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: No Event of Default shall be waived by Secured Party except in writing. No failure or delay on the part of Secured Party in exercising any right, power or remedy hereunder shall operate as a waiver of the exercise of the same or any other right at any other time; nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. There shall be no obligation on the part of Secured Party to exercise any remedy available to Secured Party in any order. The remedies provided for herein are cumulative and not exclusive of any remedies provided at law or in equity. Debtor agrees that in the event that Debtor fails to perform, observe or discharge any of its Obligations or liabilities under this Security Agreement or any other agreements with Secured Party, no remedy of law will provide adequate relief to Secured Party, and further agrees that Secured Party shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

assistant: No 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 case excerpt and choose the best holding from the options. Case excerpt: lien.”). In Doug Hambel’s Plumbing, Inc. v. Conway, 883 So.2d 375, 376 (Fla. 4th DCA 2004), the trial court originally entered a judgment for and awarded damages to the plaintiff but denied plaintiffs request for a mechanic’s lien. The Fifth District reversed the denial of the mechanic’s lien, and the trial court entered a final judgment imposing a mechanic’s lien. Id. The plaintiff sought attorneys’ fees under section 713.29, Flor onfinal because it did not dispose of all of the claims in the complaint. See Allie v. Ionata, 503 So.2d 1237, 1240 (Fla.1987) (“A final judgment is one that determines the rights of the parties and disposes of the case on its merits, leaving nothing more to be done in the cause except execution.”); cf. Caldwell v. Finochi, 909 So.2d 976 (Fla. 2d DCA 2005) (<HOLDING>). Therefore, the trial court erred in Options: A. holding summary judgment order was not a final judgment because it did not dispose of the defendants claim for attorneys fees B. holding that the order on the wifes petition for modification of child support was a final order because it disposed of all the issues except for the ancillary issue of attorneys fees C. holding that the trial court abused its discretion in failing to award the increased child support retroactive to the date of the petition for modification because the childs increased need for support and the former husbands ability to pay the increased child support existed at the time the former wifes petition for modification was filed D. holding that a judgment for attorneys fees may be rendered in the nature of child support regardless of whether the underlying action is one of enforcement or modification E. holding that the court lacked jurisdiction to consider the appeal because it was filed before the final order awarding attorneys fees

assistant: The best answer is B. holding that the order on the wifes petition for modification of child support was a final order because it disposed of all the issues except for the ancillary issue of attorneys fees
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: was know ing and voluntary he cannot bring the instant appeal, because it would violate his plea agreement. Indeed, a defendant may waive his or her right to appeal through.a plea agreement. As the Second Circuit explained in United States v. Salcido-Contreras: [i]n no circumstance, however, may a defendant, who has secured the benefits of a plea agreement and knowingly and voluntarily waived the right to appeal a certain sentence, then appeal the merits of a sentence conforming to the agreement. Such a remedy would render the plea bargaining process and the resulting agreement meaningless. 990 F.2d 51, 53 (2d Cir.) (per curiam), cert. denied, 509 U.S. 931, 113 S.Ct. 3060, 125 L.Ed.2d 742 (1993); see also Santobello v. New York, 404 U.S. 257, 260-62, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971) (<HOLDING>). Parrado knowingly and voluntarily waived his Options: A. holding that a defendant must have knowledge of the likely consequences of entering the guilty plea in order for a plea to be voluntary and knowing B. holding that a guilty plea must be both knowing and voluntary and must be a voluntary and intelligent choice among the alternative courses of action available to a defendant C. holding that a voluntary and knowing plea agreement is equivalent to a contract and the promises stated within must be fulfilled by the parties D. holding a waiver of a substantial constitutional right must be a voluntary knowing and intelligent act E. holding that the court must determine whether the employees consent to the settlement agreement was knowing and voluntary

