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: Landlord shall deliver properly completed and executed state and municipal conveyance tax statements; a certification signed by Landlord affirming, that, to the best of Landlord’s knowledge and other than work authorized by Tenant or those claiming by or through Tenant, no work has been performed at or materials supplied to the Premises within the ninety (90) day period preceding the Closing (or properly executed lien waivers of the same in lieu thereof, where applicable) and that there are no tenants in possession other than the Tenant, but taking exception for any actions or omissions of the Tenant and any other tenants or occupants of the Premises; and Foreign Investment for Real Property Tax Act. Each of the parties shall execute and deliver such other commercially reasonable documents as shall be customary to a closing of commercial property located in Litchfield County, Connecticut, including, without limitation, authorizing resolutions and any documents reasonably required by Tenant’s title insurance company, provided that such documents shall not alter the allocation of responsibility or liability as set forth in this Exhibit B . Landlord and Tenant warrant to each other that they know of no person, firm or corporation who is entitled to a brokerage fee or real estate fee arising out of the sale of the Premises contemplated herein. The parties agree that if any person or entity makes a claim for brokerage fees or real estate fees of any kind related to the sale of the Premises by Landlord to Tenant and such claim is made by, through or on account of any acts or alleged acts of said party or its representatives, said party will protect, indemnify, defend and hold the other party free and harmless from and against any and all loss, liability, cost, damage and expense (including reasonable attorneys fees) in connection therewith.

assistant: Miscellaneous
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: on defendants for other purposes such as demonstrating that Defendants alleged failures were more than mere negligence. 6 .Indeed, the Eleventh Circuit has extended the Eighth Amendment or used its standards to determine when the due process rights of a involuntarily civilly committed person had been violated. See Dolihite, 74 F.3d at 1041; also Spivey, 29 F.3d at 1526 (extending Taylor to create a duty on state officials running a state residential school to protect a deaf student in their care and custody). 7 . Even if Plaintiffs Amended Complaint made allegations that collectively accused all defendants of violating Plaintiff’s constitutional rights (which it does not), Defendants' motions would still not be well taken. See Kyle K. v. Chapman, 208 F.3d 940, 944 (11th Cir.2000) Options: A. holding that the complaint did not satisfy the notice pleading requirements of federal rule of civil procedure 8a because the complaint gave the defendants no notice of the specific factual allegations presented for the first time in the plaintiffs opposition to summary judgment B. holding that there must be a causal connection between the advertising activity and the injury alleged in the underlying complaint C. holding despite collective allegations in complaint the complaint was not deficient under rule 8a because it stated with sufficient particularity facts establishing a causal connection between the defendants actions and the constitutional deprivation D. holding that the allegations in the complaint stated a cause of action under section 376313 E. holding that the plaintiffs complaint was valid because despite general allegations it provided notice

assistant: The best answer is C. holding despite collective allegations in complaint the complaint was not deficient under rule 8a because it stated with sufficient particularity facts establishing a causal connection between the defendants actions and the constitutional deprivation
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: Tex. R. Civ. P. 18. Citing our decision in Storrie v. Shaw, 96 Tex. 618, 75 S.W. 20 (1903), the Lykes court held that a request for findings is a “motion” under rule 18 and thus the rule authorized a successor judge to file findings. 601 S.W.2d at 421-22. But even if rule 18 applies to requests for findings of fact—an issue we need not and do not decide here—we find Lykes to be distinguishable because the former judge in that case “resigned.” Id. at 420. Rule 18 expressly permits a successor judge to determine undisposed motions when the predecessor judge “resigns.” Here, rule 18 does not apply because Judge Lowy did not die, resign, or become unable to hold court. See, e.g., In re J.D.H., No. 05-14-00504-CV, 2016 WL 3946822, at *6 (Tex. App.—Dallas July 18, 2016, no pet.) (mem. op.) (<HOLDING>). Instead, Judge Lowy vacated his seat because Options: A. holding that rule 18 granted a successor to a resigned judge the power to file findings when a case was transferred between districts B. holding that neither rule 18 nor section 30002 allowed the successor to an electoral loser to file findings when the transition did not happen during the period in which the trial court was obligated to file findings C. holding that rule 18 grants authority to some successor judges to file findings D. holding that rule 18 granted a successor to a deceased judge the power to file findings E. holding that not even the successor to a retiring judge may file findings because retirement is not listed in rule 18 and has a statutorily distinct meaning from resignation

