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: This Agreement may not be assigned by the Company (whether by operation of law or otherwise) without the prior written consent of the Required Purchasers; provided, however, that in the event that the Company is a party to a merger, consolidation, share exchange or similar business combination transaction in which the Common Stock is converted into the equity securities of another Person, from and after the effective time of such transaction, such Person shall, by virtue of such transaction, be deemed to have assumed the obligations of the Company hereunder, the term “Company” shall be deemed to refer to such Person and the term “Registrable Securities” shall be deemed to include the securities received by the Purchasers in connection with such transaction unless such securities are otherwise freely tradable by the Purchasers after giving effect to such transaction.

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: Each party’s obligations under this Subsection 1.13 shall survive the resignation or replacement of Administrative Agent or any assignment of rights by, or the replacement of, a Lender, the termination of the Loan Commitments and the repayment, satisfaction or discharge of all obligations under any Loan Document.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to be interpreted very broadly. United States v. Whiting Pools, Inc., 462 U.S. 198, 103 S.Ct. 2309, 76 L.Ed.2d 515 (1983). Hence, when a corporation becomes the subject of a bankruptcy case, its insurance policies become property of the bankruptcy estate. See, e.g., A.H. Robins Co., 788 F.2d at 1001; In re Davis, 730 F.2d 176, 184 (5th Cir.1984); Johns Manville Corp. v. Asbestos Litig. Group (In re Johns-Manville Corp.), 40 B.R. 219, 230-31 (S.D.N.Y.1984). Generally, the estate’s property interest in the proceeds of a typical liability policy is an unstated given. First Central Financial, supra. In most situations this is entirely understandable, since the debtor is also the beneficiary of the liability insurance coverage. Id. But the question of who owns the proceeds of a li z.1990) (<HOLDING>); In re Minoco Group of Cos., Ltd., 799 F.2d Options: A. holding that because proceeds of a letter of credit were not secured by estate collateral the proceeds were not property of the estate B. holding that existence of indemnity coverage notwithstanding that debtor had paid any such claims on behalf of principals operated nevertheless to bring proceeds into estate in order to avoid diminution of assets C. holding that existence of entity coverage was sufficient to bring proceeds into estate notwithstanding absence of claim against debtor corporation D. holding that because no claims had been filed against the debtor existence of entity coverage did not make proceeds property of the estate E. holding that the proceeds of a liability insurance policy were not property of the estate

assistant: The best answer is B. holding that existence of indemnity coverage notwithstanding that debtor had paid any such claims on behalf of principals operated nevertheless to bring proceeds into estate in order to avoid diminution of assets
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: no exhibits for trial. It appears that the evidence at trial would have mainly consisted of Azimi's own testimony, rather than documentary evidence that might have required sustained visual concentration. 19 . McCracken v. State, 518 P.2d 85, 90 (Alaska 1974). The provision of publicly-funded counsel in some child custody, parental termination, and involuntary commitment cases is a notable exception to this rule. See, eg., AS 47.30.725(d) (providing right to counsel before involuntary commitment for mental health treatment); Wetherhorn v. Alaska Psychiatric Inst., 156 P.3d 371, 383 (Alaska 2007) (Alaska Constitution's due process clause guarantees counsel in involuntary commitment and administration of psychotropic medication proceedings); Flores v. Flores, 598 P.2d 893 (Alaska 1979) (<HOLDING>). 20 . Sparks v. Gustafson, 750 P.2d 338, 341 Options: A. holding that a parent has a right of custody by reason of that parents ne exeat right the authority to consent before the other parent may take the child to another country B. holding that an indigent party has the right to courtappointed counsel in a private child custody proceeding in which the other parent is represented by counsel provided by a public agency C. holding that an indigent defendant cannot have a fair trial without being provided counsel D. holding that an indigent litigants right to appointed counsel has been recognized to exist only where she may be deprived of her physical liberty that the constitution does not require the appointment of counsel for indigent parents in every parentalstatus termination proceeding and that the decision whether due process calls for the appointment of counsel is to be answered in the first instance by the trial court subject to appellate review E. holding that a defendant has right to be represented by counsel in all criminal trials for serious offenses

assistant: The best answer is B. holding that an indigent party has the right to courtappointed counsel in a private child custody proceeding in which the other parent is represented by counsel provided by a public agency
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 may be executed in two or more counterparts, and by each of the Parties in separate counterparts, all of which shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this Agreement by electronic transmission shall be as effective as delivery of a manually executed counterpart of this Agreement. If this Agreement is translated into another language, the English language text shall in any event prevail.

