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: Any dispute or controversy arising out of this Agreement, or its interpretation, shall be submitted to and resolved exclusively by arbitration in New York City, New York under the rules of the American Arbitration Association as then in effect. Any award in such arbitration shall be final and binding upon the parties and judgment thereon may be entered in any court of competent jurisdiction.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you specifically agree not to , in any way : ( i ) access ( or attempt to access ) the services by any unauthorized or automated means , other than through the interface that is provided by onavo ; ( ii ) breach this agreement or any other applicable rules and instructions that we may convey with respect to the use of the services ; ( iii ) interfere with or disrupt the integrity or damage the performance of the services or any other computer system or network or circumvent or manipulate the operation , or functionality of the services , including any hosting services provided to facilitate the services ; ( iv ) use the services for commercial purposes ; including but not limited to , sending commercial email solicitation or advertisements , or any unsolicited bulk e-mail or unsolicited commercial e-mail or any activities that violate anti-spamming laws and regulations ; ( v ) post false , inaccurate , or misleading content or content which is not compatible with the rules of behavior in any of the services ; ( vi ) use robots , crawlers and similar applications to collect and compile content from the services , for the purposes of competing with the services , or in such ways that might impair or disrupt the services ' functionality ; ( vii ) impersonate any person or entity , or make any false statement pertaining to your identity , employment , agency or affiliation with any person or entity ; ( viii ) collect or process personally identifying information of the services ' users without their explicit consent ; ( ix ) post commercial content , including advertisements , sponsorships , solicitations , endorsements and public relations material , except as expressly permitted and in designated zones only ; ( x ) export illegally any controlled or restricted items , including software , algorithms , or other data that is subject to export laws ; ( xi ) engage in any illegal activities , including advertising , transmitting , or otherwise making available gambling sites or services or disseminating , promoting or facilitating child pornography ; ( xii ) violate the security or integrity of any network , computer or communications system , software application , or network or computing device involved in the services ; ( xiii ) interfere with the proper functioning of any system , including deliberate attempts to overload a system by mail bombing or flooding techniques ; ( xiv ) send , store , provide or link through the services to any content or material that may reasonably be deemed as :

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: The execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Closing Securities in accordance with the provisions thereof will not, except for such violations, conflicts or defaults as would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, (i) conflict with or result in a breach or violation of (a) any of the terms and provisions of, or constitute a default under, the Company’s Certificate of Incorporation or the Company’s By-laws, both as in effect on the date hereof (true and complete copies of which have been made available to the Investors through the Electronic Data Gathering, Analysis, and Retrieval system (the “ EDGAR system ”)), or (b) assuming the accuracy of the representations and warranties in Section 5, any applicable statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company or its subsidiary, or any of their assets or properties, or (ii) conflict with, or constitute a default (or an event that with notice or lapse of time or both would become a default) under, result in the creation of any lien, encumbrance or other adverse claim upon any of the properties or assets of the Company or its subsidiary or give to others any rights of termination, amendment, acceleration or cancellation (with or without notice, lapse of time or both) of, any Material Contract. This Section does not relate to matters with respect to tax status, which are the subject of Section 4.10, employee relations and labor matters, which are the subject of Section 4.13, and environmental laws, which are the subject of Section 4.15.

