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: Consultant will be entitled to reimbursement for reasonable travel expenses incurred at the request of Company and for other incidental, reasonable and verifiable out-of-pocket expenses (such as long distance telephone, mailing expenses and special office supplies, but not including any overhead or ordinary office expenses) incurred by Consultant in and necessary for the performance of Consultant’s Services, subject to the terms, conditions, and manner and time of payment as set forth in Exhibit B .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall notify each Lender by email with confirmation of reply email of its intention to prepay the Obligations in full, not later than 5:00 p.m., Dallas, Texas time, fourteen (14) days before the proposed date of prepayment. Each such notice shall be irrevocable and shall specify the prepayment date, the amount of Obligations outstanding and the applicable Make-Whole Premium.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties hereto agree that failure of any party to perform its agreements and covenants hereunder, including a party’s failure to take all actions as are necessary on such party’s part in accordance with the terms and conditions of this Warrant to consummate the transactions contemplated hereby, will cause irreparable injury to the other parties, for which monetary damages, even if available, will not be an adequate remedy. It is agreed that the parties shall be entitled to equitable relief including injunctive relief and specific performance of the terms hereof, without the requirement of posting a bond or other security, and each party hereby consents to the issuance of injunctive relief by any court of competent jurisdiction to compel performance of a party’s obligations and to the granting by any court of the remedy of specific performance of such party’s obligations hereunder, this being in addition to any other remedies to which the parties are entitled at law or equity.

assistant: Specific Performance
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: (Doc. 21 at p. 8 n.6 (citing Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114, 1158-59 (10th Cir.2013) (en banc) (Gorsuch, J., concurring)). In Hobby Lobby, three of the eight judges sitting on the en banc court determined the AIA is non-jurisdietional. Hobby Lobby, 723 F.3d at 1152, 1157-59. Defendants are correct in arguing such a determination is not binding on this Court and does not alter prior Tenth Circuit (and Supreme Court) case law that held the AIA is a jurisdictional bar where it applies. (See Doc. 27 at p. 7.) See, e.g., Jefferson Cnty. v. Acker, 527 U.S. 423, 434, 119 S.Ct. 2069, 144 L.Ed.2d 408 (1999) (describing the AIA as “depriving courts of jurisdiction over [certain] suits”); Bob Jones Univ. v. Simon, 416 U.S. 725, 749, 94 S.Ct. 2038, 40 L.Ed.2d 496 (1974) (<HOLDING>); Hobby Lobby, 723 F.3d at 1126 (the majority Options: A. holding the fourth circuit did not err in holding that 7421a the aia deprived the district court of jurisdiction B. holding that because the circuit court did not have subjectmatter jurisdiction over the unlawfuldetainer action the district courts unauthorized transfer of the action could not transfer jurisdiction over that action to the circuit court C. holding that trial court did not err D. holding that when the district court improperly purported to transfer to the circuit court an action over which the circuit court lacked subjectmatter jurisdiction the circuit court was without jurisdiction to enter its judgment which was void and dismissing the appeal from that void judgment E. holding that a transfer order issued by a district court in another circuit is reviewable only in the circuit of the transferor district court

assistant: The best answer is A. holding the fourth circuit did not err in holding that 7421a the aia deprived the district court of 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you can become a subscriber by purchasing a subscription to the products from the website , within the apps , where allowed by the app marketplace partners , or through a bundle with one or more of our bundle subscription partners .

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: Unless compelled by law to do so, the Employee has not and will not, disclose the fact of, terms and conditions of, or amounts in this Agreement to anyone other than his spouse, legal or financial advisor, or U.S. governmental officials who seek such information as part of their official duties. If a third-party requests or demands that the Employee disclose or produce this Agreement or any terms or conditions in it, the Employee will not take any action related to such request or subpoena without first notifying the Company and giving it a reasonable opportunity to respond.

