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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: seen the suspect and that Peterson was "adamant” that the man she had seen in the parking lot was the "same gentleman” in the school parking lot the next day. Moreover, Johnson, who had ordered the arrest, had read Shannon’s report and spoken with his officers and the women in the days following the incident. Even assuming that Sandahl or Henning knew nothing about the women's complaints, Johnson’s and Shannon's knowledge would be imputed to them. United States v. Hensley, 469 U.S. 221, 232-33, 105 S.Ct. 675, 83 L.Ed.2d 604 (1985); United States v. Sawyer, 224 F.3d 675, 680 (7th Cir.2000). 3 . Although courts have split on whether an arrest is per se unreasonable when an officer acts outside his or her jurisdiction, compare Abbott v. City of Crocker, 30 F.3d 994, 997-98 (8th Cir.1994) (<HOLDING>), and Madsen v. Park City, 6 F.Supp.2d 938, 945 Options: A. holding that warrantless arrest based on probable cause did not violate the fourth amendment B. holding that a warrantless arrest does not violate the fourth amendment if at the time of the defendants arrest police had probable cause to believe that an offense has been is being or will be committed C. holding that a search incident to a lawful arrest does not violate the fourth amendment D. holding that an arrest made outside an officers jurisdiction absent exigent circumstances violates the fourth amendment E. holding that an arrest made by an officer outside his jurisdiction does not violate the fourth amendment

assistant: The best answer is E. holding that an arrest made by an officer outside his jurisdiction does not violate the fourth amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a comparison of Lentz’s handwriting exemplars with the questioned handwritten documents in the government’s possession would have revealed that Lentz was indeed the author of the questioned documents. Although the Fourth Circuit has not squarely addressed this issue, published authority from other circuits is divided on this question, but the better reasoned, ap posite decisions favor Lentz’s “authorship” argument over the government’s “consciousness of guilt” argument in the circumstances presented here. To be sure, several circuits have allowed the government to present evidence of a defendant’s refusal to provide a handwriting exemplar as evidence of that defendant’s consciousness of guilt for the offense charged, as the government here requests. See, e.g., Askew, 584 F.2d at 963 (<HOLDING>). These decisions, however, are inapposite, as Options: A. holding that while the government was required to prove that the defendants phone call crossed a state line the government did not need to prove that the defendant knew of the interstate nexus B. holding in a prosecution for the interstate transportation of forged securities that the government was permitted to prove and comment on a defendants refusal to produce exemplars as tending to prove his guilt of the offense charged C. recognizing the right of a defendant to comment upon the failure of the state to produce evidence D. holding due process clause requires the prosecution to prove beyond a reasonable doubt all of the elements included in the definition of the charged offense and new york law that requires the defendant in a second degree murder prosecution to prove by a preponderance of the evidence the affirmative defense of extreme emotional disturbance in order to reduce the crime to manslaughter when no element of the charged offense is presumed does not violate the due process clause E. holding that the government need not prove that interstate transport was foreseeable in order to obtain a conviction under 18 usc 2314 which prohibits the interstate transportation of stolen goods

assistant: The best answer is B. holding in a prosecution for the interstate transportation of forged securities that the government was permitted to prove and comment on a defendants refusal to produce exemplars as tending to prove his guilt of the offense charged
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 Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase, up to an aggregate of $20,000,000 of Shares and Warrants (this amount is not inclusive of the gross proceeds received and issuance of shares at the Closing to other investors not purchasing pursuant to this Agreement). Each Purchaser’s Subscription Amount as set forth on the signature page hereto executed by the Purchaser shall be made available for “Delivery Versus Payment” settlement with the Company. The Company shall deliver to each Purchaser its respective Shares and a Warrant as determined pursuant to Section 2.2(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, the Closing shall occur at the offices of EGS or such other location as the parties shall mutually agree. Unless otherwise directed by the Placement Agent, settlement of the Shares shall occur via “Delivery Versus Payment” (“ DVP ”) (i.e., on the Closing Date, the Company shall issue the Shares registered in the Purchasers’ names and addresses and released by the Transfer Agent directly to the account(s) at the Placement Agent identified by each Purchaser; upon receipt of such Shares, the Placement Agent shall promptly electronically deliver such Shares to the applicable Purchaser, and payment therefor shall be made by the Placement Agent (or its clearing firm) by wire transfer to 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: The Company shall cause the Executive (together with other officers and directors) to be indemnified for any actions taken or omissions made within the scope of his employment to the fullest extent provided under the Company’s bylaws, operating agreements, and directors and officers liability insurance (which the Company agrees to maintain throughout the Term), with coverage in such amounts as are generally provided by similarly situated employers in the Business. The Company shall continue to indemnify the Executive as provided above and maintain such liability insurance coverage for the Executive, after the Term has ended for any claims that may be made against him with respect to actions taken or omissions made within the scope of the Executive’s employment or service as a director, officer, or trustee of the Company.