assistant: No Conflicts
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 waiver by either Party of any right hereunder or of the failure to perform or of a breach by the other Party shall not be deemed a waiver of any other right hereunder or of any other breach or failure by such other Party whether of a similar nature or otherwise. Any waiver by a Party of a particular term or condition will be effective only if set forth in a written instrument duly executed by or on behalf of the Party waiving such term or condition.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements between the parties with respect to any related subject matter, including without limitation the 2013 Agreement; provided , however , that (A) this shall not be construed to limit Employee’s eligibility for (1) a bonus with respect to 2017 under Subparagraph 3(b) of the 2013 Agreement, except that no such bonus shall be duplicative of the bonus with respect to 2017 under Subparagraph 3(b) of this Agreement; or (2) grants of Awards with respect to 2017 under Subparagraph 4(e) of the 2013 Agreement, except that no such Awards shall be duplicative of the Awards with respect to 2017 under Subparagraph 4(e) of this Agreement; and (B) the Indemnification Agreement between the Company and Employee of November 4, 2013, as amended from time to time, shall remain in full force and effect hereafter.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon termination of the License granted hereunder, LICENSEE shall pay LICENSOR all royalties, milestone payments and any other amounts due or accrued up to and including the date of termination and (ii) for twelve (12) months following the date of termination, the sale of Licensed Products manufactured prior to the termination date, if LICENSEE and LICENSOR separately agree to conduct such sales.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: testimony, found thatthe agents were authorized to enter Defendant’s home in order to conduct a protective sweep incident to Defendant’s arrest because it was reasonable for them to ensure that no one was in the house before proceeding with the warrant. See State v. Trudelle, 2007-NMCA-066, ¶¶ 22-27, 142 N.M. 18, 162 P.3d 173 (discussing the law of protective sweeps and what is needed to justify a sweep pursuant to an arrest). We disagree. {14} We recognize that a protective sweep of a residence may be reasonable whether incident to an arrest taking place inside the residence or to an arrest taking place a short distance from the residence if a reasonably prudent officer would anticipate a threat to officer safety. See United States v. Colbert, 76 F.3d 773, 776-77 (6th Cir. 1996) (<HOLDING>); United States v. Henry, 48 F.3d 1282, 1284 Options: A. holding that a controlled buy at a particular home provided probable cause for the search of that residence B. holding that defendant was not in custody during search of his residence C. holding that the search of purses could not be justified as a protective search for weapons when police had control of the purses D. holding warrantless search of motel room after occupant was arrested outside room for drug possession could not be justified as search incident to arrest absent other exigent circumstances E. recognizing that a protective search of a residence may be justified when the defendant is arrested outside of the home

assistant: The best answer is E. recognizing that a protective search of a residence may be justified when the defendant is arrested outside of the home
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: Court will infer an agency relationship between the Debtor and Pluhar. As an agent of the Debtor, Pluhar had the authority to bind the Debtor. Furthermore, the Court finds that Pluhar, as the agent of the Debtor, reasonably relied on the legal opinion of Anderson supported by the Certificate from the seller. Reasonable reliance by a corporate officer on advice of his attorney or accountant in not paying a tax can obviate a finding of willfulness. See Gray Line Co. v. Granquist, 237 F.2d 390, 395 (9th Cir.1956) (refusing to find officer acted -willfully where he relied on advice of competent counsel and tax collector that no tax was due), cert. denied, 353 U.S. 911, 77 S.Ct. 667, 1 L.Ed.2d 664 (1957); Corrosion Systems, 185 Ill.App.3d at 583-84, 133 Ill.Dec. at 650, 541 N.E.2d at 861 (<HOLDING>). IDOR argues that there was no evidence Options: A. holding that where defendant knew he had a dangerous weapon and it was possible that an injury would occur he acted recklessly not knowingly under oregon law B. holding that contractor who knowingly violated contract specifications consciously controlled risk of loss precluding an occurrence C. holding that a warrant may be vitiated when supporting affidavit intentionally or recklessly misrepresents material facts D. holding that officers reliance on accountant negated a finding that he acted consciously voluntarily intentionally knowingly or recklessly in his failure to pay tax E. holding that attempted firstdegree murder may be committed knowingly or intentionally

assistant: The best answer is D. holding that officers reliance on accountant negated a finding that he acted consciously voluntarily intentionally knowingly or recklessly in his failure to pay tax
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 and the Lease together contain the entire understanding of the parties hereto and supersedes all prior agreements and understandings, if any, relating to the subject matter hereof or thereof. Any guarantees, promises, representations or warranties not herein or therein contained and hereinafter made shall have no force and effect unless in writing, and executed by the party or parties making such guarantees, promises, representations or warranties. Neither this Amendment nor the Lease nor any portion or provisions hereof or thereof may be amended, cancelled, changed, discharged, modified, supplemented, terminated or waived orally or by any course of dealing or in any manner other than by an agreement in writing, signed by the party to be charged.

