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: Dividend Equivalent Accounts shall be subject to such terms and conditions as the Committee shall determine and as shall be set forth in the applicable Award Agreement. Such terms and conditions may include, without limitation, for the Participant’s Account to be credited as of the record date of each cash dividend on the Common Stock with an amount equal to the cash dividends which would be paid with respect to the number of shares of Common Stock then covered by the related Award if such shares of Common Stock had been owned of record by the Participant on such record date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the ABL Agent and the Term Agent is hereby authorized to demand specific performance of this Agreement, whether or not any relevant Loan Party shall have complied with any of the provisions of any of the Credit Documents, at any time when the other Party shall have failed to comply with any of the provisions of this Agreement applicable to it. Each of the ABL Agent, for and on behalf of itself and the ABL Credit Parties, and the Term Agent, for and on behalf of itself and the Term Credit Parties, hereby irrevocably waives any defense based on the adequacy of a remedy at law that might be asserted as a bar to such remedy of specific performance.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: So.2d 756 (Ala.Crim.App.1984)] and Webb’s case now before us is that in Bragg II, in the appellate review of the transfer order (Bragg I [416 So.2d 715 (Ala.1982)]), this Court affirmed the affirmance by the Court of Criminal Appeals of the transfer order, while in Webb’s case, in the appellate review of the transfer order, we reversed the affirmance by the Court of Criminal Appeals of the transfer order because it did not comply with § 12-15 — 34(d), Ex parte Anonymous, [466 So.2d 81 (Ala.1984)]. A more precisely pertinent distinction is that, during the pendency of an appeal of a transfer order, merely receiving but not adjudicating an indictment (Bragg IT) is vastly different from actually adjudicating the indictment (Webb).” Cf. Tuck v. State, 686 So.2d 487, 488 (Ala.Crim.App.1996) (<HOLDING>). Rule 32.3, Ala. R.Crim. P., states that “The Options: A. holding the appellate court lacked jurisdiction to hear an appeal where the circuit court had the power to remand the agency decision for further proceedings B. holding in an appeal from the denial of a rule 32 petition that the appellants claim that the circuit court erred in not ruling on his motion to subpoena a transcript of his guilty plea proceedings was not preserved for review because the circuit court never ruled on the motion and the appellant never objected to the circuit courts failure to rule on the motion C. holding that rule 32 petition should have been granted where defendant was convicted in circuit court on indictment entered while case was on appeal from transfer order because circuit court lacked jurisdiction where we remanded the case to the juvenile court for further proceedings D. holding that when the district court dismissed rather than transferred a case not within its jurisdiction and a party appealed that dismissal the circuit court could consider only the propriety of the dismissal on appeal and determining that the circuit court lacked jurisdiction on appeal to consider the merits of the action E. holding that when the district court improperly purported to transfer to the circuit court an action over which the circuit court lacked subjectmatter jurisdiction the circuit court was without jurisdiction to enter its judgment which was void and dismissing the appeal from that void judgment

assistant: The best answer is C. holding that rule 32 petition should have been granted where defendant was convicted in circuit court on indictment entered while case was on appeal from transfer order because circuit court lacked jurisdiction where we remanded the case to the juvenile court for further proceedings
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: CURIAM: Rigoberto Rodriguez, federal prisoner # 30916-077, appeals the denial of his 28 U.S.C. § 2241 petition. He argues that his sentence is invalid in light of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Rodriguez’s argument is directed toward a sentencing error; such an argument may not be brought under 28 U.S.C. § 2241. See Padilla v. United States, 416 F.3d 424, 425-26 (5th Cir.2005). Rodriguez’s argument that he is entitled to proceed under 28 U.S.C. § 2241 based on the savings clause of 28 U.S.C. § 2255 because relief under that section is “inadequate or ineffective” is unavailing. See id. at 427 (<HOLDING>). The judgment of the district court is Options: A. holding that a claim under booker does not fit within the savings clause of 28 usc 2255 B. holding that johnson did not support the defendants collateral challenge under 28 usc 2255 to his sentence enhanced under the residual clause of the ussg C. holding petitions under 28 usc 2255 unavailable to advance booker claims in the absence of a supreme court decision rendering booker retroactive D. holding that a prisoner cannot use the savings clause of 28 usc 2241 to escape the restrictions on successive 2255 motions and the failure to raise an available claim earlier E. holding that booker does not apply retroactively to collateral proceedings under 2255