assistant: The best answer is C. holding that a voluntary and knowing plea agreement is equivalent to a contract and the promises stated within must be fulfilled by the parties
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: 19(a), and; (2) if the absent party is necessary and cannot be joined, then the court must decide if “in equity and good conscience” the action should be dismissed because the nonparty is indispensable. Makah Indian Tribe v. Verity, 910 F.2d 555, 558 (9th Cir.1990). (1) In order to determine if the absent party is necessary to the suit; (a) a court must determine if complete relief is possible among those already parties to the suit and; (b) whether the absent party has a legally protected interest in the suit. Id. at 558. This interest must be more than a-financial stake, and more than speculation about a future event. Northern Alaska Environmental Center v. Hodel, 803 F.2d 466, 468 (9th Cir.1986); See McLaughlin v. International Ass’n of Machinists, 847 F.2d 620, 621 (9th Cir.1988) (<HOLDING>); Northrop Corp. v. McDonnell Douglas Corp., Options: A. holding that determination of the oklahoma and texas common boundary in a prior suit was conclusive in future litigation B. holding that equitable relief is only appropriate where legal remedies are inadequate C. holding that speculation about a future event is inadequate interest in a suit D. holding that a prior suit and a subsequent suit between the same parties did not involve the same claim because the evidence necessary to sustain the subsequent suit was insufficient to entitle the plaintiff to relief in the prior suit E. holding a suit against an agency of the state is a suit against the state

assistant: The best answer is C. holding that speculation about a future event is inadequate interest in a suit
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 third element of the prima facie case-the causal connection-is a much closer question. Plaintiff contends that the element is satisfied because her termination closely followed her April 2002 complaint. Less than one month after she made her informal complaint, she was terminated. The termination decision was made in part by the same manager, Mr. Kinigopolous, who heard the complaints. Supporting Plaintiffs position is Fourth Circuit authority which recognizes that knowledge of an employee discrimination complaint, combined with the temporal proximity of the complaint and the termination, is sufficient to establish the “less onerous burden” of proving causal connection for the purpose of establishing a prima facie case. See Price v. Thompson, 380 F.3d 209, 212 (4th Cir.2004) (<HOLDING>); Carter v. Ball, 33 F.3d 450, 460 (4th Options: A. recognizing this principle as a settled rule B. recognizing this principle in the childpornography context C. recognizing principle D. recognizing same principle E. recognizing this principle in the failure to hire context

assistant: The best answer is E. recognizing this principle in the failure to hire context
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise specified in the Transaction Agreements, each Party shall pay its and its Affiliates’ own costs and expenses, including legal, consulting, financial advisor and accounting fees and expenses, incurred in connection with the Transactions and the Transaction Agreements, irrespective of when incurred, whether or not the Closing occurs; provided , however , that notwithstanding anything to the contrary in any Transaction Agreement, (a) Seller Parent shall pay all Unpaid Transaction Expenses and (b) if the Closing occurs, the Companies will pay all such costs and expenses of Buyer and its Affiliates.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 361 U.S. 373 80 S.Ct. 400 4 L.Ed.2d 380 SUPERIOR COURT OF STATE OF WASHINGTON for KING COUNTY et al.v.STATE OF WASHINGTON on the Relation of YELLOW CAB SERVICE, INC. No. 76. Supreme Court of the United States January 25, 1960 Richard P. Donaldson, Seattle, Wash., for the petitioners. Kenneth A. Cox, Seattle, Wash., for the respondent. On writ of certiorari to the Supreme Court of Washington. PER CURIAM. 1 The judgment is reversed. San Diego Building Trades Council v. Garmon, 359 U.S. 236, 79 S.Ct. 773, 3 L.Ed.2d 775.

assistant: 10
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 absence of such relationships or when the circumstances of a particular case do not suggest a duty of protection or a duty to control, then “the evidentiary hurdle is higher” and the risk of the criminal act must be precisely shown. Workman, 320 F.3d at 264. The rationale for lessening the requirement of heightened foreseeability in cases involving a special relationship between the parties is that “the ability of one of the parties to provide for his own protection has been limited in some way by his submission to the control of the other,” and, therefore, “a duty should be imposed upon the one possessing control (and thus the power to act) to take reasonable precautions to protect the other one from assaults by third parties which, at least l conduct of servant); id. § 318 (<HOLDING>); id. § 319 (recognizing duty of those in Options: A. holding that as one who does an act or carries on an activity upon land on behalf of the possessor refrigeration supply company could be liable for physical injury caused to others on premises as though it were a possessor of land when its employees allegedly removed plywood covering trench inside market and plaintiff tripped over exposed cables B. recognizing duty of parent to control conduct of child C. recognizing duty of possessor of land or chattels to control conduct of licensee D. holding that land sales contracts were not securities because they involved no investment in an enterprise even if land was bought on expectation that development of the area would increase the value of the land E. holding authority to control limits duty to control

