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: in which a miscarriage' of justice would otherwise result” (internal quotation omitted)). 1 23 V.I.C. § 160: Reciprocal Recognition of Out-of-State Licenses Section 460 states, in pertinent part, that the Virgin Islands shall recognize a firearms license validly issued by another state or territory and “shall allow the [licensee] to exercise all of the privileges in connection therewith.” 23 V.I.C. § 460. Courts have characterized this provision as a “statutory exception to the firearm license requirement” and acknowledged, albeit implicitly, that it provides an affirmative defense to a charge for unauthorized possession of a firearm. See United States v. McKie, 112 F.3d 626, 631 (3d Cir.1997); Toussaint v. Gov’t of the Virgin Islands, 301 F.Supp.2d 420, 423-24 (D.Vi.2004) (<HOLDING>). To be entitled to an instruction on an Options: A. holding that fair use is an affirmative defense B. recognizing laches as an affirmative defense C. holding that the running of the statute of limitations is an affirmative defense D. holding that 460 is an affirmative defense to 2253a E. holding that laches is an affirmative defense

assistant: The best answer is D. holding that 460 is an affirmative defense to 2253a
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 Loan Parties owns or has the right to use, under valid license agreements or otherwise, all patents, licenses, franchises, trademarks, trademark rights, service marks, service mark rights, trade names, trade name rights, trade secrets and copyrights (collectively, “ Intellectual Property ”) necessary to the conduct of its businesses in all material respects, without known conflict with any patent, license, franchise, trademark, trademark right, service mark, service mark right, trade secret, trade name, copyright, or other proprietary right of any other Person, which conflict could reasonably be expected to have a Material Adverse Effect. No material claim has been asserted by any Person with respect to the use of any such Intellectual Property by any Loan Party or challenging or questioning the validity or effectiveness of any such Intellectual Property. The use of such Intellectual Property by the Loan Parties does not infringe on the rights of any Person, subject to such claims and infringements that do not, in the aggregate, give rise to any liabilities on the part of any Loan Party that could reasonably be expected to have a Material Adverse Effect.

assistant: Intellectual Property
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: we are not responsible in any way for : ( a ) the availability of , ( b ) the privacy practices of , ( c ) the content , advertising , products , goods or other materials or resources on or available from , or ( d ) the use to which others make of these other websites or services .

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: two percipient witnesses questioned denied seeing marijuana. The only remaining peg on which to hang the warrant is Brown’s claim to have smelled marijuana on DeLeon’s property. But there was no finding that Brown was qualified to recognize the odor of growing marijuana, which doubtlessly differs from the odor of cured or burning marijuana. To the extent that the Supreme Court’s dictum in Johnson v. United States, 333 U.S. 10, 68 S.Ct. 367, 92 L.Ed. 436 (1948), can be any guide, it clearly states that odors can be the basis for probable cause if a magistrate “finds the affi-ant qualified to know the odor, and it is one sufficiently distinctive to identify a forbidden substance.” Id. at 13, 68 S.Ct. at 369 (emphasis added). See also United States v. Pond, 523 F.2d 210, 212 (2d Cir.1975) (<HOLDING>) (emphasis added), cert. denied, 423 U.S. 1058, Options: A. holding that smell alone may justify issuance of a warrant if the affiant is qualified to know the odor and the odor is distinctive B. holding in the context of vehicular searches that the fact that cm agent familiar with the odor of marijuana smelled such an odor emanating from an automobile alone was sufficient to constitute probable cause for a subsequent search for marijuana C. holding that although pcp has no odor because streetlevel pcp is mixed with other substances that have a distinct odor an officers recognition of that odor was sufficient to establish probable cause D. holding odor of burnt marijuana and drug dogs hit on car were sufficient to justify search E. holding that because marijuana has a distinct smell the odor of marijuana alone can satisfy the probable cause requirement to search a vehicle or baggage

