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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the view before and after the trees were cut down after the accident. They could easily be compared to other photographs depicting the trees present at the intersection the night Haley approached the intersection. Any error in the admission of testimony is rendered harmless if the objecting party subsequently permits the same or similar evi dence to be introduced without objection. Gee v. Liberty Mut. Fire Ins. Co., 765 S.W.2d 394, 896 (Tex.1989); Dalworth Trucking Co. v. Bulen, 924 S.W.2d 728 (Tex.App.-Texarkana 1996, no pet.). Thus, the error in admitting other evidence of the subsequent remedial measures was rendered harmless. We overrule this contention of error. We affirm the judgment. 1 . But see Sipes v. City of Grapevine, 146 S.W.3d 273, 285 (Tex.App.-Fort Worth 2004, no pet.) (<HOLDING>). 2 . See Jezek v. City of Midland, 605 S.W.2d Options: A. holding that the district court did not have jurisdiction and remanding the matter to state court B. holding that a conclusion that reasonable suspicion supported the stop of a vehicle was subsumed within the trial courts ruling that the officer had probable cause for the stop C. holding that the district courts order refusing to exercise jurisdiction and remanding to the magistrate court for trial was sufficiently final for purposes of appeal and then determining that the remand was in error D. holding that superior court erred in reversing trial courts order granting new trial and remanding for a new trial limited to apportionment of damages E. holding there was some evidence that city had negligently implemented discretionary act involving stop light and remanding for trial

assistant: The best answer is E. holding there was some evidence that city had negligently implemented discretionary act involving stop light and remanding for 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: From time to time after the date of this Agreement, the Parties hereto shall execute, acknowledge and deliver to the other Parties such other instruments, documents, and certificates and will take such other actions as the other Parties may reasonably request in order to consummate the Transactions.

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 case excerpt and choose the best holding from the options. Case excerpt: dispute in this case. If unfairness is found, however, it may be futile to require the minority shareholder to sue on behalf of the corporation when the only other shareholders are the two individual defendants, because any recovery in a derivative suit would return the funds to the control of defendant brothers, rather than to the injured party. In a large public corporation, the oppressed minority can sell her stock in order to extricate some of her invested capital. This market is not available for shares in a close corporation. The minority shareholders may be trapped in a disadvantaged situation. Donahue v. Rodd Electrotype Company of New England, Inc., 367 Mass. 578, 592, 328 N.E.2d 505 (1975); see In re Seagroatt Floral Co., 78 N.Y.2d 439, 576 N.Y.S.2d 831, 583 N.E.2d 287 (1991) (<HOLDING>); see also Robert B. Thompson, The Options: A. holding that fair market value was proper measure of damages for stock brokers breach of margin agreement caused by sale of plaintiffs shares without authorization noting that generally speaking fair market value is proper measure of damages for breach of contract relating to sale of goods which have an ascertamable value on the market B. recognizing that an ordered buyout of stock at fair value is an appropriate remedy in a closely held corporation for the oppressive acts of the majority when there is no ready market for the corporations shares C. holding that chapter 8 of colorados ucc applied to the sale of shares in a corporation whose entire stock was held by one individual D. holding that omission of information about shares held in corporations was material even if the securities were worthless at the time E. holding in action for breach of contract caused by wrongful foreclosure and sale of shares of stock plaintiff was entitled to recover the fair market value of the stock at the time of its sale