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: Each Director shall, in the performance of his or her duties, be fully protected in relying in good faith upon the books of account or reports made to the Partnership by any of its Officers or by an independent certified public accountant or by an appraiser selected with reasonable care by the Board of Directors, or in relying in good faith upon other records of the Partnership.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: You acknowledge that you have knowingly and voluntarily entered into this Agreement and that the Company advises you to consult with an attorney before signing this Agreement. You understand and acknowledge that you have been given the opportunity to consider this Agreement for twenty-one (21) days from your receipt of this Agreement before signing it (the “ Consideration Period ”). To accept this Agreement, you must return a signed original or a signed PDF copy of this Agreement so that it is received by the Company’s General Counsel (elizabeth@assemblybio.com) at or before the expiration of the Consideration Period. If you sign this Agreement before the end of the Consideration Period, you acknowledge that such decision was entirely voluntary and that you had the opportunity to consider this Agreement for the entire Consideration Period. For the period of seven (7) days from the date when you sign this Agreement, you have the right to revoke this Agreement by written notice to the Company’s General Counsel, provided that such notice is delivered so that it is received at or before the expiration of the seven (7) day revocation period. This Agreement shall not become effective or enforceable during the revocation period. This Agreement shall become effective on the first business day following the expiration of the revocation period (the “ Effective Date ”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: stop of the Contour was to confirm the identities of the men in the car, to investigate the contents of the bag Defendant had carried, and to attempt to obtain consent to search Defendant’s residence. Those objectives were achieved in an expeditious manner. Once Defendant gave oral consent to search his house, it was reasonable to transport him to that location so that he could sign a written consent form and be present for the search. Approximately twenty (20) minutes elapsed from the time that the Contour was stopped to the signing of the consent form. The officer’s removal of the occupants from the vehicle at gunpoint and his request that they get on their knees did not exceed the scope of the detention. See Maryland v. Wilson, 519 U.S. 408, 117 S.Ct. 882, 886, 137 L.Ed.2d 41 (1997) (<HOLDING>); Campbell, 178 F.3d at 349 (stating that Options: A. holding that the officer had reasonable belief that the occupants of the vehicle were armed where the officer knew that drug dealers are frequently armed and therefore frisk of the vehicle was permissible B. holding that an officer may search a suspects vehicle incident to a lawful arrest C. holding that an officer may order a passenger out of a vehicle during a stop for a traffic infraction D. holding that it is permissible for an officer to order the occupants out of a vehicle during a lawful stop E. holding that police officer may order passengers to remain in vehicle with hands up during traffic stop

assistant: The best answer is D. holding that it is permissible for an officer to order the occupants out of a vehicle during a lawful stop
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 terminated by any Purchaser or by the Company with respect to any Purchaser, as to the Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchaser, by written notice to the other parties, if the Closing has not been consummated on or before May 31, 2018; provided , however , that no such termination will affect the right of any party to sue for any breach by any other party (or parties).

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: Depo. at 249-50. Even if I were permitted to consider this statement, it still would not establish that the scoring list was a pretext for discrimination. Since Longoria’s claims fail on the merits, injunctive relief is not appropriate. Accordingly, I must grant summary judgment on the official capacity claims. C. SUPPLEMENTAL JURISDICTION Since I have dismissed all claims under which Longoria can claim federal jurisdiction, I shall exercise my discretion to dismiss the remaining claims pursuant to 28 U.S.C. § 1367(c)(3). These claims will be dismissed without prejudice to Longoria’s right to pursue them in the courts of New Jersey. See United Mine Workers v. Gibbs, 383 U.S. 715, 726, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966); Tully v. Mott Supermarkets, 540 F.2d 187, 196 (3d Cir.1976) (<HOLDING>); Kadetsky v. Egg Harbor Township Bd. of Educ., Options: A. holding that only exceptional circumstances on the level of the invocation of a significant federal policy or severe prejudice or unfairness to the parties should be considered as a basis for exercising supplemental jurisdiction when state law predominates B. holding that when all federal claims have been dismissed the court should decline to exercise supplemental jurisdiction over the state law claims C. holding the court should only apply the doctrine narrowly and only under exceptional circumstances D. holding that exercise of jurisdiction over plaintiffs state law claims was proper on the basis of supplemental jurisdiction even though the plaintiffs had erroneously claimed diversity jurisdiction because a legitimate federal question was also presented and the state law claims formed part of the same case or controversy as the federal claim E. holding in the absence of exceptional circumstances deference should be given to trial court