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: that in order to subject a defendant to a judgment in person-am, if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice. Id. (quotations omitted). 19 . Ch. 16, § 1, SLA 1960. 20 . Ch. 87, § 1, SLA 1968. 21 . The intended reach of the long-arm statute is as broad as is permitted under the due process clause of the Fourteenth Amendment. Alaska Telecom, Inc. v. Schafer, 888 P.2d 1296, 1299 (Alaska 1995). 22 . AS 09.05.015(a). 23 . This language was originally in Civil Rule 4(e)(2). Alaska Supreme Court Order No. 49 (January 1, 1963). In 1979 the language was moved to Civil Rule 4(d)(12), where it still resides. Alaska Suprem al.App.2004) (<HOLDING>). 39 . An illustrative case is Filet Menu, Inc. Options: A. holding that californias tolling statute could not constitutionally be applied to a nonresident entering into a sales transaction with a resident since the nonresident was engaged in interstate commerce B. holding that because dr medeiros a former california resident moved to texas to take a new job in 1998 thereby engaging in interstate commerce the tolling statute could not be applied under bendix C. holding that the ohio tolling statute could not be constitutionally applied to a person who had moved out of ohio to take a job in pennsylvania since intersiate commerce is affected when persons move between states in the course of or in search for employment D. holding that a missouri tolling statute was unconstitutional under the commerce clause in the situation where a resident defendant moved out of state E. holding that the defendants stipulation that the gun had moved in interstate commerce was sufficient evidence to support his conviction under 18 usc 922g1

assistant: The best answer is B. holding that because dr medeiros a former california resident moved to texas to take a new job in 1998 thereby engaging in interstate commerce the tolling statute could not be applied under bendix
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 at law or in equity by or before any Governmental Authority or other agency now pending or, to Loan Party’s knowledge, threatened against or affecting Mortgage Borrower, Borrower, Guarantor, any Loan Party, any Mortgage Loan Party, any Collateral or any Individual Property, which actions, suits or proceedings, if determined against Mortgage Borrower, Borrower, Guarantor, any Loan Party, any Mortgage Loan Party, any Collateral or any Individual Property, would reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: under the doctrine of respondeat superior.”)). ¶ 25 The liberal construction afforded workers’ compensation legislation exists because Arizona’s Workers’ Compensation Act is remedial legislation enacted to protect employees injured in the course of their employment. Hopkins, 176 Ariz. at 177, 859 P.2d at 800 (citing Goodyear Aircraft Corp. v. Indus. Comm’n, 62 Ariz. 398, 402-03, 158 P.2d 511, 513 (1945)). In fact, where doubt exists as to the proper construction, courts in workers’ compensation eases should adopt the construction that will best effectuate the purpose of compensating the claimant for his disability. Id. (citing Bonnin v. Indus. Comm’n, 6 Ariz.App. 317, 320, 432 P.2d 283, 286 (1967)); see also Aitken v. Indus. Comm’n, 183 Ariz. 387, 392, 904 P.2d 456, 461 (1995) (<HOLDING>). Consequently, in workers’ compensation cases, Options: A. recognizing that the waiver rule is procedural not jurisdictional and we may suspend it in our discretion citations omitted B. holding that the workers compensation act is to be liberally construed in the employees favor and any doubt in its construction is thus resolved in favor of the employee C. holding that where the existence of one or more of the essential elements of standing depends on the unfettered choices made by independent actors not before the courts and whose exercise of broad and legitimate discretion the courts cannot presume either to control or to predict it becomes the burden of the plaintiff to adduce facts showing that those choices have been or will be made in such manner as to produce causation and permit redressability of injury internal quotation marks and citations omitted D. recognizing that we have consistently applied workers compensation laws liberally remedially and in a manner insuring that injured employees receive maximum available benefits and the overriding theme of the system as evidenced by our constitution statutes and case law has been to preserve a claimants opportunity to be made whole to the fullest possible extentnothing more or less citations omitted E. holding that the workers compensation act is to be liberally construed and reasonable doubts as to construction are to be resolved in favor of coverage

