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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: circumstances, “the rights of the bank are destroyed if the court allows the [D]ebtor’s plan to force a new owner on the mortgagee in continued violation of the due on sale clause.” In re Allen, 300 B.R. at 105. This Court will not force a new owner (i.e. Mullin) on Wells Fargo. To do so would disregard Texas law that due on sale clauses are enforceable. For all of these reasons, the Court concludes that the Plan impermissibly modifies the rights that Wells Fargo has under the First Lien Note and First Lien Deed of Trust. 3. Cases holding that a Chapter 13 plan may modify the rights of a home lender seeking to invoke its rights and remedies under a due on sale clause. Given the importance of due on sale clauses, the Court believes that it is appropriate to distinguish those bankrupt )(<HOLDING>); In re Trapp, 260 B.R. 267, 268 Options: A. holding that the debtor could retain exempt property because it was not property of the estate B. holding that the debtor had the right to cure the default because the foreclosure sale was not complete under state law until it was confirmed by a court C. holding debtor could cure default partly because the bank held a recourse loan and therefore could recover against the original borrower personally D. holding postpetition payments due to the debtor under a prepetition noncompete agreement were not property of the estate because the debtor had not done all acts necessary to accrue his right to the future payments E. holding debtor could include property because the bank accepted payments directly from the debtor and had previously allowed the debtor to cure default

assistant: The best answer is E. holding debtor could include property because the bank accepted payments directly from the debtor and had previously allowed the debtor to cure default
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) (i) The fair value of the assets of Holdings , the Borrower and the its subsidiaries on a consolidated basis, at a fair valuation, will exceed the debts and liabilities, direct, subordinated, contingent or otherwise, of Holdings , the Borrower and the its subsidiaries on a consolidated basis , respectively ; (ii) the present fair saleable value of the property of Holdings , the Borrower and the its subsidiaries on a consolidated basis will be greater than the amount that will be required to pay the probable liability of Holdings , the Borrower and the its subsidiaries on a consolidated basis , respectively, on their debts and other liabilities, direct, subordinated, contingent or otherwise, as such debts and other liabilities become absolute and matured; (iii) Holdings , the Borrower and the its subsidiaries on a consolidated basis will be able to pay their debts and liabilities, direct, subordinated, contingent or otherwise, as such debts and liabilities become absolute and matured; and (iv) Holdings , the Borrower and the its subsidiaries on a consolidated basis will not have unreasonably small capital with which to conduct the businesses in which they are engaged as such businesses are now conducted and are proposed to be conducted.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: . . . there was a causal connection between the protected activity and the adverse employment decision[s].” Murray v. St. Michael’s Coll., 164 Vt. 205, 210, 667 A.2d 294, 299 (1995). In Burlington Northern, the Supreme Court held that a plaintiff bringing a retaliation claim under Title VII need show only that “a reasonable employee [in the employee’s situation] would have found the challenged action materially adverse,” meaning that it well might have dissuaded a reasonable employee from engaging in the protected activity. 548 U.S. at 68. ¶ 34. Assuming, without deciding, that this is the standard to apply with respect to retaliation claims brought under 21 V.S.A. § 710(b), we conclude that the limited video surveillance in this case in connectio v., 37 F.3d 1146, 1150 (5th Cir. 1994) (<HOLDING>). ¶ 35. But in this case, if the release Options: A. holding that the former wife did not waive her attorneyclient privilege simply because the credibility of her claim that she relied on her husbands representations could be impeached by deposing her former attorney B. holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment C. holding that because a claimant testified that she had no insurance and could not afford treatment her failure to take medication for her symptoms is not a clear and convincing reason for discrediting her symptom testimony D. holding that a teachers complaint to school authorities that her principal had instructed her to make improper changes in her own students grades was unprotected because it was made pursuant to her official duties E. holding that the employee was acting within the course of her employment when she died while returning from the workrelated session because her death occurred on a public highway which was brought within the scope of her employment by her employers requirement that she attend training at the state police academy

