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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: look alike.... [i]f you put them in the same costume.” H. reported to Hayat’s investigator essentially the same comment by Cote, “that when they dress alike they all look the same.” B. also stated more generally that “[tjhroughout the deliberation process, Mr. Cote made other inappropriate racial comments,” but, aside from the “look alike” remark, did not say what any of them were. Generally, the Federal Rules of Evidence forbid courts from inquiring into what went on during jury deliberations. See Fed.R.Evid. 606(b). We have not decided, as some courts have, whether Rule 606(b) prevents us from considering evidence that a juror’s racial bias was expressed during deliberations. See Henley, 238 F.3d at 1120-21; compare, e.g., United, States v. Villar, 586 F.3d 76, 84, 87 (1st Cir.2009) (<HOLDING>), with United States v. Benally, 546 F.3d 1230, Options: A. holding that rule 606b precludes any inquiry into the validity of the verdict based on juror testimony regarding racial or ethnic comments made during the course of deliberations but that the rule against juror impeachment cannot be applied so inflexibly as to bar juror testimony in those rare and grave cases where claims of racial or ethnic bias during jury deliberations implicate a defendants right to due process and an impartial jury internal quotation marks omitted B. holding that rule 606b precludes a party seeking a new trial from using one jurors affidavit of what another juror said in deliberations to demonstrate the other jurors dishonesty during voir dire C. holding that juror interviews were not permissible where the alleged jury misconduct of premature deliberations constituted internal influence D. holding a new trial required when juror is replaced by an alternate during jury deliberations E. holding that the district courts dismissal of a juror after five weeks of deliberations violated the defendants right to a unanimous jury because the record evidence suggested the juror found the evidence insufficient for a conviction

assistant: The best answer is A. holding that rule 606b precludes any inquiry into the validity of the verdict based on juror testimony regarding racial or ethnic comments made during the course of deliberations but that the rule against juror impeachment cannot be applied so inflexibly as to bar juror testimony in those rare and grave cases where claims of racial or ethnic bias during jury deliberations implicate a defendants right to due process and an impartial jury internal quotation marks omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but together shall constitute one and the same instrument. Any copy of this Agreement containing a facsimile signature page shall be deemed an original for all purposes.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to address in the first instance. V. CONCLUSION For the foregoing reasons, we vacate the district court’s order denying Pioneer’s request for leave to amend its complaint to assert a claim under subsection (f)(3)(B) and we remand this case to the district court to address Pioneer’s request in accordance with this opinion. VACATED and REMANDED. 1 . Since the district court’s order, the Supreme Court has followed the same reasoning in Cooper Indus., Inc. v. Aviall Servs., Inc., 543 U.S. 157, 125 S.Ct. 577, 160 L.Ed.2d 548 (2004). 2 . In Bonner v. City of Prichard, 661 F.2d 1206, 1207 (11th Cir.l981)(en banc), this court adopted as binding precedent all decisions issued by the Fifth Circuit before the close of business on September 30, 1981. 3 . See Cooper Indus., Inc., 125 S.Ct. at 584 Options: A. holding that two robberies of different people at the same time are two separate offenses calling for two judgments and two sentences when the defendants were convicted of taking a grandfathers wallet pistol and car and taking a grandsons fishing equipment B. holding that the evidence supported two separate convictions and punishments for two attempted robberies of two different victims who suffered separate and distinct harms C. holding that subsections f1 and f3 provide two express avenues for contribution D. holding that in context of motion for reconsideration or to reopen congress envisioned two separate timely petitions for review of two separate final orders E. holding that trustees did not breach their fiduciary duty by deciding to set independent contribution rates for each local union

assistant: The best answer is C. holding that subsections f1 and f3 provide two express avenues for contribution
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: premium service features and content may change at any time , and we can not guarantee that any specific feature or content will be available for the entire free trial period .