assistant: The best answer is A. holding that a claim under booker does not fit within the savings clause of 28 usc 2255
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller is an entity, duly formed or incorporated (as applicable), validly existing and in good standing under the Laws of the jurisdiction of formation or incorporation set forth opposite its name on Section 4.1(a) of the Disclosure Schedule. Seller has the requisite power and authority and all necessary governmental approvals to own, lease and operate its assets and proprieties and to carry on its business as it is now being conducted. Seller is duly qualified or licensed as a foreign entity to do business, and is in good standing, in each jurisdiction where such qualification or licensure is necessary or appropriate for the conduct of its business as currently conducted. Except as set forth on Section 4.1(b) of the Disclosure Schedule, at no time has Seller had, and Seller does not currently have, any Subsidiaries, and Seller does not own, nor has ever owned, any equity interest or equity-linked interest in, or any interest convertible into or exchangeable or exercisable for, directly or indirectly, any equity interest or equity-linked interest in, any Person. Seller made available a complete and correct copy of Seller’s Organizational Documents. Seller’s Organizational Documents are in full force and effect and neither Seller nor Equityholder is in violation of any of the provisions of any of Sellers’s Organizational Documents .

assistant: Organizations
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: although the airbnb platform allows members to view the price of listings in a number of currencies , the currencies available for members to make and receive payments may be limited , and may not include the default currency in any given geographic location .

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 Agreement and the Schedules hereto collectively constitute the entire agreement among the Parties pertaining to the subject matter hereof and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, of the Parties pertaining to the subject matter hereof. In the event of a conflict between the terms and provisions of this Agreement and the terms and provisions of any Schedule hereto, the terms and provisions of this Agreement shall govern and control; provided, however, that the inclusion in any of the Schedules hereto of terms and provisions not addressed in this Agreement shall not be deemed a conflict, and all such additional provisions shall be given full force and effect, subject to the provisions of this Section 9.3 .