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: Subject to Section 409A of the Code (including the delay of payments required under Section 6.5(b)), the Company may elect to debit a Participant's Account for the expenses of administration of the Plan, including the expenses of the Plan Administrator and the fees of any trustee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the Financing Orders, at the request of Agent or FILO Agent at any time and from time to time, Borrower and each Guarantor shall, at their expense, duly execute and deliver, or cause to be duly executed and delivered, such further agreements, documents and instruments (including without limitation consents, waivers, acknowledgments and other agreements from third persons), and do or cause to be done such further acts as may be necessary or proper to evidence, perfect, maintain, permit, protect and enforce the security interests of Agent or FILO Agent and the priority thereof in the Collateral and to otherwise effectuate the provisions or purposes of this Agreement or any of the other Financing Agreements. Agent may at any time and from time to time request a certificate from an officer of Borrower or any Guarantor representing that all conditions precedent to the making of Loans and providing Letter of Credit Accommodations contained herein are satisfied. In the event of such request by Agent, Agent and Lenders may, at Agent’s option, cease to make any further Loans or provide any further Letter of Credit Accommodations until Agent has received such certificate and, in addition, Agent has determined that such conditions are satisfied.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon written notice, this Agreement may be terminated at any time prior to the Effective Time by and in the sole discretion of InvenTrust without the approval of any other Party. In the event of such termination, neither Party shall have any Liability any kind to the other Party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: declaration of the state’s intention to submit its fiscal problems to other courts than those of its own creation must be found. Great Northern, 322 U.S. at 54, 64 S.Ct. at 877 This final caveat guides this Court today. The State of Georgia has explicitly consented to actions seeking recovery of taxes “erroneously and illegally assessed and collected ... under the laws of this state.” O.C.G.A. § 48-2-35(a)-(d). Awards are drawn directly from the state tre f’s claims against the State for damages or prospective relief. B. Abrogation Plaintiff argues that Congress actually abrogated state sovereign immunity for constitutional claims by passing 42 U.S.C. § 1983, but this argument is clearly incorrect. See Quern v. Jordan, 440 U.S. 332, 342, 99 S.Ct. 1139, 1145-46, 59 L.Ed.2d 358 (1979) (<HOLDING>); Will v. Michigan Dep’t of State Police, 491 Options: A. holding that suits under 42 usc 1983 do not override state immunity B. holding that the tia does not abrogate states immunity under the eleventh amendment C. holding that 1983 does not override states eleventh amendment immunity D. recognizing the eleventh amendment does not bar the united states from suing a state E. holding that congress did not intend to disturb the states eleventh amendment protection in passing 1983

assistant: The best answer is C. holding that 1983 does not override states eleventh amendment immunity
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 hereby employs the Executive and the Executive hereby accepts such employment pursuant to the terms of this Agreement until this Agreement is terminated in accordance with the provisions of Section 3. (Such period of employment shall hereinafter be referred to as the “ Term ”).

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 case excerpt and choose the best holding from the options. Case excerpt: review and, indeed, noted that "although the parties may rely on the old rule of law and raise ineffectiveness claims, neither party will be harmed by the application of the new rule since claims of ineffectiveness can be raised in a collateral proceeding.” Id. at -, 813 A.2d at 738 (emphasis added). In the present case, Appellant raised his ineffective assistance claim in the trial court, which addressed the claim in its opinion. Moreover, the Supreme Court’s concern that appellate courts not be required to decide ineffectiveness claims on an incomplete record is not implicated in the present case. Accordingly, we will address this claim on the merits. 4 . In determining this issue, the trial court applied this Court’s decision in Commonwealth v. Scher, 111 A.2d 1278 (Pa.Super.1999) (<HOLDING>), rev’d, 569 Pa. 284, 803 A.2d 1204 (2002), Options: A. holding the tenday requirement was ministerial and the defendant failed to show he was prejudiced by the delay B. holding that when determining whether a delay in prosecution violates a defendants right to a speedy trial courts must consider the length of the delay the reason for the delay whether the defendant asserted his rights and the resulting prejudice to the defendant C. holding that the insurer was not estopped from asserting a policy defense not contained in its reservation of rights letter where the delay was not unreasonable and the insured was not prejudiced D. holding that appellant was prejudiced by 20year delay in prosecution and that the commonwealths inactivity was grossly negligent E. holding that commonwealths introduction of statements made by appellant and his black panther membership to rebut appellants character evidence that he was a peaceful and genial man

