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: All of the covenants, agreements, representations and warranties made by the parties in this Agreement will survive the Closing, the execution and delivery of the Assignment Documents and other instruments under this Agreement, and the transfer of the Property between the parties, and they shall not be merged into or superseded by the Assignment Documents or other documents delivered at Closing. Notwithstanding anything herein to the contrary, Buyer will not be entitled to make a Claim against Seller: (a) in connection with any alleged breach of or inaccuracy in any of the representations and warranties contained in Section 3.2 unless Buyer notifies Seller of such Claim in writing within eighteen (18) months after the Closing Date; or (b) in connection with any alleged failure by Seller to perform or satisfy its covenants or other agreements in this Agreement unless Buyer notifies Seller of such Claim in writing within twenty-four (24) months after the Closing Date.

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 legal provision and list the applicable contract clause categories. Provision: Awards shall vest, become exercisable and be settled as determined by the Board. With respect to Options and SARs, the exercise price shall not be less than the Fair Market Value of the Shares at the time that such Option or SAR is granted.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall not, and shall not permit any Subsidiary to, enter into any arrangement, directly or indirectly, with any Person whereby it shall sell or transfer any Property, whether now owned or hereafter acquired, and thereafter rent or lease such Property which it intends to use for substantially the same purpose or purposes as the Property being sold or transferred.

assistant: Sales
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: particular guidelines lack any empirical basis and almost always result in a range near the statutory maximum, even for low level offenders. We have previously rejected similar arguments and held that courts should “give respectful attention to Congress’s view that child pornography crimes are serious offenses deserving serious sanctions.” United States v. Strieper, 666 F.3d 288, 296 (4th Cir.2012) (alterations and internal quotation marks omitted); see also United States v. Mondragon-Santiago, 564 F.3d 357, 366-67 (5th Cir.2009) (recognizing that appellate courts are not required to discard presumption of reasonableness for sentences based on non-empirically-grounded Guidelines and applying presumption accordingly); United States v. McLaughlin, 760 F.3d 699, 707-08 (7th Cir.2014) (<HOLDING>). Here, the court balanced the statutory Options: A. holding a sentence is not based on the guidelines unless the plea agreement itself expressly uses a guidelines sentencing range to establish the term of imprisonment B. holding that defendant entitled to resentencing if the sentence imposed under the unconstitutional 1995 sentencing guidelines would constitute an impermissible departure sentence under the 1994 guidelines C. holding that sentencing court could consider whether the applicable guidelines were outdated and disproportionate but that imposing sentence based on the guidelines did not render sentence substantively unreasonable D. holding that a court could not agree to impose a sentence within the guidelines but then give a sentence that suspended all but an amount within the guidelines because a reasonable defendant would believe that within the guidelines included suspended time E. holding that the guidelines did not strip the sentencing court of its discretion to impose a concurrent sentence

assistant: The best answer is C. holding that sentencing court could consider whether the applicable guidelines were outdated and disproportionate but that imposing sentence based on the guidelines did not render sentence substantively unreasonable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that in prior decisions, this court has dealt with the issue of duty of care owed in medical-malpractice cases in terms of the standard of care offered by providers of the same specialty in the same or similar locality. That standard is fixed by the General Assembly and reads as follows: (a) In any action for medical injury, when the asserted negligence does not lie within the jury’s comprehension as a matter of common knowledge, the plaintiff shall have the burden of proving: (1) By means of expert testimony provided only by a medical care provider of the same specialty as the defendant, the degree of skill and learning ordinarily possessed and used by members of the profession of the medical care provider in good standing, engaged in the same type of practice or spec .2d 636 (1991) (<HOLDING>); Courteau v. Dodd, 299 Ark. 380, 773 S.W.2d Options: A. holding that dismissal without prejudice was appropriate where a plaintiff failed to name each of the persons alleged to have violated the appropriate standard of care B. holding that appellant failed to preserve error because it did not present appellate complaint to trial court C. holding that where appellant failed to meet proof with proof in the form of expert testimony to demonstrate that appelleedoctor violated appropriate standard of care trial court did not err in granting appelleedoctors summaryjudgment motion D. holding that where appellant failed to present either expert or lay testimony as to the appropriate standard of care to be used appellant failed to present any evidence indicating the existence of an issue of fact thus summary judgment was proper E. holding the appellant was deemed to have abandoned an issue for which he failed to provide any argument or supporting authority