assistant: The best answer is C. recognizing duty of possessor of land or chattels to control conduct of licensee
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: importance if the nature of the action makes it capable of repetition and yet prevents effective judicial review. Thus, a common element of both the public interest exception and the capable of repetition exception is that the complained of action be capable of repetition yet not effectively reviewable. Even if we were to recognize a public interest exception to the mootness doctrine, this case does not meet the suggested requirements. Id. The Texas Supreme Court has as yet not recognized the public interest exception to the mootness doctrine and judicial restraint compels us to wait until that court decides to resolve the split in authority in the intermediate appellate courts. See, e.g., Securtec, Inc. v. County of Gregg, 106 S.W.3d 803, 810-11 (Tex.App.-Texarkana 2003, pet. denied) (<HOLDING>); State Farm Mut. Automobile Ins. Co. v. Options: A. recognizing exception B. recognizing such an exception C. recognizing public policy exception to atwill doctrine D. recognizing the public interest exception E. recognizing the rule and the exception but holding facts did not support claim to exception

assistant: The best answer is D. recognizing the public interest exception
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company will have a negative working capital balance after giving effect to the receipt by the Company of the proceeds from the sale of the Securities hereunder. The current fair saleable value of the Company’s assets do not exceed the amount of the liabilities of the Company. The Company has entered into new notes payable agreements since September 30, 2018, in the aggregate principal amount of approximately $2.1 million, of which approximately $1.65 million was disclosed in Note 7, Subsequent Events , included in the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2018. The current gross notes payable outstanding balance is approximately $4.1 million, of which approximately $1.6 million is due and payable in the quarter ending March 31, 2019.

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 case excerpt and choose the best holding from the options. Case excerpt: or property, without due process of law.” U.S. Const, amend. XIV, § 1. In order to demonstrate a violation of either substantive or procedural due process rights, the plaintiff must first demonstrate the possession of a federally protected property right to the relief sought. Puckett v. City of Glen Cove, 631 F.Supp.2d 226, 236 (E.D.N.Y.2009) (citing Lisa’s Party City, Inc. v. Town of Henrietta, 185 F.3d 12, 16 (2d Cir.1999)). Property interests “are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law-rules or understandings that secure certain benefits and that support claims of entitlement to those benefits.” Bd. of Regents of State Coll. v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972) (<HOLDING>). The Second Circuit has held that, “[i]n order Options: A. holding that the plaintiff must have more than a unilateral expectation the plaintiff must have a legitimate claim of entitlement to the benefit B. holding that plaintiff must present such evidence C. holding that courts must construe the complaint liberally in favor of the plaintiff by giving the plaintiff the benefit of all the inferences that can be reasonably drawn from the pleaded facts D. holding that where the employment contract was at will there simply can be no certainty regarding whether the plaintiff would have remained employed long enough for the benefit the plaintiff claims he lost to have accrued E. holding that in order for a plaintiff to file suit against the government on a contract claim in the court of federal claims a plaintiff must have either direct privity or thirdparty beneficiary status

assistant: The best answer is A. holding that the plaintiff must have more than a unilateral expectation the plaintiff must have a legitimate claim of entitlement to the benefit
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Kroger Tex., LP, 288 F.3d 208, 210 (5th Cir.2002) (stating that the Fifth Circuit has held that “specific damage estimates that are less than the minimum jurisdictional amount, when combined with other unspecified damage claims, can provide sufficient notice that an action is removable so as to trigger the time limit for filing a notice of removal”). However, the Court believes that Plaintiffs Original Petition is not such a pleading. Since Plaintiffs Original Petition contains no information about his salary or the kinds of promotions allegedly denied him, any estimate as to his potential damages would be based on supposition, not affirmative revelations. Cf. Exceleron Software, Inc. v. TGEC Commc’ns Co., No. Civ. A. 3:05-CV-2007-L, 2005 WL 3542566, at *3 (N.D.Tex. Dec.23, 2005) (<HOLDING>). To demonstrate that his Original Petition Options: A. holding that an initial pleading triggered the thirtyday time limit for removal under 1446b because it sets forth on its face express allegations as to the monetary amount of damages B. holding that a writ of summons alone can no longer be the initial pleading that triggers the 30day period for removal under the first paragraph of 28 usc 1446b C. holding that removal under the second paragraph of 1446b did not apply and defendants therefore had removed outside of the thirty day time period triggered at the time of service of the complaint D. holding other paper must be unequivocally clear and certain to start the time limit running for a notice of removal under the second paragraph of section 1446b E. holding that notice of removal was defective on its face because it failed to contain a copy of the process as required by the removal statute