assistant: The best answer is B. holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment
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) Facility Fee . The Company agrees to pay to the Agent for the account of each Lender a facility fee on the aggregate amount of such Lender’s Commitment from the date hereof in the case of each Initial Lender and from the effective date specified in the Assignment and Assumption, as the case may be, pursuant to which it became a Lender in the case of each other Lender until the date such Lender ceases to be a Lender at a rate per annum equal to the Applicable Percentage in effect from time to time, payable in arrears quarterly on the last day of each March, June, September and December, commencing June 30, 2016, and on the latest Termination Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 1133 (2002); Stein v. Geonerco, Inc., 105 Wn. App. 41, 45, 17 P.3d 1266 (2001); Tjart v. Smith Barney, Inc., 107 Wn. App. 885, 893, 28 P.3d 823 (2001), review denied, 145 Wn.2d 1027, cert. denied, 537 U.S. 954 (2002). The party opposing arbitration bears the burden of showing that the agreement is not enforceable. See Green Tree Fin. Corp. v. Randolph, 531 U.S. 79, 92, 121 S. Ct. 513, 148 L. Ed. 2d 373 (2000). WLAD Requirements f 13 Relying on cases holding that an exclusive remedies provision in a collective bargaining agreement does not prevent employees from initiating civil suits in court for violations of the WLAD, Adler argues that the WLAD requires a judicial forum for discrimination claims of employees. See Reese v. Sears, Roebuck & Co., 107 Wn.2d 563, 577, 731 P.2d 497 (1987) (<HOLDING>), overruled on other grounds by Phillips v. Options: A. holding that an employee may sue for breach of a collective bargaining agreement without the union B. holding that petitioners remedy under title vii of the civil rights act was in addition to remedies available under the collective bargaining agreement in force between his employer and his union C. holding that antidiscrimination rights under title vii cannot be waived by a collective bargaining agreement D. holding that a collective bargaining agreement to arbitrate is binding upon individual employees even when dispute involves federal cause of action E. holding that chapter 4960 rcw permits individual employees to pursue their rights under the wlad in court without first exhausting remedies in a collective bargaining agreement

assistant: The best answer is E. holding that chapter 4960 rcw permits individual employees to pursue their rights under the wlad in court without first exhausting remedies in a collective bargaining agreement
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 representation or warranty in this Article 4, and no statement contained elsewhere in this Agreement or in any schedule, exhibit, certificate or other document furnished or to be furnished by Buyer to Seller pursuant hereto or in connection with the transactions contemplated under this Agreement contains any untrue statement of a material fact or omits or will omit to state a material fact or any fact necessary to make the statements contained therein not materially misleading.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall pay, or cause to be paid, for itself and its Subsidiaries, before they become delinquent and where the failure to pay or discharge such amounts will have a Material Adverse Effect, all taxes imposed upon it or on any of their Property or that it is required to withhold and pay, except when contested in good faith by appropriate proceedings with adequate reserves therefore having been set aside on their books. Notwithstanding the foregoing right of contest, such taxes will be paid whenever foreclosure on any Lien that has attached appears imminent.

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 legal provision and list the applicable contract clause categories. Provision: Borrower agrees to pay on demand all costs and expenses of Agent (including the reasonable fees and expenses of outside counsel for Agent) in connection with the preparation, negotiation, execution, delivery and administration of this Amendment and all other instruments or documents provided for herein or delivered or to be delivered hereunder or in connection herewith. All obligations provided herein shall survive any termination of this Amendment and the Credit Agreement as amended hereby.