assistant: The best answer is D. recognizing that we have consistently applied workers compensation laws liberally remedially and in a manner insuring that injured employees receive maximum available benefits and the overriding theme of the system as evidenced by our constitution statutes and case law has been to preserve a claimants opportunity to be made whole to the fullest possible extentnothing more or less citations omitted
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: During and after his employment, the Executive agrees to reasonably cooperate with the Company to (a) apply for, obtain, perfect and transfer to the Company the Work Product as well as any and all Intellectual Property Rights in the Work Product in any jurisdiction in the world; and (b) maintain, protect and enforce the same, including, without limitation, giving testimony and executing and delivering to the Company any and all applications, oaths, declarations, affidavits, waivers, assignments and other documents and instruments as shall be requested by the Company. The Executive hereby irrevocably grants the Company power of attorney to execute and deliver any such documents on the Executive’s behalf in his name and to do all other lawfully permitted acts to transfer the Work Product to the Company and further the transfer, prosecution, issuance and maintenance of all Intellectual Property Rights therein, to the full extent permitted by law, if the Executive does not promptly cooperate with the Company’s request (without limiting the rights the Company shall have in such circumstances by operation of law). The power of attorney is coupled with an interest and shall not be effected by the Executive’s subsequent incapacity.

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: in the record of any possible medical treatment that Monroe County or the individual defendants could have provided to save the life of the Decedent. Phillips argues in her brief that it is not necessary for her to prove chemotherapy would have saved the Decedent’s life. First, she refers to the fright and anxiety both she and the Decedent suffered because of the delay in chemotherapy. In this regard, Phillips confuses the causation issue. In a survival action, damages for the Decedent’s physical suffering and mental anxiety as a result of the alleged deprivation of medical care would have been appropriate. In a wrongful death context, however, no damages are available until the plaintiff has cleared the causation hurdle. See Wilks v. Am. Tobacco Co., 680 So.2d 839, 842 (Miss.1996) (<HOLDING>). Second, Phillips suggests that she need only Options: A. recognizing cause of action for wrongful death B. holding that plaintiffs failure to prove decedents death was caused by the wrongful acts of the defendant precludes any recovery of wrongful death damages under mississippis wrongful death statute C. holding unconstitutional a state wrongful death statute which denied illegitimate children the right to recover for the wrongful death of their mother D. holding that a failure to include a beneficiary in a wrongful death action is a defect because the wrongful death act restricts plaintiffs to a single action E. holding that mississippis wrongful death statute creates an independent cause of action

assistant: The best answer is B. holding that plaintiffs failure to prove decedents death was caused by the wrongful acts of the defendant precludes any recovery of wrongful death damages under mississippis wrongful death statute
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: from the hostile work environment complaint. ¶29. Thus, assuming that Hall voluntarily entered into the Agreement, nothing in the language of the Agreement, as discussed above, provides the trial court with a basis for finding that, as a matter of law, the Agreement unambiguously permitted Hall’s claims in this case. Rather, on remand, the trial court must consider whether the Agreement unambiguously precluded all or part of Hall’s remaining retaliation claim or whether the language of the Agreement is ambiguous as to its preclusive effect on all or part of that claim in light of the circumstances surrounding the making of the Agreement, thereby requiring the court to instruct a new jury to that effect. See Isbrandtsen v. N. Branch Corp., 150 Vt. 575, 579, 556 A.2d 81, 84 (1988) (<HOLDING>); see also Tilley v. Green Mt. Power Corp., 156 Options: A. holding that the court may consider collateral evidence of the circumstances surrounding the execution of the agreement in determining whether the language of the agreement is unclear and if the evidence presented is so plain that no reasonable person could hold any way but one then the court may interpret the meaning as a matter of law B. holding that trial court may consider circumstances surrounding making of agreement in determining whether agreement is ambiguous and noting that ambiguity exists when language of agreement in and of itself supports reasonable interpretation distinct from reasonable interpretation reached when language is read in light of surrounding circumstances C. holding that when relevant contract language is ambiguous interpretation is turned over to the factfinder D. holding that courts may consider extrinsic evidence including the circumstances surrounding the making of the contract in order to determine whether a contractual ambiguity exists E. holding that in determining whether a seizure has occurred a court must consider if in view of all of the circumstances surrounding the encounter a reasonable person would have believed that he or she was not free to leave