assistant: Unilateral change
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 a county which has referenced landfilling will not have to establish the trust fund requirements if the landfill is Subtitle D compliant for new facilities nor will the arranger be required to indemnify the generator of the waste. Therefore, simply due to the preference that is accorded the local choice, a Subtitle D new facility is not as environmentally inferior as it was when the county preferred waste processing. The exception for the local preference has several implications. First, excluding the local choice, in conjunction with the realities of the Minnesota waste market, alleviates any burden that in-state waste management entities may feel under the application of Section 115A.47. See Government Suppliers Consolidating Serv. Inc. v. Bayh, 975 F.2d 1267, 1279 (7th Cir.1992) (<HOLDING>). Second, the exclusion constitutes substantial Options: A. holding that pma process is not specific regulation because the requirements are not contained in formal regulation B. holding that the regulation was discriminatory as instate entities were generally unaffected by the regulation and outofstate entities were substantially burdened C. holding that the challenge to a university regulation was moot because the regulation had been substantially amended D. holding that interpretation of regulation by va that conflicted with plain meaning of regulation not entitled to deference E. holding that where a regulation could not fairly be read to have spoken at all on an issue an agencys proposed interpretation of the regulation as it pertained to that issue was not a reasonable interpretation of the regulation

assistant: The best answer is B. holding that the regulation was discriminatory as instate entities were generally unaffected by the regulation and outofstate entities were substantially burdened
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: barge, that fact is at most tangential. The barge was not complete or in navigation when the accident occurred, and the accident neither caused harm to the barge nor can be specifically attributed to the location of the derrick on the vessel. Moreover, as noted above, the chain used was of a type predominantly employed for nonmaritime purposes. Neither the vehicle nor the instrumentalities involved, therefore, raise considerations creating a significant nexus to traditional maritime activities. Id. at 1427. The vehicles and instrumental-ities in the present case are the same as those in Molett I. Our law of the case doctrine requires that we find the maritime nexus lacking with respect to this factor. See also Watson v. Massman Construction Co., 850 F.2d 219, 223 (5th Cir.1988) (<HOLDING>). 3. The causation and type of injury Molett I Options: A. holding that platform workers death caused by an explosion on a platform bore no significant relation to maritime law even though the death occurred while the worker was located on a vessel in navigable waters B. holding that federal maritime law and not state law applies to all actions for wrongful death in navigable state waters C. holding that a worker injured on actual navigable waters in the course of employment is covered under the lhwca D. holding that despite the presence of a barge in navigable water which contributed to the death of a construction worker the vehicles and instrumentalities factor did not support a finding of maritime nexus E. holding offshore platform worker not engaged in maritime employment

assistant: The best answer is D. holding that despite the presence of a barge in navigable water which contributed to the death of a construction worker the vehicles and instrumentalities factor did not support a finding of maritime nexus
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: be proved in support of the claim. See id. It is well-settled that North Carolina law precludes a plaintiff from recovering more than one-satisfaction for the same injury, caused by different parties. “Both reason and justice decree that there should be collected no double compensation, or even overcompensation, for any injury, however many sources of compensation there may be.... Any amount paid by anybody, whether they be joint tort-feasors or otherwise, for and on account of any injury or damage, should be held for a credit on the total recovery in any action for the same injury or damage.” Holland v. Southern Public Utilities Co., Inc., 208 N.C. 289, 292, 180 S.E. 592, 593-94 (1935). See also Chemimetals Processing, Inc. v. Schrimsher, 140 N.C.App. 135, 138, 535 S.E.2d 594 (2000) (<HOLDING>); Chisholm v. UHP Projects, Inc., 205 F.3d 731, Options: A. holding that duplication of damages or double recovery is impermissible B. holding that the avoidance powers provide for recovery only if the recovery is for the benefit of the estate C. holding that recovery is limited to actual compensatory damages D. holding that it is wellsettled that although a plaintiff is entitled to full recovery for its damages it is not entitled to a double recovery for the same loss or injury E. holding that it is not