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 case excerpt and choose the best holding from the options. Case excerpt: domicile for diversity purposes. Rodríguez-Díaz, 853 F.2d at 1030, 1033. Typically, “relevant rules of state law provide the basis for the applicable federal common law.” Id. at 1033. In Massachusetts, the domicile of a child is the same as the domicile of the parent who has lawful custody of the child. Durfee v. Durfee, 293 Mass. 472, 478, 200 N.E. 395 (1936) (emphasis added); see also Gil v. Servizio, 375 Mass. 186, 189, 375 N.E.2d 716 (1978) (“The domicile of the ... children [is] the same as the domicile of their parent who has lawful custody of them.”). Accordingly, a parent without lawful custody has “no power to change the domicile of his child while ... subject to a valid decree giving custody to the” other parent. Conley v. Conley, 324 Mass. 530, 534, 87 N.E.2d 153 (1949) (<HOLDING>). Bower was awarded sole legal custody of his Options: A. recognizing duty of parent to control conduct of child B. holding that the domicile of the child follows that of the parent with lawful custody C. holding that where interference with visitation becomes so pervasive as to harm the childs close relationship with the noncustodial parent there can be a conclusion drawn that the actions of the custodial parent show a disregard for the best interests of the child warranting a change of custody D. holding that a parent has a right of custody by reason of that parents ne exeat right the authority to consent before the other parent may take the child to another country E. recognizing that the child custody act required that the natural parent presumption must be seriously considered and heavily weighted in favor of the parent but that the presumption is rebutted if the clear and convincing evidence establishes that the best interest of the child is served by awarding custody to the third party

assistant: The best answer is B. holding that the domicile of the child follows that of the parent with lawful custody
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: a sentencing enhancement factor becomes "a tail which wags the dog of the substantive offenses” the clear and convincing standard might apply); United States v. Restrepo, 946 F.2d 654, 659 (9th Cir.1991) (en banc) (observing that "the Supreme Court has recognized that due process protects a defendant's interest in fair sentencing, hut has emphasized in the same cases that the interest is not defined as a liberty interest in a sentence below the statutory maximum,” and leaving for another day the issue of whether a standard of proof higher than the general rule of preponderance of evidence would be necessary where the tail wags the dog of the substantive offense), cert. denied, 503 U.S. 961, 112 S.Ct. 1564, 118 L.Ed.2d 211 (1992); United States v. Lombard, 72 F.3d 170 (1st Cir.1995) (<HOLDING>); United States v. Kikumura, 918 F.2d 1084 (3rd Options: A. holding that the district court erred in imposing an enhancement under the 5k20 departure provision where an enhancement under the separate guidelines provision for restraining a victim during the course of an offense would have been appropriate B. holding that district court had authority to grant section 5k20 downward departure despite governments opposition C. holding where the statutory minimum sentence exceeds the guidelines sentence a substantialassistance downward departure begins at the mandatory minimum sentence D. holding that where it was clear that the court of appeals had limited the issues on resentencing to the one issue raised in the defendants first appeal the district court did not err in declining to consider other issues raised by the defendant on remand E. holding that where mandatory life sentence enhancement was the tail which wags the dog of defendants firearm conviction which raised constitutional due process issues the district court had authority to consider a downward departure under section 5k20 of the guidelines

assistant: The best answer is E. holding that where mandatory life sentence enhancement was the tail which wags the dog of defendants firearm conviction which raised constitutional due process issues the district court had authority to consider a downward departure under section 5k20 of the guidelines
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in a divorce proceeding "is not necessarily binding on the trial court. It is only a recommendation to be adhered to if the trial court believes it to be fair and reasonable." Colman v. Colman, 743 P.2d 782, 789 (Utah Ct.App.1987). In other words, "even if the trial court['s divorce decree] does not exactly follow the parties' agreement, such a decree is still within the court's reasonable discretion." Id. This is so because, in accordance with the equitable power of trial courts in divorcee actions, trial courts should not be prevented "from doing that which justice and equity require for the interest and welfare of the parties involved." Reese v. Reese, 1999 UT 75, ¶ 25, 984 P.2d 987 (internal quotation marks omitted); see also Land v. Land, 605 P.2d 1248, 1251 n. 5 (Utah 1980) (<HOLDING>). 124 In this case, Husband filed a motion to Options: A. holding that the mclendon standard applied where an agreement between the parties granted the parties joint legal custody of the child with physical custody to the mother and the agreement had been adopted by the trial court B. holding that a bankruptcy court cannot rewrite an agreement and by doing so approve terms that differ from those to which the parties agreed in evaluating a proposed settlement or compromise under rule 9019 the court must accept or reject the agreement as presented C. holding the sale valid as between the original parties despite noncompliance with the act D. recognizing that a trial court has discretion to adopt or reject an agreement between the parties as part of the original divorcee decree as equity might dictate E. holding that nolostprofits clause in parties agreement was not unconscionable as a matter of law in part because similar clause had been in the agreement between the parties for years

