizable under 1983 D. holding that plaintiffs may bring a section 1983 claim for damages to vindicate their rights under idea E. holding that a plaintiff cannot bring an action under 42 usc 1983 against a state official in her individual capacity to vindicate rights created by title ii of the ada or section 504 of the rehabilitation act

assistant: The best answer is E. holding that a plaintiff cannot bring an action under 42 usc 1983 against a state official in her individual capacity to vindicate rights created by title ii of the ada or section 504 of the rehabilitation 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: indictment that was amended, by looking at the other two counts. Id. Rather, the court explained, it knew “without speculating,” from the terms of the count in question, that the grand jury “necessarily certified that it found sufficient evidence to charge defendant with assault with a dangerous weapon.” Id. The court explained that the allegations in the original indictment were sufficient to state that the defendant had used the instrumentality — a car — under circumstances that rendered it capable of causing death or serious injury, i.e., as a dangerous weapon. Id. at 492-93. Thus, the court was satisfied that the “the grand jury, not the prosecutor, determined the charge to be brought and found the facts on which the charge was based.” Id. at 495; cf. Burnett, 185 Or App at 416-17 (<HOLDING>). The change in the indictment addressed in Options: A. holding that in the situation of a possible dismissal of an indictment because of possible grand jury tampering only where knowing perjury relating to a material matter has been presented to the grand jury should the trial judge dismiss an otherwise valid indictment B. holding the trial court erred in ordering the transcription of grand jury proceedings so that it could intervene in the operations of the grand jury C. holding trial court erred in denying defendants motion for arrest of judgment where indictment was insufficient D. holding that the trial court erred in denying the defendants motion in arrest of judgment when the indictment lacked a material element and it was not apparent that the grand jury based the indictment on facts that satisfy this element of the crime and that the only permissible cure was to send the matter back to the grand jury E. holdingthat an error in instructing the jury that an offense could be committed by a statutory method not charged in the indictment is cured where the court provides the jury with the indictment and instructs jurors that the burden of proof rests upon the state to prove every material allegation of the indictment and every essential element of the crime charged beyond a reasonable doubt citation omitted

assistant: The best answer is D. holding that the trial court erred in denying the defendants motion in arrest of judgment when the indictment lacked a material element and it was not apparent that the grand jury based the indictment on facts that satisfy this element of the crime and that the only permissible cure was to send the matter back to the grand jury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: There is no pending or, to the best knowledge of the Company, threatened action, suit, proceeding or investigation before any court, governmental agency or body, or arbitrator having jurisdiction over the Company, that would affect the execution by the Company or the performance by the Company of its obligations under this Agreement. There is no pending or, to the best knowledge of the Company, basis for or threatened action, suit, proceeding or investigation before any court, governmental agency or body, or arbitrator having jurisdiction over the Company, which litigation if adversely determined would have a Material Adverse Effect.

assistant: Litigations
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: drugs not prescribed by a physician. The evidence, however, was insufficient to establish that Mr. Ford possessed the marijuana. “All possession crimes may be either actual or constructive. ... Possession is actual when the contraband is (1) in the defendant’s hand or on his person, (2) in a container in the defendant’s hand or on his person, or (8) within the defendant’s ‘ “ready reach” ’ and the contraband is under his control.” Sundin v. State, 27 So.3d 675, 676 (Fla. 2d DCA 2009) (quoting Harris v. State, 954 So.2d 1260, 1262 (Fla. 5th DCA 2007)). Despite Mr. Ford’s admission that the driver tossed the marijuana to him to hide, this momentary possession did not establish Mr. Ford’s dominion and control over the contraband. See Campbell v. State, 577 So.2d 932, 935 (Fla.1991) (<HOLDING>); Roberts v. State, 505 So.2d 547, 549 (Fla. 3d Options: A. recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell B. holding defendants temporary possession of kilo of cocaine in owners presence to inspect it before unconsummated purchase did not infer dominion or control C. holding that an instruction requiring the jury to find that the defendant had the power and intention to exercise dominion and control over the cocaine was adequate to convey the principle that mere presence or proximity is not sufficient D. holding defendants transitory touching of bale of marijuana when he weighed it to be purchased by third party did not establish dominion and control for possession charge E. recognizing that knowledge and dominion and control are separate elements and stating that it is conceivable that an accused might be well aware of the presence of the substance but have no ability to maintain control over it

assistant: The best answer is B. holding defendants temporary possession of kilo of cocaine in owners presence to inspect it before unconsummated purchase did not infer dominion or control
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 representations and warranties made in this Amendment, the Credit Agreement or any other document or documents relating thereto, including, without limitation, any Loan Document furnished in connection with this Amendment, shall survive the execution and delivery of this Amendment and the other Loan Documents, and no investigation by the Administrative Agent or any Lender or any closing shall affect the representations and warranties or the right of the Administrative Agent and Lenders to rely upon them.

assistant: Warranties
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: Unless the Committee specifically determines otherwise, the Nonqualified Stock Options shall be subject to adjustment or substitution as to the number, price or, if applicable, kind of shares of stock or other consideration subject to such Awards or as otherwise determined by the Committee to be equitable (a) in the event of changes in the outstanding Common Stock or in the capital structure of the Company, by reason of stock dividends, stock splits, recapitalizations, reorganizations, mergers, consolidations, combinations, exchanges or other relevant changes in capitalization occurring after the date of the grant of any such Award or (b) in the event of any change in applicable laws or any change in circumstances which results in or would result in any substantial dilution or enlargement of the rights granted to, or available for, the Holder under this Agreement, or which otherwise warrants equitable adjustment because it interferes with the intended operation of the Agreement. The Company shall give each Holder notice of an adjustment hereunder and, upon notice, such adjustment shall be conclusive and binding for all purposes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive acknowledges that a remedy at law for any breach of this Article II , which includes claims arising under the Non-Competition Agreements, will be inadequate, agrees that the Company shall be entitled to specific performance and injunctive and other equitable relief in case of any such breach or attempted breach.