assistant: The best answer is B. recognizing that an ordered buyout of stock at fair value is an appropriate remedy in a closely held corporation for the oppressive acts of the majority when there is no ready market for the corporations shares
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All representations and warranties made by HCM and the HCM Managing Member on behalf of themselves individually in this Agreement shall be true and correct on and as of the Closing Date except insofar as the representations and warranties relate expressly and solely to a particular date or period, in which case, subject to the limitations applicable to the particular date or period, they will be true and correct in all material respects on and as of the Closing Date with respect to such date or period.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: prong). 57 .667 F.Supp. 1456, 1461 (S.D.Fla.1986), aff'd sub nom. Troedel v. Dugger, 828 F.2d 670 (11th Cir.1987). 58 . Id. at 1462. 59 . Id. 60 . 853 F.Supp. 1239, 1256 (W.D.Wash.1994) aff'd sub nom. Harris ex rel. Ramseyer v. Wood, 64 F.3d 1432, 1435-36 (9th Cir.1995) (noting that the state did not appeal the ballistics issue). 61 . Id. 62 . See id. 63 . Ploof III, 2012 WL 1413483, at *7 (Del.Super. Jan. 30, 2012). 64 . See J.W. Eisele et al., Sites of Suicidal Gunshot Wounds, 26 J. Forensic Sci. 480, 483 (1981) (stating that the study’s findings contradict another author’s statement that a woman who dies from a gunshot should be presumed to be a homicide victim until proven otherwise). 65 .426 F.3d 588, 608 (2d Cir.2005); see also Pavel v. Hollins, 261 F.3d 210, 227-28 (2d Cir.2001) (<HOLDING>); Holsomback v. White, 133 F.3d 1382, 1388 Options: A. holding that the petitioner had established prejudice when his attorney could have found experts who would testify that the prosecutions evidence was inconsistent with the frequency of abuse the victims alleged B. holding that the defendant could not establish prejudice for trial counsels failure to hire an expert when the experts testimony would not have changed the nature of the states evidence C. holding that the trial court did not abuse its discretion by letting a video technician who violated the rule testify when the record reflected sufficient evidence on which the jury could have found for appellees D. holding that the state court ruling was objectively unreasonable where prosecution failed to present sufficient evidence that the petitioner murdered a known drug dealer although the state established that the petitioner planned to rob drug dealers for drugs or money the victim was a known drug dealer who kept drugs in his freezer and that freezer was open and empty after the homicide the petitioner and the victim had engaged in drug transactions in the past the petitioner had a motive because he had seen the victim make a pass at the petitioners girlfriend and the petitioner had possessed and once purchased the murder weapon and a similar gun was seen in his home two weeks before the murder evidence placing the petitioner at the scene was conspicuously absent leaving only a reasonable speculation that the petitioner was present E. holding the experts opinion testimony lacked a proper foundation when there was no physical evidence of sexual abuse and the experts admitted that their conclusions were based solely on the childrens statements that they had been abused

assistant: The best answer is A. holding that the petitioner had established prejudice when his attorney could have found experts who would testify that the prosecutions evidence was inconsistent with the frequency of abuse the victims alleged
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise expressly set forth in this Agreement, each Party shall bear its respective expenses incurred in connection with the preparation, execution and performance of any Transaction Agreement and the transactions contemplated thereby, including all fees and expenses of its representatives; provided, however, that the Seller shall also bear the expenses of the Company incurred on and prior to the Closing Date in connection with the foregoing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Financial Institutions agree to reimburse and indemnify the Agent and its officers, directors, employees, representatives and agents, ratably based on the ratio of each Financial Institution’s Commitment to the aggregate Commitment (or, following the termination of the Commitments, the ratio of Capital of the Purchaser Interests of the Purchaser Group of which such Financial Institution is a part to the aggregate Capital of all Purchaser Interests), to the extent not paid or reimbursed by the Seller Parties (i) for any amounts for which the Agent, acting in its capacity as Agent, is entitled to reimbursement by the Seller Parties hereunder and (ii) for any other expenses incurred by the Agent, in its capacity as Agent and acting on behalf of the Purchasers, in connection with the administration and enforcement of this Agreement and the other Transaction Documents; provided that the Agent shall not be entitled to any indemnity or reimbursement under this Section 11.6 for any expenses resulting from the gross negligence or willful misconduct of the Agent, as determined by a final and non-appealable judgment rendered by a court of competent jurisdiction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As compensation for Executive’s performance of Executive’s duties hereunder, for fiscal year 2015, Company shall pay to Executive an annualized base salary of $250,000, less required deductions for state and federal withholding tax, social security and all other employment taxes and payroll deductions, payable in accordance with the normal payroll practices of Company. Beginning in fiscal year 2016, the Compensation Committee of the Company’s Board of Directors (the “ Board ”) shall conduct an annual review of Executive’s base salary based on third party comparison data and internal management recommendations. The salary increase will be evaluated after each fiscal year and implemented in September of each year. In the event Executive’s employment under this Agreement is terminated by either party, for any reason, Executive will earn the base salary prorated to the date of termination.