assistant: The best answer is A. holding that an initial pleading triggered the thirtyday time limit for removal under 1446b because it sets forth on its face express allegations as to the monetary amount of damages
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 notices, requests or other communications provided for in this Agreement shall be made, if to the Company, to Navigant Consulting, Inc., Attn: General Counsel, 30 S. Wacker Dr., Suite 3550, Chicago, Illinois 60606, and if to the Holder, to the last known mailing address of the Holder contained in the records of the Company. All notices, requests or other communications provided for in this Agreement shall be made in writing either (a) by personal delivery, (b) by facsimile or electronic mail with confirmation of receipt, (c) by mailing in the United States mails or (d) by express courier service. The notice, request or other communication shall be deemed to be received upon personal delivery, upon confirmation of receipt of facsimile or electronic mail transmission or upon receipt by the party entitled thereto if by United States mail or express courier service; provided , however , that if a notice, request or other communication sent to the Company is not received during regular business hours, it shall be deemed to be received on the next succeeding business day of the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the information). Viewing the record in plaintiffs favor for purposes of summary judgment only, the January 1995 non-disclosure agreement signed by Cowen covered the source code for the Harvard 44 pump. As averred by Gargano, all employees with access to Old Harvard’s technology, including source code, had to sign confidential non-disclosure agreements. Although Old Harvard disclosed the source code to three customers, it required them to execute confidentiality agreements. The information was not placed entirely within the public domain. The existence of the non-disclosure agreements, at a minimum, put Old Harvard employees, including Cowen, on notice that the source code involved secret information. See, e.g., USM Corporation v. Marson Fastener Corporation, 393 N.E.2d at 901 (<HOLDING>); Eastern Marble Products Corporation v. Roman Options: A. holding that a customer list may be protectable as a trade secret if it is secret and the court examines and determines if it is protectable based on three factors 1 what steps if any an employer has taken to maintain the confidentiality of a customer list 2 whether a departing employee acknowledges that the customer list is confidential and 3 whether the content of the list is readily ascertainable B. holding that contact list based on inter alia information that was publicly available did not qualify as trade secret C. holding that the plaintiffs customer list was not a trade secret in part because there was no evidence that by the nature of the plaintiffs business extraordinary effort was involved in compiling the customer list D. recognizing that nondisclosure agreements did not have to list the secret information in order to put employees on notice E. holding that the plaintiff presented sufficient evidence to create a genuine issue of material fact that its customer list was a trade secret because the plaintiff presented evidence that the list took ten years and great expense to the company to develop

assistant: The best answer is D. recognizing that nondisclosure agreements did not have to list the secret information in order to put employees on notice
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: any evidence indicating that the State did not strike white jurors who were victims of crime, which would have created an inference that the State was engaging in a possible discriminatory motive in striking these four black jurors. In Moss v. State, 834 So.2d 135, 142-43 (Ala.Crim.App.2002), this Court stated: “While it is true the striking of one person for a racial reason is a violation of the principles of Batson, and grounds for reversal, see Williams v. State, 548 So.2d 501, 507 (Ala.Crim.App.1988), it is equally true that ‘Merely showing that the challenged party struck one or more members of a particular race is not sufficient to establish a prima facie case.’ Edwards [v. State], 628 So.2d [1021,] 1024 [ (Ala.Crim.App.1993) ]. See also Ex parte Trawick, 698 So.2d 162 (Ala.1997) (<HOLDING>). “ ‘A defendant fails to establish a pri-ma Options: A. holding that without more the mere fact that the prosecutor used a high number of strikes to remove women from the venire is insufficient to establish a prima facie case B. holding that the strike of one hispanic veniremember was insufficient to make out a prima facie case of discrimination where the challenging party failed to show any pattern or any other evidence to the trial court which would raise an inference that the prosecutor used peremptory strikes to remove that veniremember on account of her race C. holding that the prosecutors use of four of his five peremptory strikes to remove blacks was sufficient to establish a prima facie case D. holding that a prima facie case of discrimination is not established merely by the number of peremptory strikes against blacks in cases where the percentage of blacks on the empaneled jury is higher than the percentage of the venire pool E. holding that when the prosecutor articulates reasons for strikes and the trial court makes a ruling on discriminatory intent the question of whether a prima facie case was made is moot

