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: Each of the Holding Companies and the Covenant Entities has timely filed all federal, provincial, state, municipal, foreign and other tax returns and reports required to be filed, and has timely paid all federal, provincial, state, municipal, foreign and other Taxes, assessments, fees and other governmental charges levied or imposed upon it or its properties, income or assets or otherwise due and payable (including in its capacity as a withholding agent), except those which are being contested in good faith by appropriate proceedings diligently conducted and for which adequate reserves have been provided in accordance with GAAP and, except for failures to file or pay as could not, either individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect. There are no Tax audits, deficiencies, assessments or other claims with respect to any Holding Company or any Covenant Entity that could, either individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect.

assistant: Taxes
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: 149 L.Ed.2d 759 (2001). We need not (and do not) decide which of these conceptions of the error is correct, because under either conception Thomas has demonstrated that the error affected his substantial rights. Viewing the error as an error in sentencing, the prejudice is clear. The facts alleged in the indictment and found by the jury supported a maximum penalty of imprisonment for. twenty years (240 months). Nevertheless, the District Court sentenced Thomas to imprisonment for 292 months-52 months more than the applicable maximum. It is beyond cavil that imprisonment for an additional 52 months beyond the penalty authorized by Congress, as a direct result of the error of using a drug quantity neither charged nor found by the jury, constitutes prejudice. See Promise, 255 F.3d at 160 (<HOLDING>); cf. United States v. Martinez-Rios, 143 F.3d Options: A. holding that the district courts failure to explain the effect of supervised release was harmless where the maximum term of incarceration under the actual sentence of imprisonment and supervised release less than six years as well as his worstcase scenario less than nine years was less than the maximum term of incarceration twenty years al lowed by law B. holding that a sentence to a term of imprisonment ten years greater than the applicable maximum affected the defendants substantial rights C. holding that because the district courts error resulted in the imposition of a sentence substantially greater than the maximum otherwise permitted under the sentencing guidelines the error affected the defendants substantial rights and the fairness of the judicial proceedings D. holding that failure to explain the effect of a term of supervised release was harmless error where term of imprisonment combined with maximum imprisonment for violation of supervised release was still less than statutory maximum E. holding that because the district courts error resulted in the imposition of a senfence substantially greater than the maximum otherwise permitted under the sentencing guidelines the error affected the defendants substantial rights and the fairness of the judicial proceedings

assistant: The best answer is B. holding that a sentence to a term of imprisonment ten years greater than the applicable maximum affected the defendants substantial rights
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 powers and duties of the Administrator include (a) appointing the Plan's attorney, accountant, actuary, or any other party needed to administer the Plan; (b) directing the Trustees with respect to payments from the Trust Fund; (c) deciding if a Participant is entitled to a benefit; (d) communicating with Employees regarding their participation and benefits under the Plan, including the administration of all claims procedures; (e) filing any returns and reports with the Internal Revenue Service, Department of Labor, or any other governmental agency; (f) reviewing and approving any financial reports, investment reviews, or other reports prepared by any party under clause (a) above; (g) establishing a funding policy and investment objectives consistent with the purposes of the Plan and ERISA; (h) construing and resolving any question of Plan interpretation; and (i) making any findings of fact the Administrator deems necessary to proper Plan administration. Notwithstanding any contrary provision of this Plan, benefits under this Plan will be paid only if the Administrator decides in its discretion that the applicant is entitled to them. The Administrator's interpretation of Plan provisions, and any findings of fact, including eligibility to participate and eligibility for benefits, are final and will not be subject to "de novo" review unless shown to be arbitrary and capricious.