assistant: The best answer is D. recognizing that a trial court has discretion to adopt or reject an agreement between the parties as part of the original divorcee decree as equity might dictate
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 Guarantors will pay all reasonable out-of-pocket expenses incurred by the Administrative Agent, including the fees, charges and disbursements of any counsel for the Administrative Agent, in connection with the enforcement or protection of its rights in connection with this Guarantee, including its rights under this Section, including all such reasonable out-of-pocket expenses incurred during any workout, restructuring or negotiations with respect thereto, together with interest thereon as specified in Section 12 hereof. All amounts due under this Section shall be payable promptly after written demand therefor.

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 case excerpt and choose the best holding from the options. Case excerpt: we held that Alaska law governs the question of interspousal tort immunity, even though the auto accident that inspired the tort suit occurred in Canada. See id. at 700-01. There, we treated the interspousal immunity question independently of the underlying tort question, and focused on the spousal relationship between the parties to the lawsuit. See id. But to apply the Armstrong approach here only begs the question of whether successor liability should be treated as wholly independent. Armstrong does not control. 7 . See Tex. Bus 7) (defining dépegage as [a) court's application of different state laws to different issues in a legal dispute; choice of law on an issue-by-issue basis"); see also Bryan A. Garner, A Dictionary of Modern Legal Usage 266 .R.L., 648 So.2d 565, 570 (Ala.1994) (<HOLDING>). See also David W. Pollak, Successor Liability Options: A. holding that successor liability is not a tort it is an equitable tool used to transfer liability from a predecessor to a successor quotation omitted B. holding that state law determines successor liability under cercla C. holding that conflict rule for tort cases should apply to corporate successor liability issue D. recognizing cercla successor liability E. recognizing conflict

assistant: The best answer is C. holding that conflict rule for tort cases should apply to corporate successor liability 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 legal provision and list the applicable contract clause categories. Provision: Executive will render full-time professional services to the Corporation and, as directed by the Corporation, to its subsidiaries or other Affiliates (as defined in Paragraph 3 below), in the capacity of Executive Vice President of Corporate Strategy and Business Development under the terms and conditions of this Agreement. He will at all times, faithfully, industriously and to the best of his ability, perform all duties that may be required of him by virtue of his position as Executive Vice President of Corporate Strategy and Business Development and in accordance with the directions and mandates of the Board of Directors of the Corporation. It is understood that these duties shall be substantially the same as those of an executive vice president of corporate strategy and business development of a similar business corporation engaged in a similar enterprise. Executive is hereby vested with authority to act on behalf of the Corporation in keeping with policies adopted by the Board of Directors, as amended from time to time. Executive shall report to the President and Chief Executive Officer (hereinafter the “ Chief Executive Officer ”) and the Board of Directors.