assistant: Indemnifications
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 terms and provisions of this Agreement (including the Exhibits hereto, which are hereby incorporated by reference herein) constitute the entire agreement between the Escrow Agent and the other parties hereto with respect to the subject matter hereof. Notwithstanding the foregoing, as between Purchaser, the Purchaser Representative and the Seller Representative, the terms of the Merger Agreement shall control and govern over the terms of this Agreement in the event of any conflict or inconsistency between this Agreement and the Merger Agreement. The actions of the Escrow Agent shall be governed solely by 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 case excerpt and choose the best holding from the options. Case excerpt: and ARIC’s denial of Manning’s STD benefits. Therefore Manning has failed to present a prima facie case of retaliation under Section 510. b. Non-Discriminatory Reason and Pretext Assuming arguendo Manning had presented a prima facie Section 510 retaliation case, the McDonnell Douglas burden-shifting framework requires ARIC to provide a legitimate, nondiscriminatory reason supporting Manning’s termination. See Fitzgerald, 521 F.3d at 871 (describing the second prong of McDonnell Douglas burden-shifting analysis). ARIC’s stated reason for terminating Manning’s employment after denying Manning’s appeal was Manning’s failure to submit a work release form, which resulted in Manning being ineligible to work and thus caused her to accrue three unexcused absences. Godfrey, 89 F.3d at 759 (<HOLDING>). This is a valid, nondiscriminatory reason Options: A. holding that the employers determination that the employees doctor did not provide a valid certification of disability was permissible the employer could require that employee to return to work under section 510 and that ejven if the employer was mistaken in its evaluation of the employees disability as long as that determination was in good faith and formed the basis of the decision it is permissible under section 510 B. holding that although physicians letter requesting an accommodation for disabled employee came after employers decision to terminate employer should have reconsidered the decision to terminate his employment C. holding that after the employer determined the employee was not disabled the employer had a legitimate nondiscriminatory reason to terminate the employee for unexcused absences under section 510 D. holding that where employee gave notice to employer of injury and employer told employee that nothing could be done for him through workmans compensation employer had breached statute and was liable for medical treatment which was reasonable and necessary to restore employee to maximum usefulness E. holding that an employer who has determined that the employee had not been under a disability can discipline that employee for subsequent unexcused absences and not violate section 510

assistant: The best answer is C. holding that after the employer determined the employee was not disabled the employer had a legitimate nondiscriminatory reason to terminate the employee for unexcused absences under section 510
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 represents to Landlord that it has dealt only with Tenant’s Broker as its broker in connection with this Lease. Tenant shall indemnify, defend, and hold Landlord harmless from all claims of any brokers, other than Tenant’s Broker, claiming to have represented Tenant in connection with this Lease. Landlord shall indemnify, defend and hold Tenant harmless from all claims of any brokers, including Landlord’s Broker, claiming to have represented Landlord in connection with this Lease. Landlord shall pay a brokerage commission to Tenant’s Broker subject to the terms of a separate written agreement to be entered into between Landlord and Tenant’s Broker.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice necessary under this Agreement shall be addressed to the Company in care of its Secretary at the principal executive office of the Company and to the Participant at the address appearing in the personnel records of the Company for such Participant or to either party at such other address as either party hereto may hereafter designate in writing to the other. Any such notice shall be deemed effective upon receipt thereof by the addressee.