assistant: Duties
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: Oncothyreon and/or its Affiliates shall, including through Sublicensees, use Commercially Reasonable Efforts to (i) obtain Marketing Approvals for Product in the United States and the Major EU Countries, and (ii) commercialize Product in the United States and the Major EU Countries after receipt of such Marketing Approvals.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Letter Agreement (or any portion thereof) or the application of any such provision (or any portion thereof) to any Person or circumstance shall be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof (or the remaining portion thereof) or the application of such provision to any other Persons or circumstances. Notwithstanding the foregoing, the parties intend that the remedies and limitations thereon contained in this Letter Agreement be construed as an integral provision of this Letter Agreement and that such remedies and limitations shall not be severable in any manner that increases liability or obligations hereunder of either party hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Although such speculation may explain Granados-Oseguera’s inaction, there are many other possible explanations. What is missing is any evidence addressing at least the first two Lozada requirements. What agreement (if any) did Granados-Oseguera have with his attorney during the critical 30-day period for departure? Has the petitioner’s former attorney been informed of the allegation and what explanation, if any, does he have for his alleged inaction? As there is no evidence before us concerning the actual relationship (or lack thereof), there is no factual basis for Granados-Oseguera’s claim of ineffective assistance of counsel. I recognize that despite its conviction as to Granados-Oseguera’s claim, the majority refrains from ruling on the claim, and remands th 8 (5th Cir.2001) (<HOLDING>). 2 . Although I do not agree with the Options: A. holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record B. holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate C. holding that the failure to raise a futile issue does not constitute ineffective assistance of counsel D. holding that the state courts rejection of the petitioners ineffective assistance of counsel claim was an unreasonable determination of the facts in light of the evidence before the state court E. holding that the petitioners failure to raise his ineffective assistance of counsel claim before the bia deprived the district court of jurisdiction to hear the issue

assistant: The best answer is E. holding that the petitioners failure to raise his ineffective assistance of counsel claim before the bia deprived the district court of jurisdiction to hear the issue
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 the discovery rule, the statute of limitations is tolled until an injured party discovers or reasonably should discover, (1) that she has been injured and (2) that her injury has been caused by another party’s conduct). While knowledge of the cause of injury is pertinent to determining the date on which the statute of limitations begins to run, it has no special relevance to determining the date an insurance policy is triggered, unless specifically required by the language of the applicable policy of insurance. Compare Wilson, 964 A.2d at 362 n. 3 (explaining that tolling the statute of limitations until the cause of injury is reasonably discoverable is necessary to protect the litigation rights of persons who suffer latent injuries) with Kvaerner Metals Div., 908 A.2d at 897 (<HOLDING>). Here, the language of the Penn National Options: A. holding that in interpreting a contract the actual purpose and intent of the parties must be derived B. holding that under georgia law a holder of a master insurance policy is an agent of the insurance company and not the insurer C. recognizing that in interpreting a statute our primary purpose is to ascertain the intent of the legislature D. holding that the primary goal when interpreting an insurance contract is to ascertain the intent of the parties as manifested by the language of the specific insurance policy E. holding that an arbitration award involving the appellants challenge to the failure of the insurance company to ensure that he had read and understood a signed waiver and to attach the waiver to the insurance policy as contrary to public policy is not reviewable by the courts because there is no challenge to a provision or term of the policy the appellant never claimed that the waiver or policy language itself was contrary to the public policy of this commonwealth

assistant: The best answer is D. holding that the primary goal when interpreting an insurance contract is to ascertain the intent of the parties as manifested by the language of the specific insurance policy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notices and all other communications contemplated by this Plan shall be in writing and shall be deemed to have been duly given when personally delivered or three (3) days after having been mailed by U.S. registered or certified mail, return receipt requested and postage prepaid. In the case of the Participant, mailed notices shall be addressed to him or her at the home address that he or she most recently communicated to the Company (or an affiliate of the Company) in writing. In the case of the Company, mailed notices shall be addressed to its principal executive offices, and all notices shall be directed to the attention of its Secretary.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: from New York’s surcharge program and was not preempted. The prevailing wage law merely “alters the incentives, but does not dictate the choices, facing ERISA plans,” Id. at 334, 117 S.Ct. 832, and thus is “no different from myriad state laws in areas traditionally subject to local regulation, which Congress could not possibly have intended to eliminate.” Travelers, 514 U.S. at 668, 115 S.Ct. 1671. More recently, in De 6th Cir.1995) (ERISA preempted claim for the refusal to authorize inpatient treatment for a mental health patient); Kuhl v. Lincoln National Health Plan of Kansas City, Inc., 999 F.2d 298 (8th Cir.1993) (ERISA preempts malpractice claim against an HMO for denying precertification for heart surgery); Spain v. Aetna Life Ins. Co., 11 F.3d 129 (9th Cir.1993) (<HOLDING>); Corcoran v. United Healthcare, Inc., 965 F.2d Options: A. holding that federal common law of erisa preempts state law in the interpretation of erisa benefit plans B. holding that plaintiffs failure to prove decedents death was caused by the wrongful acts of the defendant precludes any recovery of wrongful death damages under mississippis wrongful death statute C. holding that erisa preempts wrongful death and state common law actions when plaintiff asserts insurers delay in authorization of procedure caused the patients death D. holding unconstitutional a state wrongful death statute which denied illegitimate children the right to recover for the wrongful death of their mother E. recognizing cause of action for wrongful death