assistant: Base Salary
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: plain error review because he did not object to the admissibility of the reports or to the testimony by Detective Duft about the report. See State v. Parker, 350 N.C. 411, 427, 516 S.E.2d 106, 118 (1999) (plain error is error “so fundamental as to amount to a miscarriage of justice or which probably resulted in the jury reaching a different verdict than it otherwise would have reached.”). Indeed, Defendant never disputed that the material was cocaine. He chose not to defend on that basis, but rather focused on portraying himself as a homeless person making a delivery in exchange for beer and cigarettes. Since the identity of the substance was not challenged, the admission of the laboratory reports was harmless error. See State v. Edwards, - N.C. App. -,-, 621 S.E.2d 333, 337 (2005), (<HOLDING>); State v. Thompson, 110 N.C. App. 217, 225, Options: A. holding that trial delay for dna testing was attributable to the state but was mere negligence B. holding that failure to require production of dna testing protocols was harmless beyond a reasonable doubt when the defendant did not dispute that he committed the crimes at issue but rather argued that he was mentally impaired C. holding that the sixth amendment confrontation clause violation in that case was harmless beyond a reasonable doubt and therefore did not require the conviction to be overturned D. holding that harmless beyond a reasonable doubt analysis not applicable in habeas cases E. holding the state failed to meet its burden of showing the erroneous jury instruction was harmless beyond a reasonable doubt where it did not address the issue on appeal

assistant: The best answer is B. holding that failure to require production of dna testing protocols was harmless beyond a reasonable doubt when the defendant did not dispute that he committed the crimes at issue but rather argued that he was mentally impaired
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: Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or to secure other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi) )) or (ii) the Administrative Agent’s and the applicable L/C Issuer’s good faith determination that there exists excess Cash Collateral; provided , however , the Person providing Cash Collateral and the applicable L/C Issuers may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

assistant: Releases
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 defendant in Faretta never wavered from his position that he sought to represent himself. During the short period of time that the district court entertained Evans’s request to represent himself, Evans was steadfast. Before that assertion, Evans indeed sought replacement counsel, and after the court refused his request for self-representation, Evans retreated to his prior calls of ineffective assistance. However, this is not the type of vacillation that would preclude us from determining that the request for self-representation was unequivocal. That Ganguli represented Evans at the sentencing hearing, seemingly with Evans’s consent, does not amount to a presumption of acquiescence to the district court’s denial of his request for self-representation. See Moore, 531 F.3d at 403 (<HOLDING>). The district court made clear that Evans Options: A. holding that a defendant has a right to proceed pro se at trial B. holding that no presumption of acquiescence attached when the defendant permitted his attorney to call the next witnesses because it would be wholly unreasonable to require the defendant in order to preserve his requests to proceed pro se to refuse the trial courts orders to continue with the trial C. holding that a defendant must demonstrate that the governments intrusion upon his relationship with his attorney created a possibility of either injury to his defense or benefit to the government in order to establish a violation of the right to counsel D. holding no presumption of acquiescence because defendant was never allowed to proceed pro se E. holding defendants pro se motion to reduce sentence was not properly before the trial court when defendant was represented by counsel since defendant may not proceed both by counsel and pro se