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 legal provision and list the applicable contract clause categories. Provision: All notices hereunder will be in writing and sent by certified mail, hand delivery, overnight delivery or fax, if sent to Wainwright, to H. C. Wainwright & Co. LLC, at the address set forth on the first page hereof, e-mail: notices@hcwco.com, Attention: Head of Investment Banking, and if sent to the Company, to the address set forth on the first page hereof, fax number __________________ Attention: Chief Executive Officer. Notices sent by certified mail shall be deemed received five days thereafter, notices sent by hand delivery or overnight delivery shall be deemed received on the date of the relevant written record of receipt, and notices delivered by fax shall be deemed received as of the date and time printed thereon by the fax machine.

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 legal provision and list the applicable contract clause categories. Provision: Should a dispute arise in connection with, relating to, or concerning this Agreement, the parties obligations thereunder, your employment with or your separation from employment with the Company, the parties will first submit the dispute to non-binding mediation. The Company will pay for the mediation and select the mediator. Should the dispute remain unresolved after one day of mediation, the Company and you agree that said dispute or controversy arising out of, in relation to, or in connection with this Agreement or your employment with the Company, or the making, interpretation, construction, performance or breach of this Agreement shall be finally settled by binding arbitration in Massachusetts under the then current expedited rules of the American Arbitration Association by one (1) arbitrator mutually selected by the parties or in the event the parties cannot mutually agree, then appointed in accordance with such rules. The arbitrator may grant injunctive or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, they will not request and the arbitrator shall have no authority to award, punitive or exemplary damages against any party. Notwithstanding anything in this Section 18 to the contrary, claims may be made in any Massachusetts court of competent jurisdiction by you or the Company for equitable relief to prevent a breach or threatened breach of any provision of this Agreement. Both you and the Company expressly waive any right that any party either has or may have to a jury trial of any dispute arising out of or in any way related to your employment with or termination from the Company. If you are successful in the arbitration, as determined by the arbitrator, the arbitrator shall award you your reasonable legal fees and expenses.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: A. The Limited Scope of the Second Trial Was Mandated by the Superior Court Opinion Interlake’s chief complaint, the one that generated so much pretrial appellate activity, is that I did not permit re-litigation of the product liability claim on which Rice prevailed in the first trial. It argues that to the extent that the Superior Court opinion addressed Interlake’s right to present evidence on its “defenses,” it remanded for a complete new trial on all issues, and that I improperly limited the scope of the proceedings to damages and to the cross-claims. Interlake contends that extant authority holds that limited re-trials are disfavored; Rice argues that this is not so. See e.g, Quinbyv. Plumsteadville Family Practice Inc., 589 Pa. 183, 210-11, 907 A.2d 1061, 1077-78 (2006) (<HOLDING>); McNeil v. Owens-Corning Fiberglas Options: A. holding that superior court erred in granting judgment nov and remanding for a new trial generally B. holding that trial court may grant judgment nov on grounds other than that presented in motion for judgment nov so long as the party receiving such relief did file motion C. holding that superior courts erred in granting judgment nov on a wrongful death claim and remanding for new trial on that claim and on damages D. holding that superior court erred in reversing trial courts order granting new trial and remanding for a new trial limited to apportionment of damages E. holding that trial court erred by granting a directed verdict on statute of limitations defense and remanding for a new trial on the statute of limitations only