assistant: The best answer is C. holding that erisa preempts wrongful death and state common law actions when plaintiff asserts insurers delay in authorization of procedure caused the patients 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: In the event the Executive’s employment with the Company terminates for any reason (including death or disability), the Company shall pay to the Executive (i) any Base Salary as well as accrued vacation pay, expense reimbursements, compensation and benefits under any Plan, and any and all benefits and other similar amounts, accrued but unpaid as of the date of termination, and (ii) the awarded but unpaid portion, if any, of the Performance Bonus (or any other bonus program then in effect) for any prior year.

assistant: General
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: pre-trial motion to suppress. We reverse the trial court’s judgment and remand the cause for a new trial without addressing the merits of Robuck’s complaints. In its brief, the State notes that a division in authority exists among the courts of appeal regarding whether nonjurisdictional defects, such as the denial of a motion to suppress, are waived by application of the Helms rule in misdemeanor cases where the defendant enters a plea of guilty or nolo contendere without a plea bargain. Compare Lynch v. State, 903 S.W.2d 115 (Tex.App.— Fort Worth 1995, no pet.)(applying Helms rule), and Studer v. State, 757 S.W.2d 107, 109 n. 1 (Tex.App.—Dallas 1988)(same), aff'd, 799 S.W.2d 263 (Tex.Crim.App.1990), ivith Salazar v. State, 773 S.W.2d 34, 35 (Tex.App.—Houston [14th Dist.] 1989, no pet.)(<HOLDING>), and Yates v. State, 759 S.W.2d 949, 949-50 Options: A. holding that similar agreement allowed the defendant to appeal the denial of his motion to suppress B. holding that a legal conclusion on a motion to suppress is reviewed de novo C. holding that when a court has given a party a full and fair opportunity to litigate a motion to suppress and then has decided the motion on the merits the party may be estopped from bringing the same motion in subsequent litigation D. holding that it is clear that hearsay evidence is admissible in a hearing on a motion to suppress E. holding merits of complaint regarding motion to suppress addressable based on inapplicability of rule 40b1

assistant: The best answer is E. holding merits of complaint regarding motion to suppress addressable based on inapplicability of rule 40b1
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 Agreement and this Amendment are together intended to be a Top Hat Plan and shall be interpreted, administered and enforced in accordance with ERISA. It is expressly intended that ERISA preempt the application of state laws to the Agreement and this Amendment to the maximum extent permitted by Section 514 of ERISA. To the extent that state law is applicable, the statutes and common law of the jurisdiction in which the Executive resides shall apply, excluding any that mandate the use of another jurisdiction’s laws. The parties irrevocably and unconditionally submit to the jurisdiction and venue of any court, federal or state, situated within Montgomery County, Texas, for the purpose of any suit, action or other proceeding arising out of, or relating to or in connection with, the Agreement and this Amendment.

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: Each party agrees that it will, upon request, execute and deliver any additional customary documents and perform any additional customary actions reasonably necessary to complete the Exchange and to cause such party’s representations and warranties contained in this Agreement to be true and correct as of the Closing.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 13.1 third parties may offer products or services via the software and/or skype websites , including games , applications , images , ring tones , or avatars .

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: None of QRS Seller, TRS Seller, Guarantor or Pledgor nor any ERISA Affiliate maintains any Plans and none of QRS Seller, TRS Seller, Guarantor or Pledgor nor any ERISA Affiliate makes or has any obligation to make any contributions to, or otherwise has any liability with respect to any Plans or any Multiemployer Plans.