assistant: The best answer is E. holding that not even the successor to a retiring judge may file findings because retirement is not listed in rule 18 and has a statutorily distinct meaning from resignation
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 and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall be deemed given and effective on the earliest of (a) the date of transmission, if such notice or communication is delivered via email at the email address set forth on the signature pages attached hereto or facsimile at the facsimile number set forth on the signature pages attached hereto prior to 5:30 p.m. (New Pittsburgh, PA time) on a Trading Day, (b) the next Trading Day after the date of transmission, if such notice or communication is delivered via email at the email address set forth on the signature pages attached hereto or facsimile at the facsimile number set forth on the signature pages attached hereto on a day that is not a Trading Day or later than 5:30 p.m. (Pittsburgh, PA time) on any Trading Day, (c) the second (2 nd ) Trading Day following the date of mailing, if sent by U.S. nationally recognized overnight courier service, or (d) upon actual receipt by the party to whom such notice is required to be given. The address for such notices and communications shall be as set forth on the signature pages attached hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: we agree that to impose a duty in this case “would be to stretch the concept of foreseeability too far,” as GSK cannot reasonably expect that consumers will rely on information they provide when actually ingesting another company’s drug. Foster, 29 F.3d at 171. Also, we agree that unfair consequences would result if we were to impose a duty upon GSK, when it obtained no benefit from the sale of Apotex’s generic equivalent and had no control over the manufacturing or labeling of paroxetine hydrochloride, yet it bore the expense of developing Paxil from which Apotex materially benefits. Id. at 170. To the extent that Pennsylvania law on the existence of duty requires the additional consideration of public policy, this does not advance Plaintiffs claims against GS 220 (1971) (<HOLDING>) (emphasis added). In addition to evincing Options: A. holding that in a redistricting case the legislature has the initial responsibility to act but in the event the legislature fails to act the responsibility shifts to the state judiciary B. holding manufacturers generalized knowledge of concerns insufficient to meet ucc notice requirement C. holding pharmaceutical manufacturers to a high degree of responsibility D. holding that where the defendant pleaded guilty subsequently denied his guilt and attempted to withdraw his plea and then attempted to minimize the significance of his statements at sentencing by averring that he accepted responsibility for the amount that me and the government have agreed to and offering a statement accepting responsibility were insufficient to demonstrate acceptance of responsibility E. recognizing under illinois law that pharmaceutical manufacturer has duty to warn of any dangers associated with offlabel use of product if such dangers were reasonably known

assistant: The best answer is C. holding pharmaceutical manufacturers to a high degree of responsibility
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 section and article headings contained in this Agreement are inserted for convenience of reference only and will not affect the meaning or interpretation of this Agreement. All references to Sections, Articles, Schedules or Exhibits contained herein mean Sections, Articles, Schedules or Exhibits of this Agreement unless otherwise stated.