assistant: The best answer is C. holding that superior courts erred in granting judgment nov on a wrongful death claim and remanding for new trial on that claim and on damages
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: under the FHA is time-barred by the FHA’s two-year statute of limitations. See 42 U.S.C. § 3613(a)(1)(A). Though Drawsand vaguely asserts that the statute should be tolled due to unspecified “fraud on the court” by unidentified Defendants, she never articulates the nature of such fraud or how such “fraud” prevented her from filing suit in a timely manner. See Guerrero v. Gates, 442 F.3d 697, 706 (9th Cir.2006). In the absence of such facts, leave to amend need not be granted. See Broam v. Bogan, 320 F.3d 1023, 1026 n. 2 (9th Cir.2003) (“Facts raised for the first time in plaintiffs opposition papers should be considered by the court in determining whether to grant leave to amend or to dismiss the complaint with or without prejudice.”); Bonin v. Calderon, 59 F.3d 815, 845 (9th Cir.1995) (<HOLDING>) (citing Allen v. City of Beverly Hills, 911 Options: A. holding that a court may properly deny a motion to amend where the movant presents no new facts but only new theories and provides no satisfactory explanation for his failure to fully develop his contentions originally B. holding that plaintiff cannot introduce new allegations or new facts in opposition to a motion to dismiss C. holding that the bia may deny a motion to reopen based on its finding that the movant has not established his prima facie eligibility for relief D. holding that a court may deny leave to amend when the moving party had the opportunity to amend earlier but waited after judgment to do so E. holding that motions for reconsideration are not appropriate if the movant asks the court to hear new arguments or supporting facts that could have been presented originally

assistant: The best answer is A. holding that a court may properly deny a motion to amend where the movant presents no new facts but only new theories and provides no satisfactory explanation for his failure to fully develop his contentions originally
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 covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement and the making of any Loans, regardless of any investigation made by any such other party or on its behalf and notwithstanding that any Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement is outstanding and unpaid and so long as any Commitment has not expired or terminated. The provisions of Sections 2.11, 2.12, 2.13 and 9.03 and Article VIII shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Commitments or the termination of this Agreement or any provision hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No report, financial statement, certificate or other written information furnished by or on behalf of any Loan Party (other than projected financial information, pro forma financial information, budgets, estimates and information of a general economic or industry nature) to any Agent or any Lender in connection with the transactions contemplated hereby and the negotiation of this Agreement or delivered hereunder or any other Loan Document (as modified or supplemented by other information so furnished) when taken as a whole contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein (when taken as a whole), in the light of the circumstances under which they were made, not materially misleading. With respect to projected financial information and pro forma financial information, the Borrowers represent that such information was prepared in good faith based upon assumptions believed to be reasonable at the time such information was furnished, it being understood that such projected financial information and pro forma financial information are not to be viewed as facts or as a guarantee of performance or achievement of any particular results and that actual results may vary from such forecasts and that such variations may be material and that no assurance can be given that the projected results will be realized.

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 case excerpt and choose the best holding from the options. Case excerpt: for filing a charge at the EEOC. While Dr. Hatcher’s complaint mentions in a few places that she reported sexual harassment internally on behalf of a student and discussed shortcomings of the sexual harassment policy, there is no allegation in the complaint itself that the student was an employee of SIU. That omission is crucial for Title VII purposes. Under Title VII, an employee must identify an unlawful employment practice that is prohibited by that statute. 42 U.S.C. § 2000r-3(a). Without this essential information, there is no suggestion in the complaint that in supporting the student, Dr. Hatcher was opposing unlawful employment discrimination, and therefore engaging in a statutorily protected activity. See Roots P’ship v. Lands’ End, 965 F.2d 1411, 1417 (7th Cir. 1992) (<HOLDING>). So the district court properly dismissed that Options: A. holding that misrepresentation was essential to plaintiffs claim B. holding dismissal proper where complaint fails to allege an essential element of plaintiffs claim C. holding dollar amount is not an essential element D. holding that causation is an essential element in failure to warn claim E. holding that dismissal of a pro se complaint for failure to state a claim should generally be without prejudice but if the plaintiff has been given an opportunity amend his complaint and fails to do so the dismissal may be with prejudice