assistant: The best answer is A. holding that smell alone may justify issuance of a warrant if the affiant is qualified to know the odor and the odor is distinctive
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: correctional officials must be given “substantial discretion to devise reasonable solutions to the problems they face,” id., and that “courts must defer to the judgment of correctional officials unless the record contains substantial evidence showing their policies are an unnecessary or unjustified response to the problems of jail security,” id. at 1513-14. Here, as in Florence, SCCF’s policy of strip searching inmates leaving the prison to appear in court was reasonably related to legitimate penological interests. As the District Court found, the searches prevented inmates from smuggling weapons or contraband' out of prison that could harm prison security guards, transporting offi cers, court personnel, or even members of the public. See Goff v. Nix, 803 F.2d 358, 368 (8th Cir.1986) (<HOLDING>). Further evidence of SC.CF’s penological Options: A. holding that a prisons policy of strip searching inmates who are leaving did not violate their fourth amendment rights and noting in particular that the public nature of courts and the frequently crowded surroundings make the presence of a weapon that the inmate has managed to smuggle with him particularly dangerous B. holding that inmates fourth amendment protection from unreasonable strip searches survives hudson C. recognizing that the application of fourth amendment rights are personal in nature and are invariably intertwined with the concept of standing D. holding strip searches conducted in the station house without reasonable suspicion that minor offenders had possession of contraband are unreasonable and violate the fourth amendment E. holding that policy requiring strip searches of prisoners prior to transfer did not violate fourth amendment

assistant: The best answer is A. holding that a prisons policy of strip searching inmates who are leaving did not violate their fourth amendment rights and noting in particular that the public nature of courts and the frequently crowded surroundings make the presence of a weapon that the inmate has managed to smuggle with him particularly dangerous
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 terminate with the mutual written consent of (i) the Company, (ii) the Onex Stockholders and (iii) holders of a majority of the Common Stock and Option Stock held by the Minority Stockholders. The rights and obligations of a Stockholder under this Agreement shall terminate at such time as such Stockholder no longer owns any shares of Company Stock.

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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 333 U.S. 424 68 S.Ct. 487 92 L.Ed. 783 MOGALLv.UNITED STATES. No. 48. Argued Oct. 16, 1947. Decided March 8, 1948. Mr. Rudolph F. Becker, Jr., of New Orleans, La., for petitioner. Mr. W. Marvin Smith, of New Orleans, La., for the United States. PER CURIAM. 1 Petitioner and his employee, one Perniciaro, were jointly indicted and tried on the charges contained in an eight-count indictment. The defendants were acquitted under Counts 1 to 7, the first of which charged petitioner and Perniciaro with conspiring for the purpose of enabling Perniciaro to evade military service by failing to make known to the draft board facts which might have resulted in Perniciaro being placed in a different draft classification. The defendants were convicted under Count 8, however, which charged petitioner and Perniciaro with failing to report facts in writing to the local draft board which might have resulted in Perniciaro being placed in a different draft classification, contrary to § 11 of the Selective Training and Service Act of 1940, 54 Stat. 894, 50 U.S.C.Appendix, § 311, 50 U.S.C.A.Appendix, § 311, and § 626.1(b) of the Selective Service Regulations. 2 The Government now concedes that the Selective Service Regulations imposed no legal obligation upon petitioner, as an employer of a registrant under the Selective Training and Service Act, to make such reports to the local board. It is also conceded that petitioner was tried and convicted upon the assumption that he was under such a legal obligation. We agree that the plain language of the Regulation and the record of this case support these conclusions. 3 The Government urges that although the judgment of conviction against petitioner should be reversed, the indictment should not be dismissed since the prosecution may wish to try petitioner a second time on the charges contained in Count 8, as an aider and abettor. 4 There is no showing of facts sufficient for us to pass judgment on the question. Accordingly, we intimate no opinion on the propriety of this procedure or the issues which it might present. See Sealfon v. United States, 1948, 332 U.S. 575, 68 S.Ct. 237. Those questions will be open in the District Court on our remand of the cause. 5 Reversed.