assistant: The best answer is B. holding that trial court may consider circumstances surrounding making of agreement in determining whether agreement is ambiguous and noting that ambiguity exists when language of agreement in and of itself supports reasonable interpretation distinct from reasonable interpretation reached when language is read in light of surrounding circumstances
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: 22 . Ch. 96, § 1, SLA 1975. 23 . Ch. 96, §2, SLA 1975, 09.55.275. codified as AS 24 . AS 09.55.275 ("An agency of the state or municipality may not acquire property located within a municipality exercising the powers [of condemnation] that results in a boundary change unless the agency or municipality first obtains from the municipal platting authority preliminary approval of a replat ....") (emphasis added). 25 . Gates v. City of Tenakee Springs, 822 P.2d 455, 460-61 (Alaska 1991) (citing Wickwire v. McFadden, 633 P.2d 278 (Alaska 1981)). 26 . Anchorage Municipal Charter art. IIL § 3.01; see also Area G Home & Landowners Org. v. Anchorage, 927 P.2d 728, 729 & n. 1 (Alaska 1996). 27 . Gates, 822 P.2d at 460-61. 28 . Alaska Legislative Council v. Knowles, 21 P.3d 367, 372 (Alaska 2001) (<HOLDING>) (citing Cenarrusa v. Andrus, 99 Idaho 404, 582 Options: A. holding that term must be read consistently throughout B. holding that policy terms must be read in their ordinary and popular sense C. holding that government contracts must be read as if they included clauses required by law D. holding that statutes must be read so as to give effect to all statutory language E. holding that related provisions should be read together

assistant: The best answer is A. holding that term must be read consistently throughout
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 any term, provision, covenant or restriction of this License is held by a court of competent jurisdiction or other authority to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of this License shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All of the direct and indirect subsidiaries of the Company are set forth on Exhibit 21.1 to the Company’s Annual Report on Form 10-K for the year ended January 31, 2019. The Company owns, directly or indirectly, all of the capital stock or other equity interests of each Subsidiary free and clear of any Liens, and all of the issued and outstanding shares of capital stock of each Subsidiary are validly issued and are fully paid, non-assessable and free of preemptive and similar rights to subscribe for or purchase securities. If the Company has no subsidiaries, all other references to the Subsidiaries or any of them in the Transaction Documents shall be disregarded.

assistant: Subsidiaries
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: vacancy); W. Va. Const, art. VII, § 8 (same).” Devlin, at 1238 n. 116. 40 . "... A more common method of granting effective power to the legislature is for the state constitution to provide that the governor may appoint subordinate officials only insofar as he is authorized to do so ‘by law’ or, alternatively, that the governor enjoys the power to appoint unless the legislature provides by law for some other methods of election or appointment of that official. See, e.g., Del. Const, art. Ill, § 9 (providing exception for vacancies that occur within two months of election); Ind. Const, art. 15, § 1 (appointments not provided for in constitution must be appointed as prescribed by law); Kan. Const, art. 15, § 1 (same); Me. Const, art. V, pt. 1, § 8 (same); Md. Const, art. II 4, 668 (1910) (<HOLDING>); see also Caldwell v. Bateman, 252 Ga. 144, Options: A. holding that employees grievance regarding the nonrenewal of his appointment was not precluded from grievance procedure as appointment referred only to initial appointment B. recognizing power of appointment does not rest exclusively in any one branch C. recognizing inherent power of courts of appeals D. recognizing that immigration policy is the clear purview of the legislative branch E. holding that a commission is a body with special and limited power and it can only exercise the power expressly or impliedly granted to it and any reasonable doubt of existence of any power must be resolved against the exercise thereof