assistant: Specific Performance
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 its subsidiaries own or possess adequate rights to use or can acquire on reasonable terms all material patents, patent applications, trademarks, service marks, trade names, trademark registrations, service mark registrations, copyrights, licenses and know-how (including trade secrets and other unpatented and/or unpatentable proprietary or confidential information, systems or procedures) (collectively, “Intellectual Property Rights”) necessary for the conduct of their respective businesses; and the expected expiration of any of such Intellectual Property Rights would not have a Material Adverse Effect. Neither the Company nor any of its subsidiaries has received any notice of any claim of infringement of or conflict with any such Intellectual Property Rights of others.

assistant: Intellectual 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 legal provision and list the applicable contract clause categories. Provision: The term of the Partnership commenced on the date of the filing of the Certificate, and the term shall continue until the dissolution of the Partnership in accordance with Article IX. The existence of the Partnership shall continue until cancellation of the Certificate in the manner required by the Act.

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: Tenant’s obligation to pay any Rent owing hereunder with respect to any period on or prior to the expiration or termination of this Lease (including, without limitation, any Extended Terms), as this Lease applies to any or all of the Leased Properties, shall survive any such expiration or termination.

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: effort to ensure that the documents would not be seen by anyone other than Chief Judge Damich. See Response to Government’s January 9, 2008 Brief Regarding Sanctions or Remedies as Requested in the Court’s December 12, 2007 Order (Pl.’s Resp.) 8. Plaintiff’s counsel's view of the harmlessness of disclosing the documents only to Chief Judge Damich notwithstanding, the fact is that this action was a violation of the Order Amending Protective Order, and plaintiff’s counsel should have known it. 6 . Although penalties for contempt and sanctions under the court’s inherent authority are not identical, most courts treat them similarly in determining what requirements are necessary to impose them. See F.J. Hanshaw Enters., Inc. v. Emerald River Dev., Inc., 244 F.3d 1128, 1137 (9th Cir.2001) (<HOLDING>). 7 . The Order Amending Protective Order was Options: A. recognizing that references to and descriptions of the jurys verdict as advisory as a recommendation and of the judge as the final sentencing authority are permissible under romano v oklahoma 512 us 1 114 sct 2004 129 led2d 1 1994 B. holding that regulations that are unrelated to the content of speech are subject to an intermediate level of scrutiny quoting turner broad sys inc v fed commcn commn 512 us 622 642 114 sct 2445 129 led2d 497 1994 plurality opinion C. recognizing and applying from united mine workers rule D. holding that the rule announced in simmons v south carolina 512 us 154 114 sct 2187 129 led2d 133 1994 doesnt apply retroactively on collateral review E. holding that although contempt and sanctions are not identical the principles the supreme court articulated for cases of contempt in international union united mine workers of america v bagwell 512 us 821 114 sct 2552 129 led2d 642 1994 guide our determination of what procedural protections are necessary in imposing sanctions under a courts inherent powers

assistant: The best answer is E. holding that although contempt and sanctions are not identical the principles the supreme court articulated for cases of contempt in international union united mine workers of america v bagwell 512 us 821 114 sct 2552 129 led2d 642 1994 guide our determination of what procedural protections are necessary in imposing sanctions under a courts inherent 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 legal provision and list the applicable contract clause categories. Provision: All legal and other costs and expenses incurred in connection with this Agreement and the transactions contemplated by this Agreement shall be paid by the party incurring such costs and expenses, except as provided in Section 2(c) or Section 5 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: month without interest. Finally, as to attorney’s fees, the husband was ordered to pay the wife’s attorney $500 per month until he had paid the full $38,000 that the court found was owed. No interest was ordered on the fee obligation. ATTORNEY’S FEES The only evidence with regard to the wife’s attorney’s fees was the wife’s testimony that she lacked the ability to pay her own fees, which she placed at “about $38,000.” The trial court found that the wife’s attorney’s fees of $38,000 were reasonable and that the wife had a need for fees and the Husband had the ability to pay the fees. The court made no findings as to the number of hours reasonably expended or an hourly rate. The court’s failure to make those findings was error. See Abernethy v. Fishkin, 638 So.2d 160 (Fla. 5th DCA 1994) (<HOLDING>), disagreed with on other grounds, Kelson v. Options: A. holding that with regard to preliminary injunction a district court abuses its discretion if it fails to make specific findings regarding the various factors it is required to consider B. holding remand proper on circuit courts own motion in a workers compensation case where the commission failed to make essential findings of fact because to hold otherwise would in such cases make the determination of the rights of the parties turn upon the neglect of the commission to make essential findings of fact or require the appellate court to make the omitted findings of fact which our statute forbids C. holding that the lower courts findings were insufficient as a matter of law and remanding for the court to make the findings required under ars 25403 D. holding that objections are required to challenge magistrate judges findings as well as magistrates failure to make additional findings E. holding that reversal is required where a trial court fails to make specific findings as to the reasonable number of hours expended and the reasonable hourly rate as mandated by florida patients compensation fund v rowe 472 so2d 1145 115051 fla1985

assistant: The best answer is E. holding that reversal is required where a trial court fails to make specific findings as to the reasonable number of hours expended and the reasonable hourly rate as mandated by florida patients compensation fund v rowe 472 so2d 1145 115051 fla1985
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 term or condition of this Agreement shall be deemed to have been waived, nor, shall there be an estoppel against the enforcement of any provision of this Agreement, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver, unless specifically stated therein, and each waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than the act specifically waived.

assistant: Waivers