assistant: The best answer is A. holding that only exceptional circumstances on the level of the invocation of a significant federal policy or severe prejudice or unfairness to the parties should be considered as a basis for exercising supplemental jurisdiction when state law predominates
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of this Agreement shall begin on the Effective Date and shall terminate on the earlier of the third anniversary of the Effective Date (“Term”) or the termination of Executive’s employment with the Company; provided, however, notwithstanding anything in this Agreement to the contrary, Sections 6 through 22 shall survive until the expiration of any applicable time periods set forth in Sections 7, 8 and 9.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Company will keep and maintain accurate and complete records regarding the information necessary to substantiate the reports due pursuant to this Agreement for three (3) years. Upon fifteen (15) days prior written notice from Misonix, Company will permit an independent certified public accounting firm of internationally recognized standing, selected by Misonix, to examine the relevant books and records of Company as may be reasonably necessary to verify the payments due under this Agreement. The accounting firm will be provided access to such books and records at Company’s facility or facilities where such books and records are normally kept and such examination will be conducted during Company’s normal business hours. Upon completion of the audit, the accounting firm will provide both Misonix and Company a written report disclosing whether the reports submitted or payments made by Company are correct or incorrect and the specific details concerning any discrepancies. If the accountant determines that the report submitted or payments made by Company understated the amount due to Misonix, then Company will promptly pay such understated amount, and, if, during any calendar year, the understated amount is more than five percent (5%) of the amount that was owed to Misonix, Company will reimburse Misonix for the expense incurred by Misonix in connection with the audit and promptly pay Misonix a ten percent (10%) surcharge on such shortfall.

assistant: Records
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: duolingo 's liability to you or any third party claiming through you for any cause whatsoever , and regardless of the form of the action , is limited to the amount paid , if any , by you to duolingo for the service in the 12 months prior to the initial action giving rise to liability .

assistant: Limitation of liability
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 Employment Term, the Company shall pay the Executive a base salary, payable in equal installments in accordance with Company payroll procedures, at an annual rate of Eight Hundred Fifty Thousand Dollars ($850,000), pro-rated to reflect any partial year of employment. The Board or a committee thereof shall review Executive’s base salary on an annual basis and may increase Executive’s base salary from time to time, in which case such increased salary then shall become the Executive’s base salary for purposes of this Agreement.

assistant: Base Salary
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: it is academia.edu 's policy to terminate , in appropriate circumstances , members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders .

assistant: Unilateral termination
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: evidence supporting the trial court’s May 17, 2011 removal of K.N.D. from her custody. Nor did she object to the sufficiency of the evidence to show that K.N.D. was properly removed either at trial or in her motion for new trial. I would conclude from this undisputed record evidence that the procedures for involuntary removal were followed in this case and that the evidence in the record was legally and factually sufficient to show that K.N.D. was properly removed from A.D.’s custody under Chapter 262 for abuse or neglect and that temporary custody of K.N.D. was properly awarded to DFPS pending A.D.’s completion of her Family Service Plan and final hearing on termination. See D.F. v. Tex. Dep’t of Family & Protective Servs., 393 S.W.3d 821, 830-31 (Tex.App.-El Paso 2012, no pet. h.) (<HOLDING>); In re C.M.C., No. 14-12-00186-CV, 2012 WL Options: A. holding evidence sufficient to show child was removed under chapter 262 for abuse or neglect when undisputed evidence showed family service plan stated reason for involvement with family was two referrals alleging neglectful supervision and physical abuse caseworker testified to basis of referrals and the record eontained the trial courts temporary order following an adversary hearing which appointed dfps as temporary managing conservator and included the findings required by section 262201 of the family code B. holding in termination of fathers rights that evidence was sufficient to support finding children were removed for abuse or neglect when previous decree reflected trial court made findings that children were removed from mother under chapter 262 for abuse or neglect C. holding that evidence was sufficient that child was removed under chapter 262 for abuse or neglect when record contained evidence that parent made no effort to contact child left at shelter and trial court made findings of immediate danger to childs physical health or safety in emergency temporary order D. holding that the trial court did not abuse its discretion in changing the surname of the child where the court made factual findings that the name change would be in the best interest of the child E. holding that juvenile court cannot remove child from home and continue shelter care based upon speculative possibility that child had been or would be abused or harmed by parent

