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: were violated, nor that the trial court properly granted his motion to dismiss on constitutional grounds. I. Criminal Rule 4(C) I differ from the majority regarding its attribution of several periods of time to the Rule 4(C) clock rather than to Larkin. First, white I fully agree with the majority’s analysis that the time in which the interlocutory appeal for Larkin I was pending was attributable to Larkin, I conclude that time did not expire until the clerk of this court certified our decision as final on November 20, 2015. Indiana Appellate Rule 65(E) states in part: The -Clerk, shall certify the opinion. or memorandum decision to the trial, court or Administrative Agency only after the time for. all Petitions for Rehearing, Transfer,, or Review .has expired,, unl nd. Ct. App, 2003) (<HOLDING>). I concede that our supreme court in recent Options: A. holding trial courts action in resentencing defendant following remand on appeal before appellate decision was certified as final was premature and should be considered as a nullity B. holding that issue of costs and fees to be imposed based on wrongful issuance of injunction was not ripe until appellate decision was certified as final C. holding that appeal from a decision of the attorney general denying legal representation was before the appellate division as of right to review the final decision of a state officer D. holding that on direct appeal appellate court may remand for resentencing of all counts E. holding trial court was permitted to rule on child support modification request filed before appeal was certified as final but that effective date of modification could be no earlier than when indiana supreme court denied transfer on appeal and trial court reobtained jurisdiction

assistant: The best answer is A. holding trial courts action in resentencing defendant following remand on appeal before appellate decision was certified as final was premature and should be considered as a nullity
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: Last, WJAC argues that a juror’s right to personal privacy, alone, is not a significant governmental interest necessitating the prohibition in question. In our view, WJAC has ignored the extraordinary effects of cameras on judicial proceedings. The United States Supreme Court has held that the First and Fourteenth Amendments to the United States Constitu tion protect the right of the press and the public to attend criminal trial proceedings. See Press-Enterprise Co. v. Superior Court of Cal., 464 U.S. 501, 104 S.Ct. 819, 78 L.Ed.2d 629 (1984); Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 102 S.Ct. 2613, 73 L.Ed.2d 248 (1982); Richmond, supra; U.S. Const. amend. I; U.S. Const. amend XIV, § 1; see also Commonwealth v. Fenstermaker, 515 Pa. 501, 504 n. 1, 530 A.2d 414, 416 (1987) (<HOLDING>). This right, however, is not unqualified. The Options: A. holding under indiana code section 313262 that the juvenile court erred in releasing the transcript of a confidential proceeding to news media B. holding that access rights of the news media and of the general public are identical in scope C. recognizing that incidents in which inmates have obtained drugs weapons and other contraband are welldocumented in case law and regularly receive the attention of the news media D. holding that media members had no constitutional right of access to tapes E. holding that representatives of the news media have the standing to contest a court order restricting public access to legal proceedings

assistant: The best answer is B. holding that access rights of the news media and of the general public are identical in scope
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 constitutes the entire agreement of the Parties with regard to its subject matter, and supersedes all previous written or oral representations, agreements and understandings between Annapurna and Cornell with respect to its subject matter.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Buyer and its representatives shall hold in confidence all data and information relating to the Business (including the Assets), the Sellers or their businesses, whether obtained before or after the execution and delivery of this Agreement pursuant to the Confidentiality Agreement, which is incorporated herein and which the Buyer hereby reaffirms. Notwithstanding anything to the contrary contained in this Agreement, in the event of a breach or threatened breach by the Buyer or its representatives of this Section 7.3 , the Seller shall be entitled to all remedies set forth in the Confidentiality Agreement. The provisions of this Section 7.3 shall survive any termination of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: find that because of the need for officer and public safety and the need to preserve evidence, there existed ample justification to conduct this search. d. The Place in Which it is Conducted Finally, we turn to the last Bell factor and consider the location in which the police conducted the search. Of all the factors considered thus far, we find this factor most troubling, yet ultimately conclude that it was reasonable under the circumstances. See Polk v. Montgomery Co., 782 F.2d 1196, 1201-62 (4th Cir.1986) (whether the strip search was conducted in private is especially relevant in determining whether a strip s 4) (finding unconstitutional “routine strip searches in a public area of persons detained for minor traffic offenses”); United States v. Ford, 232 F.Supp.2d 625 (E.D.Va.2002) (<HOLDING>). We do not have that here. Here, while it is Options: A. holding that strip search incident to arrest was not per se unreasonable but holding that search was performed in an unreasonable manner when conducted in view of the public B. holding that contraband would have been inevitably discovered where agents conducted a warrantless search while obtaining a search warrant and later conducted a second legal search in which agents discovered contraband C. holding search unreasonable when conducted on the highway in broad day light D. holding searches conducted without a warrant based on probable cause are presumptively unreasonable E. holding unconstitutional the administrative search of personal belongings conducted in that case