assistant: The best answer is D. holding that appellant was prejudiced by 20year delay in prosecution and that the commonwealths inactivity was grossly negligent
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: against an alien who is removable by reason of having committed” an aggravated felony. Id. § 1252(a)(2)(C). An exception applies, however, to petitions for review that raise questions of law. See id. § 1252(a)(2)(D) (“Nothing in sub-paragraph' (B) or (C), ... which limits or eliminates judicial review, shall be construed as precluding review of constitutional claims or questions of law raised upon a petition for review filed with an appropriate court of appeals in accordance with this section.”). Dormescar has raised two questions of law over which we have jurisdiction. See 8 U.S.C. § 1252(a)(2)(D). The first is whether res judicata bars him from being found removable based on his 2007 counterfeiting conviction. See Singh v. U.S. Att’y Gen., 561 F.3d 1275, 1278-80 (11th Cir.2009) (<HOLDING>); see also Maldonado v. U.S. Att’y Gen., 664 Options: A. holding that the court can raise res judicata sua sponte even on appeal B. holding that res judicata applies when the question of jurisdiction is raised and determined C. holding that an order stricken as addressing a premature claim is not res judicata as to the merits of the claim D. holding that res judicata prevents relitigation of a claim that was previously the subject of a valid and final decision of this court E. recognizing that 1252a2d provides this court with jurisdiction over questions of law and addressing petitioners res judicata argument even though he had been convicted of an aggravated felony

assistant: The best answer is E. recognizing that 1252a2d provides this court with jurisdiction over questions of law and addressing petitioners res judicata argument even though he had been convicted of an aggravated felony
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: in tax legislation.” (City of Berkeley v. Cukierman, supra, 14 Cal.App.4th at p. 1344; Carmichael v. Southern Coal & Coke Co., supra, 301 U.S. 495, 509 [57 S.Ct. 868, 872]; Cohan v. Alvord, supra, 162 Cal.App.3d at p. 184; Henry’s Restaurants of Pomona, Inc. v. State Bd. of Equalization (1973) 30 Cal.App.3d 1009, 1016 [106 Cal.Rptr. 867].) Inequalities, which arise from the singling out of one particular class for taxation or exemption, infringe no constitutional limitation. (Carmichael, supra, 301 U.S. at p. 509 [57 S.Ct. at p. 872].) Differing tax rates may be imposed upon different classes provided the classification created is reasonable. (See United Business Com. v. City of San Diego (1979) 91 Cal.App.3d 156, 178 [154 Cal.Rptr. 263].) Further, n Cal.App.3d 351 [245 Cal.Rptr. 916] (<HOLDING>). 4 Dr. David Bums, a University of California Options: A. holding that postverdict interest is a cost of defense under the terms of an insurance contract similarly worded to the contracts in the instant litigation B. holding that the plaintiff has established temporal proximity when the plaintiff engaged in protected activity on june 23 1988 and the defendant terminated the plaintiff on august 1 1988 C. holding a proposed ballot initiative the insurance cost control initiative of 1988 violated the singlesubject rule D. holding that insurance company operating under a reservation of rights had the right and the duty to control the defense until such time as it was determined that it had no liability insurance coverage E. holding that under 1988 consideration of the results obtained relative to the relief requested is required