assistant: The best answer is B. recognizing power of appointment does not rest exclusively in any one branch
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 sentence was correctly imposed under 18 U.S.C. § 3553. GWF’s and Ripps’ submitted Anders briefs are thus “for all practical purposes worthless.” Burnett, 989 F.2d at 105. Had GWF and Ripps been appointed by the court, we would remove them and order the appointment of new counsel. 18 U.S.C. § 3006A(c); Burnett, 989 F.2d at 105. However, they are retained counsel, and we believe that they should not be relieved unless appellants so desire. We direct the Clerk to inform Estrella and Baraga in writing, with a copy of this opinion, of their right to continue to retain GWF and Ripps respectively as their counsel, to proceed pro se, or to retain new counsel, or, if they cannot afford new counsel, to have one appointed by the court pursuant to 18 U.S.C. § 3006A. Cf. Zuluaga, 981 F.2d at 75 (<HOLDING>). Estrella and Baraga have been notified of Options: A. recognizing a defendants right to dismiss retained counsel in favor of appointed counsel B. holding that the defendants prior conviction was not obtained in violation of his right to counsel because he had the opportunity for appointed counsel at public expense C. recognizing that the statutory right to counsel in parental termination cases requires that the appointed counsel provide effective assistance D. holding in situation of appointed counsel that if nonfrivolous issues may exist new counsel must be appointed E. holding that in determining whether there exists a valid waiver of the right to counsel in the criminal setting the court may consider a defendants lack of good faith in working with appointed counsel including an unreasonable refusal to cooperate with counsel or an unreasonable request for substitution of appointed counsel and the timeliness of defendants request for new counsel particularly when a defendant makes an untimely request for new counsel under circumstances which are likely to result in a continuance

assistant: The best answer is D. holding in situation of appointed counsel that if nonfrivolous issues may exist new counsel must be appointed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and properly focus on those circumstances that are ‘relevant,’ and in particular on any circumstances that may be ‘determinative.’ ” (citations omitted)); Massie v. United States, 226 F.3d 1318, 1321 (Fed.Cir.2000) (“As a waiver of sovereign immunity, the EAJA is interpreted narrowly. But this is not a talisman for permitting the [Gjovernment to avoid liability in all cases.”). The Government has the burden to demonstrate that its position was substantially justified. See Scarborough, 541 U.S. 401 at 414, 124 S.Ct. 1856, 158 L.Ed.2d 674 (“The burden of establishing ‘that the position of the United States was substantially justified,’ ... must be shouldered by the Government.” (citations omitted)); see also RAMCOR Servs. Group v. United States, 185 F.3d 1286, 1290 (Fed.Cir.1999) (<HOLDING>). The term “ ‘position of the United States’ Options: A. holding that the statute is mandatory B. holding that for the administrative position of the government to be substantially justified it must have a reasonable basis both in law and fact C. holding that the burden is on the plaintiff D. holding that although the eaja is not a mandatory feeshifting device the burden is on the government to prove that the litigation and agency position was reasonable in law and fact E. holding that the governments position must have a reasonable basis in both law and fact citations omitted