assistant: 1
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: though it was later reinstated, rises to the level of an adverse employment action. White v. Burlington N. & Santa Fe Ry. Co., 364 F.3d 789, 802 (6th Cir. 2004) (en banc), cert. granted in part, - U.S.-, 126 S.Ct. 797, — L.Ed.2d-(2005). The White court emphasized that the adverse-employment-action element was designed to filter out discrimination cases that caused “merely inconvenience” or a “bruised ego.” We concluded that not having any income for one month goes beyond inconvenience. Id (internal quotation marks and citation omitted). In this case, the postponement of one-day’s pay for one pay period had only a negligible impact on Plautz’s income and does not rise to the level of an adverse employment action. See Rhodes v. Illinois Dept. of Transp., 359 F.3d 498, 505 (7th Cir.2004) (<HOLDING>). Moreover, the events listed above do not Options: A. holding that suspension with pay was not adverse employment action B. holding that investigatory suspension with pay was not adverse employment action C. holding that because plaintiff chose to leave her employer she did not suffer any tangible employment action D. holding that termination is an adverse employment action E. holding that a plaintiff in a sex discrimination suit did not suffer an adverse employment action where her employer withheld one days pay and it was not reinstated

assistant: The best answer is E. holding that a plaintiff in a sex discrimination suit did not suffer an adverse employment action where her employer withheld one days pay and it was not reinstated
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 voluntary because his decision to plead guilty was based on incomplete information due to the fact that the Government failed to provide him with the administrative summons, which he argues amounts to a Brady violation. We assume for argument’s sake that the Government failed to disclose the requested evidence as alleged. “[T]he Constitution does not require the Government to disclose material impeachment evidence prior to entering a plea agreement with a criminal defendant.” United States v. Ruiz, 536 U.S. 622, 633, 122 S.Ct. 2450, 153 L.Ed.2d 586 (2002). McLean’s guilty plea precludes him from claiming that the Government’s alleged failure to disclose the summons was a Brady violation, or from claiming that the use of the summons was unconstitutional. See Conroy, 567 F.3d at 179 (<HOLDING>); see also United States v. Cothran, 302 F.3d Options: A. holding statute of limitations is not jurisdictional and can be waived by a voluntary plea of guilty B. holding that the defendants brady claim was waived by a guilty plea but citing lampazianie instead of matthew C. holding that right to challenge factual basis is waived by guilty plea D. holding that ramirez waived right to appeal because no nexus between failure to disclose medical evidence that allegedly violated brady and appellants plea of guilty E. holding that a brady violation is waived by guilty plea

assistant: The best answer is E. holding that a brady violation is waived by guilty plea
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: virtual items ( including characters and character names ) or in-game currency purchased or available to you in the services can only be used in connection with the services where you obtained them or where they were developed by you as a result of gameplay .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The foregoing recitals are true and correct in all material respects. Capitalized terms and phrases used but not otherwise defined in the body of this Agreement shall have the meanings ascribed to such terms and phrases in Schedule A attached hereto.

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: Each Party shall cooperate with the other in completing any patent applications or obtaining any other Patent Rights relating to both Sole and Joint Inventions that will be owned by the other Party. Each Party shall also cooperate with the other in executing and delivering any instrument required to assign, convey or transfer to such other Party its interest should such assignment, conveyance or transfer be required by the terms of this Agreement.

assistant: Cooperation
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: they completely terminated their physician and patient relationship. Generally, the negligent conduct of a physician causes at least some immediate damage to the patient, but the statute of limitations, nonetheless, commences running at termination of the course of treatment, sometime after the initial damage occurs. See Schmit, 183 Minn, at 359, 236 N.W. at 625 (adopting the termination of treatment rule despite the general rule that a statute of limitations action in tort begins to run at the time of the negligent act which coincides with the injury). Zagaros claims the termination of treatment rule is inapplicable in her case because no immediate damage coincided with Erickson’s allegedly negligent misdiagnosis. See Peterson v. St. Cloud Hosp., 460 N.W.2d 635, 639 (Minn.App.1990) (<HOLDING>). She argues she was not injured by any lack of Options: A. holding that plaintiffs could not sue attorneys for legal malpractice so long as underlying medical malpractice action out of which legal malpractice claim arose was still pending on appeal B. holding that the occurrence of damages determines when a medical malpractice action accrues C. recognizing that even when a prisoner files suit under section 1983 alleging medical malpractice against prison medical officials medical malpractice does not become a constitutional violation merely because the victim is a prisoner D. holding that absent a contrary mandate from congress the discovery rule determines when a cause of action accrues in a federal question case E. holding cause of action accrues when some compensable damage occurs