assistant: The best answer is C. holding a proposed ballot initiative the insurance cost control initiative of 1988 violated the singlesubject rule
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: are to be divided into classes: those who do not know that they have been injured and those who know they have suffered an injury but do not know that it is attributable to the fault of another. Lopez, supra, 62 N.J. at 274, 300 A.2d 563. When a plaintiffs claim falls within the latter class her cause of action does not accrue until she has knowledge of the injury and that such injury is the fault of another. In many cases, knowledge of fault is acquired simultaneously with knowledge of injury. Fault is apparent, for example, where the wrong tooth is extracted during surgery. Tramutola v. Bortone, 118 N.J.Super. 503, 512-13, 288 A.2d 863 (App.Div.1972), or where a foreign object has been left within the body after an operation. See Fernandi, supra, 35 N.J. at 438, 173 A.2d 277 (<HOLDING>). In other cases, however, a plaintiff may be Options: A. recognizing that under the discovery rule a cause of action accrues thereby triggering the limitations period when the patient discovers or should have discovered that he or she has a cause of action B. holding that period of limitations on a patients negligence cause of action began to run when the patient knew or had reason to know about the foreign object left in her body C. holding that the limitations period for 1983 actions arising in ohio is the twoyear period found in ohio rev code 230510 and that the limitations period starts to run when the plaintiff knows or has reason to know of the injury which is the basis of his action D. holding that statute of limitations for malpractice begins to run when plaintiff knows or has reason to know of the alleged malpractice E. holding that patient suffered actionable legal injury and period of repose began to run when physician left hemostat clamp in patients body regardless of when or to what extent the complications from the negligent act would be discovered

assistant: The best answer is B. holding that period of limitations on a patients negligence cause of action began to run when the patient knew or had reason to know about the foreign object left in her body
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 invalidity or unenforceability of any provision of this Award Certificate shall not affect the validity or enforceability of any other provision of this Award Certificate, and each other provision of the Award Certificate shall be severable and enforceable to the extent permitted by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall commence on the date set forth above and shall end on the date that Executive’s employment with the Bank ends as determined under the Employment Agreement (the “ Employment Agreement ”) among Executive and the Bank and Citizens Independent Bancorp, Inc. (the “ Company ”), subject to earlier termination as provided herein (the “ Term ”).

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 case excerpt and choose the best holding from the options. Case excerpt: checked a box that indicated that he wanted to appeal all of the issues listed on the Statement of the Case and any Supplemental Statements of the Case that he had received. See id. The May 2001 Substantive Appeal form, again signed by Mr. Robinson and attorney Cameron, contains little more. The argument section of that appeal form contains only the following statement: “I disagree with all of the conclusions in your office’s Statement of the Case, dated April 18, 2001. The [r]egional office failed to consider all of the evidence and failed to follow the correct legal standards in reaching its conclusions.” R. at 174. The presence of attorney Cameron throughout the appeals process before the Agency is a significant factor that solidifies our conclusion. See Andrews, 421 F.3d at 1283 (<HOLDING>); see also Overton v. Nicholson, 20 Vet.App. Options: A. holding trial court did not abuse discretion in denying motion for new trial by operation of law because motion was not properly presented even though a notice of presentment was filed and the docket sheet contained an entry for the motion having been filed B. recognizing that an appeal filed within 30 days of the entry of an order awarding attorney fees was timely filed as to the issue of attorney fees C. holding that 1447c does not apply to counsel D. holding that apprendi does not apply retroactively to claims raised in a 2255 motion E. holding that vas obligation to sympathetically read a clearandunmistakableerror motion does not apply to pleadings filed by an attorney

assistant: The best answer is E. holding that vas obligation to sympathetically read a clearandunmistakableerror motion does not apply to pleadings filed by an attorney
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: By its signature hereon, the Borrower hereby irrevocably authorizes the Lender to file against the Borrower one or more financing, continuation or amendment statements pursuant to the UCC in form satisfactory to the Lender, and the Borrower will pay the cost of preparing and filing the same in all jurisdictions in which such filing is deemed by the Lender to be necessary or desirable in order to perfect, preserve and protect its security interests. If required by the Lender, the Borrower will execute all documentation necessary for the Lender to obtain and maintain perfection of its security interests in the Collateral. If any Collateral consists of letter of credit rights, electronic chattel paper, deposit accounts or supporting obligations, or any securities entitlement, securities account, commodities account, commodities contract or other investment property, then, at the Lender’s request, the Borrower will execute, and will cause the depository institution or securities intermediary upon whose books and records the ownership interest of the Borrower in such Collateral appears to execute, such pledge agreements, control agreements or other agreements as the Lender deems necessary in order to perfect, prioritize and protect its security interest in such Collateral, in each case in a form satisfactory to the Lender.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THE BORROWER HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