assistant: The best answer is B. holding dismissal proper where complaint fails to allege an essential element of plaintiffs claim
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 Obligor and each Lender hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any suit, action or proceeding arising out of or relating to this Amendment, the other Loan Documents or the transactions contemplated hereby or thereby.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of repeated trials.” State v. Lujan, 103 N.M. 667, 671, 712 P.2d 13, 17 (Ct.App.1985). Thus, Defendant Esparza’s double jeopardy rights were not violated. {27} With regard to Defendant Booth, the State likewise complied with the requirement that the criminal prosecution and forfeiture of assets be pursued in a single, bifurcated proceeding. Although the forfeiture motion was not included in Defendant Booth’s indictment, it was filed three days later under the same cause number and was directed to the same district judge. We agree with Defendant Booth that the mere act of assignment of a docket number is insufficient, of itself, to demonstrate that the penalties were sought in a single, bifurcated proceeding. See Village of Deming v. Marquez, 74 N.M. 747, 749, 398 P.2d 266, 267 (1965)(<HOLDING>). However, the initiation of all proceedings in Options: A. holding that evi dence establishing lack of criminal intent does not necessarily demonstrate in a civil case that the act is not intentional B. holding that rule 11 sanctions imposed by district court remained in effect after case was remanded to state court upon a finding that district court lacked subject matter jurisdiction over the case C. holding decision on a motion to restore the case to the active docket is not immediately appealable D. holding that mere fact that clerk assigned defendants case a civil docket number did not demonstrate that the district court failed to treat the case as a criminal matter E. holding that the district court did not have jurisdiction and remanding the matter to state court

assistant: The best answer is D. holding that mere fact that clerk assigned defendants case a civil docket number did not demonstrate that the district court failed to treat the case as a criminal matter
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: NBHC shall reasonably determine the amount of any federal, state, local or other income, employment or other taxes that NBHC or any of its subsidiaries may reasonably be obligated to withhold with respect to the grant, vesting or other event with respect to the Restricted Stock. NBHC’s obligation to deliver the Restricted Stock or any certificates evidencing the Restricted Stock (or to make a book entry or other electronic notation indicating ownership of the Shares), or otherwise remove the restrictive notations or legends on such Shares or certificates that refer to nontransferability as set forth in Section ‎ 5, is subject to the condition precedent that Participant either pay or provide for the amount of any such withholding obligations in such manner as may be authorized by the Committee or as may otherwise be permitted under Section 14(d) of the 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: The Company shall have the power and the right to deduct or withhold, or require a Participant to remit to the Company, an amount sufficient to satisfy federal, state, local, domestic and foreign taxes, required by law or regulation to be withheld with respect to any taxable event arising as a result of this Program.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at the time of the hearing is presumed to be reasonable” (emphasis added)); id. § 154.181(b) (Vernon Supp.2005) (stating that, "[bjefore a hearing on temporary orders or a final order, if no hearing on temporary orders is held, the court shall ....” (emphasis added)); id. § 201.005(b) (Vernon 2002) (stating that "[a] trial on the merits is any final adjudication from which an appeal may be taken to a court of appeals”). 4 . See Tex.R. Civ. P. 245 ("The Court may set contested cases on written request of any party, or on the court’s own motion, with reasonable notice of not less than forty-five days to the parties of a first setting for trial, or by agreement of the parties .... ” (emphasis added)). 5 . See also Green v. Green, 424 S.W.2d 479, 481 (Tex.Civ.App.-Tyler 1968, no writ) (<HOLDING>). 6 .Former Section 11.06(f) read: A motion to Options: A. holding the rule was not applicable in a pretrial venue hearing B. holding that the failure of three defendants to object to venue did not waive a fourth defendants objection and therefore affirming the trial courts decision to transfer venue C. holding that a change of venue has no affect on the applicable state law and that change of venue is but a change of courtrooms D. holding under general venue principles that mothers appearance at a show cause hearing set by father in change of custody proceeding did not waive her venue challenge E. holding that the defendant waived the issue of change of venue where the trial court denied the motion for a change of venue without prejudice stating that it was willing to reconsider the motion at any time during the jury selection process but the defendant never renewed the motion for a change of venue