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: not an arbitration clause in an employment contract, the Ninth Circuit Court of Appeals found that the objectionable provisions of the DRA — limitations on damages, a fee-sharing scheme, and other unilateral aspects, including imposition of arbitration only on employee claims — ran throughout the agreement and defined the scope of the matters that were covered. Id. at 896. Removing these provisions, the court found, “would go beyond mere excision to rewriting the contract, which is not the proper role of this Court.” Id. Therefore, the Ninth Circuit Court of Appeals held that the entire arbitration agreement was unenforceable. Id.; accord Ferguson, 298 F.3d at 787-88 (also declining to sever or limit offending provisions of an arbitration agreement). But see Quinn, 109 F.Supp.2d at 686 (<HOLDING>). In this case, where the arbitration clause is Options: A. holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added B. holding that where the arbitration agreement was silent on feesplitting and the costs imposed upon the plaintiff by the aaa were not prohibitive the plaintiff had presented little evidence to indicate that arbitration would be prohibitively expensive and the fees and costs of arbitration did not render the arbitration scheme unconscionable C. holding that proposed invalidation of the entire arbitration agreement even if the court were convinced that the plaintiff could not afford to pay for the arbitration proceedings was unnecessarily radical because the court could instead simply nullify the fee provisions of the arbitration agreement and force the defendant employer to bear the expense of arbitration D. holding that where an arbitration agreement between an employer and employee does not specifically provide for the handling of arbitration costs california courts should interpret the arbitration agreement as providing that the employer must bear the arbitration forum costs E. holding that once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration

assistant: The best answer is C. holding that proposed invalidation of the entire arbitration agreement even if the court were convinced that the plaintiff could not afford to pay for the arbitration proceedings was unnecessarily radical because the court could instead simply nullify the fee provisions of the arbitration agreement and force the defendant employer to bear the expense of arbitration
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) There are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of any Borrower, threatened against or affecting the Company or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters) or (ii) that involve this Agreement or the Transactions. There are no labor controversies pending against or, to the knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries (i) which could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters), or (ii) that involve this Agreement or the Transactions.

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 legal provision and list the applicable contract clause categories. Provision: No failure to exercise and no delay in exercising, on the part of any party hereto, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law. No waiver of any provision hereunder shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All questions concerning the construction, validity, enforcement and interpretation of this Warrant shall be governed by and construed and enforced in accordance with the internal laws of the State of New York, without regard to the principles of conflicts of law thereof. If either party shall commence an action, suit or proceeding to enforce any provisions of this Warrant, other than pursuant to federal securities laws, then the prevailing party in such action, suit or proceeding shall be reimbursed by the other party for its reasonable attorneys’ fees and other costs and expenses incurred with the investigation, preparation and prosecution of such action or proceeding.

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: No waiver of any provision of this Operating Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Company and its Affiliates hereby agree that it shall indemnify and hold Employee harmless to the fullest extent permitted by applicable law, from and against all losses, costs, claims, judgments and expenses, including without limitation reasonable attorney’s fees or lost wages due to imprisonment (“Losses”), as and when incurred by Employee. The indemnification provided for herein shall not be deemed exclusive of any other rights to which Employee may be entitled under any by-law, agreement, insurance policy, vote of shareholders or otherwise. Employee shall indemnify and hold Company (and its employees, officers, directors, advisors and agents) harmless against any Losses as a result of any material breach by Employee.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: denied the right to cross-examine Lohman must fail. O’Connell’s statement that “the test was conducted with the type of equipment and in accordance with the methods approved by the Department of Forensic Science” is not hearsay. It is not “what others have told him, or what he has heard said by others.” Cross, 195 Va. at 74, 77 S.E.2d at 453. It is simply his opinion that he followed the rules. O’Connell’s later admission that he was not familiar with all of the Department’s methods does not change his opinion testimony to hearsay. The extent of O’Connell’s knowledge of the Department’s methods goes only to the weight of his testimony, not its admissibility. As non-hearsay, O’Connell’s testimony did not implicate the Confrontation Clause. See Davis, 547 U.S. at 823, 126 S.Ct. at 2274 (<HOLDING>). b. O’Connell’s Assertion That the Machine Had Options: A. holding that the confrontation clause applies only to trials and not to sentencing hearings B. holding that the confrontation clause applies only to testimonial hearsay C. recognizing that statements admissible under an exception to the hearsay rule may be inadmissible when tested against the confrontation clause because confrontation clause analysis differs from hearsay rule analysis D. holding of crawford applies only to testimonial hearsay E. holding that hearsay objection does not preserve a confrontation clause challenge

assistant: The best answer is B. holding that the confrontation clause applies only to testimonial hearsay
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 Commitments shall terminate on the Commitment Termination Date. If the total Commitments in effect on the Effective Date are not drawn on the Effective Date, the undrawn amount shall automatically be cancelled. In addition, the Commitments shall be automatically and permanently reduced in accordance with the terms of Section 2.06(c).