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: will result in the suppression of speech cannot be accepted. Unlike the warnings mailed to book distributors in Bantam Books, a request for substantiation does not expressly state that a particular communication has been found objectionable. At most, the request suggests that the Review Committee has doubts as to the accuracy of a statement or representation made or implied in an advertisement or solicitation. If lawyers know the statements or representations in their advertisements or solicitations can be substantiated, they are unlikely to remove the communication from circulation. Plaintiffs Adler, Bandy, and Newton testified that they could substantiate statements in their advertisements or solicitation letters with little difficulty. See Shapero, 486 U.S. at 477, 108 S.Ct. at 1924 (<HOLDING>). The Review Committee consequently will not Options: A. recognizing that providing defendant with hobsons choice between incompetent lawyer or no lawyer violates right to counsel B. recognizing that state agencies might require the lawyer to prove the truth of the fact stated by supplying copies of the court documents or material that led the lawyer to the fact C. holding that even where a client was more sophisticated in business matters than the lawyer himself the lawyer should have assumed the client was relying on the lawyer for the legal aspects of the loan from the client to the lawyer to the same extent that the client would rely on the lawyer for advice were the client making the loan to a third person D. holding that a request for a lawyer requires the police to cease questioning until the accused consults with his or her lawyer unless the defendant initiates further conversation E. holding that a lawyer is a necessary witness where the lawyers testimony is relevant to disputed material questions of fact and where there is no other evidence available to prove those facts

assistant: The best answer is B. recognizing that state agencies might require the lawyer to prove the truth of the fact stated by supplying copies of the court documents or material that led the lawyer to the fact
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 for the representations and warranties set forth in Article III and this Article IV and any Transaction Document, neither the Company nor any other Person makes any express or implied representation or warranty with respect to the Company, JV, Newco, their respective Subsidiaries or the Healthcare Portfolio. The Company hereby disclaims any other express or implied representations or warranties. Except with respect to claims of Fraud and for the representations and warranties set forth in Article III and this Article IV and any Transaction Document, the Company hereby disclaims all liability and responsibility for any representation, warranty, opinion, projection, forecast, statement, memorandum, presentation, advice or information made, communicated or furnished (orally or in writing) to Buyer or its Affiliates or Representatives (including any such opinion, projection, forecast, statement, memorandum, presentation, advice or information made available in any electronic data room hosted by the Seller Group in connection with the Transactions).

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: NOTWITHSTANDING ANY OF THE FOREGOING, NOTHING IN THE LOAN DOCUMENTS WILL LIMIT THE ABILITY OF THE ADMINISTRATIVE AGENT, THE LENDERS OR ANY SECURED PARTIES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, TO MOVE TO COMPEL ARBITRATION OR MOVE TO STAY OR DISMISS A LAWSUIT IN FAVOR OF ARBITRATION, AND EACH TRIBAL PARTY’S WAIVER OF SOVEREIGN IMMUNITY WILL EXPRESSLY EXTEND TO SUCH ACTIONS. EACH OF THE TRIBAL PARTIES HEREBY AGREES THAT ITS LIMITED WAIVER OF SOVEREIGN IMMUNITY AND OTHER WAIVERS DESCRIBED IN SECTIONS 9.11 OR 9.12 ARE IRREVOCABLE AND AGREES NOT TO REVOKE OR FURTHER LIMIT, IN WHOLE OR IN PART, ITS LIMITED WAIVER OF SOVEREIGN IMMUNITY OR THE WAIVERS DESCRIBED IN THESE SECTIONS OR IN ANY WAY ATTEMPT TO REVOKE OR FURTHER LIMIT, IN WHOLE OR IN PART, SUCH LIMITED WAIVER OF SOVEREIGN IMMUNITY. IN THE EVENT THAT ANY OF THE TRIBAL PARTIES (I) REVOKES, FURTHER LIMITS OR ATTEMPTS TO REVOKE OR FURTHER LIMIT THE LIMITED WAIVER OF SOVEREIGN IMMUNITY DESCRIBED IN SECTIONS 9.11 OR 9.12 , (II) TAKES ANY ACTION WHICH IS INCONSISTENT WITH THE WAIVERS DESCRIBED IN SECTIONS 9.11 OR 9.12 OR (III) FAILS TO SUBMIT TO THE JURISDICTION OF THE COURTS AS DESCRIBED IN SECTIONS 9.11 OR 9.12 , EACH OF THE TRIBAL PARTIES HEREBY CONSENTS TO THE ENTRY OF APPROPRIATE INJUNCTIVE RELIEF. THE TRIBE’S WAIVERS, CONSENTS AND AGREEMENTS IN ANY PROVISION OF SECTIONS 9.11, 9.12 and 9.13, SHALL TO THE EXTENT PERMITTED BY LAW (OTHER THAN LAW OF THE TRIBE), APPLY TO ALL SHARED IMMUNITY PERSONS.