assistant: The best answer is D. holding that it is wellsettled that although a plaintiff is entitled to full recovery for its damages it is not entitled to a double recovery for the same loss or injury
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: being searched, and he did not take steps to insure that contraband did not come into the correctional facility as a result of it being in his backpack. Thus, the trial court essentially found that M.A.F. was in constructive possession of the marijuana when entering the jail. Constructive possession exists when the accused, without physical possession of the controlled substance, knows of its presence and has the ability to maintain control over it. See Byers v. State, 17 So.3d 825, 827 (Fla. 2d DCA 2009). While M.A.F.’s awareness that his backpack was coming into the facility tended to prove the element of knowledge of the presence of contraband, it did not establish that he had the ability to maintain control of it. See State v. Getzinger, 189 Or.App. 431, 76 P.3d 148, 149-50 (2003) (<HOLDING>). On the contrary, once the deputy placed Options: A. holding that trial judge was not authorized to impose jail time as condition of probation and deleting the 90 day jail penalty B. holding that evidence was insufficient to prove constructive possession where the defendant was in jail at the time the drugs were seized from his residence C. holding that the defendant was entitled to counsel when the offense for which he was tried could result in the imposition of a jail sentence D. holding that the defendants possession of contraband in a jail was not the result of a voluntary act on his part because officers brought him into the jail under arrest E. holding that the evidence was insufficient to prove the offense of supplying contraband to a jail because the defendant was not in possession of the drugs when he was taken to jail where the arresting officer entered the jail with the drugs

assistant: The best answer is E. holding that the evidence was insufficient to prove the offense of supplying contraband to a jail because the defendant was not in possession of the drugs when he was taken to jail where the arresting officer entered the jail with the drugs
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: Subject to the provisions of Section 6A hereof, including (i) receipt by Sublessor of Consent of the Master Lessor to the entry into this Sublease, and (ii) receipt by Sublessor of the InfoSpace Sublease Termination Agreement, this Sublease shall bind and inure to the benefit of the parties hereto, as well as their respective successors and assigns. No personal liability or personal responsibility is assumed by, or shall at any time be asserted or enforceable against, Sublessor’s or Sublessee’s respective directors, officers, employees, consultants or advisors on account of this Sublease or on account of any covenant, undertaking or agreement of Sublessor or Sublessee contained in this Sublease.

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: Commencing on the Start Date, Executive shall become employed by the Company as Chief Commercial Officer (“CCO”) reporting to the Company’s Chief Executive Officer (“CEO”) with such duties and responsibilities as may be reasonably assigned to Executive by the CEO or his designee and/or the Company’s Board of Directors (the “ Board ”). No public release, statement or communication concerning Executive’s employment with the Company shall be made by Executive without the prior approval of the Board.

assistant: Positions
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 could not reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect: (a) each Group Member and each of their respective ERISA Affiliates is in compliance with the applicable provisions of ERISA and the provisions of the Code relating to Plans or Foreign Plans and the regulations and published interpretations thereunder; and (b) no ERISA Event or Foreign Plan Event has occurred or is reasonably expected to occur. Except as set forth on Schedule 4.13 , the present value of all accumulated benefit obligations under each Pension Plan (based on the assumptions used for purposes of Accounting Standards Codification No. 715: Compensation-Retirement Benefits) did not, as of the date of the most recent financial statements reflecting such amounts, exceed the fair market value of the assets of such Pension Plan allocable to such accrued benefits by an amount that could reasonably be expected to have a Material Adverse Effect, and the present value of all accumulated benefit obligations of all underfunded Pension Plans (based on the assumptions used for purposes of Accounting Standards Codification No. 715: Compensation-Retirement Benefits) did not, as of the date of the most recent financial statements reflecting such amounts, exceed the fair market value of the assets of all such underfunded Pension Plans by an amount that could reasonably be expected to have a Material Adverse Effect.