assistant: The best answer is D. holding that although the eaja is not a mandatory feeshifting device the burden is on the government to prove that the litigation and agency position was reasonable in law and fact
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Capitalized terms used herein that are not otherwise defined shall have the respective meanings ascribed thereto in the Agreement of Definitions, dated as of April 15, 2019, by and among the Issuing Entity, as issuer, NILT Trust, as Grantor and UTI Beneficiary, the Titling Trust, NMAC, in its individual capacity, as Servicer and as administrative agent (in such capacity, the “ Administrative Agent ”), NALL II, the Titling Trustee, the Delaware Trustee, the Owner Trustee, the Trust Agent and the Indenture Trustee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any provision hereof to the contrary, no Transfer of a Capital Commitment Interest in the Partnership may be made except in compliance with the Partnership Act, the laws of the Cayman Islands and all U.S. federal, state and other applicable laws, including U.S. federal and state securities laws.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: en banc proceedings because "Congress amended [18 U.S.C. § 2252] in 2008, effectively broadening [its] jurisdictional language,” Maj. Op. at 599 n. 18, the fact remains that the statute, as currently written, continues to utilize the phrase "visual depiction.” Thus, Schaefer and the instant case will, until revisited and reversed by the entire court, continue to impact future child pornography prosecutions in this circuit. 10 . Although the government presented evidence of three other video images in support of the distribution charge, it is unnecessary for me to determine whether the government’s evidence sufficiently established that those images also traveled in interstate or foreign commerce. See Griffin v. United States, 502 U.S. 46, 56-57, 112 S.Ct. 466, 116 L.Ed.2d 371 (1991) (<HOLDING>) (internal quotation marks omitted). 11 . Options: A. holding that when an indictment charges several acts in the conjunctive the verdict stands if the evidence is sufficient with respect to any one of the acts charged B. holding that when an indictment charges several acts conjunctively under a statute which subjects several alternative acts to the same punishment the government need only prove violation of one of the alleged acts to prove violation of the statute C. holding that for purposes of 18 usc 924c1 the law is well established that where an indictment charges in the conjunctive several means of violating a statute a conviction may be obtained on proof of only one of the means D. holding although indictment may allege manner and means of committing offense in the conjunctive jury may be charged in the disjunctive and a conviction on any method alleged will be upheld if the evidence supports it E. holding that an indictment gave sufficient notice when the indictment charged the elements of the offense

assistant: The best answer is A. holding that when an indictment charges several acts in the conjunctive the verdict stands if the evidence is sufficient with respect to any one of the acts charged
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort, or otherwise, shall also be governed by the laws of the State of Washington without regard to choice of law considerations.

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: Id. We found that the child’s credibility “became increasingly unimpeachable as each adult added his or her personal eloquence, maturity, emotion, and professionalism to [the child’s] out-of-court statements,” so that the “presumption of innocence was overcome long before [Stone] got to the stand.” Id. at 540. Stone is distinguishable from this case. Here, C.S.’s statements were repeated by Douglas, Callen, and Renz, and the videotaped interview with Detective McClain was played. However, C.S. was the first witness to testify and was subject to cross examination. Moreover, Douglas, Callen, and Renz’s testimony was brief, consistent with, and did not elaborate upon C.S.’s testimony. We conclude that any error was harmless. See, e.g., Craig v. State, 630 N.E.2d 207, 211-212 (Ind.1994) (<HOLDING>); McGrew v. State, 673 N.E.2d 787, 796 Options: A. holding that the improper admission of hearsay testimony from two witnesses whose testimony was brief and consistent with the victims testimony did not constitute drumbeat repetition of the victims statements B. holding that causal nexus did not exist where there was no evidence that the disclosure had an impact on the testimony of witnesses C. holding that the impact upon the victims is relevant to circumstances of the crime D. holding harmless the improper admission of a social workers hearsay testimony concerning a childs report of sexual abuse where the credibility of the childs testimony was supported by other witnesses E. holding that the improper admission of hearsay testimony of two witnesses that confirmed but did not elaborate upon the victims testimony would have had only minor impact on the jury because there was little to undermine the victims credibility

assistant: The best answer is E. holding that the improper admission of hearsay testimony of two witnesses that confirmed but did not elaborate upon the victims testimony would have had only minor impact on the jury because there was little to undermine the victims credibility
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: such content may not be downloaded , copied , reproduced , distributed , transmitted , broadcast , displayed , sold , licensed , or otherwise exploited for any other purpose whatsoever without the prior written consent of youtube or , where applicable , youtube 's licensors .