assistant: Miscellaneous
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: 395 U.S. 708 89 S.Ct. 1901 23 L.Ed.2d 653 Fred BANKS, Petitioner,v.State of CALIFORNIA. No. 670. Argued April 23, 1969. Decided June 16, 1969. Rehearing Denied Oct. 13, 1969. See 90 S.Ct. 36. Thomas J. Klitgaard, San Francisco, for petitioner. Edward P. O'Brien, San Francisco, for respondent. PER CURIAM. 1 Petitioner did not ask the Supreme Court of California to review the judgment entered by the Court of Appeal in this case. Therefore, the decision of the Court of Appeal is not a '(f)inal judgment * * * rendered by the highest court of a State in which a decision could be had * * *.' 28 U.S.C. § 1257, and we lack jurisdiction to review it. The writ of certiorari is dismissed for want of jurisdiction. 2 It is so ordered. 3 Writ dismissed.

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: after making the offer.’ ” Marek, 473 U.S. at 5, 105 S.Ct. 3012 (emphasis in original). Thus, Rule 68 encourages settlement by “forcing a plaintiff to weigh the risk of incurring post-offer costs and fees he may not be able to recover even if successful on his claims.” Herrington, 12 F.3d at 907. The term “costs” in Rule 68 “was intended to refer to all costs properly awardable under the relevant substantive statute or other authority. In other words, all costs properly awardable in an action are to be considered within the scope of Rule 68 ‘costs.’ ” Marek, 473 U.S. at 9, 105 S.Ct. 3012. “Since Congress expressly included attorney’s fees as ‘costs’ available to a plaintiff in a § 1983 suit, such fees are subject to the cost-shifting provision of Rule 68.” Id. at 9-11, 105 S.Ct. 3012 (<HOLDING>); see also Family PAC v. Ferguson, 745 F.3d Options: A. holding an unaccepted rule 68 offer does not moot a claim B. holding that while rule 68 does not explicitly require that an offer of settlement under that rule be made in writing its requirement that the offer be served upon the adverse party implies as much C. holding that district court erred in awarding attorneys fees in civil rights action where plaintiff only recovered 1 in nominal damages D. holding that plaintiffs were not entitled to 139692 in postoffer legal fees where they recovered 8000 less than defendants rule 68 offer and noting that this result was consistent with the policies and objectives of 1988 to encourage plaintiffs to bring meritorious civil rights suits E. holding that the plaintiffs were not prevailing parties entitled to attorneys fees for successfully securing a remand of the attorneys fees issue because the ruling was unrelated to the merits of the plaintiffs claim and the issue was not significant nor a benefit the plaintiffs sought in bringing their action