assistant: The best answer is B. holding that the occurrence of damages determines when a medical malpractice action accrues
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall make all payments of principal and interest in respect of the MC Swing Line Loans directly to the Administrative Agent for pro rata distribution to the applicable MC Swing Line Lenders in accordance with the amounts owing to them (and in accordance with Section 2.07(b) and subject to Section 2.07(c) ).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of the Company shall be effective on the date the Certificate of Formation was filed with the Secretary of State of the State of Delaware, and shall continue to exist until it is dissolved or terminated under the terms of this Agreement or as provided by law. The Company shall forthwith be terminated and dissolved and its business and affairs liquidated only upon the unanimous vote of the Management Committee and each Member hereby waives its/his/her right to seek a court decree of dissolution or to seek the appointment by a court of a liquidator for the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Without prejudice to the survival of any other agreement of the Borrower hereunder, the agreements and obligations of the Borrower contained in this Section 2.12 shall survive the payment in full of the Obligations and the termination of the Revolving Credit Commitment.

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: title and Ubaldo-Viezca’s and Garcia’s licenses. After hearing from BLOC, Barnes asked Garcia for consent to search her vehicle, which Garcia granted. At this point, the stop transformed into a consensual encounter. See id. Accordingly, the district court did not err in finding that the duration of the stop was constitutionally permissible. iv. District Court’s Failure to Hold a Hearing Ubaldo-Viezca asserts in his appellate brief that the district court erred by “failing to conduct an independent hearing” in connection with his motion to suppress. However, he cites no case law and makes no arguments in support of this claim. Accordingly, we do not address this issue, because Ubaldo-Viezca has abandoned it on appeal. See United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998) (<HOLDING>). B. Admission of Firearms We review a district Options: A. holding that a habeas petitioner abandons the claims he does not address on appeal B. holding that a party abandons claims that he does not argue in his brief C. holding that the court properly refused to instruct on an issue for which no evidence was offered D. holding that an appellant abandons an issue for purposes of appeal where he fails to argue it in his briefs E. holding that a defendant abandons an issue for which no argument is offered on appeal

assistant: The best answer is E. holding that a defendant abandons an issue for which no argument is offered on appeal
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: governmental conduct, that Amendment, not the more generalized notion of ‘substantive due process,’ must be the guide for analyzing these claims.” Graham v. Connor, 490 U.S. 386, 395, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989). Following the Supreme Court’s holing in Graham, the First Circuit Court of Appeals has rejected alleged deprivations of substantive due process rights under the Fourteenth Amendment based either on excessive force or on malicious prosecution. Estate of Bennett v. Wainwright, 548 F.3d 155 (1st Cir.2008) (dismissing a substantive due process claim for deprivation of a life interest because the claim was based on excessive force more appropriately brought under the Fourth Amendment); Torres-Rivera v. O’Neill-Cancel, 406 F.3d 43, 51-53 (1st Cir.2005) (<HOLDING>); Roche v. John Hancock Mutual Life Ins., 81 Options: A. holding that whether an officers force was reasonable must be analyzed under the reasonableness standard of the fourth amendment B. holding that the protect act amendments to the standard of review apply retroactively C. holding that an excessive force claim is governed by the fourth amendments objectively reasonable standard rather than the fourteenth amendments shock the conscience standard D. holding that claims that law enforcement officials used excessive force in making an arrest are properly analyzed under the fourth amendments objective reasonableness standard E. holding that new york law reasonable cause standard is equivalent to fourth amendments probable cause standard

assistant: The best answer is C. holding that an excessive force claim is governed by the fourth amendments objectively reasonable standard rather than the fourteenth amendments shock the conscience standard
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: Without duplication of any obligation of any Borrower under Section 9.05 , in addition to amounts payable as provided herein, each Borrower hereby agrees to protect, indemnify, pay and save harmless each Issuing Bank from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable fees, expenses and disbursements of counsel and allocated costs of internal counsel) which such Issuing Bank may incur or be subject to as a consequence, direct or indirect, of (i) the issuance of any Letter of Credit by such Issuing Bank, other than as a result of (A) the gross negligence or willful misconduct of such Issuing Bank, as determined by a court of competent jurisdiction in a final and non-appealable judgment or (B) the wrongful dishonor by such Issuing Bank of a proper demand for payment made under any Letter of Credit issued by it, as determined by a final, non-appealable judgment of a court of competent jurisdiction, or (ii) the failure of such Issuing Bank to honor a drawing under any such Letter of Credit as a result of any Governmental Act.