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 case excerpt and choose the best holding from the options. Case excerpt: of a fire occurring” was “insufficient” for defendants to claim immunity. Geiger at 494. Similarly, N.C. Gen. Stat. § 58-82-5 requires that the alleged negligent act occur “at the scene” of a reported fire before a rural volunteer fire department can assert immunity. The fact that plaintiff’s wreck occurred where defendants had filled their fire trucks with water from a fire hydrant, one-half mile away from the reported fire, is insufficient for defendants to claim immunity. The words “at the scene” provide immunity for defendants for acts and omissions only in a specific place. A broader reading of the statute would be inconsistent with the plain meaning of the words. See State ex rel. McDonald v. Whatcom Cty. Etc., 575 P.2d 1094 (Wash. Ct. App. 1978) aff’d, 593 P.2d 546 (Wash. 1979) (<HOLDING>). II. Plaintiff further argues that defendants Options: A. holding that the defendant was guilty of leaving the scene because the injured party and a police officer were present at the scene within a reasonable time after the accident B. holding that convictions for both leaving the scene of an accident involving injury and leaving the scene of an accident involving property damage only were inconsistent and therefore could not be sustained C. holding that an offduty officers assertion to bystanders that he was on the job at the scene of a car accident did not place him within the scope of employment D. holding that the words at the scene imply a specific place and limit rather than expand the officers power to arrest and the scene is the place where the accident occurred E. holding scene of accident was suspicious place

assistant: The best answer is D. holding that the words at the scene imply a specific place and limit rather than expand the officers power to arrest and the scene is the place where the accident occurred
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 his mental illness. Both the ADA and the appellant’s counsel spent considerable time discussing insanity and mental illness. During voir dire, the ADA admitted the appellant was mentally ill. The record reflects that the appellant’s only-defense to the State’s murder allegation was the insanity defense. Accordingly, the appellant was entitled to question the veni-re on how they might give effect to mitigating evidence of insanity, mental illness, mental defect, and other elements of the anticipated defense. See Shipley v. State, 790 S.W.2d 604, 609 (Tex.Crim.App.1990). The appellant should have been allowed to question the prospective jurors about their feelings on punishment and whether they could consider probation. See Mathis v. State, 576 S.W.2d 835, 839 (Tex.Crim.App.1979) (<HOLDING>). Although the majority acknowledges that Options: A. holding the trial court abused its discretion by refusing to allow a question to prospective jurors on their feelings against recommending probation as punishment in a murder case B. holding the trial court abused its discretion by refusing to allow a question seeking to determine bias or prejudice in favor of the victim because she was a nun C. holding trial judge was at the very limit of his discretion in refusing to remove prospective jurors for cause D. holding trial court abused its discretion by refusing to allow questions regarding victims status as a child E. holding trial court abused its discretion by refusing to conduct hearing and render decision on motion

assistant: The best answer is A. holding the trial court abused its discretion by refusing to allow a question to prospective jurors on their feelings against recommending probation as punishment in a murder case
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the Participant’s Termination of Employment for any reason before the third anniversary of the Grant Date, all Restricted Stock Units shall be forfeited. Notwithstanding the foregoing, (i) in the event that the Participant experiences a Termination of Employment before the third anniversary of the Grant Date due to the Participant’s Retirement at any time following the end of the calendar year in which the Grant Date occurred, the Participant shall vest in that number of Restricted Stock Units determined in accordance with Section 1(b) and (ii) in the event of the Participant’s Termination of Employment before the third anniversary of the Grant Date by the Company without Cause, or Termination of Employment due to death or Disability, the Participant shall vest in a number of Restricted Stock Units equal to the product of (A) the number of Restricted Stock Units determined in accordance with Section 1(b) and (B) a fraction, the numerator of which is the number of full months from the Grant Date until the date of Termination of Employment ( provided that, for this purpose, the month in which the Grant Date occurs shall be considered a full month) and the denominator of which is thirty-six months. Any Restricted Stock Units earned pursuant to the immediately preceding sentence shall be settled in accordance with Section 2. For purposes of this Agreement, employment with the Company shall include employment with the Company’s Affiliates and its successors. Nothing in this Agreement or the Plan shall confer upon the Participant any right to continue in the employ of the Company or any of its Affiliates or interfere in any way with the right of the Company or any such Affiliates to terminate the Participant’s employment at any time.