assistant: The best answer is C. holding search unreasonable when conducted on the highway in broad day light
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, its successors, and assigns may in their sole discretion assign this Agreement to any person or entity, with or without Executive’s consent, provided , however , that the Company Group shall remain liable for all compensation obligations to Executive under this Agreement. This Agreement thereafter shall bind, and inure to the benefit of, the Company’s successor or assign. Executive shall not assign either this Agreement or any right or obligation arising thereunder.

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 case excerpt and choose the best holding from the options. Case excerpt: than December 18, 2000. Because notice was received by December 18, 2000, any jury damages for breach of contract after the expiration of the thirty-day notice period on January 17, 2001 are not supported by legally sufficient evidence. The portion of the jury damages award relating to the period from January 18 until January 31, 2001 should, therefore, be vacated. Finally, Rollins claims that the jury damage awards are unsupported by legally sufficient evidence. State substantive law governs the measure of damages in this breach of contract diversity case. Kona Tech. Corp. v. Southern Pac. Transp. Co., 225 F.3d 595, 601-02 (5th Cir.2000) (citing Erie R.R. v. Tompkins, 304 U.S. 64, 78-79, 58 S.Ct. 817, 82 L.Ed. 1188 (1938)). Neither party di 7, 329 (Tex.Civ.App.Austin 1972, no writ) (<HOLDING>). The burden is on the plaintiff to provide Options: A. holding that a contract must entitle the plaintiff to money damages in the event of the governments breach of that contract B. holding that a construction contractor is entitled to recover profits upon breach of a partially performed contract but not the same amount as if the contract were completed because that amount must be reduced by the cost of completion C. 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 D. holding that one method of computing damages for a breach of contract is the contract price less the reasonable cost of completion E. holding that the measure of damages for the breach of a contract of sale where no fraud is shown is the difference between the contract price and the market price of the goods on the date of the breach

assistant: The best answer is D. holding that one method of computing damages for a breach of contract is the contract price less the reasonable cost of completion
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 multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute but a single instrument. The exchange of copies of this Agreement and of signature pages by facsimile or PDF transmission shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of an original of this Agreement for all purposes. Signatures of the Parties transmitted by facsimile or PDF transmission shall be deemed to be their original signatures for all purposes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed by the parties hereto in several counterparts, each of which shall be deemed to be an original and all of which shall constitute together but one and the same agreement. Facsimile or other electronic signature pages shall be as effective as originals.

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: 389 U.S. 80 88 S.Ct. 253 19 L.Ed.2d 255 Sam UMANS, petitioner,v.UNITED STATES. No. 41. Supreme Court of the United States October Term, 1967. November 6, 1967 Rehearing Denied Dec. 18, 1967. See 389 U.S. 1025, 88 S.Ct. 583. Edward Brodsky, New York City, for petitioner. Sidney M. Glazer, for respondent. On Writ of Certiorari to the United States Court of Appeals for the Second Circuit. PER CURIAM. 1 The writ of certiorari is dismissed as improvidently granted. 2 Mr. Justice HARLAN would affirm the judgment of the Court of Appeals substantially for the reasons stated in Judge Waterman's opinion for that court in United States v. Umans, 2 Cir., 368 F.2d 725. 3 Mr. Justice MARSHALL took no part in the consideration or decision of this case.

assistant: 9
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 one of the parties changes the basic assumptions of the contract such that it may be excused under the doctrine of impracticability. To hold otherwise would not fulfill the likely understanding of the parties as to the apportionment of risk under the contract.” (citation omitted)). Moreover, while the occurrence of a market slump cannot be Seaboard’s fault, no impossibility defense will lie where the “language or the circumstances” indicate allocation of the risk to the party seeking discharge. Winstar Corp., 518 U.S. at 908, 116 S.Ct. 2432 (quoting Restatement (Second) of Contracts § 261). Because Seaboard entered into a fixed-price contract, it carried the risk that the market would slump. Tangfeldt Wood Prods., Inc. v. United States, 733 F.2d 1574, 1577-78 (Fed.Cir.1984) (<HOLDING>). Therefore, because the non-occurrence of a Options: A. holding that a plaintiff claiming monopolization is obligated to establish the relevant market because the power to control prices or exclude competition only makes sense with reference to a particular market B. holding in part that the liability insurance company of the subcontractor which had named the general contractor as an additional insured on the subcontractors policy was liable to reimburse the general contractor for a settlement payment the general contractor had made to the subcontractors employee C. holding that values obtained using a former version of schedule u5 were deficient because the assessor failed to consider market information about the prices of new and used equipment in the taxpayers industry D. holding that high prices with no showing of restricted output failed to establish monopoly power E. holding that timber contractor bore the general risk of changing market prices and could not be deemed compelled to defer removal simply by the fact of low prices