assistant: The best answer is C. holding that evidence was sufficient that child was removed under chapter 262 for abuse or neglect when record contained evidence that parent made no effort to contact child left at shelter and trial court made findings of immediate danger to childs physical health or safety in emergency temporary order
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 occurrence of an Adeptus Purchase Event, THR (or THR’s legal representative) shall give written notice of the Adeptus Purchase Event (the “ Adeptus Purchase Notice ”) to Adeptus within ten (10) days after the occurrence of such Adeptus Purchase Event.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower is a corporation duly organized and validly existing under the laws of the state of its formation. The Borrower is authorized to do business and is in good standing in all other states and jurisdictions where the ownership of property or the nature of the business transacted by it, makes such qualification necessary, except where the failure to be so authorized would not reasonably be expected to result in a material adverse effect on the business, assets or financial condition of the Borrower and its subsidiaries, taken as a whole (a “ Material Adverse Effect ”). The Borrower has all requisite power and authority to execute and deliver this Agreement and each document attached hereto as an exhibit, any promissory note or other document related hereto (collectively, the “ Loan Documents ”) and to perform its obligations under such Loan Documents and to own its property and carry on its business. The Loan Documents to which the Borrower is party on the date hereof have been duly authorized by all requisite corporate action on the part of the Borrower and duly executed and delivered by authorized officers of the Borrower. Each of the Loan Documents to which the Borrower is a party on the date hereof constitutes a valid obligation of the Borrower, legally binding upon and enforceable against the Borrower in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally or by general principles of equity.

assistant: Authority
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: Stahl, 792 F.2d at 1440-41 (same); United States v. Thomas, 788 F.2d 1250, 1253-54 (7th Cir.1986) (same). Furthermore, the Courts of Appeals have consistently invoked Marshall Field in refusing to conduct other inquiries “into the internal governance of Congress.” Mester Mfg. Co. v. INS, 879 F.2d 561, 571 (9th Cir.1989); see, e.g., United States v. Campbell, No. 06-3418, 221 Fed.Appx. 459, 2007 WL 1028785, at *1 (7th Cir. Apr.3, 2007) (unpublished order) (“Campbell proposes to argue that 18 U.S.C. § 3231, which gives district judges jurisdiction to hear criminal prosecutions, has no legal effect because the House and Senate did not vote on it in the same session of Congress .... The enrolled bill rule prevents looking behind laws in th[at] way .... ”); Mester Mfg., 879 F.2d at 570-71 (<HOLDING>); Gibson v. Anderson, 131 F. 39, 42-43 (9th Options: A. holding that there is both a statutory and a constitutional right to a jury trial under erisa because congress lacks constitutional authority to limit right to a jury B. holding it constitutional for congress to allocate jurisdiction question to the judge C. holding that where congress has directed the agency to issue a rule without regard to any other provision of statute or regulation that applies to issuance of such rule congress has amended the law and does not offend the constitution D. holding that in the absence of express constitutional direction the courts must defer to the reasonable procedures congress has ordained for its internal business where an employer asserted that the immigration reform and control act of 1986 is entirely null and void as unconstitutionally passed because congress has no constitutional authority to present a bill after adjournment sine die E. holding that an unconstitutional act of congress has no legal effect