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 case excerpt and choose the best holding from the options. Case excerpt: 1201, 163 L.Ed.2d 1059 (2006) (per curiam; quotation omitted). As the Supreme Court has recently explained, the doctrine does not apply to parallel state and federal litigation. See id. at 1201, 126 S.Ct. 1198. More specifically, it does not deprive lower federal courts of jurisdiction if the federal court suit was filed before the end of the state court’s appeal process. Guttman, 446 F.3d at 1031-32 (citing Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 290-91, 125 S.Ct. 1517, 161 L.Ed.2d 454 (2005)). At the time Buck filed this case, there is no indication that the Utah courts had yet reached a final judgment in either his criminal case or his parallel civil litigation. Therefore, a dismissal under Rooker-Feldman would be inappropriate. See Guttman, 446 F.3d at 1032 (<HOLDING>). 2. Younger Abstention Alternatively, the Options: A. holding that plaintiff who filed suit in federal court could not later file a declaratory judgment petition in state court making allegations substantially similar to those made in federal court and seeking resolution of primarily the same issues B. holding that rookerfeldman doctrine bars federal determination of claim where the district court must hold that the state court was wrong in order to find in favor of the plaintiff C. holding that the federal claims which arose from state court criminal contempt proceedings were inextricably intertwined with the state court action and thus the federal district court lacked subject matter jurisdiction over the claims pursuant to the rookerfeldman doctrine D. holding that federal district court had subject matter jurisdiction to hear case notwithstanding rookerfeldman doctrine where plaintiff filed federal suit while certiorari petition to new mexico supreme court was pending in similar state court action E. recognizing that pleadings filed in federal court while the federal court has jurisdiction become part of the state court record on remand

assistant: The best answer is D. holding that federal district court had subject matter jurisdiction to hear case notwithstanding rookerfeldman doctrine where plaintiff filed federal suit while certiorari petition to new mexico supreme court was pending in similar state court action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Company and each of its Restricted Subsidiaries owns or has the rights to use all patents, trademarks, service marks, trade names, copyrights and formulas, and other intellectual property, reasonably necessary for the conduct of their respective businesses as currently conducted and, to the knowledge of the Company, without any infringement, violation or misappropriation of the intellectual property rights of others, except such failure to own or have the right to use or such infringement, violation or misappropriation as (x) has not had (unless same has ceased to exist in all respects) and (y) is not reasonably likely to have, a Material Adverse Effect.

assistant: Intellectual Property
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: as evidence of guilt, "is at least a reliable method to eliminate a person as the unidentified speaker." Id. at 383, 522 A.2d 405; see also id. at 383 n. 5, 522 A.2d 405 ("Similarly, in State v. Prudden, 212 N.J.Super. 608, 617, 515 A.2d 1260 (App.Div.1986), the court, while rejecting the use of footprint techniques to identify a defendant, recognized that the techniques were nevertheless sufficiently reliable to exclude a person as the guilty party."). See generally Davis, supra, 96 N.J. at 621, 477 A.2d 308 ("We have recognized that standards of proof may vary depending upon the litigational context.") (citing Romano, supra, 96 N.J. 66, 474 A.2d 1; In re Polk License Revocation, 90 N.J. 550, 449 A.2d 7 (1982)); State v. Millett, 272 N.J.Super. 68, 98-99, 639 A.2d 352 (App.Div.1994) (<HOLDING>) (citing State v. Sturdivant, 31 N.J. 165, 179, Options: A. holding that evidence is sufficient to support a conviction if viewing the evidence in the light most favorable to the prosecution any rational trier of fact could have found the essential elements beyond a reasonable doubt B. holding that a reviewing court must determine whether viewing the evidence in the light most favorable to the prosecution any rational trier of fact could have found proof beyond a reasonable doubt of each of the essential elements of the crime charged C. recognizing that a criminal defendant may present evidence if the proof offered has a rational tendency to engender a reasonable doubt with respect to an essential feature of the states case D. holding that a verdict must be sustained against a sufficiency of the evidence challenge if any rational trier of fact could have found the essential elements of the charged crime beyond a reasonable doubt E. holding that proof of a criminal charge beyond a reasonable doubt is required by the constitution