assistant: The best answer is D. holding that where appellant failed to present either expert or lay testimony as to the appropriate standard of care to be used appellant failed to present any evidence indicating the existence of an issue of fact thus summary judgment was proper
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: P.2d 1275 (1991). Here LKO sued for a judicial declaration of its understanding of the agreement with Mr. Fair and TCG. ¶25 In Hizey, clients sued their attorney and alleged legal malpractice based on the lawyer’s conflict of interest. Hizey, 119 Wn.2d at 256-57. The trial judge refused to let an expert testify on rules of professional conduct and refused to instruct the jury on those rules. Id. at 257-58. The Supreme Court affirmed. The court held that a violation of ethics rules must be pursued through a disciplinary proceeding. Id. at 259. And the court held that such violations may not serve as the basis for a private cause of action. Id. at 259, 261. The court reasoned that a claim for legal malpractice focuses on the duty of care owed to the client, which is establishe 28 (1991) (<HOLDING>)). At least one legal scholar has suggested Options: A. holding contract for sale of law practice which included duty on part of selling attorney to refer clients as consideration for the sale violated rpc B. holding that an attorney approval clause in a contract for the sale of real estate was a part of that contract and would have to be satisfied for the underlying contract to be enforceable C. holding that the validity of a contract for a commission for the sale of real estate is determined by the law of the state where the contract is made D. holding that an agreement in which one party promised to make monthly payments to the other partys attorney as part of an asset sale contract was for the direct benefit of the attorney E. holding in the analogous context of choiceoflaw in relation to the sale of personal property that compensation for arranging the sale is assessed apart from underlying sale

assistant: The best answer is A. holding contract for sale of law practice which included duty on part of selling attorney to refer clients as consideration for the sale violated rpc
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: On a Participant's entitlement to payment of benefits under either Section 6.1, 6.2, or 6.4, he shall file with the Committee his written election on such form or forms, and subject to such conditions as the Committee shall provide. His election shall specify whether he wishes payments of his benefits to be made as of such entitlement or to be deferred to the extent provided below. If payments become due for any reason other than Retirement, death or Disability, and if the amounts due from the Participant's Accounts are in excess of $1,000 ($5,000 before March 28, 2005), payment of such amounts shall be deferred to the extent provided below unless the Participant, and his spouse, if applicable, consent to earlier payment. Effective January 1, 2002, a contribution to a Rollover Account (and earnings allocable thereto) within the meaning of sections 402(c), 403(a)(4), 403(b)(8), 408(d)(3)(A)(ii), and 457(e)(16) of the Code shall not be counted in determining whether the amounts due from the Participant's Accounts exceeds the $5,000 threshold, but shall be counted in determining the $1,000 threshold.

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 legal provision and list the applicable contract clause categories. Provision: Each Party agrees to promptly execute and deliver or cause to be executed and delivered to the other on the Closing Date, and at such other times thereafter as shall be reasonably requested, any additional instrument or take any further action as may be reasonably necessary or appropriate that the other may reasonably request for the purpose of carrying out the transactions contemplated by and the purposes and intents of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of triggering the ninety day limitations period. The RTC argues that the ninety day period should not begin to run until it is formally substituted in the state court action. Plaintiffs argue that the ninety day period should begin to run from the day the RTC is appointed receiver. Although there is no relevant authority in this circuit clarifying this point, other courts have decided the issue.' Most courts that have faced the issue have determined that the ninety day period begins to run from the day the RTC is appointed receiver. See Montalvo Santiago v. Resolution Trust Corp., 779 F.Supp. 632, 633-34 (D.P.R.1991); Towns Real Estate & Appraisal v. Resolution Trust Corp., 753 F.Supp. 914 (N.D.Ala.1991). Cf. Woburn Five Cents Sav. Bank v. Hicks Inc., 930 F.2d 965 (1st Cir.1991) (<HOLDING>). According to these courts, to hold otherwise Options: A. holding that the oneyear period begins to run when the mandate of the court of appeals issues B. holding that a banks fdic certificate of insurance was sufficient to establish that the bank was insured by the fdic C. holding that limitation period begins to run at the time of the breach D. holding that the limitation period for the fdic to remove begins to run when the fdic is appointed receiver E. holding that the statute of limitations period begins to run when the allegedly discriminatory pension plan is applied to the plaintiffs and leaving determination of the actual date the statute begins to run on each claim to the district court