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: Immediately after the consummation of the Transactions to occur on the Effective Date, (a) the sum of the Indebtedness (including contingent liabilities) of the Borrower and its Subsidiaries, taken as a whole, does not exceed the assets of the Borrower and its Subsidiaries at a fair valuation, taken as a whole, on a going concern basis; (b) the capital of the Borrower and its Subsidiaries, taken as a whole, is not unreasonably small in relation to the business of the Borrower and its Subsidiaries, taken as a whole, contemplated on the Effective Date and (c) the Borrower and its Subsidiaries, taken as a whole, do not intend to incur, or believe that they will incur, Indebtedness including current obligations beyond their ability to pay such Indebtedness as it matures (in the ordinary course of business). For the purposes hereof, the amount of any contingent liability at any time shall be computed as the amount that, in light of all of the facts and circumstances existing at such time, represents the amount that can reasonably be expected to become an actual or matured liability (irrespective of whether such contingent liabilities meet the criteria for accrual under Statement of Financial Accounting Standard No. 5).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of this Agreement shall commence on February 6, 2016 and end on February 6, 2017, unless the Agreement is extended on terms mutually acceptable to the Bank and Consultant or terminated earlier as provided in Section 10.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, and all of the terms and conditions hereof, shall bind the Company and its successors and assigns and shall bind Executive and Executive’s heirs, executors and administrators. No transfer or assignment of this Agreement shall release the Company from any obligation to Executive hereunder. Neither this Agreement, nor any of the Company’s rights or obligations hereunder, may be assigned or are otherwise subject to hypothecation by Executive. The Company may assign the rights and obligations of the Company hereunder, in whole or in part, to any of the Company’s Subsidiaries or Affiliates, or to any other successor or assign in connection with the sale of all or substantially all of the Company’s assets or equity or in connection with any merger, acquisition and/or reorganization, provided the assignee assumes the obligations of the Company 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: injury to an individual” and "commit an act clearly dangerous to human life,” this Court held that the lesser offense of manslaughter was functionally equivalent to the greater offense of murder because the "commission of an act clearly dangerous to human life, shooting with a firearm, is the circumstance surrounding the conduct, which would be the same under either murder or manslaughter.” Cavazos v. State, 382 S.W.3d 377, 384 (Tex.Crim.App.2012). Furthermore, as another example of functional equivalence, this Court has held that indecency with a child by contact was a lesser-included offense of aggravated sexual assault of a child even though it contained an element, intent, that was not found in the greater offense. See Evans v. State, 299 S.W.3d 138, 142-43 (Tex.Crim.App.2009) (<HOLDING>). PRICE, J., filed a concurring opinion. I join Options: A. holding that indecency with a child by contact is lesserincluded offense of aggravated sexual assault of a child because even though the latter offense did not include intent as an express element lascivious intent was implicitly included B. holding extraneous acts of touching of complainant and her friend were admissible in indecency with a child prosecution because defendants charged conduct was as consistent with accident as with a specific lascivious intent C. holding in a juryunanimity case that indecency with a child by contact is a conductoriented offense D. holding that failure to give lesserincluded charge of simple assault as lesserincluded offense of aggravated assault on police officer was reversible error E. holding that it was error to direct entry of a conviction for a permissive lesserincluded offense based on the fact that it was supported by the evidence because the greater crime was not charged in a manner that encompassed the intent element of the permissive lesserincluded offense and the jury did not make a finding regarding that intent element