assistant: Erisa
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: incorrect burden shifting instruction did not deny petitioner due process. With regard to the “acquittal first” contention, the trial court did not expressly require the jury to acquit petitioner of aggravated murder and murder before considering his guilt of voluntary manslaughter. The Ohio Supreme Court dealt with a similar instruction in State v. Thomas, 40 Ohio St.3d 213, 220, 533 N.E.2d 286 (1988). The Court stated that, although such instruction is not proper, the instruction did not have a coercive effect on the jury because the instruction dealt primarily with the jury’s inability to find an element of a greater offense. Similarly, the instruction in this case did not fundamentally deny petitioner a fair trial. See Jamison v. Collins, 100 F.Supp.2d 647, 719 (S.D.Ohio 2000) (<HOLDING>). b. Flight Instruction Petitioner next Options: A. holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given B. holding virtually identical instruction did not deny petitioner a fair trial C. holding that identical error did not prejudice defendant because by giving the instruction the judge merely gave the jury the opportunity to overturn his own ruling D. holding that in a criminal trial the trial court must correct or amend an improper instruction if the proper instruction is necessary for the jury to understand the case E. holding that district court did not err in giving an instruction identical to that proposed by jenkins

assistant: The best answer is B. holding virtually identical instruction did not deny petitioner a fair 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: (a) The Borrower shall make each payment hereunder, without counterclaim or set-off, not later than 11:00 A.M. (New York City time) on the day when due in Dollars to the Agent at the Agent’s Account in same day funds. The Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal or interest ratably (other than amounts payable pursuant to Section 2.11, 2.14 or 8.04(c)) to the Lenders for the account of their respective Applicable Lending Offices, and like funds relating to the payment of any other amount payable to any Lender to such Lender for the account of its Applicable Lending Office, in each case to be applied in accordance with the terms of this Agreement. Upon its acceptance of an Assignment and Assumption and recording of the information contained therein in the Register pursuant to Section 8.06(c), from and after the effective date specified in such Assignment and Assumption, the Agent shall make all payments hereunder and under the Notes in respect of the interest assigned thereby to the Lender assignee thereunder, and the parties to such Assignment and Assumption shall make all appropriate adjustments in such payments for periods prior to such effective date directly between themselves.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Each Loan Party and each of its Subsidiaries has good record, insurable and marketable title in fee simple to, or valid leasehold interests in, all real property necessary or used in the ordinary conduct of its business, except for such defects in title as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect and Permitted Liens.

assistant: Liens
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 rules contained in SDCL eh. 19-13; thus, the information is not privileged and may be discovered. This rule is in accordance with our holding that, “[t]he facts concerning the existence of a lawyer-client relationship are not privileged evidence.” Catch The Bear, 352 N.W.2d at 645 (citing McCormick’s Handbook of the Law of Evidence 185 (2d ed. 1972)). See Rosegay v. Canter, 187 N.J.Super. 652, 455 A.2d 610, 611-12 (1982) (stating that, “[tjhere is no rational basis to conclude that the patient-psychologist privilege would be superior [to the attorney-client privilege].”). Other courts that have directly faced the question of discovery of patient identities would support this rationale. This is borne out in secondary auth delphia, 155 Misc. 227, 279 N.Y.S. 580, 582 (N.Y.Cty.Ct.1935) (<HOLDING>). Similarly, the Sixth Circuit Court of Appeals Options: A. holding physician in action based on illegal cavity search to standard of a reasonable physician B. holding that testimony of a physician that a certain individual consulted with him was not privileged C. recognizing physician assistant as agent of the supervising physician D. holding that trial court properly refused to permit disclosure of privileged communications in part because use of the privileged information was not essential to the defense E. holding that the patientphysician privilege does not prevent testimony by a physician as to the fact that he was consulted by a patient on a certain date