assistant: Employment
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 (together with the Share Exchange Agreement and the Lock-Up Agreements to the extent incorporated herein, and including all agreements entered into pursuant hereto or referenced herein and all certificates and instruments delivered pursuant hereto and thereto) constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, understandings, negotiations and discussions between the parties, whether oral or written, relating to the subject matter hereof; provided , that, for the avoidance of doubt, the foregoing shall not affect the rights and obligations of the parties under the Share Exchange Agreement or any other Ancillary Document.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the pornographic materials that Ogletree stored in his back yard storage shed along with his four-wheeler. Furthermore, D. C. described at trial the act that formed the basis of the charge concerning her. And the state presented evidence that Ogletree had groped the breasts of two other women without their consent. Moreover, the trial court charged the jury fully as to what constituted evidence, including instructing them that evidence did not include the questions asked by the lawyers. “All things considered, including the strength of the State’s evidence in this case, we conclude that it is highly probable that [any] trial court[ ] error in failing to comply with OC 2d 512) (2005) (citations omitted). 4 See Jackson, supra; Jenkins v. State, 284 Ga. 642, 646 (4) (670 SE2d 425) (2008) (<HOLDING>); OCGA § 24-4-8 (2011) (“The testimony of a Options: A. holding that beyond reasonable doubt standard not required in termination cases B. holding that evidence as stipulated at a trial was sufficient to find beyond a reasonable doubt that appellant was guilty under standard of jackson supra C. holding that trial court must determine whether fifth amendment violation was harmless beyond a reasonable doubt D. holding that appellant was deprived of a fair trial where the jury was instructed in such a way that it was not required to find at least two elements of the offense of capital murder to be proven beyond a reasonable doubt E. holding that testimony at trial in violation of defendants constitutional confrontation right was harmless beyond a reasonable doubt because the testimony was cumulative

assistant: The best answer is B. holding that evidence as stipulated at a trial was sufficient to find beyond a reasonable doubt that appellant was guilty under standard of jackson supra
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: Seller shall indemnify and hold Purchasers harmless from and against any and all actions, suits, claims and demands arising out of or related to (i) any actions or omissions of Seller in its capacity as a shareholder of the Corporation prior to the Closing date, or (ii) any lawsuits against the Corporation arising during the period of time prior to the Closing date; (iii) any investigations, requests, audits or comment letters issued by the Securities and Exchange Commission related to the period of time prior to the Closing date; and (iv) any breach of this Agreement by Seller, including a breach of the representations and warranties contained in this Agreement.

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: of his bed. 3 . While some of these cases discuss procedural, rather than substantive, due process, they are relevant to the question of when liberty interests arise for incarcerated prisoners. 4 . Grinter offered no allegations or argument in support of his claim that there was insufficient evidence to support a finding of guilt. "[I]t is a settled appellate rule that issues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived.” United States v. Johnson, 440 F.3d 832, 846 (6th Cir.2006) (citation omitted). Grinter has provided no argument or allegations in support of this argument either in the district court or before this court and has waived it. See also Rogers v. Howes, 64 Fed.Appx. 450, 455 (6th Cir.2003 h Cir.2005) (<HOLDING>). 549 U.S. 199, 127 S.Ct. at 918-26. 9 . Options: A. holding that where no colorable claim can be construed from a complaint it should be dismissed B. holding that the plra requires total exhaustion where an entire action should be dismissed if one claim is not properly exhausted C. holding that exhaustion is required under the plra even if the plaintiff seeks only money damages and money damages are not available as relief D. holding that if the federal claims are dismissed before trial the state claims should be dismissed as well E. holding that it was an abuse of discretion for a district court not to stay an exhausted petition pending exhaustion of a newly discovered claim

assistant: The best answer is B. holding that the plra requires total exhaustion where an entire action should be dismissed if one claim is not properly exhausted
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: To the extent the Company maintains an insurance policy or policies providing directors and officers liability insurance, Indemnitee shall be covered by such policy or policies, in accordance with and subject to its or their terms, to the maximum extent of the coverage available for any member of the Board.