assistant: The best answer is D. holding that the limitation period for the fdic to remove begins to run when the fdic is appointed receiver
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: Cude v. State, 588 S.W.2d 895, 897-98 (Tex.Crim.App.1979) (in armed robbery trial defense counsel’s repeated failure to object to inadmissible extraneous offense evidence of the (Tex.Crim.App.1983) (recognizing “inherently prejudicial” nature of extraneous offense evidence). This is particularly true when, as here, the defense strategy was based almost entirely on the defendant’s credibility versus the complainant’s credibility. Opening the door to otherwise inadmissible extraneous offense evidence that undermines the defendant’s character and credibility serves no purpose other than to prejudice the defendant’s ability to present his defense. Robertson, 187 S.W.3d at 484; Menchaca, 854 S.W.2d at 132-33; Stone v. State, 17 S.W.3d 348, 352-54 (Tex.App.-Corpus Christi 2000, pet. ref'd) (<HOLDING>). Accordingly, because Garcia’s defense turned Options: A. holding trial record affirmatively showed defense counsel rendered ineffective assistance by purposefully eliciting testimony as to defendants remote prior conviction for a different offense where there could be no possible reasonable strategy because defendants credibility was crucial to his alibi defense B. holding that where defense turned on defendants credibility there could be no strategic basis for allowing jury to hear defendant had prior conviction for same offense for which he was being tried and concluding counsel rendered ineffective assistance C. holding that defendant failed to show that his trial counsel rendered ineffective assistance by not objecting to the states leading questions when there was no evidence that such failure was not based on trial strategy D. holding that where defense depended on defendants credibility there was no possible reasonable strategy and defense counsel rendered deficient performance by intentionally eliciting and opening the door to otherwise inadmissible and clearly prejudicial evidence of defen dants current incarceration on two prior convictions one of which involved similar conduct to the charged offense during the guiltinnocence phase E. holding defense counsel was not ineffective for choosing as matter of trial strategy to proceed with only one of several available theories of defense

assistant: The best answer is A. holding trial record affirmatively showed defense counsel rendered ineffective assistance by purposefully eliciting testimony as to defendants remote prior conviction for a different offense where there could be no possible reasonable strategy because defendants credibility was crucial to his alibi defense
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective successors, (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business and/or assets of the Company), assigns, spouses, heirs, executors and personal and legal representatives. The Company shall require and cause any successor(s) (whether directly or indirectly, whether in one or a series of transactions, and whether by purchase, merger, consolidation or otherwise) to all or a significant portion of the business and/or assets of the Company and/or its subsidiaries (on a consolidated basis), by written agreement in form and substance reasonably satisfactory to the Indemnitee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform if no such succession had taken place; provided that no such assumption shall relieve the Company from its obligations hereunder and any obligations shall thereafter be joint and several. This Agreement shall continue in effect regardless of whether the Indemnitee continues to serve as a director of the Company and/or on behalf of or at the request of the Company as a director, officer, manager, member, partner, fiduciary, trustee or in a similar capacity of another Person. Except as provided in this Section 16, neither party shall, without the prior written consent of the other, assign or delegate this Agreement or any rights or obligations hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: None of Seller, GenPar, or LP has entered into any agreement with any broker, finder, or similar agent of any Person or firm that will result in the obligation of Purchaser to pay any finder’s fees, brokerage fees or commissions or similar payment in connection with the transactions contemplated by this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Judge. Robert Joshua Wilson appeals the denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. We affirm without comment the postconviction court’s order summarily deny d for resentencing. ALTENBERND and MORRIS, JJ., concur. 1 . To be fair, this court did not explicitly state in our 2011 opinion that a new sentencing hearing was required. 2 . Mr. Wilson’s right to be resentenced by the circuit court judge who imposed his original sentence shall be determined in accordance with rule 3.700. See Clemons v. State, 816 So.2d 1180, 1182 (Fla. 2d DCA 2002) Options: A. holding that resentencing is required B. holding resentencing is not always required C. holding that the requirements of rule 3700 apply to resentencing D. holding that the requirements of title iii apply and must be satisfied E. holding that defendant may be subject to death penalty on resentencing