assistant: The best answer is D. holding that plaintiffs were not entitled to 139692 in postoffer legal fees where they recovered 8000 less than defendants rule 68 offer and noting that this result was consistent with the policies and objectives of 1988 to encourage plaintiffs to bring meritorious civil rights suits
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: his July, August, and September 2009 reregistration forms. We assume Purvy “presses this separate challenge surely well aware of the ‘venerable principle of double jeopardy jurisprudence,’ that ‘[t]he successful appeal of a judgment of conviction, on any ground other than the insufficiency of the evidence to support the verdict, poses no bar to further prosecution on the same charge.’” United States v. Farr, 536 F.3d 1174, 1186 (10th Cir.2008) (quoting United States v. Scott, 437 U.S. 82, 90-91, 98 S.Ct. 2187, 2193-94, 57 L.Ed.2d 65 (1978)). We thus address Purvy’s insufficiency argument because, if successful, it might impose a double jeopardy bar to reprosecution under properly worded indictments. Compare Montana v. Hall, 481 U.S. 400, 404, 107 S.Ct. 1825, 1827, 95 L.Ed.2d 354 (1987) (<HOLDING>); Charles E. Torcia, Wharton’s Criminal Law § Options: A. holding it is clear that the constitution permits retrial after a conviction is reversed because of a defect in the charging instrument in a case where the prose cution relied on the wrong statute in the charging instrument and the defendant could have been convicted on the right statute B. holding that the deferential standard of review of a plan interpretation is appropriate only when the trust instrument allows the trustee to interpret the instrument and when the trust ee has in fact interpreted the instrument C. holding that once the statute is found to be divisible the court must look to the charging papers and judgment of conviction to determine if the actual crime of which defendant was convicted was a crime of violence but emphasizing that the court is not to examine the particular facts underlying the conviction D. holding that court should interpret statute in light of purpose of whole instrument E. holding that the gravamen of the offense is the physical adaptation of the instrument

assistant: The best answer is A. holding it is clear that the constitution permits retrial after a conviction is reversed because of a defect in the charging instrument in a case where the prose cution relied on the wrong statute in the charging instrument and the defendant could have been convicted on the right statute
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 Borrowers 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 and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent, any Arranger, any Syndication Agent, any Issuing Bank 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, LC Disbursement or any other amount payable under this Agreement is outstanding and unpaid or any Letter of Credit is outstanding and so long as the Commitments have not expired or terminated. The provisions of Sections 2.15, 2.16, 2.17 and 10.03 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 Letters of Credit and 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: In the event of a Change in Control of the Company, the unvested portion of the RSU Award, to the extent not previously forfeited or cancelled, shall immediately vest as of the date of such Change in Control.

assistant: Change In 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 case excerpt and choose the best holding from the options. Case excerpt: court has wide-ranging authority to impose sanctions for the spoliation of evidence. Ha-wai'i Rules of Civil Procedure (HRCP) Rule 37(b)(2) allows the court to “make such orders ... as are just,” including the dismissal of claims, in response to discovery violations. See, e.g., Wong, 66 Haw. at 392-94, 665 P.2d at 160-62. In addition to this rule, the circuit court also “has the inherent power ... to fashion a remedy to cure prejudice suffered by one party as a result of another party’s loss or destruction of evidence.” Richardson v. Sport Shinko (Waikiki Corp.), 76 Hawai'i 494, 507-08, 880 P.2d 169, 182-83 (1994). See also HRS § 603-21.9(6) (1993). Such a remedy may include a jury instruction such as the one given by the trial court in this ease. See id. at 508, 880 P.2d at 183 (<HOLDING>). See generally Trevino v. Ortega, 969 S.W.2d Options: A. holding that in a criminal trial the trial court must correct or amend an improper instruction if the proper instruction is necessary for the jury to understand the case B. holding that a trial judge is obliged to give a correct jury instruction notwithstanding that request for instruction was technically erroneous if the evidence generates the subject matter of the jury instruction C. holding that it was prejudicial error to fail to give such a cautionary instruction even where the defendant did not object at trial to the lack of such an instruction when the accomplice testimony was uncorroborated D. holding that the trial court had the authority to give an instruction if it deemed such a measure appropriate E. holding that it was not error for the court to give a substantive new instruction to the jury after deliberations began where the instruction was given in court with the defendant and his counsel present

assistant: The best answer is D. holding that the trial court had the authority to give an instruction if it deemed such a measure appropriate