assistant: The best answer is D. holding that in the absence of express constitutional direction the courts must defer to the reasonable procedures congress has ordained for its internal business where an employer asserted that the immigration reform and control act of 1986 is entirely null and void as unconstitutionally passed because congress has no constitutional authority to present a bill after adjournment sine die
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: upon his fundamental right to vote. To prevail on a claim under § 1983, Wilkins needs to show that he was deprived of a federal constitutional or federal statutory right. See Galen v. Cnty. of L.A., 477 F.3d 652, 662 (9th Cir.2007). But Wilkins was convicted of a felony in 1999 and thus California could (and did, for some time) deny him the right to vote without violating the Equal Protection Clause. See Richardson v. Ramirez, 418 U.S. 24, 56, 94 S.Ct. 2655, 41 L.Ed.2d 551 (1974). California has reenfranchised Wilkins because he completed his sentence and any parole, see Cal. Const, art. II, § 4; Cal. Elec.Code § 2101, but we have previously held that such re-enfranchisement is a statutory benefit conferred by the state, see Harvey v. Brewer, 605 F.3d 1067, 1079 (9th Cir.2010) (<HOLDING>). We thus conclude that Wilkins’s claim Options: A. holding that a states decision to reenfranchise convicted felons is a statutory benefit not a fundamental right B. recognizing that a criminal defendants right to a fair trial is fundamental C. holding that the right to vote is fundamental D. holding that the right to drive is not a fundamental right E. holding right to be fundamental

assistant: The best answer is A. holding that a states decision to reenfranchise convicted felons is a statutory benefit not a fundamental right
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 of any loss affecting any Collateral, the Lender having a senior Lien in the Collateral under this Agreement shall, subject to the Borrower’s rights under the relevant Loan Agreement with respect to such Collateral, have the sole and exclusive right, to adjust settlement of any insurance policy applicable to such Collateral. All proceeds of such insurance applicable to such Collateral shall (subject to the Borrower’s rights under the relevant Loan Agreement with respect to such Collateral) be applied in the same manner set forth in Sections 4.2, 4.3 and 4.4 with respect to such Collateral itself and other Proceeds thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the 1997 conviction qualified as an adult conviction for purposes of a career-offender classification pursuant to § 4B1.1. VII. Graves argues on appeal that the district court violated his Fifth and Eighth Amendment rights by considering a juvenile conviction in determining his career-offender status. Graves contends that under the precedent of Roper v. Simmons, 548 U.S. 551, 125 S.Ct. 1188, 161 L.Ed.2d 1 (2005), which prohibited the execution of juvenile offenders, using his juvenile conviction to impose a career-offender sentence violated evolving standards of decency. Our precedent forecloses Graves’s argument that Supreme Court precedent from Roper precludes the use of juvenile convictions in imposing career offender status on a defendant. See Wilks, 464 F.3d at 1243 (<HOLDING>). Accordingly, the district court did not err Options: A. holding previous convictions can only be used for sentence enhancement purposes under 18 usc 924e1 if the restoration of civil rights regarding such convictions expressly prohibited the possession of firearms B. holding that unloaded firearms qualify for this enhancement C. holding that roper did not support a similar postconviction claim and noting that roper contained obiter dictum to the effect that life imprisonment without the possibility of parole remains a permissible sentence for such offenders D. holding that the imposition of a life sentence on a juvenile does not violate the holding of roper E. holding that after roper juvenile convictions can qualify as predicate offenses for sentence enhancement purposes