assistant: The best answer is A. holding that without more the mere fact that the prosecutor used a high number of strikes to remove women from the venire is insufficient to establish a prima facie case
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall have the right to require, prior to the payment of any amount pursuant to an award made hereunder, payment by the Participant of any Federal, state, local or other taxes which may be required to be withheld or paid in connection with such award.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice provided for in this Agreement will be in writing and will be deemed to have been given when delivered or mailed by United States registered or certified mail, return receipt requested, postage prepaid. If to the Company, the notice will be sent to Live Nation, Attention: General Counsel, 9348 Civic Center Drive, Beverly Hills, California 90210. If to the Executive, the notice will be sent to the Executive’s home address then on file with the Company’s Human Resources Department, with a copy sent to: Grubman Shire Meiselas & Sacks, P.C., Carnegie Hall Tower, 152 W. 57 th Street, New York, NY 10019, Attention: Allen J. Grubman, Esq. and Eric D. Sacks, Esq. Such notices may alternatively be sent to such other address as any party may have furnished to the other in writing in accordance with this Agreement, except that notices of change of address shall be effective only upon receipt.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts of laws principles thereof. The parties agree to litigate any claims or disputes between them or between Executive and any affiliate or employee of the Company, including any dispute arising under or related to this Agreement, Executive’s employment or termination of employment, Executive’s compensation or benefits, and any other dispute between the parties, exclusively in the state or federal courts located in the state of Executive’s primary place of business; provided, however, that the Company may initiate a lawsuit in another state to the extent the Company deems it necessary or desirable to enjoin a breach of this Agreement by Executive. The parties hereby waive any objection to the personal jurisdiction or venue of the state and federal courts located in the state of Executive’s primary place of business or in any other state in which a lawsuit is initiated by the Company pursuant to the immediately preceding sentence, hereby submit to the personal jurisdiction and venue of such courts, and waive the defense of inconvenient forum and/or lack of personal jurisdiction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company may terminate the Term if Executive is unable substantially to perform Executive’s duties and responsibilities hereunder to the full extent required by the Board by reason of a Permanent Disability, as defined below. Executive shall upon his Termination of Employment by reason of a Permanent Disability, be entitled to the following: (i) any amounts earned, accrued or owing but not yet paid, which amounts shall be paid within thirty (30) days following such Termination of Employment; and (ii) continued participation, in accordance with the terms of such plans, in those employee welfare benefit plans in which Executive was participating on the date of termination which, by their terms, permit a former employee to participate. In such event, the Company shall have no further liability or obligation to Executive for compensation under this Employment Agreement. Executive agrees, in the event of a dispute under this § 4(f)(1), to submit to a physical examination by a licensed physician selected by the Board. For purposes of this Employment Agreement, “Permanent Disability” has the same meaning as for purposes of the Company’s permanent disability insurance policies which now or hereafter cover the permanent disability of Executive or, in absence of such policies, means the inability of Executive to work in a customary day-to-day capacity for six (6) consecutive months or for six (6) months within a twelve (12) month period, as determined by the Board.