assistant: The best answer is C. recognizing that a criminal defendant may present evidence if the proof offered has a rational tendency to engender a reasonable doubt with respect to an essential feature of the states case
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: District of New York seeking either an order of mandamus compelling the ATF to act on his application, or plenary review of his application by the district court. The defendants m s entitled to a writ of mandamus pursuant to 28 U.S.C. § 1361. Section 1361 provides in full: “The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.” This Court has held that a writ of mandamus may not be granted pursuant to § 1361 unless there is “a plainly defined and peremptory duty on the part of the defendant to do the act in question.” Anderson v. Bowen, 881 F.2d 1, 5 (2d Cir.1989); accord City of New York v. Heckler, 742 F.2d 729, 739 (2d Cir.1984) (<HOLDING>), aff'd on other grounds sub nom. Bowen v. City Options: A. holding that to grant a writ of mandamus a court in the exercise of its discretion must be satisfied that the writ is appropriate under the circumstances B. holding that a writ of mandamus will not issue under 1361 unless the defendant is under a clear nondiscretionary duty to perform the act requested C. recognizing the writ of mandamus may issue to correct a clear abuse of discretion or the failure to carry out a ministerial task D. recognizing that laches is a proper ground for refusing to issue a writ of mandamus E. holding that plaintiffs lack standing because the court cannot issue the requested writ of mandamus and thus cannot redress the alleged injury

assistant: The best answer is B. holding that a writ of mandamus will not issue under 1361 unless the defendant is under a clear nondiscretionary duty to perform the act requested
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterparts by either or all of the parties hereto, each of which counterparts shall be an original and all of which shall constitute a single agreement. Execution of this Agreement by facsimile shall be effective as an original execution thereof.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 392 U.S. 658 88 S.Ct. 2281 20 L.Ed.2d 1347 John T. HOPPER et al.v.LOUISIANA. No. 1291. Supreme Court of the United States October Term, 1967. June 17, 1968 Camille F. Gravel, Jr., for petitioners. Jack P. F. Gremillion, Atty. Gen. of Louisiana, William P. Schuler, Second Asst. Atty. Gen., Harry H. Howard, Asst. Atty. Gen., and Lawrence L. McNamara, for respondent. On Petition for Writ of Certiorari to the Supreme Court of Louisiana. PER CURIAM. 1 The petition for a writ of certiorari is granted and the judgment is vacated. The case is remanded to the Supreme Court of Louisiana for further consideration in light of Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476, and Roberts v. Russell, 392 U.S. 293, 88 S.Ct. 1921, 20 L.Ed.2d 1100. 2 Mr. Justice BLACK dissents. 3 Mr. Justice HARLAN and Mr. Justice WHITE dissent for the reasons stated in Mr. Justice White's dissenting opinion in Bruton v. United States, 391 U.S. 123, 138, 88 S.Ct. 1620, 1629, 20 L.Ed.2d 1100 (1968).

assistant: 1
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 Amendment may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but all of which shall constitute one and the same instrument. Delivery of an executed counterpart to this Amendment by telecopy or other electronic means shall be effective as delivery of a manually executed counterpart of this Amendment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has filed all Quarterly Reports on Form 10-Q and all Annual Reports on Form 10-K required to be filed by the Company under Section 13 or 15(d) of the Exchange Act for the two years preceding the date hereof (or such shorter period as the Company was required by law or regulation to file such material) (the foregoing materials, in addition to all schedules, forms, statements and other documents filed with the Commission for the two years preceding the date hereof, including the exhibits thereto and documents incorporated by reference therein, being collectively referred to herein as the “ SEC Reports ”) on a timely basis or has received a valid extension of such time of filing and has filed any such SEC Reports prior to the expiration of any such extension. As of their respective dates, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The financial statements of the Company included in the SEC Reports comply in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with generally accepted accounting principles (“ GAAP ”), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 8.4 if any license fees have been paid by the licensee for use of the service and the license is terminated by the licensor , the licensor shall recompense the licensee pro rata for his or her loss .

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: During the Advisory Period you shall receive a monthly payment equal to the quotient of (i) one (1) times the greater of (I) the sum of your Base Salary and Target Bonus as in effect as of immediately prior to execution of the Employment Agreement and (II) the sum of your Base Salary and Target Bonus as in effect immediately prior to your Separation divided by (ii) twelve (12).