assistant: The best answer is B. holding that testimony of a physician that a certain individual consulted with him was not privileged
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the two (2) years prior to the date hereof, the Company has filed all reports, schedules, forms, statements and other documents required to be filed by it with the SEC pursuant to the reporting requirements of the 1934 Act (all of the foregoing filed prior to the date hereof and all exhibits included therein and financial statements, notes and schedules thereto and documents incorporated by reference therein being hereinafter referred to as the “ SEC Documents ”). As of their respective dates, the SEC Documents complied in all material respects with the requirements of the 1934 Act and the rules and regulations of the SEC promulgated thereunder applicable to the SEC Documents, and none of the SEC Documents, at the time they were filed with the SEC, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. As of their respective dates, the financial statements of the Company included in the SEC Documents complied in all material respects with applicable accounting requirements and the published rules and regulations of the SEC with respect thereto as in effect as of the time of filing. Such financial statements have been prepared in accordance with generally accepted accounting principles, consistently applied, during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto, or (ii) in the case of unaudited interim statements, to the extent they may exclude the footnotes or may be condensed or summary statements) and fairly present in all material respects the financial position of the Company as of the dates thereof and the results of its operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments which will not be material, either individually or in the aggregate).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at issue but made no attempt to pump gas. He later went to the second station and again made no attempt to pump gas. Taken as a whole, the facts are not as consistent with innocent activity as criminal conduct, and they support a finding that Minassian was arrested in a suspicious place under circumstances that raised a reasonable belief that he had committed a crime. See Dyar, 125 S.W.3d at 464-85 (a place may become suspicious when circumstances raise a reasonable belief that a person has committed a crime there); Hall, 795 S.W.2d at 197 (the proper inquiry is not limited to whether the actual activity observed is innocent or criminal but instead concerns the degree of suspicion reasonably aroused by the observed activity); Lunde v. State, 736 S.W.2d 665, 667 (Tex.Crim.App.1987) (<HOLDING>). Thus, the trial court did not abuse its Options: A. holding that warrantless arrest based on probable cause did not violate the fourth amendment B. recognizing that a search incident to a lawful arrest permits a law enforcement officer to conduct a warrantless search of a container located in the area of the arrestees immediate control C. holding a warrantless arrest by a law officer is reasonable under the fourth amendment where there is probable cause to believe that a criminal offense has been or is being committed D. holding 1983 action lies for warrantless arrest without probable cause E. holding that another statutory provision authorizing warrantless arrest was satisfied despite that fact that law enforcement did not observe overtly criminal conduct

assistant: The best answer is E. holding that another statutory provision authorizing warrantless arrest was satisfied despite that fact that law enforcement did not observe overtly criminal conduct
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: advance, and because the notice plaintiff received did not specify that plaintiffs removal as an officer was to be considered, I find that the Code of Regulations has been violated. I do not find, however, that this violation amounts to a breach of the fiduciary duty by the individual defendants. Plaintiff attempts to conflate defendants’ obligations owed to him in his role as a director with defendants’ fiduciary duty toward him as an employee-shareholder. The obligation to comply with the notice requirement arises in plaintiffs role as a director of OIO. The fact that plaintiff was owed this notice as a director does not broaden the fiduciary duty defendants’ owe plaintiff as an employee-shareholder. See Leigh v. Crescent Square, Ltd. 80 Ohio App.3d 231, 239, 608 N.E.2d 1166, (1992) (<HOLDING>).' e. Good Faith and Legitimate Business Reason Options: A. holding that the concept of fiduciary duty did not require general partners to notify ousted partner of his impending ouster and that absent explicit provisions in a partnership agreement requiring advance notice to a party being removed notice hearing or a showing of cause is not implicitly required B. holding that notice of administrative forfeiture sent to prisoner did not require actual notice to the property owner only notice reasonably calculated to apprise a party of the pendency of the action C. holding that the defendant did not require advance notice where he could not show how he was prejudiced by late notice or how he could have been helped by additional notice D. holding that more than notice to a defendant is required E. holding that notice to supervisor is notice to city