assistant: The best answer is D. holding under general venue principles that mothers appearance at a show cause hearing set by father in change of custody proceeding did not waive her venue challenge
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 purpose of the Torchmark Corporation 2018 Incentive Plan (the “Plan”) is to promote the success, and enhance the value, of Torchmark Corporation (the “Company”), by linking the personal interests of employees, officers, directors and consultants of the Company or any Affiliate (as defined below) to those of Company stockholders and by providing such persons with an incentive for outstanding performance. The Plan is further intended to provide flexibility to the Company in its ability to motivate, attract, and retain the services of employees, officers, directors and consultants upon whose judgment, interest, and special effort the successful conduct of the Company’s operation is largely dependent. Accordingly, the Plan permits the grant of incentive awards from time to time to selected employees, officers, directors and consultants of the Company and its Affiliates.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the Michigan Court of Appeals decision that Petitioner consented to the mistrial was not an unreasonable application of Supreme Court precedent. VI. Conclusion The Court concludes that Petitioner’s right to be free from double jeopardy was not violated. Therefore, it is ORDERED that the petition for a writ of habeas corpus is DENIED. 2 . The Double Jeopardy Clause is made applicable to the states through the Due Process Clause of the Fourteenth Amendment. Benton v. Maryland, 395 U.S. 784, 89 S.Ct. 2056, 23 L.Ed.2d 707 (1969). 3 . Implied consent to a mistrial does not implicate the line of Supreme Court cases holding that fundamental Constitutional rights may not be deemed waived on a silent record. See Boykin v. Alabama, 395 U.S. 238, 242-43, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969)(<HOLDING>). In Dinitz, the Supreme Court rejected the Options: A. recognizing commonlaw privilege against selfincrimination B. holding that the drug tax violated the privilege against selfincrimination C. holding presumption of waiver from a silent record is impermissible D. holding that waiver of privilege against selfincrimination is proceeding specific E. holding that waiver of the privilege against compulsory selfincrimination the right to a trial by jury and the right to confront ones accusers cannot be presumed from a silent record

assistant: The best answer is E. holding that waiver of the privilege against compulsory selfincrimination the right to a trial by jury and the right to confront ones accusers cannot be presumed from a silent record
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: It is the express intention and agreement of the parties hereto that the provisions of Sections 7(e), 8, 9, 10 and 11 hereof shall survive the termination of employment of the Executive. In addition, all obligations of the Company to make payments hereunder shall survive any termination of this Agreement on the terms and conditions set forth.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: these terms are in addition to , and do not replace or change , any other agreements that you enter into with oculus , which may include , but are not limited to , our developer agreements , special device terms of use , community standards and contest , competition or promotion-related terms .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in any number of separate original counterparts (or telecopied or electronically transmitted counterparts with original execution copy to follow) and by the different parties on separate counterparts, each of which shall be deemed to be an original, but all of such counterparts shall together constitute one agreement. Delivery of an executed counterpart of a signature page to this Amendment by telecopy or electronic transmission (e.g. “pdf” or “tif”) shall have the same effect as delivery of a manually executed counterpart of this Amendment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise permitted by the Plan, this Agreement may not be modified or amended, nor may any provision hereof be waived, in any way except in writing signed by the parties hereto. Notwithstanding any other provision of this Agreement to the contrary, the Committee may amend this Agreement to the extent it determines necessary or appropriate to comply with the requirements of Code Section 409A and the guidance thereunder and any such amendment shall be binding on Executive.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was no appeal here — interlocutory or otherwise — relating to the district court’s declaration of mistrial. Therefore, "the action occasioning retrial” must be the declaration of mistrial itself. See United States v. Menzer, 29 F.3d 1223, 1227 (7th Cir.) (noting that, where no party appealed declaration of mistrial, "there is no dispute that following the mistrial ..., the government had seventy days in which to retry the defendant”), cert. denied, 513 U.S. 1002, 115 S.Ct. 515, 130 L.Ed.2d 422 (1994). 4 . Compare United States v. Gambino, 59 F.3d 353, 358 (2d Cir.1995) (stating that "[t]he length of an exclusion for complexity must be ... limited in time”), cert. denied, - U.S. -, 116 S.Ct. 1671, 134 L.Ed.2d 776 (1996), and United States v. Jordan, 915 F.2d 563, 565 (9th Cir.1990) (<HOLDING>) with United States v. Twitty, 107 F.3d 1482, Options: A. holding that speedy trial act requires that an ends of justice continuance be specifically limited in time B. holding that where a defendant acquiesces in a continuance that time is excluded from the speedy trial calculation C. holding that an ends of justice continuance may be appropriate where the case is unusual or complex D. holding that a seven week suspension of the speedy trial clock was warranted under the ends of justice provision where the chief prosecutor was ill and new assistant prosecutors required time to prepare for trial E. holding that fivemonth openended continuance based on ends of justice did not violate speedy trial act