assistant: The best answer is C. holding that the requirements of rule 3700 apply to resentencing
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) All notices and other communications provided for hereunder shall be in writing (including telecopy/fax, telegraphic, telex or cable communication) and mailed, telegraphed, telecopied/faxed, telexed, cabled or delivered, to the addresses specified in Schedule II hereto; or to the Company or the Administrative Agent, at such other address as shall be designated by such party in a written notice to the other parties and, to each other party, at such other address as shall be designated by such party in a written notice to the Company and the Administrative Agent. All such notices and communications shall, (a) when mailed, be effective three Business Days after the same is deposited in the mails, (b) when mailed for next day delivery by a reputable freight company or reputable overnight courier service, be effective one Business Day thereafter, and (c) when sent by telegraph, telecopy/fax, telex or cable, be effective when the same is telegraphed, telecopied/faxed and receipt thereof is confirmed by telephone or return telecopy/fax, confirmed by telex answerback or delivered to the cable company, respectively, except that notices and communications to the Administrative Agent pursuant to Article II, III or VIII shall not be effective until received by the Administrative Agent.

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: in the Texas Code of Criminal Procedure and Miranda and focus solely on judicial interpretation of "custodial interrogation” as used in Miranda. We limit our analysis accordingly. See Herrera v. State, 241 S.W.3d 520, 526 (Tex.Crim.App.2007) ("The warnings provided in Section 2(a) are virtually identical to the Miranda warnings” and "are required only when there is custodial interrogation” as construed in Miranda.). 9 . We refer to the Innis test as the "should-have-known test.” 10 . See also Jones v. State, 795 S.W.2d 171, 172 (Tex.Crim.App.1990) ("[W]e hold the police questioning incident to the videotaped sobriety test was 'activity normally attendant to arrest and custody’ of a DWI suspect, not 'interrogation.' ”); McGinty v. State, 723 S.W.2d 719, 722 (Tex.Crim.App.1986) (<HOLDING>). 11 . Four justices concurred on other grounds Options: A. holding that custodial interrogation by police must not occur prior to suspect being informed of his or her right to counsel and against selfincrimination B. holding that miranda does not apply to statements of the defendant which are voluntary and unsolicited and not the product of custodial interrogation C. holding that a refusal to sign an implied consent form is not a refusal to submit to a breathalyzer test for purposes of section 1547 D. holding that denial of an independent chemical test after defendant refused to submit to a policeadministered test did not violate due process E. holding that refusal to submit to breathalyzer test did not result from custodial interrogation

assistant: The best answer is E. holding that refusal to submit to breathalyzer test did not result from custodial interrogation
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 recover damages for pain and suffering. First, the court in Lopez reasoned that section 1988(a) does not apply to modem civil rights provisions such as Title IX. Lopez, 5 F.Supp.3d at 1119 (“Section 1988 is clear — it applies to specific claims brought under specific provisions that do not include the more modern civil rights actions of the twentieth century.”). Second, the court concluded that eveñ if section 1988(a) did apply to Title IX, California’s survival statute does not apply to Title IX because its application would be inconsistent with the broad remedial purpose of Title IX. Id. Because the ACA draws on Title IX’s prohibition on discrimination on the basis of sex, the Court is persuaded by the Lopez duc., Inc., No. C98-1312, 1999 WL 138889, at *5 (N.D. Cal. Mar. 9, 1999) (<HOLDING>). These cases, however, are inapplicable Options: A. holding that a teacher could not sue as a representative of her students under unruh B. holding no rational fact finder could conclude that a teacher acted with deliberate indifference to her students wellbeing because the teacher did not know there was any immediate danger in allowing the plaintiff to briefly use the nextdoor bathroom alone C. holding that plaintiffs motion to amend her complaint to add her husband as a defendant did not relate back because her failure to sue her husband was not due to misnomer or mistake involving the identity of the proper party but because the law at the time of the complaint did not allow one spouse to sue another in tort D. holding that sexual molestation of students by teacher is presumed to result in physical injury E. holding that a students right to bodily integrity under the fourteenth amendment encompasses a students right to be free from sexual assaults by his or her teachers