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: here that the requirements of an amendment of the plan were not satisfied. Therefore, Siegel does not offer support to defendant’s position in this case. 4 . Defendant explicitly declined to argue, both in its brief and at oral argument, that the ACF amended the Policy. In other cases, defendants have argued that non-policy documents were enforceable as amendments, see, e.g., Siegel, 702 F.3d at 1048-49, but in this case, the amendment provision requires any amendment to be "endorsed on, or attached to, the Policy.” (Ex. A to Horbatiuk Aff. at LINA 1242.) Plaintiff did not receive the ACF until discovery, despite earlier requests for his entire claim file, and defendant has not attempted to show that the ACF complied with the amendment rule. See Francis, 2011 WL 4102143, at *4 (<HOLDING>); see also Heim v. Life Ins. Co. of N. Am., No Options: A. holding that standing at inception of the suit was not established where the note attached to the complaint was not made payable to the plaintiff and contained no endorsement even though the original note endorsed in blank was introduced at trial B. holding in the alternative that the acf was unenforceable because it was neither attached to nor endorsed on the policy C. holding that neither the ada nor the rehabilitation act applies to prison employment D. holding that neither a letter from the eeoc nor an attached charge of age discrimination qualified as a claim under a claimsmade policy because the documents failed to request money or other relief and only served to put the plaintiff on notice that a demand for relief may subsequently follow E. holding that the defendants contention was waived because it was supported neither by cogent argument nor citation to authority

assistant: The best answer is B. holding in the alternative that the acf was unenforceable because it was neither attached to nor endorsed on the policy
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 Texas without giving effect to its conflict of law principles. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you reside outside of the united states and the people 's republic of china ( which for purposes of these terms does not include hong kong , macau and taiwan ) ( hereinafter `` china '' ) , you are contracting with airbnb ireland uc ( `` airbnb ireland '' ) , the watermarque building , south lotts road , ringsend , dublin 4 , ireland .

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: and of no effect. Wilson, 800 S.W.2d at 836-37; All Commercial Floors, Inc., 97 S.W.3d at 726; Laidlaw Waste Sys., Inc. v. Wallace, 944 S.W.2d 72, 74 (Tex.App.-Waco 1997, writ denied). A retur signed by “Guillermo,” with an apparent last name of Montes. Jesus Morales is the individual designated to receive service for Southwestern Security Services, Inc. Just as in Pharmakinetics Laboratories, Inc., the record on its face shows that the return was not signed by the addressee or registered agent. All Commercial Floors, Inc., 97 S.W.3d at 726-27. We recognize that a corporation is not a person capable of accepting process, and it must be served through its agents. Id. at 727; see Wohler v. La Buena Vida in Western Hills, Inc., 855 S.W.2d 891, 892 (Tex.App.-Fort Worth 1993, no writ) (<HOLDING>); Curry Motor Freight, Inc. v. Ralston Purina Options: A. holding that transaction was contemporaneous where something of value was given in reliance on delivery of check even though check was delivered one day after goods were received B. holding that arbitrators were not guilty of misconduct by receiving evidence from one party and using it in their deliberations when it was not properly before them C. holding that delivery of possession of vehicle without delivery of certificate of title did not transfer ownership even though full payment had been received D. holding that local delivery drivers operate in interstate commerce when they drive vehicles loaded with goods that were shipped to texas from another state temporarily stored at a warehouse in texas then delivered to a texas customer via local delivery drivers E. holding that delivery of citation is proper when delivered to a party capable of receiving it