assistant: The best answer is E. holding that after roper juvenile convictions can qualify as predicate offenses for sentence enhancement purposes
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: due process required that a petitioner be given the opportunity to file a motion for a hearing by an article V judge and challenge the traffic commissioner’s findings as part of the trial de novo process before the article V judge entered judgment against him. Id. at 698. According to Dabin and Stiens, due process allows a party to file with an article V judge a motion for a hearing on the traffic commissioner’s findings and recommendations prior to entry of judgment. Upon considering the motion, the circuit judge may elect to grant a hearing and may consider admissible evidence not previously offered to the traffic commissioner because no final judgment has been entered in the case. See Slay v. Slay, 965 S.W.2d 845, 845 (Mo. banc 1998); Keck v. Keck, 969 S.W.2d 765, 766 (Mo.App.1998) (<HOLDING>). By granting a hearing after the traffic Options: A. holding that the exercise of judicial power under article iii of the united states constitution requires an actual case or controversy B. holding that this courts review is limited to the bia decision and the portions of the ijs decision that it expressly adopted C. holding that appellate courts lack the authority to review a decision issued by a commissioner unless such decision is adopted by an article v judge because a commissioner is not authorized to exercise judicial power pursuant to article v of the missouri constitution D. holding that definition of the term final decision has been left to the commissioner to flesh out by regulation E. holding that an appellate court can review a district courts decision to remand when that decision rests upon a ground not authorized by statute

assistant: The best answer is C. holding that appellate courts lack the authority to review a decision issued by a commissioner unless such decision is adopted by an article v judge because a commissioner is not authorized to exercise judicial power pursuant to article v of the missouri constitution
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 unvested shares of Restricted Stock issued hereunder shall, in addition to any provisions relating to vesting contained in this Agreement, become immediately fully vested upon the termination of Recipient’s employment with the Company by the Company without Cause or by Recipient for Good Reason, in either case within twelve (12) months following the occurrence of a Change in Control (as defined below).

assistant: Change In Control
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 Executive hereby consents to personal jurisdiction and exclusive venue in the United States District Court for the Southern District of Florida, if such Court can exercise jurisdiction over the matter for any action brought by the Company or the Executive arising out of or in connection with this Agreement or the Executive’s employment with the Company. In the event the foregoing Court lacks jurisdiction, the Executive consents to personal jurisdiction and exclusive venue in the Circuit Court in and for Palm Beach County, Florida. For purposes of this Section 21 , the term “Executive” includes any business entity owned or controlled by the Executive. Each Party hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by mailing a copy thereof to such party at the address for such Notices (under Section 7 ) to he/it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT IT MAY LEGALLY AND EFFECTIVELY DO SO, TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING ARISING HEREUNDER.

assistant: Venues
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 headings of articles and sections of this Agreement are inserted only for convenience; they are not to be construed as a limitation of the scope of the particular provision to which they refer. All exhibits attached or to be attached to this Agreement are incorporated herein by this reference. The words “herein” and “hereof” mean “in this Agreement” and “of this Agreement,” respectively, and do not designate any particular section, subsection or other portion of this Agreement to the exclusion of any other portion of this Agreement.

assistant: Headings
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 Participant agrees, as a condition to receipt of any benefits under this Plan, that the restrictions set forth in Sections 3.5 and 3.6 are reasonable in all respects and are necessary for the protection of the goodwill, confidential information and other legitimate interests of the Company. In recognition of the fact that were a Participant to breach any of the covenants contained in Sections 3.5 and 3.6 the damage to the Company would be irreparable, each Participant therefore agrees, as a condition to receipt of any benefits under this Plan, that the Company, in addition to any other remedies available to it under Sections 3.5 and/or 3.6, shall be entitled to injunctive relief against any breach or threatened breach by a Participant of any of such covenants, without having to post bond. In the event that the provisions of Sections 3.5 and/or 3.6 shall be determined by any court of competent jurisdiction to be unenforceable by reason of its being extended over too great a time, too large a geographic area or too great a range of activities, such provision shall be deemed to be modified to permit its enforcement to the maximum extent permitted by law.