assistant: The best answer is A. holding that a teacher could not sue as a representative of her students under unruh
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: doctrine applies at all in the context of the dormant Foreign Commerce Clause. The Supreme Court has never breached this frontier, although it has insinuated that the doctrine, if viable to any extent in the area of foreign commerce, would have to be more narrowly configured. See Reeves, 447 U.S. at 437 n. 9, 100 S.Ct. 2271 (“We have no occasion to explore the limits imposed on state proprietary actions by the ‘foreign commerce’ Clause.... We note, however, that Commerce Clause scrutiny may well be more rigorous when a restraint on foreign commerce is alleged.”). The issue has arisen sporadically in other courts, and what little case law there is appears to be in some disarray. Compare, e.g., Bethlehem Steel Corp. v. Bd. of Comm’rs, 276 Cal.App.2d 221, 228-29, 80 Cal.Rptr. 800 (1969) (<HOLDING>), with, e.g., Trojan Techs., Inc. v. Options: A. holding pennsylvania foreign attachment procedures unconstitutional B. holding that a ceremonial marriage performed under the laws of a foreign power by a foreign consular officer on united states territory was invalid because it did not comply with the laws of new york state C. holding market participant exception applicable to foreign commerce clause so as to shield state buy american law D. holding state buy american statute unconstitutional because it interfered with federal foreign affairs power emphasizing its effect on foreign commerce E. holding that the title of the statute engaging in illicit sexual conduct in foreign places and the requirement that the defendant travel in foreign commerce evinced congressional intent to apply the statute extraterritorially

assistant: The best answer is D. holding state buy american statute unconstitutional because it interfered with federal foreign affairs power emphasizing its effect on foreign commerce
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: obstruct, delay, or resist a police officer in the performance of their duties. Q: Were the officers engaged in the performance of their duties as they were giving command to Mr. Smith to put his hands on his head and step off the porch? A: Yes. Q: Was Mr. Smith’s noncompliance with those commands obstructing or delaying the officers in the performance of their duties? A: Yes. Q':. So based on your training and experience, Mr. Smith — that is, by the time that you’re approaching him on the porch — Mr. Smith had violated Penal Code Section 148. A: Sure. 4 . Additionally, we note that other circuits have held that Heck does not bar § 1983 actions alleging excessive force despite the plaintiff's conviction for resisting arrest. See, e.g., Robinson v. Doe, 272 F.3d 921, 923 (7th Cir.2001) (<HOLDING>); Willingham v. Loughnan, 261 F.3d 1178, 1183 Options: A. holding on facts similar to this case that when evidence seized in violation of the fourth amendment is the only evidence underlying a conviction a successful civil challenge would necessarily imply the invalidity of the conviction B. holding that force exerted against an officer after an arrest is complete cannot be used as the basis for prosecuting one for resisting arrest C. holding that that if the success of a 1983 damages claim brought by a prisoner would necessarily imply the invalidity of his conviction or sentence the prisoner may only bring the claim where the conviction or sentence has been invalidated D. holding avoiding arrest is not the same as resisting arrest E. holding that a finding of excessive force in a 1983 action would not necessarily imply the invalidity of the plaintiffs conviction for resisting arrest

assistant: The best answer is E. holding that a finding of excessive force in a 1983 action would not necessarily imply the invalidity of the plaintiffs conviction for resisting arrest
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: You will be entitled to participate in and receive the benefits of any retirement benefit plan, life insurance, profit sharing, employee stock ownership, and other plans, benefits and privileges of the Company that may be in effect from time to time, to the extent you are eligible under the terms of those plans and programs. It is understood that the Board of Directors may, in its sole discretion, establish, modify or terminate such plans, programs or benefits.