assistant: The best answer is A. holding that indecency with a child by contact is lesserincluded offense of aggravated sexual assault of a child because even though the latter offense did not include intent as an express element lascivious intent was implicitly included
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No provision of this Agreement may be modified, waived or discharged unless such waiver, modification, or discharge is agreed to in a writing signed by Executive and an officer of the Company (other than Executive) duly authorized by the Board to execute such amendment, waiver or discharge. No waiver by either Party of any breach of the other Party of, or compliance with, any condition or provision of this Agreement shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this Agreement, and the New Note and the consummation by the Company of the transactions contemplated hereby and thereby, will not, (i) result in a violation of the articles of incorporation of the Company, as amended (the “ Certificate of Incorporation ”) or the bylaws of the Company (the “ Bylaws ”) or (ii) result in a violation of any law, rule, regulation, order, judgment or decree (including United States federal and state securities laws and regulations and rules or regulations of any self-regulatory organizations to which either the Company or its securities are subject) applicable to the Company or by which any property or asset of the Company is bound or affected. The Company is not in violation of its Certificate of Incorporation, Bylaws or other organizational documents.

assistant: No Conflicts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: instructions regarding negligence and the negligence of a property owner. See Wis JI&emdash;Civil 1005, 8020. 6 Children under age 18 are required to wear helmets when riding an ATV See Wis. Stat. § 23.33(3g)(a). 7 See U.S. Consumer Product Safety Commission CPSP Document #540, http://www.cpsc.gov; State of Wisconsin, Department of Natural Resources, Accident Reporting and Statistics, http://www.dnr.state.wi.us; Wisconsin Briefs, Motorcycle Safety, LRB-9L-WB-2 (February 1994); and, U.S. Department of Transportation, Nat'l Highway Traffic Safety Adm., Motorcycle Helmet Use Laws, http://www.nhsta.dot.gov. 8 Courts in other jurisdictions are split on the issue of the helmet defense. See e.g,, cases allowing the helmet defense: Rodgers v. American Honda Motor Co., 46 F.3d 1 (1st Cir. 1995) (<HOLDING>); Dailey v. Honda Motor Co., 882 F.Supp. 826 Options: A. holding plaintiff could not recover on nuisance action to recover for alleged damage to property he does not own or rent B. holding that the plaintiff was not barred by hrs 3865 from seeking common law tort remedies against his insurer for injuries caused by the insurers outrageous and intentional denial of medical benefits and disability payments because such injuries were not work injuries within the scope of hrs chapter 386 C. holding that the plaintiff could not recover when his failure to wear a helmet caused essentially all of his injuries D. holding that where a prior agreement fixed the salary of the plaintiff plaintiff could not seek to recover for his services on a theory of unjust enrichment E. recognizing that where a plaintiff failed to perform because of the defendants breach the plaintiff could recover damages caused by the defendants breach

assistant: The best answer is C. holding that the plaintiff could not recover when his failure to wear a helmet caused essentially all of his injuries
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 Note shall be governed by and construed in accordance with the laws of the State of Nevada without regard to principles of conflicts of laws. The parties hereby warrant and represent that the selection of Nevada law as governing under this Note (i) has a reasonable nexus to each of the Parties and to the transactions contemplated by the Note; and (ii) does not offend any public policy of Nevada, Massachusetts, or of any other state, federal, or other jurisdiction. Any action brought by either party against the other arising out of or related to this Note, or any other agreements between the parties, shall be commenced only in the state or federal courts of general jurisdiction located in the Commonwealth of Massachusetts, except that all such disputes between the parties shall be subject to alternative dispute resolution through binding arbitration at the Holder’s sole discretion and election (regardless of which party initiates the legal proceedings). The parties to this Note hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens. The parties agree that, in connection with any such arbitration proceeding, each shall submit or file any claim which would constitute a compulsory counterclaim within the same proceeding as the claim to which it relates. Any such claim that is not submitted or filed in such proceeding shall be waived and such party will forever be barred from asserting such a claim. Both parties agree to submit to the jurisdiction of such courts or to such arbitration panel, as the case may be.