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: Except as otherwise provided in this Agreement, the rights and privileges conferred by this Agreement shall not be transferred, assigned, pledged or hypothecated in any way (whether by operation of law or otherwise) and shall not be subject to sale under execution, attachment or similar process. Upon any attempt to transfer, assign, pledge, hypothecate or otherwise dispose of the Award, or of any right or privilege conferred by this Agreement, contrary to the provisions of this Section 14, or upon any attempted sale under any execution, attachment or similar process upon the rights and privileges conferred by this Agreement, the Award and the rights and privileges conferred by this Agreement shall immediately become null and void. However, this Section 14 shall not preclude: (i) an Employee from designating a beneficiary to succeed, after the Employee’s death, to any rights of the Employee or benefits distributable to the Employee under this Agreement not distributed at the time of the Employee’s death; or (ii) a transfer of any Award hereunder by will or the laws of descent or distribution. In that regard, any such rights shall be exercisable by the Employee’s beneficiary, and such benefits shall be distributed to the beneficiary, in accordance with the provisions of this Agreement and the Plan. The beneficiary shall be the named beneficiary or beneficiaries designated by the Employee in writing filed with the Corporation in such form and at such time as the Corporation shall require. If a deceased Employee has not designated a beneficiary, or if the designated beneficiary does not survive the Employee, any benefits distributable to the Employee shall be distributed to the legal representative of the estate of the Employee. If a deceased Employee has designated a beneficiary and the designated beneficiary survives the Employee but dies before the complete distribution of benefits to the designated beneficiary under this Agreement, then any benefits distributable to the designated beneficiary shall be distributed to the legal representative of the estate of the designated beneficiary.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall become effective on the Effective Date. Unless earlier terminated in accordance with this Agreement, this Agreement shall expire [*] ([*]) years from the first sale of the 0.3mg Product by Watson or its Affiliate or sub-licensee in the Territory (the “ Initial Term ”). The term of this Agreement shall be automatically extended for additional [*] ([*]) year terms (each a “ Renewal Term ” and together with the Initial Term, collectively referred to herein as the “ Term ”), unless either Party notifies the other, in writing, that it will not extend the applicable Term and such notice is delivered no later than one (1) year prior to the expiration of the Initial Term or the then-current Renewal Term (as applicable).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the Laws of the State of Delaware (including in respect of the statute of limitations or other limitations period applicable to any state Law claim, controversy or dispute) that apply to agreements made and performed entirely within the State of Delaware, without regard to the conflicts of law provisions thereof or of any other jurisdiction. Each party hereto agrees and acknowledges that the application of the Laws of the State of Delaware is reasonable and appropriate based upon the parties’ respective interests and contacts with the State of Delaware. Each of the parties waives any right or interest in having the Laws of any other state, including specifically, state Law regarding the statute of limitation or other limitations period, apply to any party’s state Law claim, controversy or dispute which in any way arises out of or relates to this Agreement or the transactions contemplated hereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Parties submits to the exclusive jurisdiction of any state or federal court sitting in Chicago, Illinois, in any action or proceeding arising out of or relating to this Agreement and agrees that all claims in respect of the action or proceeding shall be heard and determined in any such court. Each of the Parties waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety, or other security that might be required of any other Party with respect thereto. Each Party agrees that a final judgment in any action or proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by law or in equity.

assistant: Submission To Jurisdiction
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 sets forth the entire understanding between Executive and the Company, and supersedes all prior agreements, representations, discussions, and understandings concerning their subject matter. Executive represents that, in executing this Agreement, Executive has not relied upon any representation or statement made by the Company or any other Company Releases, other than those set forth herein, with regard to the subject matter, basis or effect of this Agreement or otherwise.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if the arbitrator determines the claim ( s ) you assert in the arbitration are frivolous , you agree to reimburse evernote for all fees associated with the arbitration paid by evernote on your behalf , which you otherwise would be obligated to pay under the aaa 's rules .

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: Request any Borrowing, or knowingly use, or permit its Subsidiaries or its or their respective directors, officers, employees and agents to knowingly use, the proceeds of any Borrowing (i) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in material violation of any Anti-Corruption Laws, (ii) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, or (iii) in any manner that would result in the material violation of any Sanctions applicable to any party hereto.

assistant: Use Of Proceeds
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 shall not permit the proceeds of the Term Loans to be used for any purpose other than those permitted by Section 6.18 . The Borrower shall not permit the proceeds of any Term Loan to be used for any purpose that violates the provisions of Regulations T, U or X of the Board. The Borrower shall not take or permit to be taken by any Person acting on behalf of the Borrower any action that might cause any of the Loan Documents to violate Regulations T, U or X or any other regulation of the Board or to violate Section 7 of the Securities Exchange Act of 1934 or any rule or regulation thereunder. The Borrower shall not request any Term Loan, and the Borrower shall not use, and shall ensure that its Subsidiaries and its or their respective directors, officers, employees and agents shall not use, the proceeds of any Term Loan, directly or indirectly, (a) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws, (b) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country or (c) in any manner that would result in the violation of any Sanctions applicable to any Party.