assistant: Benefits
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: proceeding commenced. Only one of those creditors— Dormin Shipping — has objected to the relief sought by the foreign representative. Dormin is free to argue to the Danish bankruptcy court that Dormin has a superior claim to the amount it successfully garnished before the Danish bankruptcy commenced. Finally, the Objecting Creditors also assert that even if the Court grants comity to the Danish proceeding, the Rule B attachments should remain in force because comity is not one of the listed grounds for vacating a Rule B attachment under the Second Circuit’s decision in Aqua Stoli, 460 F.3d at 436. But the application of comity very often has the effect of overriding domestic legal doctrines or rules. See, e.g., In re Ephedra Prods. Liab. Litig., 349 B.R. 333, 337 (S.D.N.Y.2006) (<HOLDING>); Triton Container Int’l Ltd. v. Cinave S.A., Options: A. holding trial counsel was ineffective for failing to object to improper argument about defendants exercise of his right to a jury trial and stating that the prosecution cannot use the defendants exercise of specific fundamental constitutional guarantees against him at trial B. recognizing canadian order as an exercise of comity even though it overrode a defendants constitutional right to a civil jury trial C. recognizing the right to waive a jury trial D. holding that there is both a statutory and a constitutional right to a jury trial under erisa because congress lacks constitutional authority to limit right to a jury E. recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights

assistant: The best answer is B. recognizing canadian order as an exercise of comity even though it overrode a defendants constitutional right to a civil jury trial
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Plan was approved by the shareholders of the Company at the 2007 Annual Meeting of the Stockholders of the Company and last reapproved by the shareholders at the 2016 Annual Meeting of Stockholders. The Plan is hereby amended and restated, effective as of May 15, 2019 (the “Amended Effective Date”).

assistant: Effective Dates
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 obtained in aid of the commission of a crime or a fraud.” N.J.S.A. 2A:84-20(2)(a); N.J.R.E. 504(2)(a). This exception is “a statutory recognition of a situation in which the purpose of the privilege would not be served by its enforcement.” Fellerman, supra, 99 N.J. at 503, 493 A.2d 1239. “A lawyer cannot be properly consulted professionally for advice to aid in the perpetration of a fraud on a court. The claim of ‘privilege’ is that of the client and a fraudulent object or purpose puts him beyond” the scope of this protection. Ibid, (citing In re Stein, 1 N.J. 228, 236, 62 A.2d 801 (1949)). A second statutory exception, N.J.S.A. 2A:84A-20(2)(a), applies when the holder knowingly and without coercion waives the privilege. Kinsella v. Kinsella, 150 N.J. 276, 300, 696 A.2d 556 (1997)(<HOLDING>) (citations omitted). The Court recognized a Options: A. recognizing that an attorney has a duty of loyalty to his client B. holding that a client only waives the privilege to the extent necessary to reveal the advice of counsel he placed at issue C. holding that inconsistencies between an application and testimony can serve as the basis for adverse credibility findings where the testimonial change goes to the heart of a petitioners claim D. recognizing implicit waiver of the attorney client privilege where the plaintiff has placed in issue a communication which goes to the heart of the claim in controversy E. holding that when an attorney represents multiple clients and a dispute between the attorney and one client later occurs there is a waiver of the privilege but only by the client asserting the liability

assistant: The best answer is D. recognizing implicit waiver of the attorney client privilege where the plaintiff has placed in issue a communication which goes to the heart of the claim in controversy
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: For purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, the following terms, when used in this Agreement and other documents delivered in connection herewith, have the meanings assigned to them in this Section 1.1.

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 case excerpt and choose the best holding from the options. Case excerpt: because the patentee cancelled a claim covering “triple superphosphate” and expressly disclaimed that compound in his arguments to the examiner to gain patent allowance. Id. We reached a similar conclusion in Ballard Medical Products v. Allegiance Healthcare Corporation, 268 F.3d 1352, 1359-62, 60 USPQ2d 1493, 1499-1501 (Fed.Cir.2001), which involved means-plus-function claims. There, the patentee asserted that the accused devices were equivalents, under paragraph 6 of section 112, to the claimed function’s corresponding structure. Id. at 1359, 268 F.3d 1352, 60 USPQ2d at 1499. We rejected that assertion on the basis of prosecution disclaimer: When a patentee advises the examiner (and the public after patent issuance) that a particular structure is not within his invention, the pate 7 (<HOLDING>). To balance the importance of public notice Options: A. recognizing due process right to notice and informal hearing in school disciplinary process B. holding regular use of process cannot constitute abuse of process C. holding that when a prisoners deliberate indifference claim is covered by the eighth amendment the substantive due process claims are duplicative and thus the substantive due process claims should be dismissed D. holding that to establish a claim for abuse of process a claimant must demonstrate an act in the use of the process not proper in the regular prosecution of the proceedings E. holding that the limitation sputterdeposited dielectric excluded a twostep process because the patentee argued during prosecution that the metal oxide in the process was directly deposited and that the invention thus only covered a onestep process