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: the allegations. Modern Woodmen’s investigation stopped and Mrs. Jarvis was never contacted. Mr. Webb’s employment by Modern Woodmen finally ended in April 1989 for insufficient sales. In Syllabus Point 2, Harless v. First Nat’l. Bank in Fairmont, 169 W.Va. 673, 289 S.E.2d 692 (1982), we stated: “An agent or employee can be held personally liable for his own torts against third parties and this personal liability is independent of his agency or employee relationship. Of course, if he is acting within the scope of his employment, then his principal or employer may also be held liable.” Syllabus Point 3, Musgrove v. Hickory Inn, Inc., 168 W.Va. 65, 281 S.E.2d 499 (1981). See also, Syllabus Point 4, Hains v. Parkersburg, Marietta & Interurban Ry. Co., 75 W.Va. 613, 84 S.E. 923 (1915) (<HOLDING>); Syllabus Point 4, Ricketts v. Chesapeake & 0. Options: A. holding unconstitutional a prior version of rc 231521 which provided that the court not the jury would determine the amount of punitive or exemplary damages B. holding the eighth amendment inapplicable to an award of exemplary damages C. holding if a servants negligence is wanton and willful or malicious the master is liable for exemplary or punitive damages D. holding that an insurer is not liable for punitive damages by its refusal to pay a claim unless such refusal is accompanied by a malicious intent to injure or defraud E. recognizing that recklessness or even gross negligence is insufficient to support punitive damages

assistant: The best answer is C. holding if a servants negligence is wanton and willful or malicious the master is liable for exemplary or punitive damages
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 execution and delivery by each Credit Party of this Amendment and the performance by each Credit Party of this Amendment, the Amended Credit Agreement and the other Credit Documents do not and will not (a) except as could not reasonably be expected to result in a Material Adverse Effect, violate (i) any provision of any law or any governmental rule or regulation applicable to Holdings or any of its Subsidiaries or (ii) any order, judgment or decree of any court or other agency of government binding on Holdings or any of its Subsidiaries; (b) except as could not reasonably be expected to result in a Material Adverse Effect, conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any Contractual Obligation of Holdings or any of its Subsidiaries; (c) violate any of the Organizational Documents of Holdings or any of its Subsidiaries, (d) result in or require the creation or imposition of any Lien upon any of the properties or assets of Holdings or any of its Subsidiaries (other than any Liens created under any of the Credit Documents in favor of Collateral Agent, on behalf of the Secured Parties and any Liens created under any Additional Facility Credit Documents in favor of the ABL Agent or any Alternative Facility Agent, as the case may be); or (e) require any approval of stockholders, members or partners or any approval or consent of any Person under any Contractual Obligation of Holdings or any of its Subsidiaries, except for such approvals or consents which will be obtained on or before the Fourth Amendment Effective Date.

assistant: No Conflicts
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 Employment Agreement may be assigned, without the consent of the Executive, by the Company to any of its affiliates, or to any other person, partnership, Company, or other entity which has purchased substantially all the assets of the Company, provided such assignee assumes all the liabilities of the Company hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for the filing of the Company’s Listing of Additional Shares Application with the Principal Market, the Company is not required to obtain any consent from, authorization or order of, or make any filing or registration with (other than the filing with the SEC of the Prospectus Supplement and any other filings as may be required by any state securities agencies), any court, governmental agency or any regulatory or self-regulatory agency or any other Person in order for it to execute, deliver or perform any of its obligations under, or contemplated by, the Transaction Documents, in each case, in accordance with the terms hereof or thereof. All consents, authorizations, orders, filings and registrations which the Company is required to obtain at or prior to the Closing have been obtained or effected on or prior to the Closing Date, and neither the Company nor any of its Subsidiaries are aware of any facts or circumstances which might prevent the Company from obtaining or effecting any of the registration, application or filings contemplated by the Transaction Documents. The Company is not in violation of the requirements of the Principal Market and has no knowledge of any facts or circumstances which could reasonably lead to delisting or suspension of the Common Stock in the foreseeable future.