assistant: Disability
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 engage in similar future conduct, id. at 148, 128 S.Ct. 1581. That is, having once been involved in “purposeful, violent, and aggressive conduct,” it is “more likely that an offender, later possessing a gun, will use that gun deliberately to harm a victim.” Id. at 145, 128 S.Ct. 1581; accord id. at 146, 128 S.Ct. 1581 (“In order to determine which offenders fall into this category, the Act looks to past crimes ... because an offender’s criminal history is relevant to the question whether he is a career criminal, or, more precisely, to the kind or degree of danger the offender would pose were he to possess a gun.”). The Court juxtaposed the kind of conduct that typifies the armed career criminal with that which does not. Under this latter category it placed strict liabi Cir.2008) (<HOLDING>). With Begay’s analysis in mind, we hold that Options: A. holding that a careless driving statute could not be used as a predicate for vehicular homicide because careless driving can occur without criminal negligence B. holding that under the particular facts alleged in the indictment vehicular homicide was a lesser offense included in the murder charge C. holding that vehicular homicide involving criminal negligence is not a crime of violence under begay D. holding that dwi manslaughter and vehicular homicide are different forms of the same offense E. holding that theft from the person is not a crime of violence

assistant: The best answer is C. holding that vehicular homicide involving criminal negligence is not a crime of violence under begay
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 medical sources to the effect that a claimant is “disabled” are not dispositive, but an ALJ must consider all medical findings and evidence that support such statements. Id. The opinion of claimant’s treating physician is entitled to great weight and may only be disregarded if there is persuasive contradictory evidence. Evans, 734 F.2d at 1015. Controlling weight may be given only in appropriate circumstances to medical opinions, i.e., opinions on the issue(s) of the nature and severity of an individual’s impairment(s), from treating sources, when the opinion is 1) well-supported by medically acceptable clinical and laboratory diagnostic techniques, and 2) not inconsistent with other substantial evidence in the case record. 20 C.F.R. § 416.927(d)(2). See Craig, 76 F.3d at 590 (<HOLDING>). While the credibility of the opinions of the Options: A. recognizing treating physicians opinion that he would expect the applicant to miss more than two or more days of work per month as an opinion regarding the nature and severity of a medical condition that is entitled to controlling weight if wellsupported by medical findings and not inconsistent with other substantial evidence B. holding that a treating physicians medical opinion must be given controlling weight only when it is well supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in the record C. holding that opinions of treating doctors are not conclusive in determining disability status and must be supported by medically acceptable clinical and diagnostic data D. holding that the weight given a treating physicians opinion is limited if the opinion consists only of conclusory statements E. holding that the weight given to a treating physicians opinion is limited if the opinion consists only of conclusory statements

assistant: The best answer is B. holding that a treating physicians medical opinion must be given controlling weight only when it is well supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in the record
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: 471 U.S. 81 105 S.Ct. 1859 85 L.Ed.2d 61 Kenneth CORY, Leo T. McCarthy and Jesse R. Huff, Appellants,v.WESTERN OIL AND GAS ASSOCIATION et al No. 84-16 Supreme Court of the United States March 27, 1985 Rehearing Denied May 13, 1985. See 471 U.S. 1112, 105 S.Ct. 2349. PER CURIAM. 1 The judgment is affirmed by an equally divided Court. 2 Justice POWELL took no part in the decision of this case.

assistant: 8
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 4. The Receiving Party agrees that the Information will be used solely for giving effect to the Business Under Discussion and further that it will not disclose to any person (ii) the fact that the Information has been made available to the Receiving Party or that the Receiving Party have inspected any portion of the Information, for any reason or purpose whatsoever, unless the Providing Party has consented in writing to such disclosure or except as stated otherwise herein or as required by law, order, decree, regulation, or governmental agency request.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Except to the extent that this Agreement expressly provides for payments to be allocated to a particular Lender or to the Lenders under a particular Facility, if any Lender (a “ Benefitted Lender ”) shall, at any time after the Loans and other amounts payable hereunder shall immediately become due and payable pursuant to Section 8, receive any payment of all or part of the Obligations owing to it, or receive any collateral in respect thereof (whether voluntarily or involuntarily, by set-off, pursuant to events or proceedings of the nature referred to in Section 8.1(f), or otherwise), in a greater proportion than any such payment to or collateral received by any other Lender, if any, in respect of the Obligations owing to such other Lender, such Benefitted Lender shall purchase for cash from the other Lenders a participating interest in such portion of the Obligations owing to each such other Lender, or shall provide such other Lenders with the benefits of any such collateral, as shall be necessary to cause such Benefitted Lender to share the excess payment or benefits of such collateral ratably with each of the Lenders; provided , however , that if all or any portion of such excess payment or benefits is thereafter recovered from such Benefitted Lender, such purchase shall be rescinded, and the purchase price and benefits returned, to the extent of such recovery, but without interest.