assistant: The best answer is E. holding that timber contractor bore the general risk of changing market prices and could not be deemed compelled to defer removal simply by the fact of low prices
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Other than its holding of 100% of the issued and outstanding shares of Altimmune U.K. Ltd, and Altimmune France S.A., the Company does not currently own or control, directly or indirectly, any interest in any other corporation, partnership, trust, joint venture, limited liability company, association, or other business entity. The Company is not a participant in any joint venture, partnership or similar arrangement.

assistant: Subsidiaries
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 proceeds of the Term Loans shall be utilized, together with cash on hand, (i) to effect the 2023 Secured Notes Redemption and (ii) to pay fees and expenses incurred in connection with this Agreement and the 2023 Secured Notes Redemption (including, without limitation, any call and tender premiums).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of the Lease for Third and Fourth Floors Ascend Premises shall commence on the Third and Fourth Floors Ascend Premises Commencement Date and shall expire on the Lease Expiration Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower will not, and will not permit any other Loan Party to, enter into any transaction, including any purchase, sale, lease or exchange of Property or the rendering of any service, with any Affiliate unless such transactions are otherwise permitted under this Agreement and are upon fair and reasonable terms no less favorable to it than it would obtain in a comparable arm’s length transaction with a Person not an Affiliate; provided that the foregoing shall not apply to (a) transactions among the Borrower or its Affiliates, on the one hand, and any holder of preferred Equity Interest or Person affiliated therewith, on the other hand, in connection with the Series B Preferred Equity Issuance, the Second Lien Notes or the Second Lien Documents, (b) transactions among the Borrower and its Affiliates entered into in connection with the Business Combination Transaction, including the Crude Oil Gathering Agreement, the Gas Gathering Agreement, the Transition Services Agreement and the Contribution Agreement (in each case as defined in the Business Combination Agreement), (b) transactions between Borrower or its Affiliates with RRI or its Affiliates for financial advisory, underwriting, capital raising, and other services, (c) transactions between Borrower and Loan Parties and (d) any transactions pursuant to the Tax Receivable Agreement.

assistant: Transactions With Affiliates
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: mixed ethnic background. The IJ denied relief after finding Kedei not to be credible. We deny the petition for review because the IJ’s adverse credibility finding is supported by substantial evidence. See Wang v. INS, 352 F.3d 1250, 1253 (9th Cir.2003). Kedei checked “No” on his asylum application when asked if he had been mistreated by a group the Fijian government was unable or unwilling to control, and, as bases for his asylum claim, he cited only th , he checked that he is fluent in English and later testified in English, and the differences between his application and oral testimony go to the heart of his claim. Accordingly, we hold that the IJ’s adverse credibility finding is supported by substantial evidence. See Valderrama v. INS, 260 F.3d 1083, 1085 (9th Cir.2001) (per curiam) (<HOLDING>); see also Ceballos-Castillo v. INS, 904 F.2d Options: A. holding that substantial evidence supported an adverse credibility finding where inter alia the petitioners claimed guerrilla persecution on their asylum applications but later claimed government persecution B. holding that omissions in petitioners asylum application which go to the heart of the claim support adverse credibility finding C. holding that the failure to list two collateral incidents on an asylum application did not provide substantial evidence for an adverse credibility finding D. holding when one identified ground for an adverse credibility determination is supported by substantial evidence and goes to the heart of petitioners claim of persecution the court is bound to accept the ijs adverse credibility determination E. holding that substantial evidence supported an adverse credibility finding where the petitioners two asylum applications differed significantly regarding past persecution

assistant: The best answer is E. holding that substantial evidence supported an adverse credibility finding where the petitioners two asylum applications differed significantly regarding past persecution
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: downloading , copying , or storing any content for other than personal , noncommercial use is expressly prohibited without prior written permission from 9gag , inc , or from the copyright holder identified in such content 's copyright notice .