assistant: The best answer is B. holding that no presumption of acquiescence attached when the defendant permitted his attorney to call the next witnesses because it would be wholly unreasonable to require the defendant in order to preserve his requests to proceed pro se to refuse the trial courts orders to continue with the 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: On or before 9:00 a.m., New York City time, on the Business Day immediately following the date hereof, the Company shall issue a press release (the “ Press Release ”) reasonably acceptable to the Placement Agent disclosing all material terms of the transactions contemplated hereby. On or before 5:30 p.m., New York City time, on the fourth Trading Day immediately following the execution of this Agreement, the Company will file a Current Report on Form 8-K with the Commission describing the terms of the Transaction Documents (and including as exhibits to such Current Report on Form 8-K the material Transaction Documents (including, without limitation, this Agreement, the form of Warrant and the Registration Rights Agreement)). Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser or an Affiliate of any Purchaser, or include the name of any Purchaser or an Affiliate of any Purchaser in any press release or filing with the Commission (other than the Registration Statement) or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with (i) any registration statement contemplated by the Registration Rights Agreement or (ii) the filing of final Transaction Documents (including signature pages thereto) with the Commission, and (b) to the extent such disclosure is required by law, upon request of the Staff of the Commission or Trading Market regulations, in which case the Company shall provide such Purchaser with prior written notice of such disclosure permitted under this subclause (b). From and after the issuance of the Press Release, no Purchaser shall be in possession of any material, non-public information received from the Company or any of its officers, directors, employees or agents that is not disclosed in the Press Release. Each Purchaser, severally and not jointly, covenants that it will comply with the provisions of any confidentiality or nondisclosure agreement executed by it and, in addition, until such time as the transactions contemplated by this Agreement are required to be publicly disclosed by the Company as described in this Section 4.5 , such Purchaser will maintain the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the action and all other practical problems that make trial of a case easy, expeditious and inexpensive.... The court must also consider those elements in which the public has an interest and those include: problems of creating court congestion and imposing jury duty upon people of a community which has no relation to the litigation.... Incollingo at 423, 611 A.2d at 289 (citation omitted) (emphasis added). If the balance of these above factors weighs heavily in the defendant’s favor, then the plaintiffs forum choice may be disturbed. Rini v. N.Y. Central R.R. Co., 429 Pa. 235, 239, 240 A.2d 372, 374 (1968). Additionally, it has been held that the burden on the defendant in proving the necessity of forum non conveniens, due to hardship, must be made on the record. Okkerse, supra (<HOLDING>). Finally, before a court can order a transfer Options: A. holding that if a modification petition is filed in a county where venue is appropriate it is improper to transfer the venue to another county merely because venue also would have been proper in the other county however once an enforcement proceeding is undertaken in an appropriate venue venue is improper in a different county over a subsequently filed petition to modify the decree which was the subject of the enforcement proceedings B. holding that when party seeking transfer substantiates change of venue by merely alleging hardship and where such allegations have been specifically denied in plaintiffs answer superior court properly reversed grant of motion to transfer cases venue due to inadequate record upon which to sustain motion C. holding that transfer was proper remedy for improper venue even though the issue of transfer was not raised until the motion hearing in circuit court D. holding that the defendant waived the issue of change of venue where the trial court denied the motion for a change of venue without prejudice stating that it was willing to reconsider the motion at any time during the jury selection process but the defendant never renewed the motion for a change of venue E. holding that the issue of change of venue was waived where the defendants motion for a change of venue was denied without prejudice to its renewal during jury selection but the motion was not renewed during empanelment of the jury