assistant: Forfeitures
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: this one basket. As a result, any infirmity in this method cannot be mitigated at this time by the presence of an acceptable alternative. Such an all-or-nothing approach has proved fatal to the capital sentencing scheme in other states. In sum, while the people of Florida have determined that capital punishment is a proper sanction for certain crimes, the legislature has authorized a single method of execution and this method has resulted in botched executions in eleven percent of cases in recent years — producing impermissible violence and mutilation. This, in my opinion, puts the burden back on the legislature to implement an alternative method — one that comports with the Florida Constitution. While the F e, e.g., Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976) (<HOLDING>). The federal Court, however, has not reviewed Options: A. holding that what constitutes cruel and unusual punishment is a question of law B. holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs C. holding cruel and unusual punishment complaint not preserved D. holding that deliberate indifference to prisoners medical needs is cruel and unusual punishment E. holding that a sentence of incarceration would constitute deliberate indifference to defendants medical needs

assistant: The best answer is D. holding that deliberate indifference to prisoners medical needs is cruel and unusual punishment
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: Other than with respect to any disputes concerning Executive’s obligations under Section 7 of this Agreement or Exhibit A hereto, in the event of any dispute or claim arising out of or in connection with this Agreement or the enforcement of rights hereunder, such dispute or claim shall be submitted to binding arbitration in accordance with S.C. Code Ann. § 15-48-10 et seq. , as amended, and the then-current rules and procedures of the American Arbitration Association’s (the “ AAA’s ”) National Rules for the Resolution of Employment Disputes. Any arbitration initiated under this Agreement shall be conducted solely between the parties to this Agreement, and under no circumstances shall this Agreement allow or authorize arbitration of any claims as parties to a class or collective action or class or collective arbitration. The arbitrator shall be selected by an agreement of the parties to the dispute or claim from the panel of arbitrators selected by the AAA, or, if the parties cannot agree on an arbitrator within thirty (30) calendar days after the notice of a party’s desire to have a dispute settled by arbitration, then the arbitrator shall be selected by the AAA in Charleston, South Carolina. The arbitrator shall apply the laws of the State of South Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Under established legal standards pertaining to the claim(s) made, the arbitrator shall have the power to grant summary judgment upon the request of either party, prior to commencement of the arbitration hearing. The determinations reached by the arbitrator shall be final and binding on all parties hereto without any right of appeal or further dispute. Execution of the determination by such arbitration may be sought in any court of competent jurisdiction.

assistant: Arbitration
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: These facts would indicate that the pills were illegitimate. Zayyad also hid the pills in his van and evidently had help in destroying additional pill evidence at his home. The later attempt to conceal the pills further indicates awareness that the pills were unlawful. See United States v. Sasso, 695 F.3d 25, 29 (1st Cir.2012) (“[A]n attempt to cover up the commission of a crime implies consciousness of guilt. Here, the jurors could reasonably infer consciousness of guilt (and, thus, intent) from the defendant’s endeavor to conceal his possession of the [instrument of the crime.]” (internal citations omitted)). All these facts allowed the jury to infer knowledge of false pills on Zayyad’s part. See, e.g., United States v. Hassan, 280 Fed.Appx. 271, 274 (4th Cir.2008) (unpublished) (<HOLDING>). At the very least, a jury could have Options: A. holding individual defendant liable where he among other things made inquiries into the business obligations under the flsa B. holding that record compelled conclusion that telephoned threat came from persecutors in absence of evidence to the contrary C. holding that a credibility determination based on among other things a tendency to exaggerate was supported by substantial evidence D. recognizing that jury may infer from the evidence that defendants money came from drug sales E. holding that evidence supported counterfeit drug convictions where among other things 1 defendant admitted he obtained pills from an illegitimate source 2 pills came in illegitimate packaging and 3 pills came in abundant supply