assistant: The best answer is A. holding that the concept of fiduciary duty did not require general partners to notify ousted partner of his impending ouster and that absent explicit provisions in a partnership agreement requiring advance notice to a party being removed notice hearing or a showing of cause is not implicitly required
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you represent that you are a ` natural person ' who is over the age of eighteen ( 18 ) years old , or over the age of majority in the country where you are a citizen , and agree to these terms of use on behalf of yourself and , at your discretion , for one ( 1 ) minor child for whom you are a parent or guardian and whom you have authorized to use the account you create on the service .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed and construed according to the laws of the State of Minnesota without regard to conflicts of law provisions. The Company and Executive agree that if any action is brought pursuant to this Agreement that is not otherwise resolved by arbitration pursuant to Section 10.06, such dispute shall be resolved only in the District Court of Hennepin County, Minnesota, or the United States District Court for Minnesota, and each party hereto unconditionally (a) submits for itself in any proceeding relating to this Agreement, or for recognition and enforcement of any judgment in respect thereof, to the exclusive jurisdiction of the Hennepin County, Minnesota District Courts or the United States Federal District Court for Minnesota, and agrees that all claims in respect to any such proceeding shall be heard and determined in Hennepin County, Minnesota, Minnesota District Court or, to the extent permitted by law, in such federal court, (b) consents that any such proceeding may and shall be brought in such courts and waives any objection that it may now or thereafter have to the venue or jurisdiction of any such proceeding in any such court or that such proceeding was brought in an inconvenient court and agrees not to plead or claim the same; waives all right to trial by jury in any proceeding (whether based on contract, tort or otherwise) arising out of or relating to this Agreement, or its performance under or the enforcement of this Agreement; (d) agrees that service of process in any such proceeding may be effected by mailing a copy of such process by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such party at its address as provided in Section 10.08; and (e) agrees that nothing in this Agreement shall affect the right to effect service of process in any other manner permitted by the laws of the State of Minnesota.

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: Thompson Creek and Executive understand and agree that this Agreement contains all the agreements between Thompson Creek and Executive relating to Executive’s employment and termination of employment with Thompson Creek, other than the continuing obligations set forth in the Amended and Restated Employment Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All amounts payable and calculations hereunder will be in United States dollars and will be paid by bank wire transfer in immediately available funds to such bank account as may be designated in writing by the payee Party from time to time. Whenever for the purposes of calculating the Profit or royalties payable under Section 8.4 or 8.5 , conversion from any foreign currency will be required, all amounts will first be calculated in the currency in which the activity was paid or sale was recorded and then converted into United States dollars by applying the rate of exchange quoted in the New York edition of The Wall Street Journal on the last Business Day of the paying Party of the applicable Contract Quarter.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: By acceptance of this RSU, you consent to the electronic delivery of the Notice, this RSU Agreement, the Plan, account statements, Plan prospectuses required by the Securities and Exchange Commission, U.S. financial reports of the Company, and all other documents that the Company is required to deliver to its security holders (including, without limitation, annual reports and proxy statements) or other communications or information related to the RSU. Electronic delivery may include the delivery of a link to a Company intranet or the internet site of a third party involved in administering the Plan, the delivery of the document via e-mail or such other delivery determined at the Company’s discretion. You acknowledge that you may receive from the Company a paper copy of any documents delivered electronically at no cost if you contact the Company by telephone, through a postal service or electronic mail at stocks@gopro.com. You further acknowledge that you will be provided with a paper copy of any documents delivered electronically if electronic delivery fails; similarly, you understand that you must provide on request to the Company or any designated third party a paper copy of any documents delivered electronically by you if electronic delivery fails. Also, you understand that your consent may be revoked or changed, including any change in the electronic mail address to which documents are delivered (if you have provided an electronic mail address), at any time by notifying the Company of such revised or revoked consent by telephone, postal service or electronic mail at stocks@gopro.com. Finally, you understand that you are not required to consent to electronic delivery.

assistant: Disclosures
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 [work is] factual or creative, and (2) whether the [work has] previously been published.” Gregory, 689 F.3d at 61 (citing Harper & Row Publishers v. Nation Enters., 471 U.S. 539, 563, 105 S.Ct. 2218, 85 L.Ed.2d 588 (1985); Núñez v. Caribbean Int’l News Corp., 235 F.3d 18, 24 (1st Cir.2000)). In assessing where a work falls on the spectrum from factual to creative, a dictionary may reasonably be understood as having a stronger informational or factual focus than a novel or poem. Cf. Núñez, 235 F.3d at 23 (explaining that even artistic endeavors like the taking of photographs may be considered largely non-creative if intended not for purposes of art, but for a commercial enterprise such as a modeling portfolio); Fitzgerald v. CBS Broad., Inc., 491 F.Supp.2d 177, 188 (D.Mass.2007) (<HOLDING>). Nonetheless, Merriam-Webster asserts— and Options: A. holding that a sherman act 1 claim requires a complaint with enough factual matter taken as time to suggest that an agreement was made B. holding that photographs taken for a news story were factual C. recognizing that when considering pretrial motions attacking the sufficiency of an indictment or information the factual allegations in the states pleadings are taken as true D. holding rule 1 ls factual inquiry requirement violated only when no factual basis for allegations E. recognizing that the partys factual complaint if taken as true affirmatively established that the other tribunal had no jurisdiction