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 legal provision and list the applicable contract clause categories. Provision: The Company and Virtu acknowledge and agree that the Non-Competition covenants set forth in Section 8(c) of your Employment Agreement will be null and void as of your Separation Date and will not be enforced against you following the Separation Date.

assistant: 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: 2. Each Recipient Party with respect to Confidential Information received by it hereunder shall: C. Not disclose Confidential Information to any person other than to one of the Recipient Party's directors, officers, employees, representatives, consultants or agents (collectively called "Representatives") who need to know such information for the purposes of the Evaluation, provided that each Representative shall be informed, directed and obligated by the Recipient Party to treat such information in accordance with the obligations of this agreement and the Recipient Party shall be liable for breach of any such obligation by any of its Representatives.

assistant: Yes
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: earnings of the injured employee in the employment in which he was working at the time of the injury[.]” “Results fair and just, within the meaning of G.S. 97-2[], consist of such ‘average weekly wages’ as will most nearly approximate the amount which the injured employee would be earning were it not for the injury, in the employment in which he was working at the time of his injury.” Liles v. Electric Co., 244 N.C. 653, 660, 94 S.E.2d 790, 796 (1956) (emphasis omitted). In interpreting “average weekly wages” pursuant to N.C. Gen. Stat. § 97-2(5), it is clear from our case law that a plaintiff cannot aggregate or combine his wages from more than one employment in calculating his compensation rate. See McAninch v. Buncombe County Schools, 347 N.C. 126, 134, 489 S.E.2d 375, 380 (1997) (<HOLDING>); see also Barnhardt v. Cab Co., 266 N.C. 419, Options: A. holding that inmates have no constitutionally protected interest in the wages earned while in prison B. holding under indiana law that profits are not wages and neither is a fraction of profits wages and so a bonus that is based on the performance of a plant rather than on the time or determinable output of the employee is not wages either C. holding that the definition of average weekly wages and the range of alternatives set forth in the five methods of computing such wages as specified in the first two paragraphs of ncgs 9725 do not allow the inclusion of wages or income earned in employment or work other than that in which the employee was injured D. holding that a plaintiff cannot assert a statutory claim for wages under the labor law if he has no enforceable contractual right to those wages E. holding that garnishment of wages is a deprivation

assistant: The best answer is C. holding that the definition of average weekly wages and the range of alternatives set forth in the five methods of computing such wages as specified in the first two paragraphs of ncgs 9725 do not allow the inclusion of wages or income earned in employment or work other than that in which the employee was injured
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 initial term of this Agreement will begin on the Effective Date, and, unless earlier terminated in accordance with the terms hereof, will expire on December 31, 2019. Unless earlier terminated in accordance with this Agreement, this Agreement will automatically renew for an additional five-year term thereafter unless Bunge gives Producer written notice of its election not to renew, no later than 180 days prior to the expiration of the initial term. The “ Term ” will be the total of the initial term of this Agreement and any renewal terms.

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 case excerpt and choose the best holding from the options. Case excerpt: 753 So.2d 650 (Fla. 3d DCA 2000); Johnson v. State, 736 So.2d 708 (Fla. 2d DCA 1999); Robinson v. State, 702 So.2d 1346 (Fla. 5th DCA 1997); Hill v. State, 692 So.2d 277 (Fla. 5th DCA 1997); Johnson v. State, 678 So.2d 934 (Fla. 3d DCA 1996); Dunbar v. State, 664 So.2d 1093 (Fla. 2d DCA 1995); Reeves v. State, 605 So.2d 562 (Fla. 2d DCA 1992). While no Florida decision until Meeks had undertaken the task of specifically defining “substantive” or “technical/nonsubstantive,” we do gain some insight through an analysis of how specific violations have been classified by various courts. In so doing, one observation is obvious: violations which are based on the commission of a new criminal offense are consistently classified as “substantive” violations. See, e.g., Escutary, 753 So.2d at 651 (<HOLDING>); Robinson, 702 So.2d at 1347 (“Committing a Options: A. holding that illicit drug use because it is also a crime constitutes a substantive violation of youthful offender probation B. holding that while a defendant is not entitled to be sentenced as a youthful offender on any new offense he or she may have committed the trial court cannot revoke a defendants youthful offender status on offenses for which that defendant has already been sentenced citation omitted C. holding that where original sentencing judge imposed a guidelines sentence defendant could not be sentenced as a habitual offender upon violation of probation D. holding that youthful offender could be sentenced in excess of six year cap where probation violation was substantive in that he committed several criminal offenses E. holding that probation and suspension of sentence may not be revoked based solely on a violation or criminal offense that was committed before the offender was actually placed on probation