assistant: The best answer is B. holding that when party seeking transfer substantiates change of venue by merely alleging hardship and where such allegations have been specifically denied in plaintiffs answer superior court properly reversed grant of motion to transfer cases venue due to inadequate record upon which to sustain motion
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: Bank One Columbus, N.A. v. McDaniel (In re McDaniel), 202 B.R. 74, 76 (Bankr.N.D.Tex.1996); AT&T Universal Card Serv. Corp. v. Chinchilla (In re Chinchilla), 202 B.R. 1010, 1015 (Bankr.S.D.Fla.1996); AT&T Universal Card Serv. Corp v. Totina (In re Totina), 198 B.R. 673, 675 (Bankr.E.D.La.1996). 70 . See e.g. AT&T Universal Card Serv. Corp v. Wong (In re Wong), 207 B.R. 822, 830 (Bankr.E.D.Pa.1997) (where UCS allowed a debtor to exceed his $10,500 credit limit by $2,743). 71 . 210 B.R. 212, 213 (Bankr.M.D.Fla.1997). 72 . PLEx. D. 73 . Pl.Ex. B., at V 2. 74 . PI.Ex. B, at ¶ 16. 75 . PLEx. D. 76 . 208 B.R. 872, 879 (Bankr.W.D.Tex.1997). 77 . PI.Ex. D; Deb. Ex. I; Doc. # 1, Case NO. 96-61676. See AT&T Universal Card Serv. Corp. v. Berry (In re Berry), 197 B.R. 382, 383 (Bankr.M.D.Fla.1996) (<HOLDING>). 78 . PI.Ex. A; PI.Ex. B, ¶ 11. I note that Options: A. holding that the government must prove the defendant knew of the features of the firearm that brought it within the scope of the act B. holding that one who lacks concern for its borrowers insolvency when enabling the borrowing cannot prove it was defrauded merely by proving the borrower was insolvent and knew it C. holding that the government did not have to prove that the defendant knew that his acts violated the clean water act but merely that he was aware of the conduct that resulted in the permits violation D. holding that it was not necessary for the state to prove that the defendant knew the precise nature of the controlled substance he was convicted of delivering when evidence established that he knew it was a controlled substance E. holding that government must merely show that defendant knew that it was a bank that he intended to influence

assistant: The best answer is B. holding that one who lacks concern for its borrowers insolvency when enabling the borrowing cannot prove it was defrauded merely by proving the borrower was insolvent and knew it
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: conducted a detailed analysis of Pa-lacios’ offense and personal circumstances, including his family and finances, and provided a thorough explanation of its reasoning in selecting a sentence, specifically tying the sentence to multiple § 3553(a) factors. The court’s analysis demonstrated that it considered Palacios’ family circumstances — in particular, his five children in Florida and child support obligations — in selecting the sentence. Palacios’ arguments regarding his family also were not particularly strong or well-developed, as he did not demonstrate how his family’s experience took his circumstances outside the heartland of sentencing cases or outweighed the seriousness of the crime and impact on the victims. Cf. United States v. Boulware, 604 F.3d 832, 839-40 (4th Cir.2010) (<HOLDING>). While Palacios is correct that the district Options: A. holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment B. holding that a teachers complaint to school authorities that her principal had instructed her to make improper changes in her own students grades was unprotected because it was made pursuant to her official duties C. holding that the bia correctly imputed a parents knowledge that she and her children were not eligible for entry to the united states to her children D. holding that allegations that employees supervisors yelled at her told her she was a poor manager and gave her poor evaluations chastised her in front of customers and once required her to work with an injured back were insufficient to state title vii claim E. recognizing as weak argument that defendant should receive belowguidelines sentence because her incarceration would negatively impact her children and students where she provided no evidence that her circumstances were atypical

assistant: The best answer is E. recognizing as weak argument that defendant should receive belowguidelines sentence because her incarceration would negatively impact her children and students where she provided no evidence that her circumstances were atypical
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: member may opt out. Id. at 2, 4. The Class Notice indicates that any class member who declines to opt out will be bound by the final judgment. Id. at 4. The Class Notice indicates the general terms of the settlement. Id. at 7-15. The Class Notice indicates that complete information is available in the Court files. Id. at 18-19. And the Class Notice indicates that any class member may appear and be heard at the hearing at the specified date, time, and place. Id. at 18. 116. Several objectors have challenged the content of the Class Notice and the Supplemental Materials. These objections are unmeritorious. Certainly none of them indicates that this Court somehow abused its discretion in approving the form of notice. See, e.g., In re “Agent Orange” Prod. Liab. Litig., 818 F.2d at 169 (<HOLDING>); In re Four Seasons Sec. Laws Litig., 525 F.2d Options: A. holding that in a personal injury suit the timely notice requirement does not apply B. holding that minor discrepancies were immaterial where essential goal of the notice requirement notice of suit and opportunity to consult counsel was accomplished C. holding that notice to supervisor is notice to city D. holding that notice to counsel may be waived E. holding that notice to the attorney of record constitutes notice to the petitioner