assistant: The best answer is E. holding that the limitation sputterdeposited dielectric excluded a twostep process because the patentee argued during prosecution that the metal oxide in the process was directly deposited and that the invention thus only covered a onestep process
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 indemnities set forth herein including in Sections 2.10, 2.11, 3.06, 5.04, 12.06 and 13.01 shall survive the execution, delivery and termination of this Agreement and the Notes and the making and repayment of the Obligations.

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: keep their promise at the time it was made. 1. Fraud with Particularity Under Fed.R.Civ.P. 9(b), “all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity.” This rule requires the plaintiff to allege such circumstances so the defendant can prepare an adequate answer from the allegations. Walling v. Beverly Enterprises, 476 F.2d 393, 397 (9th Cir.1973). The plaintiff should include the time, place and content of the alleged misrepresentations. Decker v. GlenFed, Inc., 42 F.3d 1541, 1548 (9th Cir.1994). A plaintiff should set forth reasons why the statements were false. Id. Additionally, the plaintiff should, where possible, identify who made the representations. See Wool v. Tandem Computers, Inc., 818 F.2d 1433 (9th Cir.1987) (<HOLDING>). Defendants argue that Plaintiffs’ allegations Options: A. holding that a plaintiff has a duty to plead the date of discovery of fraud where the alleged fraud apparently occurred at a remote time B. recognizing that rule 9b is largely designed to give each opponent notice of his purported role in the alleged fraud C. holding that a plaintiff is required to identify specific acts of individual defendants for his claim to survive D. holding that plaintiff should identify when possible the role of individual defendants in the alleged fraud E. holding that where a plaintiff is unaware of the identity of alleged defendants plaintiff should be given an opportunity through discovery to identify the unknown defendants unless it is clear that discovery would not uncover the identities or that the complaint would be dismissed on other grounds

assistant: The best answer is D. holding that plaintiff should identify when possible the role of individual defendants in the alleged fraud
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: medical care.”). But Cooleen can properly invoke the Eighth Amendment to challenge issues relating to his medical care. The very viability of his Eighth Amendment claims means that his substantive due process claims are without merit, as the Supreme Court has explained that “ ‘if a constitutional claim is covered by a specific constitutional provision, such as the Fourth or Eighth Amendment, the claim must be analyzed under the standard appropriate to that specific provision, not under the rubric of substantive due process.’ ” County of Sacramento v. Lewis, 528 U.S. 833, 843, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (1998) (quoting United States v. Lanier, 520 U.S. 259, 272 n. 7, 117 S.Ct. 1219, 137 L.Ed.2d 432 (1997)); see also Graham v. Poole, 476 F.Supp.2d 257, 260-61 (W.D.N.Y.2007) (<HOLDING>) (quotations and citations omitted). Federal Options: A. holding that pretrial detainees can bring substantive due process claim B. recognizing 1983 substantive due process claim C. holding that mere neglect for prisoners safety does not amount to a substantive due process violation implying that intent to do harm would be an abuse of government power and amount to a substantive due process violation D. holding that when a prisoners deliberate indifference claim is covered by the eighth amendment the substantive due process claims are duplicative and thus the substantive due process claims should be dismissed E. holding that there is no substantive due process right under the fourteenth amendment to be free from malicious prosecution

assistant: The best answer is D. holding that when a prisoners deliberate indifference claim is covered by the eighth amendment the substantive due process claims are duplicative and thus the substantive due process claims should be dismissed
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 this Agreement is terminated due to Consultant’s death, this Agreement shall terminate and the Company shall have no obligations to Consultant or his estate, beneficiaries or legal representatives with respect to this Agreement other than payment of the Accrued Amounts, if any. Accrued Amounts, if any, shall be paid to Consultant in no event later than 15 days following Consultant’s termination on account of death. Notwithstanding the foregoing, in the event of his death, Consultant shall be considered as immediately and totally vested in any and all outstanding Awards, if any, previously granted to Consultant by Company; provided, however, with respect to Awards that are deemed deferred compensation subject to Code Section 409A, such accelerated vesting shall not cause an acceleration of a payment or result in a change in form of payment that would violate Code Section 409A.

assistant: Death
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 Employee agrees that the Company may assign to another person or entity that succeeds to the business of the Company any of the Company’s rights under this Agreement, provided that the Company shall remain fully liable for all of its obligations hereunder. The Employee may not assign his obligations under this Agreement.