assistant: The best answer is D. holding that youthful offender could be sentenced in excess of six year cap where probation violation was substantive in that he committed several criminal offenses
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 any provision or any portion of any provision hereof or any surviving agreement made a part hereof becomes or is declared by a court of competent jurisdiction or arbitrator to be illegal, unenforceable, or void, this Agreement shall continue in full force and effect without said provision or portion of provision.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Tenant shall insure the Generator under such policies, with such insurers, in such amounts and upon such terms as Landlord shall reasonably require. Tenant shall pay Landlord within thirty (30) days after demand by Landlord any increase(s) in Landlord’s insurance premium(s) attributable to the Tenant’s Generator.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement and the other Loan Documents to which Borrower is a party have been duly authorized, executed and delivered by Borrower and constitute a legal, valid and binding obligation of Borrower, enforceable against Borrower in accordance with their respective terms, except as such enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally, and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law). The Loan Documents are not subject to any right of rescission, set-off, counterclaim or defense by Borrower, Owner or Guarantors including the defense of usury, and none of Borrower, Owner or Guarantors have asserted any right of rescission, set-off, counterclaim or defense with respect thereto.

assistant: Enforceability
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: 77, 81 (Mo.banc 1992). In Ward’s view, the inability of a person under the age of fourteen .to legally consent to sexual activity demonstrates that first-degree statutory sodomy, like first-degree sexual misconduct, requires proof of lack of consent. Thus, Ward concludes, first-degree sexual misconduct is included in first-degree statutory sodomy because the former may be established by proof of the same or less than all the facts required to prove the latter offense. However, as Stokely confirms, the inability of a person under the age of fourteen to legally consent to sexual activity actually demonstrates that “[a]ge is the essential element” in statutory sexual offenses such as statutory sodomy, and thus the intent of the perpetrator and the consent of the victim are irrelevant. Id. (<HOLDING>); see also State v. Ybarra, 386 S.W.2d 384, 386 Options: A. holding that mistake as to the age of the victim is no defense to statutory rape B. holding that against her will in the rape statute means without her consent and that the fact that the victim was under the age of consent was sufficient to establish that element C. holding that elements of rape do not include proof of the absence of a marital relationship between the accused and the victim D. recognizing that statutory rape has historically not required mens rea regarding element of vietims age E. holding that taking indecent liberties with a child is not a lesser included offense of statutory rape given the differing age elements

assistant: The best answer is A. holding that mistake as to the age of the victim is no defense to statutory rape
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 becomes a question of whether an “actual controversy” exists between the parties to the action. See Rowan Companies, Inc. v. Griffin, 876 F.2d 26, 27-28 (5th Cir.1989).... Second, if it has jurisdiction, then the district court must resolve whether it has the “authority” to grant declaratory relief in the case presented. See Travelers Ins. Co. v. Louisiana Farm Bureau Fed’n, Inc., 996 F.2d 774, 776 (5th Cir.1993) (“Prior to determining whether the district court abused its discretion by failing to review the merits of this case, this Court must first determine whether the district court had authority to grant a declaratory judgment here.”). Third, the court has to determine how to exercise its broad discretion to decide or dismiss a declaratory judgment action. See id. at 778 (<HOLDING>). We review the dismissal of a declaratory Options: A. recognizing fiduciary exception in the erisa context B. recognizing that policy considerations and analytical framework in civil context are sometimes persuasive and instructive in criminal context C. recognizing a district courts vast discretion in the declaratory judgment context D. recognizing this principle in the childpornography context E. recognizing this principle in the failure to hire context