assistant: The best answer is B. holding that minor discrepancies were immaterial where essential goal of the notice requirement notice of suit and opportunity to consult counsel was accomplished
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: or motivating factor in the adverse action. See Treasurer of N.J. v. U.S. Dep’t of Treasury, 684 F.3d 382, 395 (3d Cir. 2012) (stating that the Court accepts as true all factual allegations set forth in the complaint, and construes them in favor of the nonmoving party). In his complaint, Vaughn alleged that he was fired after working as the prison law librarian for over 13 months. According to Vaughn, the President of the Prison Board ordered that Vaughn be terminated because he was helping other i would be futile. See also Lewis v. Casey, 518 U.S. 343, 351, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996) (to pursue a claim of denial of access to the courts an inmate must allege an actual injury to his ability to litigate a claim); Board v. Farnham, 394 F.3d 469, 485-86 (7th Cir. 2005) (<HOLDING>); Allah v. Al-Hafeez, 226 F.3d 247, 251-52 (3d Options: A. recognizing that allegation of state action is a necessary element of a 1983 claim B. holding that the district court act ed within its bounds in staying this action for declaratory relief where parallel proceedings presenting opportunity for ventilation of the same state law issues were underway in state court even when the federal proceeding began before the state one C. holding that allegation of inadequate ventilation in prison may state a claim for relief D. holding that equitable relief is only appropriate where legal remedies are inadequate E. holding that the district court had discretion to stay declaratory judgment action where parallel proceedings presenting opportunity for ventilation of the same state law issues were underway in state court

assistant: The best answer is C. holding that allegation of inadequate ventilation in prison may state a claim for relief
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: j. you agree not to use the website or the services ( including the comments and email features in the website ) for the solicitation of business in the course of trade or in connection with a commercial enterprise ;

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: Notwithstanding Section 8.1.6 , each Party will issue a press release in the form of Exhibit C-1 and Exhibit C-2 , respectively, following the Effective Date. The Parties will consult with each other reasonably and in good faith with respect to the text and timing of any subsequent press releases relating to this Agreement or the activity hereunder prior to the issuance thereof, provided that a Party may not unreasonably withhold consent to such releases, and that either Party may issue such press releases as it determines, based on advice of counsel, are reasonably necessary to comply with laws or regulations or for appropriate market disclosure or which are consistent with information disclosed in prior releases properly made hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Tenant represents and warrants that it has not dealt with any broker or agent in the negotiation for or the obtaining of this Amendment, other than CB Richard Ellis-N.E. Partners (“ Broker ”), and agrees to reimburse, indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord, at Tenant’s sole cost and expense) and hold harmless the Landlord Indemnitees for, from and against any and all cost or liability for compensation claimed by any such broker or agent, other than Broker, employed or engaged by it or claiming to have been employed or engaged by it. Broker is entitled to a leasing commission in connection with the making of this Amendment, and Landlord shall pay such commission to Broker pursuant to a separate agreement between Landlord and Broker.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The entire authorized capital stock of the Company consists solely of (i) 45,000,00 shares of Class A Common Stock, of which 12,019,806 shares are issued and outstanding, as of June 30, 2017, (ii) 5,000,000 shares of Class B Common Stock, of which 186,513 shares are issued and outstanding, as of June 30, 2017, and (iii) 10,000,000 shares of preferred stock, none of which are issued and outstanding.

assistant: Capitalization
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 binding upon and inure to the benefit of the Parties and their successors and permitted assigns. The rights of a Party under this Agreement shall not be assignable by such Party prior to the Closing without the written consent of the other Parties.