assistant: Enforcements
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: Martinez for failing to prove what would have happened if Deputy Johnson had discontinued the chase. This is not the law. See id.; Wadewitz, 951 S.W.2d at 467 (“Without taking both sides of the Chambers good faith balancing test into account, neither Wadewitz nor his expert witness had a suitable basis for concluding that a reasonable officer in Wa-dewitz’s position could or could not have believed that Wadewitz’s.actions were justified.”). , As the passage above highlights, the majority opinion discourages any investigation by the County into why the chase began or why it might need to continue and discourages any communication to the officer of any information that might allow him to better evaluate the need to continue the chase. If ig 9 (Tex. App.—Houston [1st Dist.] 2015, no pet.) (<HOLDING>). I will touch on it briefly. Section 101.055 Options: A. holding that because court had determined immunity had not been waived under section 101021 court did not need to analyze arguments relevant to section 101055 B. holding arguments not raised on appeal waived C. holding that the district court had no right to apply the statute of limitations sua sponte because it had been waived D. holding that arguments not raised before the trial court are waived E. holding that arguments not raised in district court are waived

assistant: The best answer is A. holding that because court had determined immunity had not been waived under section 101021 court did not need to analyze arguments relevant to section 101055
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 Restricted Stock Units are subject to the following rules in the event the Participant remains in continuous employment with the Company or its Subsidiaries until the date of a change in control described in this subsection, which rules shall apply in lieu of the default Change in Control provisions under the Plan. Upon the occurrence of an event that: (A) occurs before the Final Vesting Date; (B) is a Change in Control; and (C) constitutes a change in ownership or effective control of the Company or a change in the ownership of a substantial portion of the assets of the Company within the meaning of Code Section 409A and the Treasury regulations and guidance issued thereunder (a “RSU Change in Control”), any Restricted Stock Units that have not vested prior to the date of the RSU Change in Control shall immediately vest.

assistant: Change In Control
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: other circuits which indicate that the failure to provide such notice is reversible error, as the parties may have engaged in a different trial strategy had they known of the jury's advisory capacity. See Thompson v. Parkes, 963 F.2d 885, 888 (6th Cir.1992) (examining the plain language of the rule and policy considerations of trial tactics and concluding "the rule requires that the court’s initiative in ordering a trial to an advisory jury must occur, and the parties be made aware of it, before the case is submitted”); Bereda v. Pickering Creek Indus. Park, Inc., 865 F.2d 49, 53 (3d Cir.1989) (requiring a district court to "notify both sides of a jury's advisory status no later than the time at which the jury selection has begun”); Pradier v. Elespuru, 641 F.2d 808, 811 (9th Cir.1981) (<HOLDING>); cf. Merex A.G. v. Fairchild Weston Sys., Options: A. recognizing that there are frequently significant tactical differences in presenting a case to a court as opposed to a jury the parties are entitled to know at the outset of the trial whether the decision will be made by the judge or the jury B. recognizing the right to waive a jury trial C. recognizing that a district attorney must have reasonable latitude in fairly presenting a case to the jury and that the trial judge must have reasonable discretion in deciding whether the bounds of propriety have been exceeded D. holding that where the meaning of the jurys verdict was not clear in light of the trial courts jury instructions the court of appeals erred in directing entry of judgment for respondent the case should have been remanded to the trial judge who was in the best position to pass upon the question of a new trial in light of the evidence his charge to the jury and the jurys verdict E. holding that the trial judge rather than the jury makes the determination of whether the defendant violated the implied consent law

assistant: The best answer is A. recognizing that there are frequently significant tactical differences in presenting a case to a court as opposed to a jury the parties are entitled to know at the outset of the trial whether the decision will be made by the judge or 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 legal provision and list the applicable contract clause categories. Provision: There are no actions, litigation, claims, suits, mediations, arbitrations, inquiries, government or other investigations or proceedings of any nature pending or, to the Sellers’ knowledge, threatened, involving the Company, its properties or the Business or, with respect to the operation of the Business, any of its officers, directors, employees, consultants, advisors or shareholders, before any Governmental Authority, or that have been settled, dismissed or resolved since January 1, 2015. The Company is not subject to any Order arising from any litigation.