assistant: Use Of Proceeds
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: abuse its discretion by denying respondent’s motion for a new trial on damages? V. Did the district court abuse its discretion by denying respondent’s motion for remittitur? ANALYSIS I. Thompson argues that the district court erred by denying her motion for JNOV. The decision whether to grant JNOV is a question of law, Edgewater Motels, Inc. v. Gatzke, 277 N.W.2d 11, 14 (Minn.1979), and we review questions of law de novo, Frost-Benco Elec. Ass’n v. Minnesota Pub. Utils. Comm’n, 358 N.W.2d 639, 642 (Minn.1984). The denial of a motion for JNOV must be affirmed if there is “any competent evidence reasonably tending to sustain the verdict.” Pouliot v. Fitzsimmons, 582 N.W.2d 221, 224 (Minn.1998) (quotation omitted); see also Hughes v. Sinclair Mktg., Inc., 389 N.W.2d 194, 198 (Minn.1986) (<HOLDING>). But if “the jury’s verdict cannot be Options: A. holding more generally that a verdict may be sustained based on circumstantial evidence alone if that cireumstantial evidence supports a reasonable inference of guilt B. holding that a jury verdict will be sustained on any reasonable theory based on the evidence C. holding that the verdict must be sustained if there is any competent evidence to support the verdict D. holding that a motion denying summary judgment will not be reviewed on appeal from a jury verdict where sufficient evidence supports the jurys verdict E. recognizing this court will uphold a general verdict if evidence on any one count issue or theory sustains the verdict citations omitted

assistant: The best answer is B. holding that a jury verdict will be sustained on any reasonable theory based on the evidence
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: contacts with the United States as a whole to establish this Court’s personal jurisdiction over Total. When enacting RICO, “Congress provided for service of process upon RICO defendants residing outside the federal court’s district when it is shown that ‘the ends of justice’ require it.” Butcher’s Union Local No. 498, United Food and Commercial Workers v. SDC Investment, Inc., 788 F.2d 535, 538 (9th Cir.1986) (quoting 18 U.S.C. § 1965(b)). For nationwide service of process to be imposed under section 1965(b), the court must have personal jurisdiction over at least one of the participants in the alleged multidistrict conspiracy and the plaintiff must show that there is no other district in which a court will have personal jurisdiction over all of the alleged coconspirators. Id. at 539 (<HOLDING>). The Court need not consider whether these Options: A. holding ends of justice provision was intended to enable plaintiffs to bring all members of nationwide rico conspiracy before a court in a single trial B. holding that speedy trial act requires that an ends of justice continuance be specifically limited in time C. holding that plaintiff had standing to bring a rico conspiracy claim despite his inability to bring a substantive rico claim D. holding that plaintiffs cannot claim that a conspiracy to violate rico existed if they do not adequately plead a substantive violation of rico E. holding that the notion of enterprise conspiracy has largely rendered the old distinction between single conspiracy and multiple conspiracy irrelevant to rico conspiracy charges

assistant: The best answer is A. holding ends of justice provision was intended to enable plaintiffs to bring all members of nationwide rico conspiracy before a court in a single trial
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: met their burden, and that inquiry into the deliberative process is precluded by Rule 606(b) of the Federal Rules of Evidence. This Court agrees that the Koenigs waived any claim of juror bias by not advising the Court of these allegations at a time when the Court could have done something about them. This Court conducted voir dire to find out whether any member of the jury panel recognized any of the defendants or had provided goods or services to Coastal. One member of the panel was excused due to his familiarity with the defendants. None of the jurors acknowledged any relationship or familiarity before they were empaneled. Waiver has been found where juror misconduct was only alleged, as in the Koenigs’ case. See, e.g., United States v. Dean, 667 F.2d 729, 730, 734 (8th Cir.1982) (<HOLDING>). Waiver has also been found where there was Options: A. holding that where possible juror misconduct is brought to the trial judges attention he or she has a duty to investigate and to determine whether there may have been a violation of the sixth amendment B. holding that it was not constitutionally permissible for the state to respond to defendants invocation of his statutory right to appeal by bringing a more serious charge against him prior to the trial de novo C. holding that litigants have a duty to disclose their objection to a prospective juror by promptly bringing the matter to the attention of the trial court D. holding that although this court affords broad discretion to the district court in determining the type of investigation necessary to determine juror bias the district court must provide the defendant a meaningful opportunity to prove the same E. holding that the defendant by not bringing his knowledge of possible juror bias to the attention of the district court prior to verdict waived his right to a new trial