assistant: Adjustments
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: penalties concerning payment of wages and overtime”). Defendant argues that § 95.-ll(4)(c) should be held to apply to this action, and that it should be held time-barred thereunder. Upon consideration, it appears that the two-year limitations period is indeed, as argued by defendant, applicable to the instant case. McWilliams v. Escambia County School Board, 658 F.2d 326 (5th Cir. 1981). McWilliams held that § 95.11(4)(c) provides the appropriate time frame for commencement of § 1983 employment discrimination actions, since an employment discrimination case filed in Florida is considered to be a suit for the recovery of wages, even though the plaintiff requests more than just back pay. Id. at 658 F.2d at 330; Cf. Williams v. Western Electric Company, 618 F.2d 1110, 1111 (5th Cir. 1980) (<HOLDING>); Cutliff v. Greyhound Lines, Inc., 558 F.2d Options: A. holding that in title vii cases the mixedmotives theory of discrimination is available in cases with circumstantial evidence of discrimination B. holding 95114c generally applicable to employment discrimination cases C. holding that the contention that all employment discrimination cases should be analyzed as mixedmotive cases is meritless D. holding that in title vii cases the mixedmotive theory of discrimination is available in cases with circumstantial evidence of discrimination E. holding that direct evidence of discrimination is not required to prove discrimination in mixed motive cases under title vii

assistant: The best answer is B. holding 95114c generally applicable to employment discrimination cases
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 provision of this Agreement or the Award Memorandum or the application of any provision hereof or thereof to any person or circumstances is held invalid or unenforceable, the remainder of this Agreement and the Award Memorandum and the application of such provision in any other person or circumstances shall not be affected, and the provisions so held to be invalid or unenforceable shall be reformed to the extent (and only to the extent) necessary to make it enforceable and valid.

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 case excerpt and choose the best holding from the options. Case excerpt: merely made the point that Muhammad’s continued resistance caused the force escalation, not that Muhammad asked for excessive force. We conclude that allowing the attorney’s comments did not amount to plain error on the part of the district court. Even assuming counsel’s comments were objectionable, Muhammad has not shown plain error. To secure a reversal under the plain error standard, Muhammad must show that defense counsel’s comments caused an error constituting a “manifest miscarriage of justice.” Southern Pine Helicopters, Inc. v. Phoenix Aviation Managers, Inc., 320 F.3d 838, 840 (8th Cir.2003). If the plaintiffs attorney is given an opportunity to rebut an erroneous argument, this may explain away any prejudicial effect. See Rogers v. Rulo, 712 F.2d 363, 367 n. 3 (8th Cir.1983) (<HOLDING>). Here, Muhammad’s attorney had an opportunity Options: A. recognizing that the defenses response argument at closing can ameliorate the improper prosecutorial comments B. recognizing that a lawyers comments during closing argument may explain away the alleged prejudicial effect of the opposing parties closing argument comments C. holding that repeated references to uncontroverted evidence of an accuseds guilt throughout closing argument was reversible error where the comments were general and not tailored to the defense credibility argument D. holding that to obtain the proper context of a challenged statement made during closing arguments the court must recount in its entirety the portion of the closing argument wherein those statements appear E. recognizing that trial courts have discretion in regulating comments to be made in closing arguments

assistant: The best answer is B. recognizing that a lawyers comments during closing argument may explain away the alleged prejudicial effect of the opposing parties closing argument comments
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: support a breach of contract claim. See Colomar, 461 F.Supp.2d 1265 (allegations that patients with insurance and government benefits received significant discounts in price they paid for hospital’s services supported plaintiffs claim for breach of contract for unreasonable pricing); Payne v. Humana Hospital, 661 So.2d 1239 (Fla. 1st DCA 1995) (reversing dismissal of putative class action suit premised on unreasonable rates charged by a hospital even though contract required the payment of “prevailing rates” and “regular charges,” but did not “express prices within the four corners of the document.” The court described the charge master as a “complicated and unobtainable master charge list containing hundreds of items”); Mercy Hospital v. Carr, 297 So.2d 598 (Fla. 3rd DCA 1974) (<HOLDING>). In this case, the PIP statute imposes a duty Options: A. holding that an exception to the charges having to do with contributory negligence charges two three and four was insufficient to preserve issue for appeal B. holding that statute provides medical bill is admissible to prove amount fairness and reasonableness of charges C. holding that the trial court did not abuse its discretion by refusing to accept the defendants guilty pleas to two counts of the indictment and stating that even if the trial court erred the error had not prejudiced the defendant because he was found guilty by the jury of the charges to which he intended to plead and the evidence of the other crimes would have been admissible in the trial for the first degree murder charge D. holding that the speedy trial clock for state charges did not begin to run when the defendant was taken into custody by federal authorities on federal charges but rather when he was indicted for the state charges E. holding that although plaintiff was liable for medical services rendered he was not bound by the amount of the charges listed in the admission contract as he was entitled to question the reasonableness of the charges