assistant: The best answer is A. holding that speedy trial act requires that an ends of justice continuance be specifically limited in time
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 Committee shall have the power and authority to grant Awards to Participants pursuant to the terms of the Plan, and, in its discretion, to adopt, alter and repeal such administrative rules, guidelines and practices governing the Plan as it shall from time to time deem advisable; to interpret the terms and provisions of the Plan and any Award issued under the Plan (and any agreements relating thereto); and to otherwise supervise the administration of the Plan. All decisions made by the Committee pursuant to the provisions of the Plan shall be final, conclusive and binding on all Persons.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: ImmunoGen is not now insolvent, and will not be rendered insolvent by any of the transactions contemplated by, or the performance of any of the obligations under, this Agreement or the Ancillary Agreements. In addition, immediately after giving effect to the consummation of the transactions contemplated hereby, (a) ImmunoGen will be able to pay its debts as they become due, (b) ImmunoGen will not have unreasonably small capital with which to conduct its present or proposed business, (c) ImmunoGen will have assets (calculated at fair market value) that exceed its liabilities, (d) taking into account all pending and threatened litigation, final judgments against ImmunoGen in actions for money damages are not reasonably anticipated to be rendered at a time when, or in amounts such that, ImmunoGen will be unable to satisfy any such judgments promptly in accordance with their terms (taking into account the maximum probable amount of such judgments in any such actions and the earliest reasonable time at which such judgments might be rendered) as well as all other obligations of ImmunoGen and (e) the cash available to ImmunoGen, after taking into account all other anticipated uses of the cash, will be sufficient to pay all such debts and judgments promptly in accordance with their terms .

assistant: Solvency
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: conditions have typically been found to be impairments where they are not part of a “normal” pregnancy. See Serednyj v. Beverly Healthcare LLC, No. 2:08-CV-4 RM, 2010 WL 1568606, at * 14 (N.D.Ind. Apr.16, 2010) (surveying cases and noting that “only abnormal complications might qualify as impairments” under the ADA). Susceptibility to a miscarriage, moreover, has been deemed by some courts to be such a condition. See Cerrato v. Durham, 941 F.Supp. 388, 393 (S.D.N.Y.1996) (adopting the American Medical Association’s Council on Scientific Affairs’ conclusion that a “threatened ... miscarriage” is a “substantial complication” not part of an “entirely normal, healthy pregnancy”); Soodman v. Wildman, Harrold, Allen & Dixon, No. 95 C 3834, 1997 WL 106257, at *6 (N.D.Ill. Feb.10,1997) (<HOLDING>). Although other courts have held that Options: A. holding that the inability or significantly impaired ability to cany a viable fetus to term is a substantial impairment under the ada B. holding that under pwdcra the inability to perform a particular job does not constitute a substantial limitation instead the impairment must significantly restrict an individuals ability to perform at least a wide range of jobs C. holding that alcoholism is not a per se disability under the ada and evidence that alcoholics in general are impaired is inadequate to show the substantial limitation of one or more major life activities D. holding that an individual whose ability to lift is substantially impaired qualifies as a disabled person within the meaning of the ada E. holding that the plaintiffs inability to engage in frequent lifting of more than ten pounds would not significantly restrict her ability to perform a broad range of jobs in various classes