assistant: The best answer is E. holding that the defendant by not bringing his knowledge of possible juror bias to the attention of the district court prior to verdict waived his right to a new trial
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: There are no actions, suits, arbitrations, governmental investigations or other proceedings pending or, to the Knowledge of Purchaser, threatened in writing against Purchaser, before any court or governmental authority, an adverse determination of which might adversely affect (a) the financial condition or operations of Purchaser or (b) Purchaser’s ability to enter into or perform this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The rights and obligations of this Agreement shall bind and inure to the benefit of the surviving corporation in any merger or consolidation in which the Employer is a party, or any assignee of all or substantially all of the Employer’s business and properties. The Executive’s rights and obligations under this Agreement may not be assigned by her, except that her right to receive accrued but unpaid compensation, unreimbursed expenses and other rights, if any, provided under this Agreement which survive termination of this Agreement shall pass after death to the personal representatives of her estate.

assistant: Successors
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 process afforded the parties, the extent to which the decisionmakers utilized the assistance of experts where necessary, and finally the soundness of the fiduciary’s ratiocination.” Chalmers, 61 F.3d at 1344; Exbom v. Central States, Southeast and Southwest Areas Health and We 7th Cir.1998) (opining that if a doctor gives his reasons for disagreeing with the opinions of other medical providers, the court must affirm the plan administrator’s decision under the deferential standard). Drs. Kurkjian and Laping provided reasoned medical expert opinion regarding Reagan’s medical condition, and UNUM’s plan administrator did not err in relying upon the one while excluding the other. See Trombetta v. Cragin Fed. Bank for Sav. Employee Stock Ownership, 102 F.3d 1435, 1438 (7th Cir.1996) (<HOLDING>). Furthermore, Reagan’s assertion that because Options: A. holding that when the agencys decision was based on an erroneous and completely unsupported assumption the decision was arbitrary and capricious B. holding that a plan administrators decision may not be deemed arbitrary and capricious so long as it is possible to offer a reasoned explanation based on the evidence for that decision C. holding that when applying an arbitrary and capricious standard of review the courts role is to determine whether the plan administrators decision was completely unreasonable D. holding that a reversal of the plan administrators decision is in order under the most deferential arbitrary and capricious standard when no reasonable grounds exist to support the decision E. holding that evidence contrary to an administrators decision does not make the decision arbitrary and capricious so long as a reasonable basis appears for the decision

assistant: The best answer is B. holding that a plan administrators decision may not be deemed arbitrary and capricious so long as it is possible to offer a reasoned explanation based on the evidence for that decision
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: respect to the funds they invested with [CEG],” id. at *3, *5, the court lacked the authority to transfer property— including causes of action — from the investors to the receiver, id. at *5. The court emphasized that to hold otherwise would extend a district court’s jurisdiction beyond the confines of Article III. See id. at *5-6. A number of other cases stand for Scholes’ proposition that fraud on investors that damages those investors is for the investors, and not the receiver, to pursue, whereas fraud on the receivership entity that operates to its damage is for the receiver to pursue, 744 F.Supp. at 1422, notwithstanding a district court’s language granting a receiver authority beyond Article III restrictions. See Fleming v. Lind-Waldock & Co., 922 F.2d 20, 24-25 (1st Cir.1990) (<HOLDING>); B.E.L.T., Inc. v. Lacrad Intern. Corp., No. Options: A. holding that although the district court empowered the receiver to prevent irreparable loss damage and injury to commodity customers and clients the receiver lacked standing to sue for claims belonging to investors such as violations of the commodity exchange act B. holding that loss of customers and resulting injury to goodwill can constitute irreparable harm that is not compensable by an award of money damages C. holding that plaintiffs lacked standing to sue D. holding that a receiver may lack standing to sue if the party he is representing cannot allege an injury or assert a claim E. holding irreparable harm established where defendant faced loss of customers when employee resigned and attempted to take former clients