assistant: The best answer is E. holding that although plaintiff was liable for medical services rendered he was not bound by the amount of the charges listed in the admission contract as he was entitled to question the reasonableness of the charges
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: from time to time , tinder may offer products and services for purchase ( `` in app purchases '' ) through itunes , google play or other application platforms authorized by tinder ( each , a `` software store '' ) .

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: Aubrey Sanders, Jr., was indicted for burglary of habitation. A jury found him guilty, found two felony enhancement paragraphs of the indictment true, found appellant had used or exhibited a deadly weapon, and assessed punishment at life in prison plus a $10,000 fine. This Court reversed and remanded to the trial court in Sanders v. State, 911 S.W.2d 227, 230 (Tex.App.—Corpus Christi 1995) (hereinafter “Sanders I ”). The court of criminal appeals granted discretionary review and reversed and remanded to this Court. We affirm as modified. Procedural History On original submission; we held the appellant was denied his absolute right to a jury shuffle under article 35.11 of the Texas Code of Criminal Procedure when the trial court shuffled the Sande , 66 (Tex.App.—Waco 1994, writ denied) (<HOLDING>). To permit appellant to raise issues not Options: A. holding ineffectiveness cannot be raised for first time on appeal B. holding that an issue not raised in the trial court cannot be raised for the first time on appeal C. holding that an issue not raised on appeal is waived D. holding that issue not raised in first appeal cannot be attacked in later appeal E. holding that issues not raised in the trial court may not be raised later on appeal

assistant: The best answer is D. holding that issue not raised in first appeal cannot be attacked in later 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 legal provision and list the applicable contract clause categories. Provision: MK Holdings will not, and will not permit any of its Subsidiaries to, sell, lease or otherwise transfer any property or assets to, or purchase, lease or otherwise acquire any property or assets from, or otherwise engage in any other transactions with, any of its Affiliates, except (a) at prices and on financial terms and conditions (in the aggregate, taking into account all of MK Holdings’ and its Subsidiaries’ transactions with, and the benefits to MK Holdings and its Subsidiaries derived from MK Holdings’ and its Subsidiaries’ Investment in, such Affiliate) not less favorable to MK Holdings or such Subsidiary than could be obtained on an arm’s-length basis from unrelated third parties, (b) transactions between or among MK Holdings and its Subsidiaries (or any Person that becomes a Subsidiary as a result of such transaction) not involving any other Affiliate, (c) any Restricted Payment permitted by Section 6.06; (d) any Investment permitted by Section 6.04; (e) fees and compensation paid (including through the issuance of Equity Interests in MK Holdings or any direct or indirect parent thereof) and benefits provided to, and customary indemnity and reimbursement provided on behalf of, officers, directors, employees, agents or consultants of MK Holdings or any of its Subsidiaries; (f) employment and severance arrangements entered into by MK Holdings or any of its Subsidiaries in the ordinary course of business and transactions pursuant to any employee or director equity plan, employee or director stock option plan or any other employee or director benefit plan; provided that any payments made under such agreements or plans are made in compliance with this Agreement; and (g) any agreement, instrument or arrangement as in effect on the Effective Date and set forth on Schedule 6.06, and any amendment, supplement or other modification thereto, so long as any such amendment, supplement or modification is not adverse to the Lenders in any material respect as compared to the terms of the applicable agreement, instrument or arrangement as in effect on the Effective Date.

assistant: Transactions With Affiliates