assistant: The best answer is B. holding that photographs taken for a news story were factual
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 the LTIP is held to be invalid, illegal or unenforceable, whether in whole or in part, such provision shall be deemed modified to the extent of such invalidity, illegality or unenforceability and the remaining provisions shall not be affected.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the parties hereto shall execute and deliver such additional documents, instruments, conveyances and assurances, and take such further actions as may be reasonably requested by the other party to carry out the provisions hereof and give effect to the transactions contemplated by 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 legal provision and list the applicable contract clause categories. Provision: There are no instituted, pending or, to the Loan Parties’ Knowledge, threatened actions, suits or proceedings of any kind, including actions, suits or proceedings by or before any Governmental Authority, against a Loan Party or Subject Fund or any business, property or rights of a Loan Party or Subject Fund as to which, if adversely determined against such Loan Party or Subject Fund, could reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: water charges in order to assist in meeting its debt obligations. 5 . The sole case cited by Engelman in support of its contention "that property owned by districts, like Engelman, created under Article XVI § 59 of the Texas Constitution are [sic] exempt from forced sale and taxation” sheds little light on the issue raised in this case. See Lower Colo. River Auth. v. Chemical Bank & Trust Co., 144 Tex. 326, 190 S.W.2d 48, 50 (1945) (noting in dicta that LCRA's enabling legislation exempted its property from forced sale). As mentioned above, there is no dispute that Engelman's water rights and allocations may not be the subject of a forced sale because these assets are the property of a governmental agency. See Satterlee v. Gulf Coast Waste Disposal Auth., 576 S.W.2d 773, 779 (Tex.1978) (<HOLDING>). 6 . The viability of these alternatives will Options: A. holding agencies of state government are part of the state for purposes of sovereign immunity B. holding that state and local government agencies were not persons under the fca C. holding that lcras property devoted exclusively to public use is exempt from taxation under article xi section 9 D. recognizing that tribal sovereign immunity extends to agencies and subdivisions of the tribe E. holding that article xi section 9 extends to property held by government agencies

assistant: The best answer is E. holding that article xi section 9 extends to property held by government agencies
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: 459 (Fla. 1st DCA 1986). Because the order on appeal simply remands the petition back to the administrative law judge for further proceedings (i.e., a formal hearing), it is not a final order. Furthermore, O’Donnell’s has not established the alternative ground for review under section 120.68. Review of the final agency action would provide an adequate remedy. Consequently, we do not have jurisdiction to review it under section 120.68 and Florida Rule of Appellate Procedure 9.110. APPEAL DISMISSED. SAWAYA, C.J., concurs, and concurs specially with opinion. ORFINGER, J., dissents with opinion. 1 . We considered the possibility of treating this appeal as a petition for writ of prohibition. See, e.g., Dept. of Health and Rehab. Servs. v. Career Serv. Com’n, 448 So.2d 18 (Fla. 1st DCA 1984) (<HOLDING>). However, prior opinions uniformly hold that Options: A. holding that the superior court may not issue writs of prohibition to review an order denying recusal before final judgment B. holding that district courts have power to issue writs of prohibition to administrative agencies to prevent them from exceeding their jurisdiction C. holding that district court had jurisdiction to consider claims under the all writs act D. recognizing the supreme courts longstanding jurisdiction over writs of prohibition and mandamus to courts of inferior jurisdiction E. holding prohibition lies to prevent a lower tribunal from acting in excess of its jurisdiction but not to prevent an erroneous exercise of jurisdiction

assistant: The best answer is B. holding that district courts have power to issue writs of prohibition to administrative agencies to prevent them from exceeding their jurisdiction
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: In the event Grantee breaches any of the confidentiality, non-solicitation or non-compete covenants set forth in the Employment Agreement, if applicable, the Restricted Stock Units shall immediately thereupon expire and be forfeited, and the Company shall be entitled to seek other appropriate remedies it may have available in connection with such breach .