assistant: The best answer is A. holding that although the district court empowered the receiver to prevent irreparable loss damage and injury to commodity customers and clients the receiver lacked standing to sue for claims belonging to investors such as violations of the commodity exchange act
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of their agreement. For instance, Blisset v. Blisset, 123 Ill. 2d 161 (1988), involved an agreement whereby the parties agreed to waive the father’s child-support payments in exchange for the father surrendering visitation. The supreme court found the agreement unenforceable because the parties failed to seek judicial approval of the agreement. Blisset, 123 Ill. 2d at 168. In Ligon v. Williams, 264 Ill. App. 3d 701 (1994), the reviewing court reversed a trial court order awarding custody of the parties’ daughter to the father because the petition at issue, which was brought under the II linois Parentage Act of 1984 (750 ILCS 45/1 et seq. (West 1992)), did not seek a ruling on custody. Ligon, 264 Ill. App. 3d at 708; see also In re Custody of Ayala, 344 Ill. App. 3d 574, 584 (2003) (<HOLDING>); William J. Templeman Co. v. Liberty Mutual Options: A. holding in a paternity action that the selection and change of the childs surname from the name chosen by the mother must be based on the trial courts determination that renaming is in the childs best interests and the record must affirmatively show such a name change is required for the welfare of the minor child B. holding that trial court improperly awarded custody of child to the childs stepmother and grandparents where no pleading in the case was directed at such relief and the childs mother had no notice that the issue would be considered C. holding that the childs proximity to the initial reported disturbance the childs dress in gangattire and the childs gangwhistle and the fact that another juvenile in the area had been found carrying a concealed weapon did not provide the necessary individualized suspicion to justify the search of the child in the school parking lot D. recognizing policy and ruling that person who failed to file counterclaim when childs paternity was being determined in earlier litigation should not be allowed to bring later suit to establish that he was childs natural father as this would not be in the childs best interests E. recognizing that irrespective of the outcome of the title 9 hearing the court had the authority under njsa 304012 to retain custody of the child because the childs health and welfare would be at risk if returned to the home

assistant: The best answer is B. holding that trial court improperly awarded custody of child to the childs stepmother and grandparents where no pleading in the case was directed at such relief and the childs mother had no notice that the issue would be considered
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: Licensor assumes no liability to Licensee or to any third party with respect to any product or service offering sold by Licensee under the Mark, and Licensee will indemnify Licensor against losses incurred through claims of third persons against Licensor involving the manufacture or sale of such products or services.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES REGARDING THE SUBJECT HEREIN AND THEREIN AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES.

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: This Security Agreement may be executed in any number of counterparts and by the different parties hereto on separate counterparts and each such counterpart shall be deemed to be an original, but all such counterparts shall together constitute but one and the same Security Agreement. Receipt of an executed signature page to this Security Agreement by facsimile or other electronic transmission shall constitute effective delivery thereof. Electronic records of executed Transaction Documents maintained by Secured Party shall be deemed to be originals thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: [14th Dist.] 2007, no pet.) (approving of an expert report’s explanation of the breach of the standard of care, for prescribing Risperdal because its use for treating dementia had not been approved by the FDA and concluding that a “reasonable physician should not, as a general proposition, prescribe the wrong drug for his patients”); Puempel v. Lopez, No. 05-07-00371-CV, 2007 WL 3173405, at *3-4 (Tex.App.-Dallas Oct.31, 2007, no pet.) (mem. op.) (affirming the use of FDA and PDR guidelines to define the standard of care for prescribing weight loss medication); Metot v. Danielson, 780 S.W.2d 283, 286-87 (Tex.App.-Tyler 1989, writ denied), overruled on other grounds by Cecil v. Smith, 790 S.W.2d 709, 716 (Tex.App.-Tyler 1990) (op. on reh’g), rev’d, 804 S.W.2d 509 (Tex.1991) (<HOLDING>). Dr. Haberer’s report indicates that he Options: A. holding that the trial court abused its discretion when it decided that a boardcertified doctor was not qualified to testify about a neurosurgeons general minimum standards for the prescription of drugs that are applicable to all physicians B. holding trial court abused its discretion when it struck the appellants intervention C. holding that the bia abused its discretion in denying a motion to reopen when it failed to consider the argument before it D. holding that the district court abused its discretion when it decided that defense counsels determination of the wrong date by which defendant had to file a notice of appeal constituted excusable neglect E. holding that trial court was required to give full effect to supreme courts judgment and that by failing to do so the trial court abused its discretion