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: and filed an opinion on January 20, 1994, in which he ruled that, in light of claimant’s inconsistent reports of his accident to doctors, he failed to prove an injury by accident. The commission reversed the deputy commissioner’s ruling and awarded claimant benefits beginning November 17,1992. The commission further stated that it could not rely on history relayed by a claimant to determine how an accident occurred. II. CONSIDERATION OF MEDICAL HISTORIES As the Supreme Court of Virginia has stated, “injuries resulting from repetitive trauma ... as well as injuries sustained at an unknown time, are not ‘injuries by accident’ within the meaning of Code § 65.1-7.” Morris v. Morris, 238 Va. 578, 589, 385 S.E.2d 858, 865 (1989) (emphasis added). In this 9, 434 S.E.2d 904, 907 (1993) (<HOLDING>); Baker v. Babcock & Wilcox Co., 11 Va.App. Options: A. recognizing that commissions rules permit hearsay evidence B. recognizing privilege under federal rules C. holding that because the rules of evidence including the rule against hearsay do not apply to sentencing hearings the district court did not err in relying on hearsay in ordering restitution D. holding that rules of evidence do not permit an expert to give opinion or state legal conclusions regarding a question of law E. holding that the district court did not err in relying on hearsay evidence where the government offered reasons why its hearsay evidence had indicia of reliability and the court considered the reliability of the evidence in deciding the weight to give the hearsay evidence

assistant: The best answer is A. recognizing that commissions rules permit hearsay evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall continue to engage primarily in the automotive business and preserve, renew and keep in full force and effect its organizational existence and take all reasonable actions to maintain all rights necessary for the normal conduct of its principal line of business, except, in each case, (i) to the extent that failure to do so would not have a Material Adverse Effect and (ii) as otherwise permitted or provided in the Loan Documents.

assistant: Existence
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: reasons, the Court GRANTS Defendant’s motion to dismiss Plaintiffs Complaint (Dkt. No. 5) and DISMISSES Plaintiffs Complaint with prejudice. IT IS SO ORDERED. 1 . Plaintiff did not attach a copy of the Note or the Mortgage to his Complaint. Indeed, Plaintiff did not even disclose the principal amount of the loan or the interest rate terms about which he complains. Defendant at taches copies of the Note and Mortgage to its Motion. The Court considers these documents in this motion to dismiss, although they are not formally attached to the Complaint, because they are referred to in the Complaint and are central to Plaintiff's claims. See Greenberg v. Life Ins. Co. of Virginia, 177 F.3d 507, 514 (6th Cir.1999). See also Weiner v. Klais & Co., Inc., 108 F.3d 86, 89 (6th Cir. 1997) (<HOLDING>). 2 . A civil conspiracy, by itself, is not a Options: A. holding that if the plaintiff fails to attach the written instrument upon which he relies the defendant may introduce the pertinent exhibit which becomes a part of the pleadings B. holding that trial court erred by not allowing the plaintiff to introduce evidence of prior dealings with the defendant C. holding that for the purpose of deciding a motion to dismiss the complaint includes any written instrument attached to it as an exhibit or any statements or documents incorporated in it by reference D. holding that a ruling of the trial court to which no error has been assigned becomes the law of the case and is not subject to review by the court of appeals E. holding that final judgment on the merits in one action bars any further claim based on the same nucleus of facts for it is the facts surrounding the transaction or occurrence which operate to constitute the cause of action not the legal theory upon which a litigant relies

assistant: The best answer is A. holding that if the plaintiff fails to attach the written instrument upon which he relies the defendant may introduce the pertinent exhibit which becomes a part of the pleadings