assistant: The best answer is E. holding that delivery of citation is proper when delivered to a party capable of receiving 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 legal provision and list the applicable contract clause categories. Provision: Except as expressly provided herein, neither Party may, without the prior written consent of the other Party, sell, transfer, assign, delegate, pledge, subcontract or otherwise dispose of, whether voluntarily, involuntarily, by operation of law or otherwise, this Agreement or any of its rights or duties hereunder; provided, however, that (a) Intercept may, without such consent, assign this Agreement and its rights and obligations hereunder to an Affiliate, (b) Intercept may, without such consent, assign its rights and delegate its obligations under this Agreement in respect of Supplied Materials to the purchaser or sublicensee of Intercept’s rights in and to such Supplied Materials or the relevant Product, (c) PharmaZell may, without such consent, assign this Agreement and its rights and obligations hereunder to one or more Affiliates, and (d) either Party may, without such consent, assign this Agreement and its rights and obligations hereunder to the purchaser of all or substantially all of its assets or to any successor entity or acquirer in the event of a merger, consolidation or change in control of such Party. Any attempt to assign, transfer, subcontract or delegate any portion of this Agreement in violation of this Section 10.11 shall be null and void. In the event either Party assigns all of its rights and delegates all of its obligations under this Agreement to another Person in accordance with the terms hereof and the assignee/delegee acquires all rights and assumes all obligations of its assignor/delegor under this Agreement, then the assignor/delegor shall cease to be a party to this Agreement or to have any rights or obligations under this Agreement from and after the effective date of such assignment or delegation. Except as provided in the preceding sentence, no assignment or delegation shall relieve the assignor or delegor of any of its obligations hereunder.

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 case excerpt and choose the best holding from the options. Case excerpt: second-hand clothing while buying herself new clothes, Vettel spends little quality time with R.J., and Vettel infrequently washes R.J.’s clothing. [¶ 26] There is no dispute Vettel remarried and relocated with R.J. from Jamestown to Bismarck and these facts may constitute a material change in circumstances. See Dietz, 2007 ND 84, ¶ 13, 733 N.W.2d 225. However, to establish a prima facie case, Jensen had to provide competent evidentiary facts showing these changes compel a change in residential responsibility because they adversely affect the child. See Blotske, 487 N.W.2d at 609; Alvarez, 524 N.W.2d at 589. Most of Jensen’s significant allegations are conclusory or lack firsthand knowledge and may not be considered as competent evidence. See Thompson, 2012 ND 15, ¶ 6, 809 N.W.2d 331 (<HOLDING>). Although Jensen has provided multiple Options: A. holding that the verdict must be sustained if there is any competent evidence to support the verdict B. holding that affidavits must set forth facts admissible in evidence and explain its conclusions C. holding that district court properly refused to rely on affidavits to the extent that they contained only legal conclusions D. holding affidavits must include competent evidence and affidavits are not competent if they fail to show a basis for actual person knowledge or if they state conclusions without the support of evidentiary facts E. holding that unsupported affidavits setting forth ultimate or conclusory facts and conclusions of law are insufficient to either support or defeat a motion for summary judgment

assistant: The best answer is D. holding affidavits must include competent evidence and affidavits are not competent if they fail to show a basis for actual person knowledge or if they state conclusions without the support of evidentiary facts
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: by any of the Defendants who participated in the disciplinary hearing process, and thus, their bald assertion that Appellees Paul Zuckerman and Jonathan Raskin were not impartial is insufficient to state a claim. See Ashcroft v. Iqbal, — U.S. —, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (“To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007))). To the extent the Plaintiffs assert that the disciplinary committee deviated from the proper regulations, their conclusory allegations fail to support a plausible inference that the proceedings were unfair. Winnick, 460 F.2d at 550 (<HOLDING>). Accordingly, the district court properly Options: A. holding that physical assaults did not rise to the level of persecution where they did not requirfe medical attention B. holding that alleged violations of a state statute did not give rise to federal constitutional claims C. holding that fundamental fairness is flexible and calls for such procedural protections as the particular situation demands D. holding that universitys deviations from procedural guidelines did not rise to constitutional proportions particularly where they were minor deviations and did not affect the fundamental fairness of the hearing E. recognizing that if a guidelines error did not affect the district courts selection of the sentence imposed the sentence should be affirmed

assistant: The best answer is D. holding that universitys deviations from procedural guidelines did not rise to constitutional proportions particularly where they were minor deviations and did not affect the fundamental fairness of the hearing