assistant: The best answer is A. holding that the trial court abused its discretion when it decided that a boardcertified doctor was not qualified to testify about a neurosurgeons general minimum standards for the prescription of drugs that are applicable to all physicians
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: There are no actions, suits or proceedings pending or, to the knowledge of the Borrower, threatened with respect to any Credit Party or any of their respective Subsidiaries or against any of their respective properties (i) that have had, or could reasonably be expected to have, a Material Adverse Effect, or (ii) that question the validity or enforceability of any of the Loan Documents, or of any action to be taken by any Credit Party pursuant to any of the Loan Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and each other Loan Document to which any Credit Party or any Subsidiary of any Credit Party is a party constitute the legal, valid and binding obligations of each such Person which is a party thereto, enforceable against such Person in accordance with their respective terms, except as enforceability may be limited by applicable bankruptcy, insolvency, or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability.

assistant: Binding Effects
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: S.Ct. 1568, 84 L.Ed.2d 605 (1985)); see Copening, 506 F.3d at 1248. “An arrest is distinguished” from an investigative Terry stop “by the involuntary, ‘highly intrusive’ nature of the encounter.” Cortez, 478 F.3d at 1115. For example, “the use of firearms, handcuffs, and other forceful techniques generally exceed the scope of an investigative detention and enter the realm of an arrest.” Id. at 1115-16 (quotation, alterations omitted). Or an investigative deten tion may last too long under the specific circumstances of a given case and on that basis may be transformed into a de facto arrest. See Sharpe, 470 U.S. at 682-88, 105 S.Ct. 1568 (eschewing a bright-line rule); see United States v. Rosborough, 366 F.3d 1145, 1150 (10th Cir.2004) (citing cases); see also Cortez, 478 F.3d at 1116 (<HOLDING>). In this case, however, Defendants do not Options: A. holding that the fourth amendment protects property as well as privacy B. holding that the state as well as the defendant has a right to rely on compliance with rule 16 C. holding force used during seizure as well as its duration turned investigative detention into a full custodial arrest D. holding that it is within the power of the legislature to determine that the community should be beautiful as well as healthy spacious as well as clean wellbalanced as well as carefully patrolled E. holding that plaintiff bears burden of production as well as persuasion

assistant: The best answer is C. holding force used during seizure as well as its duration turned investigative detention into a full custodial arrest
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: methodology for establishing causation, then that places a burden on the expert to explain his choice of methodologies.” Meridia, 328 F.Supp.2d at 800 (citing Conde v. Velsicol Chem. Corp., 804 F.Supp. 972, 1025-26 (S.D.Ohio 1992)). Plaintiffs argue that it would be medically and scientifically unethical to attempt a control-group epidemiological experiment of the effects of OSCS in human beings. To do so would require administering OSCS to patients and exposing them to the possibility of injury. Nevertheless, plaintiffs must still demonstrate that the reasoning or methodology on which their experts base their opinions is scientifically valid and properly applied to the facts in issue. Gen. Elec. Co. v. Joiner, 522 U.S. 136, 144-45, 118 S.Ct. 512, 139 L.Ed.2d 508 (1997) (<HOLDING>). To this end, when relying on animal, in vivo Options: A. holding that animal studies can be a proper foundation for an experts opinion but that those opinions must be sufficiently supported by the animal studies on which they purport to rely B. holding that an rld manufacturer was unlikely to succeed on its challenge to the fdas reliance on animal studies to establish the bioequivalency of a proposed generic because courts are bound to show deference to the agencys factfinding in this area of its technical expertise C. holding that a district court did not abuse its discretion in excluding an opinion relying in part on extrapolation from highdose animal studies to lowdose human disease scenarios where there was no attempt to explain how the animal subjects and humans have similar physiological makeup and rate of chemical absorption D. holding that a reliable differential diagnosis alone may provide a valid foundation for a causation opinion even when no epidemiological studies peerreviewed published studies animal studies or laboratory data are offered in support of the opinion E. holding that alj properly rejected opinions based on invalid objective studies