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: Pledgor shall, and shall cause each of its Subsidiaries, to make available to Agent and each Lender, without expense to Agent or any Lender, each such Person’s officers, employees and agents and books, to the extent that Agent or any Lender may deem them reasonably necessary to prosecute or defend any third-party suit or proceedings instituted by or against Agent or any Lender with respect to any Collateral or relating to the Pledgor or its Subsidiaries.

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: the “entire Caribbean” over CCC’s station — which in fact reached only a fraction of that area — and therefore that they did not need to advertise with CBS as well. (¶¶ 30-34) The complaint also alleges that CCC and C&W made sham technical objections to CBS’s application for a broadcast license for the purpose of defeating that application and thereby ensuring that CCC would continue to enjoy a monopoly. (¶¶ 35-40) Contrary to the arguments of C&W, such allegations do support the district court’s subject matter jurisdiction. A would-be monopolist or member of a conspiracy to monopolize comes within the condemnation of the Sherman Act when it engages in “anti-competitive conduct.” See, e.g., Spectrum Sports, Inc. v. McQuillan, 506 U.S. 447, 456, 113 S.Ct. 884, 122 L.Ed.2d 247 (1993) (<HOLDING>). “Anticompetitive conduct” can come in too Options: A. holding that proof of relevant market is essential under 2 B. recognizing the sherman acts central interest in protecting the economic freedom of participants in the relevant market C. holding elements of attempted monopolization claim under 2 of sherman act are intent anticompetitive conduct and dangerous probability of success in a relevant market D. holding district court erred by incorporating issue of anticompetitive market effect into its standing analysis confusing antitrust injury with an element of a claim under section 1 of the sherman act and stating district courts approach may have been result of the similar antitrust injury label applied to injury component of antitrust standing analysis and to marketplace harm element under section 1 E. holding that a plaintiff claiming monopolization is obligated to establish the relevant market because the power to control prices or exclude competition only makes sense with reference to a particular market

assistant: The best answer is C. holding elements of attempted monopolization claim under 2 of sherman act are intent anticompetitive conduct and dangerous probability of success in a relevant market
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: Buyer shall pay (a) the premium for the Title Policy and the cost of all endorsements and any extended coverage obtained by Buyer thereunder; (b) the cost of the New Survey; (c) one-half (1/2) of all escrow fees and expenses charged by Escrow Agent; (d) all recording fees on any document recorded pursuant to this Agreement; (e) the realty transfer fee/mansion tax imposed by N.J.S.A. 46:15-7.2, if any, due from purchasers pursuant to Form RTF-IEE (Affidavit of Consideration for Use By Buyer); (f) one-half (1/2) of the administrative or transfer fee charged by the City in connection with the assignment of the Financial Agreement to Buyer; (g) with respect to the prepayment or defeasance of the Existing Loan, all prepayment charges (including the Yield Maintenance Premium) and defeasance related costs and expenses, whichever is applicable, and in the case of a defeasance of the Existing Loan, the fees of the defeasance consultant; (h) all state and county transfer taxes with respect to the transaction contemplated hereby, including, without limitation, those imposed pursuant to N.J.S.A. 46:15-7 and 7.1; and (i) except as set forth herein, all other costs incidental to the Closing. Sellers shall pay (a) one-half (1/2) of the administrative or transfer fee charged by the City in connection with the assignment of the Financial Agreement to Buyer; (b) one-half (1/2) of all escrow fees and expenses charged by the Escrow Agent; (c) all recording charges in connection with the release of any mortgages encumbering the Property; and (d) if required, all payments to the City under Section 8.3 of the Financial Agreement.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you must send any notice of dispute to skype or its corporate affiliate at attn : legal department , microsoft corporation one microsoft way redmond , wa 98052-7329 .

assistant: None