assistant: The best answer is C. recognizing a district courts vast discretion in the declaratory judgment context
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: factor listed in 18 U.S.C. § 3553(a) and made explicit note of its focus on Cogswell’s history and characteristics, the nature and circumstances of the offense, and the need to avoid any unwarranted sentencing disparities among similarly situated defendants. Regarding this last factor, the district court noted that the disparities among the sentences that the court had imposed on the co-defendants were attributable to a number of factors, including that each defendant had different ist the government may receive sentence reductions. See Vázquez-Rivera, 470 F.3d at 449 (finding the defendant’s sentence not to be unreasonable “simply because his co-defendants agreed to help the government in exchange for reduced sentences”); United States v. Rodríguez, 162 F.3d 135, 152 (1st Cir.1998) (<HOLDING>). Taking into account Cogswell’s age, level of Options: A. holding that imposition of lengthy sentences did not show prejudice where sentences were warranted by facts shown in the evidence B. holding that the court lacked jurisdiction to modify hfo sentences where sentences were not illegal and sixty days had transpired since imposition of the sentence C. holding that any disparity between the defendants sentence and sentences imposed in fasttrack districts was considered appropriately as a single and not controlling factor D. holding that crackpowder disparity was constitutional stating that ujntil the en banc court of this circuit the us supreme court or congress itself accepts this assertion of disparity and finds it untenable challenges to the sentencing guidelines based on the disparity between sentences for crack cocaine and powder cocaine will continue to fail E. holding that the law allows the government to offer reduced sentences in exchange for assistance even if it results in sentences of such disparity as would strike many as unfair

assistant: The best answer is E. holding that the law allows the government to offer reduced sentences in exchange for assistance even if it results in sentences of such disparity as would strike many as unfair
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by binding arbitration, conducted before a panel of three arbitrators in a location selected by the Employee within 100 miles of such Employee's job location with the Bank, in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrators' award in any court having 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 legal provision and list the applicable contract clause categories. Provision: There are no actions, suits or proceedings pending nor, to its knowledge, threatened against or in any other way relating adversely to or affecting the Borrower or any Subsidiary thereof or any of their respective properties in any court or before any arbitrator of any kind or before or by any Governmental Authority that could reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by refusing to submit to the voters the bond-authorization measures that, if approved, would require the Authority to purchase the Facilities. The construction of the Agreements is the subject of another lawsuit; nonetheless, under the Authority’s construction of the Agreements, there has been no breach of the Agreements and the Authority is not required to purchase the Facilities. Under the Developers’ petition, the Agreements are still in effect. The petition shows that rather than rescind the Agreements based on an alleged material breach by the Authority, the Developers have treated the Agreements as still in effect by continuing to demand performance under the Agreements and suing to enforce the Agreements. See Hanks v. GAB Bus. Servs., Inc., 644 S.W.2d 707, 708 (Tex.1982) (<HOLDING>); Gupta v. Eastern Idaho Tumor Inst., Inc., 140 Options: A. holding that nonbreaching party must decide whether to rescind the contract or seek to enforce it when the material breach occurred rather than waiting until after trial and before judgment to decide and stating that nonbreaching party waived its right to rescind the contract based on the other partys material breach by 1 treating the contract as still in effect following the material breach and 2 by filing suit to enforce the contract B. holding that an uncured material breach does not discharge the nonbreaching party unless the material failure to perform cannot be cured C. holding party in breach could not maintain suit for breach of contract D. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract E. holding that as a matter of law nonbreaching party was bound by the contract despite other partys material breach because nonbreaching party continued to demand performance under the contract following the material breach

assistant: The best answer is A. holding that nonbreaching party must decide whether to rescind the contract or seek to enforce it when the material breach occurred rather than waiting until after trial and before judgment to decide and stating that nonbreaching party waived its right to rescind the contract based on the other partys material breach by 1 treating the contract as still in effect following the material breach and 2 by filing suit to enforce the contract
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: Kerrigan shall provide consulting and advisory services to Marathon from July 1, 2017 through September 30, 2017 (the “ Consulting Services Period ”) on an as-needed basis, not to exceed eight and half (8.5) hours per week.

assistant: Terms