assistant: The best answer is A. holding that animal studies can be a proper foundation for an experts opinion but that those opinions must be sufficiently supported by the animal studies on which they purport to rely
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: warning : even if you are old enough to use the vimeo service and/or have your parent 's or guardian 's permission , some of the content available within the vimeo service may not be appropriate for you .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: under which following the guidelines would result in a sentence sufficiently unreasonable to trigger a violation of section 3553(a) is a context-specific question that I would decline to address in detail at this time, when our accreted stock of concrete examples consists only of a few eases of early impression. I would therefore decline to lay down any overarching principles today, except to note that the set of cases in which departures are required is obviously a narrow subset of the narrow set of cases in which they are even permitted. The question whether section 3553(a) requires departure in some particular case seems to me a question of law, on which we owe no particular deference to the district court’s conclusion. Cf. United States v. Ryan, 866 F.2d 604, 610 (3d Cir.1989) (<HOLDING>). However, to the extent that the district Options: A. holding that the question whether section 3553b permits departure in some particular case is subject to plenary review B. holding that claimed errors of law are subject to plenary review C. holding that whether a vessel is subject to jurisdiction under section 955a is a question of fact D. holding that whether a statute affects sentencing is a question of law subject to de novo review E. holding that a district courts determination of its jurisdiction to resentence a defendant is subject to plenary review

assistant: The best answer is A. holding that the question whether section 3553b permits departure in some particular case is subject to plenary review
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Montgomery, 150 F.3d 983, 994 (9th Cir.1998), in which “potential substantial prejudice to [the] defendant’s rights inheres” and in which counsel may help avoid that prejudice, United States v. Wade, 388 U.S. 218, 227, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967). Examples of critical stages include post-indictment police lineups, id., arraignment, Hamilton v. Alabama, 368 U.S. 52, 53, 82 S.Ct. 157, 7 L.Ed.2d 114, (1961), and sentencing, Gardner v. Florida, 430 U.S. 349, 358, 97 S.Ct. 1197, 51 L.Ed.2d 393 (1977). We have little trouble concluding that Beaty’s confession did not occur during a “critical stage.” The group sessions were not court-ordered and were not designed to acquire information to be used at trial. See Estelle v. Smith, 451 U.S. 454, 101 S.Ct. 1866, 68 L.Ed.2d 359 (1981) (<HOLDING>). In short, the sessions were not a “trial-like Options: A. holding that the court lacks jurisdiction over sixth amendment claims because the sixth amendment is not moneymandating B. holding that a defendant who asserts a diminished capacity defense through the testimony of an examining psychiatrist waives his or her fifth amendment privilege against selfincrimination as to any statements made to the psychiatrist C. holding that under the sixth amendment to the united states constitution before imposing an obligation to reimburse the state the court must make a finding that the defendant is or will be able to pay the reimbursement amount ordered D. holding that a sentencing court may determine the nature of a prior conviction without violating the sixth amendment E. holding that sixth amendment was violated by admissions made to state psychiatrist because the court ordered the sessions to determine competency

assistant: The best answer is E. holding that sixth amendment was violated by admissions made to state psychiatrist because the court ordered the sessions to determine competency