assistant: The best answer is E. holding that evidence supported counterfeit drug convictions where among other things 1 defendant admitted he obtained pills from an illegitimate source 2 pills came in illegitimate packaging and 3 pills came in abundant supply
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Capitalized terms used herein and not otherwise defined herein shall have the meanings specified in the Credit Agreement. The provisions of Section 1.03 of the Credit Agreement shall apply to this Agreement as though set forth herein, mutatis mutandis.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive agrees to cooperate, in a reasonable manner and at the expense of the Company, with the Company and its attorneys, both during and after the termination of Executive’s employment, in connection with any litigation or other proceeding arising out of or relating to matters in which Executive was involved prior to the termination of Executive’s employment so long as such cooperation does not materially interfere with Executive’s employment or consulting. In the event that such cooperation is required after the termination of the Executive’s employment with the Company and its Subsidiaries, the Company shall pay the Executive at the rate of $4,500 per day and out­of­pocket expenses approved in advance by the Company after presentation by the Executive of reasonable documentation related thereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall issue to the Grantee the number of Shares equal to the aggregate number of Restricted Stock Units that have vested pursuant to Exhibit A or Sections 4 or 5, as applicable, of this Agreement as soon as practicable and no later than 30 days after the Committee makes the determination under the terms set forth in Exhibit A (or 74 days after the end of the Performance Period, if earlier), unless the Grantee has executed, and returned to the Company no later than 30 days after the Grant Date (such date of issuance, the “Issuance Date”), a deferral election form to defer the settlement date of his or her vested Restricted Stock Units. On the Issuance Date, the Company shall also issue to the Grantee an additional number of Shares determined by multiplying the Dividend Shares by the number of Shares issued to the Grantee pursuant to the first sentence of this Section 7.

assistant: Forfeitures
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: (6th Cir.1986), cert. denied sub nom. Wood v. McMackin, 479 U.S. 1036, 107 S.Ct. 889, 93 L.Ed.2d 842 (1987); Watters v. Hubbard, 725 F.2d 381, 383 (6th Cir.), cert. denied, 469 U.S. 837, 105 S.Ct. 133, 83 L.Ed.2d 74 (1984). A. Accidental Homicide Petitioner alleges that the trial court deprived him of his rights to due process of law.and a fair trial by giving incomplete and misleading instructions on accidental homicide. Specifically, petitioner contends that the trial judge did not explain the elements of accidental homicide and removed the concept of innocence in excusable homicide by instructing on negligent, not accidental, homicide. Respondent argues that petitioner is precluded from raising this claim. The Court agrees. Petitioner raised this claim on direct appeal. The Michig ) (<HOLDING>). Petitioner therefore is barred from raising Options: A. holding that the federal habeas corpus court could reach the merits of a due process claim even though there was no contemporaneous objection in state court trial where the state habeas corpus court reached the merits rather than rely on the procedural default defense B. holding that if the state court addresses both the procedural default and the merits of a federal claim in the alternative a federal court should apply the state procedural bar and decline to reach the merits of the claim C. holding that the cause and prejudice standard applies when a state court relies on the procedural default but also discusses the merits D. holding that aedpa only applies where the state court adjudicated the constitutional issue on the merits E. holding that a federal court may excuse a state habeas petitioners procedural default if the petitioner can show cause for the failure to raise the claim and prejudice resulting from such failure

assistant: The best answer is C. holding that the cause and prejudice standard applies when a state court relies on the procedural default but also discusses the merits
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No litigation, arbitration or administrative or bankruptcy proceeding is pending or, to the knowledge of the Borrower, threatened, which, if determined adversely to the Borrower or any Borrower Subsidiary, would materially and adversely affect the ability of the Borrower to perform any of its obligations under this Agreement, or any of the other Loan Documents, except as disclosed to the Lender from time to time in writing, and the Borrower agrees to provide the Lender with such information in respect thereof as the Lender may reasonably request. There is no litigation, arbitration or administrative proceeding pending or, to the knowledge of the Borrower, threatened which questions the validity of this Agreement, the Note, or any of the other Loan Documents.

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 legal provision and list the applicable contract clause categories. Provision: Terms not defined in this Agreement shall have the meanings assigned thereto in Appendix A to the Sale and Servicing Agreement dated as of the date hereof (as from time to time amended, supplemented or otherwise modified and in effect, the “ Sale and Servicing Agreement ”) among the Purchaser, as seller, Honda Auto Receivables 2016-2 Owner Trust, as Issuer, and the RPA Seller, as Servicer and Sponsor.

assistant: Definitions