assistant: Consents
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: his request for a jury shuffle. Appellant contends his substantial rights have been affected and that he is entitled to a new trial. A defendant has an absolute right to a shuffle of the jury panel. Tex. Code CRIm. PRoc. Ann. art. 35.11 (Vernon Supp.2002); Jones v. State, 833 S.W.2d 146, 147 (Tex.Crim.App.1992). The motion for a jury shuffle must be made before voir dire begins. Williams v. State, 719 S.W.2d 573, 577 (Tex.Crim.App.1986) (en banc). Voir dire generally begins when the trial court recognizes the State as having started the examination. Id., In Davis, the Texas Court of Criminal Appeals modified Williams in holding that in capital felony cases, voir dire begins when the trial court begins its examination of the panel. Davis v. State, 782 S.W.2d 211, 216 (Tex.Crim.App.1989) (<HOLDING>). The Davis court, while recognizing the role Options: A. holding that the extent to which parties may examine prospective jurors on voir dire lies within the trial judges discretion B. holding that defendants have a right to be present at voir dire C. holding that the legislature intended the trial court to be more involved in the voir dire procedure in capital felony cases D. holding that appellant failed to meet his burden of showing that the trial court violated his right to a public trial by sealing jury questionnaires used in open court during voir dire E. holding that the jurors failure to remember particular facts inquired about on voir dire and the jurors misunderstanding of voir dire questions do not constitute probable prejudice

assistant: The best answer is C. holding that the legislature intended the trial court to be more involved in the voir dire procedure in capital felony cases
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: neither you nor zynga nor any member of the zynga corporate family can bring a claim as a plaintiff or class member in a class action , consolidated action or representative action .

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: All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and shall be deemed to have been given: (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile or email (with confirmation of transmission) if sent during normal business hours of the Goff Parties, and on the next business day if sent after normal business hours of the Goff Parties; or (d) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective parties at the addresses set forth in this Section 10 (or to such other address that may be designated by a Party from time to time in accordance with this Section 10 ).

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: If any term, provision, covenant or restriction contained in this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against its regulatory policy, the remainder of the terms, provisions, covenants and restrictions contained in this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and this Agreement shall be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable term, provision, covenant or restriction or any portion thereof had never been contained herein. Upon such a determination, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties hereto as closely as possible in a reasonably acceptable manner in order that the transactions contemplated hereby may be consummated as originally contemplated to the fullest extent possible.

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: This Agreement may be executed in one or more counterparts, each of which, when executed and sent to the other Party, shall be deemed an original, and all of which together shall constitute one and the same instrument. Delivery of an executed counterpart of this Agreement by facsimile or other electronic image scan transmission shall be as effective as delivery of a manually executed counterpart of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: indictment. BANKRUPTCY DISCHARGE Pepper contends that the district court could not order restitution as part of his sentence because the debts of some of the people that were to be compensated had been discharged in bankruptcy. We disagree. Generally, a bankruptcy proceeding and a criminal prosecution are fundamentally different proceedings, both in purpose and procedure, and the causes of action resolved by each are totally different. United States v. Tatum, 943 F.2d 370, 381 (4th Cir.1991). The pursuit of one proceeding will seldom resolve the other. Id. at 381-82. As such, we do not believe that a bankruptcy discharge has any effect on the district court’s power to order restitution in a criminal case. See Kelly v. Robinson, 479 U.S. 36, 50, 107 S.Ct. 353, 361, 93 L.Ed.2d 216 (1986) (<HOLDING>). In United States v. Carson, 669 F.2d 216 (5th Options: A. holding that retaliatory discharge is a clearly established first amendment violation B. holding the broad jurisdictional grant given the bankruptcy courts under the 1978 bankruptcy act unconstitutional C. holding that under the established law that bankruptcy courts could not discharge criminal judgments D. holding that 28 usc 1961a applies to bankruptcy court judgments because a bankruptcy court is a unit of the district court E. holding that the bankruptcy courts as compared to state courts have exclusive jurisdiction to determine issues of dischargeability under the bankruptcy code