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: (a treaty requires “a formal ratification”); Garza v. Lappin, 253 F.3d 918, 925 (7th Cir.2001) (explaining that when the United States has signed, but not ratified, an international agreement, the agreement “does not yet qualify as one of the ‘treaties’ of the United States that creates binding obligations”). In addition, this Court cannot grant relief under the ICCPR because it is not a self-executing treaty. Beazley v. Johnson, 242 F.3d 248, 267 (5th Cir.2001). Martinez-Lopez also argues that customary international law, including principles in the Universal Declaration of Human Rights, prevents his removal. International customs, however, cannot override congressional intent as expressed by statute. Sosa v. Alvarez-Machain, 542 U.S. 692, 731, 124 S.Ct. 2739, 159 L.Ed.2d 718 (2004) (<HOLDING>); Bradvica v. INS, 128 F.3d 1009, 1014 n. 5 Options: A. recognizing that the states have a cognizableinterest in whether congress may direct or otherwise motivate the states to regulate in a particular field or a particular way B. holding that ejxcept in matters governed by the federal constitution or by acts of congress the law to be applied in any case is the law of the state C. holding that federal law establishes the applicable standards of care in the field of aviation safety generally and thus preempts the entire field from state regulation D. holding that congress may shut the door to the law of nations either explicitly or implicitly by treaties or statutes that occupy the field E. holding that congress may not direct a state to enact or enforce a particular law or type of law

assistant: The best answer is D. holding that congress may shut the door to the law of nations either explicitly or implicitly by treaties or statutes that occupy the field
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 Lenders shall have received (i) all financial statements required to have been delivered pursuant to Sections 9.01(1) and (2) of the Existing Credit Agreement (as in effect on the Bridge Commitment Date), (ii) the consolidated balance sheets of the Target and its Subsidiaries as at June 30, 2013, June 30, 2014 and June 30, 2015 and the related consolidated statements of income, retained earnings and cash flows of the Target and its Subsidiaries, respectively, for the fiscal years ended on said dates, with the opinion thereon of the independent public accountants referred to therein and (iii) customary pro forma consolidated balance sheets of the Parent and its Subsidiaries and the related consolidated statements of income, retained earnings and cash flows of the Parent and its Subsidiaries, as of and for the most recently completed four fiscal quarter period ending at least 45 days before the Funding Date, prepared after giving effect to the Transactions as if the Transactions had occurred as of the end of such four fiscal quarter period (in the case of such consolidated balance sheet) or at the beginning of such four fiscal quarter period (in the case of such statements of income, retained earnings and cash flows); provided that the foregoing pro forma financial statements need not be prepared in compliance with Regulation S-X of the Securities Act of 1933, as amended, or include adjustments for purchase accounting (including adjustment of the type contemplated by Financial Accounting Standards Board Accounting Standards Codification 805, Business Combinations (formerly “SFAS 141R”)), and the financial statements described in this clause 4) shall be reasonably satisfactory to the Administrative Agent.

assistant: Financial Statements
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: motor-driven vehicle and the plaintiffs injuries. Whitley, 104 S.W.3d at 543; LeLeaux v. Hamshire-Fannett Indep. Sch. Dist., 835 S.W.2d 49, 51 (Tex.1992). “This nexus requires more than mere involvement of property” and has been described as a “direct nexus.” Put another way, “ ‘the [vehicle]’s use must have actually caused the injury.’ ” Whitley, 104 S.W.3d at 543 (quoting White, 46 S.W.3d at 869) (emphasis added). “Thus, as with the condition or use of property, the operation or use of a motor vehicle ‘does not cause injury if it does no more than furnish the c at child’s death arose from use of motor vehicle when bus driver honked horn to signal child to walk across street, where she was hit by oncoming vehicle); Hitchcock v. Garvin, 738 S.W.2d 34, 37 (Tex.App.-Dallas 1987, no writ) (<HOLDING>). 2. TTCA’s Property Waiver For the TTCA’s Options: A. holding that a plaintiff can show that she is qualified by presenting credible evidence that she continued to possess the objective qualifications she held when she was hired B. holding that childs injuries incurred when she was struck by oncoming vehicle arose from schoolbus drivers failure to activate required warning signals to protect child as she debarked bus C. holding that defendant adequately indicated to officers that she sought assistance of counsel when she stated that she wanted to call her lawyer and officer testified that request was unambiguous D. holding appellant produced no evidence that when she made her complaints to management she ever mentioned that she felt she was being treated unfairly due to her race or sex E. holding that the district court did not err in failing to address the defendant personally to determine whether she understood the rights she was waiving by admitting that she violated the conditions of her probation