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: In accordance with the tax laws, regulations, official pronouncements and practices of each tax jurisdiction, the Borrower and each of its Subsidiaries have filed or are in the process of filing all Federal, state and other tax returns and reports required to be filed, and have paid or will pay, before the same shall become in default, all Federal, state and other Taxes, except (a) those which are being contested or extended in good faith by appropriate proceedings diligently conducted and for which adequate reserves have been provided in accordance with GAAP or (b) where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. There is no proposed tax assessment against the Borrower or any Subsidiary thereof that could reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive agrees that he will not do or say anything that could reasonably be expected to disparage or impact negatively the name or reputation in the marketplace of the Company or any of its affiliates, employees, officers, directors, stockholders, members, principals or assigns. Nothing in this Section 6(b) shall preclude Executive from responding truthfully to any legal process or truthfully testifying in a legal or regulatory proceeding, provided that, to the extent permitted by law, Executive promptly informs the Company of any such obligation prior to participating in any such proceedings. The Company likewise agrees that it will not release any information or make any statements, and its officers and directors shall not do or say anything that could reasonably be expected to disparage or impact negatively the name or reputation in the marketplace of Executive. Nothing herein shall preclude the Company or any of its affiliates, employees, officers, directors, stockholders, members, principals or assigns from responding truthfully to any legal process or truthfully testifying in a legal or regulatory proceeding, provided that to the extent permitted by law, the Company will promptly inform Executive in advance if it has reason to believe such response or testimony will directly relate to Executive, or preclude the Company from complying with applicable disclosure requirements.

assistant: Non-Disparagement
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 a court of competent jurisdiction finds any term of this AGREEMENT invalid, illegal or unenforceable, that term will be curtailed, limited or deleted, but only to the extent necessary to remove the invalidity, illegality or unenforceability, and without in any way affecting or impairing the remaining terms.

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 shall not be construed against the party preparing it, and shall be construed without regard to the identity of the person who drafted it or the party who caused it to be drafted and shall be construed as if all Parties had jointly prepared this Agreement and it shall be deemed their joint work products, and each and every provision of this Agreement shall be construed as though all of the Parties hereto participated equally in the drafting hereof; and any uncertainty or ambiguity shall not be interpreted against any one party. As a result of the foregoing, any rule of construction that a document is to be construed against the drafting party shall not be applicable.

assistant: Construction
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: On the basis of the representations, warranties and agreements herein contained and subject to the terms and conditions hereof, the Seller hereby agrees to sell to the Purchaser, and the Purchaser agrees to purchase from the Seller, the Warrant.

assistant: Sales
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: benefits for the plan may n not adequately pursue relief on behalf of the ESOP. LaSalle also argues that plaintiff cannot alternatively plead so as to state claims for both damages arising from a breach of fiduciary duty and for denial of benefits. As stated above, plaintiff concedes that any claim for denial of benefits against LaSalle must be dismissed. LaSalle argues that count I should be dis missed anyway, so as to discourage artful pleading. The cases defendant relies on, however, stand only for the proposition that a plaintiff may not use a claim for breach of fiduciary duty to get around the ERISA statute if it is not otherwise eligible to file a claim for denial of benefits. See Coyne & Delany Co. v. Blue Cross & Blue Shield of Virginia, Inc., 102 F.3d 712 (4th Cir.1996) (<HOLDING>). Here, because plaintiffs are beneficiaries of Options: A. holding plaintiff may sue federal agents for money damages for violation of his constitutional rights B. holding that plaintiffs do not lose their right to sue for damages sustained within statute of limitations period by failing to sue on earlier incidents in timely manner C. holding that fiduciaries may not sue for benefits simply by using section 502a2 D. holding that plaintiffs lacked standing to sue E. holding that employers have standing to sue

assistant: The best answer is C. holding that fiduciaries may not sue for benefits simply by using section 502a2
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: Beginning on the Effective Date, the Company agrees to pay the Executive a base salary at the annual rate of Two Hundred Thirty Five Thousand Dollars ($235,000). All salary, bonus, or other compensation payable to the Executive shall be subject to the customary withholding, FICA, medical and other tax and other employment taxes and deductions as required by federal, state and local law with respect to compensation paid by an employer to an employee. The Board of Directors and any committees thereof shall perform an annual review of Executive’s salary based on a review of Executive’s performance of his duties and the Company’s other compensation policies.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: insofar as the services utilize components or functions operated or managed by third parties , onavo will not be liable for any form of liability , including , but not limited to any direct or indirect damage , pecuniary or otherwise , arising from the use of , reliance on , or in connection with , such third parties ' components and functions .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and notes that Deutsche Bank does not argue that Allstate took steps to verify that she could repay the loan. At the outset, it is plain that a complaint must be brought under the law in effect when the wrong that is complained of occurred. See, e.g., Velasquez v. HSBC Mortg. Servs., 2009 WL 2338852, at *4 (D.Nev. July 24, 2009) (dismissing unfair lending claim “because the home loan relating to the Property is not subject to NRS Chapter 598D as in effect at the time of the financing”). Inasmuch as Ridley entered into the loan and mortgage in May 2006, her claims, if any, arise under Section 598D.100(l)(b) as it was in effect on that date — -that is, the pre-amendment version of the Unfair Lending Practices Act. See Larson v. Homecomings Fin., 680 F.Supp.2d 1230, 1237 (D.Nev.2009) (<HOLDING>); Duncan v. Countrywide Home Loans, Inc., 2010 Options: A. holding that the court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute B. holding that the united states court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute C. holding that the statute plainly exempted all employees who were covered by the flsa before january 1 2007 D. recognizing that as of july 11 1994 contempt proceedings arising from civil actions are no longer governed by rule 333 ala rcrim p and instead are governed by rule 70a E. holding that claims arising from a june 2007 loan were governed by the preamendment statute