assistant: The best answer is C. holding that under the established law that bankruptcy courts could not discharge criminal judgments
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: preme Court stated in Harper & Row, “[t]he crux of the profit/nonprofit distinction is not whether the sole motive of the use is monetary gain but whether the user stands to profit from exploitation of the copyrighted material without paying the customary price.” Harper & Row, 471 U.S. at 562, 105 S.Ct. 2218. Under this definition, defendant’s works were unquestionably created for “commercial purposes.” (See Def.’s Br. [48] at 10.) The “for-profit status” of defendant’s works weighs against a finding of fair use. Suntrust Bank, 268 F.3d at 1269. Another consideration relevant to the purpose and character analysis is the extent to which defendant’s use of the copyrighted elements of the SCQuARE Manual is “transformative.” Id. A work is “transformative” when it “adds something new, 1164 (<HOLDING>). The works at issue in this case are not Options: A. holding that the failure to place a dollar value on a possible decrease in property value was not unreasonable B. holding that liquidation refers to the money value of a claim C. holding the aggregate value of the land and its improvements is the controlling value D. recognizing that parody has an obvious claim to transformative value E. holding determination of property value in case to decide if assessed value was excessive is not a liquidated demand where only evidence of property value was the conclusory allegation of value in plaintiffs unsworn petition

assistant: The best answer is D. recognizing that parody has an obvious claim to transformative value
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: 604 F.2d 326, 334-36 (5th Cir.1979) (no agreement to import munitions without a license where parties “just discussed how [they] could possibly do it”); Steinberg, 525 F.2d at 1134 (no conspiracy where defendant’s statements regarding agreement were “equivocal”). There need not be a specific agreement as to price, quantity, and time, place and manner of delivery. See United States v. Sharif, 817 F.2d 1375, 1378 (9th Cir.1987). But there must be an agreement to commit some offense. No such agreement exists if the parties to the alleged conspiracy raise objections and impose unaccepted preconditions on their agreement. See Sharif, 817 F.2d at 1378; United States v. Jones, 765 F.2d 996, 1002 (11th Cir.1985); see also United States v. Podolsky, 798 F.2d 177, 178 (7th Cir.1986) (<HOLDING>). Iennaco imposed the unaccepted precondition Options: A. holding that unaccepted precondition to agreement would have defeated conspiracy but upholding conspiracy conviction based on district courts finding that agreement existed although performance was subject to certain conditions B. holding that the notion of enterprise conspiracy has largely rendered the old distinction between single conspiracy and multiple conspiracy irrelevant to rico conspiracy charges C. holding that evidence tending to show knowing participation in the conspiracy is sufficient to sustain conspiracy conviction D. holding that two conspiracies existed where the members of the second conspiracy did not know about the first conspiracy did not benefit from the first conspiracy and were connected with the first conspiracy only through a middleman E. holding that in a conspiracy case venue lies where the conspiracy agreement was formed or in any jurisdiction where an overt act in furtherance of the conspiracy was committed by any of the conspirators