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 amends, restates and replaces the Existing Credit Agreement, but does not extinguish the Obligations outstanding under the Existing Credit Agreement or otherwise discharge or release any Loan Party from its obligations (including the Obligations, as defined in the Existing Credit Agreement) arising thereunder, the Liens of Agent created thereby or the priority of any pledge, security agreement or any other security therefor. Nothing herein contained shall be construed as a substitution or novation of the Obligations outstanding under the Existing Credit Agreement or any agreements, documents or instruments securing the same, which shall remain in full force and effect, except as expressly modified hereby or by instruments executed concurrently herewith.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notices and all other communications under this Agreement shall be in writing and shall be deemed given when mailed by United States registered or certified mail, return receipt requested, postage prepaid, addressed as follows: if to the Company, to the principal headquarters of the Company, attention: General Counsel; and if to Employee, to Employee's most recent address in the Company's records; or, in each respective case, to such other address as either Party may furnish to the other in writing, except that notices of changes of address shall be effective only upon receipt.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any disputes arising under or in connection with this Agreement shall be resolved by binding arbitration, to be held in New York, New York in accordance with the Employment Arbitration Rules, as amended from time to time, of the American Arbitration Association (the “AAA”). Brixmor and Executive will each select an arbitrator, and a third arbitrator will be selected jointly by the arbitrators selected by Brixmor and Executive within 15 days after demand for arbitration is made by a Party. If the arbitrators selected by the Brixmor and Executive are unable to agree on a third arbitrator within that period, then either the Brixmor or Executive may request that the AAA select the third arbitrator. The arbitrators will possess substantive legal experience in the principal issues in dispute and will be independent of Brixmor and Executive. To the extent permitted by applicable law and not prohibited by Brixmor’s certificate of incorporation and bylaws, the Parties shall equally bear the fees and expenses of the arbitrators and the AAA and the Parties shall bear their own costs and attorneys’ fees. Except as may otherwise be agreed in writing by the Parties or as ordered by the arbitrators upon substantial justification shown, the hearing for the dispute will be held within 60 days of submission of the dispute to arbitration. The arbitrators will render their final award within 30 days following conclusion of the hearing and any required post-hearing briefing or other proceedings ordered by the arbitrators. The arbitrators will state the factual and legal basis for the award. The decision of the arbitrators will be final and binding, subject to judicial review as permitted by law, and final judgment may be entered upon such an award in any court of competent jurisdiction, but entry of such judgment will not be required to make such award effective. Notwithstanding the foregoing, claims brought by Brixmor under Section 7 may be brought in any state or federal court of competent jurisdiction where there is proper venue, and Executive agrees and submits to the exclusive jurisdiction of any such court for such claims.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT (INCLUDING THE ARBITRATION PROCEDURE REFERENCED IN Section 9.13 ) SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF NEW YORK, INCLUDING ITS STATUTE OF LIMITATIONS, WITHOUT GIVING EFFECT TO ANY CONFLICTS OF LAW PRINCIPLES OR OTHER RULES THAT WOULD RESULT IN THE APPLICATION OF THE LAWS OF A DIFFERENT JURISDICTION.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the State did not “suppress!]” the latter notation, the Alabama Court of Criminal Appeals, by pronouncing that there was no record evidence to support the argument that the evidence was “exculpatory,” necessarily concluded that the evidence was not “favorable.” See, e.g., Strickler, 527 U.S. at 281-82, 119 S.Ct. 1936 (noting that “the evidence at issue must be favorable to the accused, either because it is exculpatory, or because it is impeaching”). In light of the AEDPA, the court finds that the Alabama Court of Criminal Appeals’ determination that the record was devoid of factual support to substantiate Davis’ arguments as to the two handwritten notations must be presumed correct by this court. See 28 U.S.C. § 2254(e); Little v. Johnson, 162 F.3d 855, 862 (5th Cir.1998) (<HOLDING>). To rebut the presumption of correctness, Options: A. holding that a district courts rejection of an argument for an inappropriate reason was error B. holding that state courts in construing and interpreting state law are not bound by the decisions of federal courts C. holding that federal courts are bound by state interpretations of state law D. holding that a 2254 court was bound by the state courts rejection of the petitioners factual assertions that evidence was suppressed E. holding federal courts are bound by state court determinations of state law

assistant: The best answer is D. holding that a 2254 court was bound by the state courts rejection of the petitioners factual assertions that evidence was suppressed
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: If the Merger is not consummated on or prior to January 9, 2017 (or as extended by mutual agreement of the parties hereto), this Agreement shall terminate and be of no further force and effect.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you represent that you own or have secured all legal rights necessary for the content submitted by you to be used by you , duolingo , and others as described and otherwise contemplated in these terms and conditions .