assistant: The best answer is B. holding that childs injuries incurred when she was struck by oncoming vehicle arose from schoolbus drivers failure to activate required warning signals to protect child as she debarked bus
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 all Exhibits attached hereto, the Subsidiary REIT Agreement, as well as any and all other written agreement between the Partnership and a Partner, constitute the entire agreement among the Parties pertaining to the subject matter hereof. This Agreement supersedes any prior agreement or understanding among the Parties with respect to the subject matter hereof, but shall not amend, modify, supersede or in any way affect any other agreement or understanding among the Parties or their Affiliates that does not relate to the subject matter hereof.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the extent permitted by applicable law , zynga and any zynga affiliate make no warranties , conditions or other terms of any kind , either express or implied , about the services .

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: FDC Corporation was not final, but merely pending. Appellee argues that NMSA 1978, Section 53-16-11 (Repl.Pamp.1983), the statute addressing a corporation’s distribution of assets upon dissolution, can be read to require payment by the corporation of all final debts before making any provisions for any pending claims. However, nothing in that statute or in the New Mexico Business Corporation Act suggests that the legislature intended that final claims have priority over contingent claims. At the time FDC’s assets were distributed, Smith had a contingent claim with no precise amount owing. Nonetheless, it is clear that appellee Cox had knowledge of the lawsuit and knew that the corporation would have no assets to pay any ensuing judgment amount. See Robar Dev. Corp., 408 A.2d at 853 (<HOLDING>). Smith’s pending lawsuit did constitute a Options: A. holding that claims of corporation vest in corporation B. holding that when one corporation transfers its assets to another the receiving corporation is not responsible for debts of transferor unless it agrees to assume these debts C. holding that a corporation could not dissolve and distribute its assets without providing for contingent claims D. holding that disaffiliated church had de facto dissolved when last vote of its full membership was to dissolve and to transfer assets to mother church E. holding that a lawsuit against a corporation that purchased assets from a bankrupt is not a claim against the debtor

assistant: The best answer is C. holding that a corporation could not dissolve and distribute its assets without providing for contingent claims
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: un-protectable because they are either insufficiently independent or insufficiently creative or both, see 1 William F. Patry, Copyright Law and Practice 333 (1994), but it does not make sense to state categorically that no combination of numbers or words short enough to be deemed a “phrase” can possess “as least some minimal degree of creativity.” Feist, 499 U.S. at 345, 111 S.Ct. 1282. In fact, the plain language of the regulation does not lend itself to such a construction. Section 202.1(a) states that “short phrases such as names, titles, and slogans” are not copyrightable. Thus, other short expressions dissimilar to names, titles, or slogans are not covered by the regulation. See Applied Innovations, Inc. v. Regents of University of Minnesota, 876 F.2d 626, 636 (8th Cir.1989) (<HOLDING>). Therefore, “it would seem (notwithstanding Options: A. holding that statements at issue were protected expressions of opinion because they lacked specificity and precision and the factual implications concerning such statements were unclear B. holding that test statements were not short phrases under 2021 because they were not titles names or slogans C. holding that although miranda warnings were not given to defendant police officers they had no cause of action under 42 usc 1983 because they were never prosecuted D. holding that statements downplaying internal control problems were actionable because they misled investors into believing the problems were not as serious or extensive as they were E. holding that statements made in the course of negotiation were not contracts and such statements were merged into the final written agreement

assistant: The best answer is B. holding that test statements were not short phrases under 2021 because they were not titles names or slogans
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: Irrespective of whether any Closing is effected, each party shall bear their own costs and expenses incurred with respect to the negotiation, execution, delivery and performance of this Agreement. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement or the Restated Articles, the prevailing party shall be entitled to reasonable attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

assistant: Expenses