assistant: The best answer is A. holding that the inability or significantly impaired ability to cany a viable fetus to term is a substantial impairment under the ada
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: an act that some argue blurs the very line between possession and free will. See Dorchen A. Leidholt, Co-Executive Dir., Coal. Against Trafficking in Women, Sex Trafficking is Contemporary Slavery: Statement Presented to the United Nations General Assembly (Dec. 6, 1996), available at http://cpcabrisbane.org/ Kasama/1997/Vlln2/SexTr afficking.htm (last viewed Mar. 11, 2010). For this reason, it has been suggested that selling onself for money is a form of temporary enslavement. See id. An understanding of the phrase “purchases ... a minor” to include paying a minor for sex, therefore, is acceptable under 18 U.S.C. § 2251A(b), despite the word “purchase” not generally being associated with payment for services in other contexts. See Smith, 508 U.S. at 230, 113 S.Ct. at 2055 (<HOLDING>). For this reason, we find Frank’s narrow Options: A. holding that the most common definition of a word does not preclude other accepted alternatives B. holding that purpose of the amendment was to clarify the definition of the word maintain C. holding that the word void is not sufficient D. holding the word individuals is not the equivalent of the dictionary acts use of the word persons E. holding that the word interest is to be understood in its ordinary senseto hold that congress intended to use the word in the sense of a penalty is contrary to all rules of interpretation and invokes a special definition of the word interest that is unwarranted citations omitted

assistant: The best answer is A. holding that the most common definition of a word does not preclude other accepted alternatives
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 Credit Party shall ensure that none of it, nor any of its directors or officers, and shall use its best efforts to ensure that none of its employees, agents or representatives, Subsidiaries or any other person acting on any of their behalf is or will become a Restricted Party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: uncovering the fraud.” Id. at 363 (quoting United States v. Uzzell, 648 F.Supp. 1362, 1367 (D.D.C.1986)). In the final analysis, the court concluded that “the common knowledge of the Island Park affair at all levels of the federal government” — specifically, at HUD and its Office of Inspector General — reasonably could be attributed to the Department of Justice. Island Park, 791 F.Supp. at 363-64. Based on this conclusion, the court held that the government’s FCA claim was time-barred. Id. at 364. This Court agrees with Island Park’s conclusion that there may be circumstances in which the knowledge of government agencies other than the Department of Justice might trigger the running of the FCA statute of limitations. See also United States v. Kass, 740 F.2d 1493, 1498 (11th Cir.1984) (<HOLDING>); United States v. Kensington Hospital, No. Options: A. holding that the statute does not begin to run until at least a demand has been made upon the government but determining that the facts of that case made it unnecessary to choose between the date of demand and the date of actual payment as the triggering date for the running of the statute of limitations B. holding that the limitations period begins to run when the plaintiff was privy to facts which would provoke inquiry in the mind of a person of reasonable prudence and which if followed up would have led to the discovery of the fraud C. holding that oneyear limitations periods under sections 2244 and 2255 are virtually identical D. holding that the government through its agent blue shield had the facts making up the very essence of the right of action thereby triggering the limitations period in 2415 2416c which are virtually identical to 3731b E. holding that the insurer is not bound by acts of the agent which are beyond the scope of his authority when the insured has notice of the limitations upon an agents authority or when the circumstances are sufficient to suggest that an inquiry should be made as to such limitations

assistant: The best answer is D. holding that the government through its agent blue shield had the facts making up the very essence of the right of action thereby triggering the limitations period in 2415 2416c which are virtually identical to 3731b
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: With the exception of the Accrued Obligations set forth in Section 2(a)(i), the obligation of the Company to pay any portion of the amounts due pursuant to Section 2(a) of this Agreement is expressly conditioned on Executive’s (i) execution (on or within twenty-one (21) days following the Separation Date) and non-revocation of the release attached as Exhibit A (the “ Release ”), and (ii) Executive’s compliance with the requirements of Sections 3 and 5(a). As used herein, the “ Release Effective Date ” is the date on which the Release becomes irrevocable (as provided in Section 5 of the Release).

assistant: Releases