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: this distinction, Justice Stevens emphasized that the rale in that case “expressly and unambiguously applie[d] not only to claims based on New York law but also to claims based on federal law or the law of any other State.” Id. at 432, 130 S.Ct. 1431. Here, the prohibition on class-action litigation only applies to claims brought under the Kentucky Wage and Hour Act, and it appears within the same statutory provision that creates the private cause of action. KRS § 337.385(2). Thus, as three district courts have concluded, we assume without deciding that the Kentucky statute’s purported prohibition against class-action litigation is substantive for the purposes of the Rules Enabling Act. See Williams, 199 F.Supp.3d at-, 2016 WL 4184026, at *6-7, 2016 U.S. Dist. LEXIS 104001, at *19-22 (<HOLDING>); Green, 2015 U.S. Dist. LEXIS 171647, at Options: A. holding that in the rule 23 class action context named plaintiff may appeal a denial of class certification even if his or her individual claims had been satisfied through the entry of judgment B. holding that rules allowing multiple claims to be litigated together including rule 23 are categorically valid under the rules enabling act C. holding that tolling applies to a subsequent class action when the prior denial of class certification was based solely on rule 23 deficiencies of the putative representative D. holding that federal court sitting in diversity should apply fed r crv p 4 rather than conflicting state rule because federal rule was consistent with rules enabling act E. holding that krs 3373852 prevents class certification under rule 23 in federal court because of the rules enabling act

assistant: The best answer is E. holding that krs 3373852 prevents class certification under rule 23 in federal court because of the rules enabling 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 legal provision and list the applicable contract clause categories. Provision: Each of the Parties will use all commercially reasonable efforts to take all action and to do all things necessary, proper, or advisable in order to consummate and make effective the transactions contemplated by this Agreement (including satisfaction, but not waiver, of the closing conditions set forth in Article 5 below). Except as specifically required by this Agreement, the Parties shall not knowingly take any action, or knowingly refrain from taking any action, the effect of which would be to delay or impede the ability of the Parties to consummate the transactions contemplated by this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: We represent and warrant that our services will be performed in good faith in a professional and workmanlike manner with professional diligence and skill appropriate to our industry and responsibility. We further represent and warrant that we are not under any pre-existing obligation in conflict or in any way inconsistent with the provisions of this Engagement Letter. We represent and warrant that our performance of all of the terms of this Engagement Letter will not breach any agreement to keep in confidence proprietary information that we have acquired in confidence or in trust prior to this Engagement Letter. We make no other representations or warranties.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you shall be responsible for the cost of repair for damage to , or necessary cleaning of , third party provider vehicles and property resulting from use of the services under your account in excess of normal `` wear and tear '' damages and necessary cleaning ( `` repair or cleaning '' ) .

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: A Party seeking recovery under this Article 13 (the “ Indemnified Party ”) with respect to a Claim shall give prompt written notice to the Party from which indemnification is sought (the “ Indemnifying Party ”), and shall permit the Indemnifying Party to control any litigation relating to such Claim and the disposition of such Claim; provided that the Indemnifying Party shall: (a) act reasonably and in good faith with respect to all matters relating to the settlement or disposition of such Claim as the settlement or disposition relates to such Indemnified Party; and (b) not settle or otherwise resolve such claim without the prior written consent of such Indemnified Party (which consent shall not be unreasonably withheld, conditioned or delayed). Each Indemnified Party shall cooperate with the Indemnifying Party in its defense of any such Claim in all reasonable respects and shall have the right to be present in person or through counsel at all legal proceedings with respect to such Claim. For the avoidance of doubt, no Party shall be required to admit fault or liability under any circumstances.

assistant: Indemnifications