assistant: The best answer is A. holding that unaccepted precondition to agreement would have defeated conspiracy but upholding conspiracy conviction based on district courts finding that agreement existed although performance was subject to certain conditions
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: An exercisable Option or Stock Appreciation Right may be exercised in whole or in part. However, an Option or Stock Appreciation Right shall not be exercisable with respect to fractional shares and the Administrator may require that, by the terms of the Option or Stock Appreciation Right, a partial exercise must be with respect to a minimum number of Shares. Payment of the amounts payable with respect to Stock Appreciation Rights pursuant to this Article 7 shall be in cash, Shares (based on its Fair Market Value as of the date the Stock Appreciation Right is exercised), or a combination of both, as determined by the Administrator.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and, all of which taken together shall constitute one and the same Agreement. In the event that any signature is delivered by facsimile or electronic mail transmission, such signature shall create a valid binding obligation of the party executing (or on whose behalf such signature is executed) the same with the same force and effect as if such facsimile signature were the original thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: him. Defendant indicated that he used the substances found along with the bag “to get high” and that he had illegally secured the substances from friends and over the Internet. This evidence, when viewed in the light most favorable to the prosecution, was sufficient to support a finding of guilt with respect to each element of the charged offense. See Gillis, 474 Mich at 113. V THE TRIAL COURT PROPERLY REJECTED DEFENDANT’S PROPOSED SPECIAL JURY INSTRUCTION Defendant was not entitled to a special jury instruction regarding the MCL 333.7227(1) exclusion from the definition of a “controlled substance.” As this exception is not an element of the charged possession offense, defendant was not constitutionally entitled to have the instruction presented to the jury. Kowalski, 489 Mich at 501 (<HOLDING>). Although not a constitutional mandate, our Options: A. holding that the constitutional guarantee of a right to trial by jury includes the right to a complete and correct charge of the law so that each issue of fact raised by the evidence will be submitted to the jury on proper instructions B. holding defendant by pleading guilty admits all essential elements of offense charged C. holding that a jury instruction directing the verdict on one element deprived defendant of the right to a jury determination on every element of the charged offense and thus constituted structural error D. holding that protection of a defendants constitutional right to be convicted only after a jurys consideration of every essential element of the charged offense demands that the jury be given proper instructions regarding all elements of the crime E. holdingthat an error in instructing the jury that an offense could be committed by a statutory method not charged in the indictment is cured where the court provides the jury with the indictment and instructs jurors that the burden of proof rests upon the state to prove every material allegation of the indictment and every essential element of the crime charged beyond a reasonable doubt citation omitted

assistant: The best answer is D. holding that protection of a defendants constitutional right to be convicted only after a jurys consideration of every essential element of the charged offense demands that the jury be given proper instructions regarding all elements of the crime
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 one or more of the provisions contained in this Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and therein, to the fullest extent permitted by applicable law, shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: district court concluded on the basis of these facts that Carmichael had reasonable suspicion to stop Estrada-Nava and Colin for lane straddling because “[a] common sense definition of lane straddling ... includes a situation in which a 3291, at *2 (D.Neb. May 26, 2000) (interpreting a similar Nebraska statute and concluding that touching, but not crossing, the broken line between two southbound lanes twice in a half mile did not violate the statute’s “near as practicable” requirement), aff'd, 262 F.3d 751 (8th Cir.2001); Rowe v. State of Maryland, 363 Md. 424, 769 A.2d 879, 889 (2001) (concluding that “momentary crossing of the edge line of the roadway and later touching of that line” was not reasonable suspicion to justify traffic stop); State v. Caron, 534 A.2d 978, 979 (Me.1987) (<HOLDING>); State v. Tarvin, 972 S.W.2d 910, 912 (1998) Options: A. holding there was no reasonable suspicion which would justify an investigatory stop despite report of a domestic disturbance B. holding that single brief straddling of the center line of the undivided highway with no oncoming traffic in sight and no vehicles passing on the left did not give rise to an objectively reasonable suspicion of intoxication or fatigue C. holding that a tip may provide the reasonable suspicion necessary to justify an investigatory stop D. holding that an officers reasonable mistake of law can give rise to the reasonable suspicion necessary to justify a traffic stop under the fourth amendment E. holding that there was not reasonable suspicion to justify a stop because a vehicles one time straddling of the center line of an undivided highway is a common occurrence

assistant: The best answer is E. holding that there was not reasonable suspicion to justify a stop because a vehicles one time straddling of the center line of an undivided highway is a common occurrence
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 is binding upon and inures to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns. Lender may assign its rights hereunder without prior permission from the Company.

assistant: Binding Effects