assistant: Confidentiality
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, the Purchase Agreement and the other documents delivered pursuant to the Purchase Agreement (including the Warrant, Series A Certificate of Designations, Registration Rights Agreements, and Term Sheet, each as defined therein), constitute the full and entire understanding and agreement between the parties with regard to the subjects of this Agreement and such other agreements and documents.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and had played inside another partially constructed house a short time earlier. A jury could infer from this evidence that the partially completed house was attractive to the children. Where differing inferences can be drawn from undisputed facts, summary judgment is inappropriate. See American Motorists, 463 N.E.2d at 1146. The fourth element is whether the owner knows that children do or are likely to trespass upon his property and be injured or whether the facts alleged are such as to charge the owner with constructive knowledge. We have previously held that summary judgment is inappropriate where the question remains whether the defendant had actual or constructive knowledge of a dangerous condition. See Golba v. Kohl’s Dept. Store, Inc., 585 N.E.2d 14, 16 (Ind.Ct.App.1992) (<HOLDING>), reh’g denied, trans. denied. The Carrolls Options: A. holding the defendant had actual knowledge of a dangerous condition a wet floor in the second floor hallway because snow and sleet regularly accumulated there in periods of inclement weather B. holding that the plaintiff had failed to produce sufficient evidence to establish constructive notice because the plaintiff did not present any evidence to establish that the oil was on the floor for any length of time C. holding plaintiff can prove foreseeability by showing the defendant had actual or constructive knowledge of the assailants violent nature D. recognizing that duty to warn of dangerous conditions could be based on constructive knowledge of that condition as well as actual knowledge E. holding that in the absence of undisputed evidence the issues of whether a store in a slipandfall case had actual or constructive knowledge of an item on the floor is a question reserved for the jury

assistant: The best answer is E. holding that in the absence of undisputed evidence the issues of whether a store in a slipandfall case had actual or constructive knowledge of an item on the floor is a question reserved for the jury
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 his cross-appeal, that the new evidence of subtle neurological impairments would not have significantly affected the jury’s deliberations during the guilt/innocence phase. Given the weakness of the new mental health evidence and the overwhelming evidence of the intentional and deliberate nature of Lance’s crimes, we conclude that it is essentially beyond possibility that the jury would have failed to convict Lance of the murders. We further conclude that it would have been highly unlikely that the new mental health evidence would have led the jury to render a verdict of guilty but mentally ill, which would not foreclose a death sentence in any event. See OCGA § 17-7-131 (a) (2) (defining “[mjentally ill”). See also Lewis v. State, 279 Ga. 756, 764 (12) (620 SE2d 778) (2005) (<HOLDING>). B. Evidence from Forensic Experts Lance Options: A. holding that a jury verdict of guilty constitutes a conviction for purposes of the federal firearms statute and therefore the defendant was convicted of a felony during the interval between the jurys return of its guilty verdict and his scheduled sentencing B. holding that the verdict must be sustained if there is any competent evidence to support the verdict C. holding that where the evidence offered by the state and admitted by the trial court whether erroneously or not would have been sufficient to sustain a guilty verdict the double jeopardy clause does not preclude retrial D. holding that the trial court erred in granting the school boards posttrial motion for directed verdict because although the school board timely moved for a directed verdict during trial it did not serve its motion for directed verdict until the eleventh day after the verdict E. holding that the statute that provides for a verdict of guilty but mentally ill does not preclude a death sentence as the result of such a verdict

assistant: The best answer is E. holding that the statute that provides for a verdict of guilty but mentally ill does not preclude a death sentence as the result of such a verdict