assistant: The best answer is E. holding that claims arising from a june 2007 loan were governed by the preamendment statute
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: envision that a district court may make preliminary findings of fact necessary to decide the questions of law presented by a pre-trial motion so long as the court’s findings on the motion do not invade the province of the ultimate finder of fact.” United States v. Jones, 542 F.2d 661, 664-65 (6th Cir.1976). See also 24 James Wm. Moore et al., Moore’s Federal Practice, § 612.07[1] (3rd ed.1997). Moreover, a district court must decide a pretrial motion prior to trial if deferring a decision would adversely affect a party’s right to appeal. See Fed.R.Crim.P. 12(e). A claim of an enforceable promise of immunity which prohibits a particular prosecution presents an issue to be decided by the court rather than the jury. See, e.g., United States v. McLaughlin, 957 F.2d 12, 16 (1st Cir.1992)(<HOLDING>); United States v. Rodman, 519 F.2d 1058, Options: A. holding that trial court did not err in refusing to give charge because plaintiff failed to demonstrate that his requested charge was tailored to the evidence B. holding that trial court did not err C. holding that the district court did not err in determining that inadvertent disclosure did not result in waiver D. holding that district court did not err in concluding after an evidentiary hearing that the immunity agreement between defendant and the government did not extend to the charge being prosecuted E. holding that the district court did not err by concluding that the bankruptcy court did not abuse its discretion in denying motion for continuance motion to withdraw and motion for reconsideration and rehearing

assistant: The best answer is D. holding that district court did not err in concluding after an evidentiary hearing that the immunity agreement between defendant and the government did not extend to the charge being prosecuted
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 acknowledges that he is knowingly and voluntarily waiving and releasing any rights he may have under the ADEA, and that the consideration given to him for the waiver and release in this Agreement is in addition to anything of value to which he was already entitled. Executive further acknowledges that he has been advised by this writing, as required by the ADEA and the Older Workers Benefit Protection Act, that: (a) his waiver and release does not apply to any rights or claims that may arise after the date he signs this Agreement; (b) he should consult with an attorney prior to signing this Agreement (although he may voluntarily decide not to do so); (c) he has twenty-one (21) days to consider this Agreement (although he may choose voluntarily to sign this Agreement sooner); (d) he has seven (7) days following the date he executes this Agreement to revoke this Agreement; (e) this Agreement will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth day after Executive signs this Agreement provided that he does not revoke it (the “ Agreement Effective Date ”). If Executive revokes this Agreement before the Agreement Effective Date, Executive will not be entitled to the Separation Benefits under this Agreement. Nothing in this Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by federal law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: From and after the date of this Agreement, upon the request of the Purchasers or the Company, the Company and each Purchaser shall execute and deliver such instruments, documents and other writings as may be reasonably necessary or desirable to confirm and carry out and to effectuate fully the intent and purposes of this Agreement and the Registration Rights Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Railroad Commission regulation by claiming that the regulation did not, as a matter of law, give rise to a duty in Coastal to Francis. In challenging Coastal’s right to prevail by summary judgment, Francis asserts that Coastal violated the Commission’s regulation and was, therefore, negligent per se. Negligence per se is a common-law doctrine that imposes a duty based on a penal statute, as opposed to the reasonably-prudent-person standard that applies to pure negligence claims. Reeder v. Daniel, 61 S.W.3d 359, 361-62 (Tex.2001); Smith v. Merritt, 940 S.W.2d 602, 607 (Tex.1997). Because Railroad Commission regulations are not penal statutes, they do not provide a basis for claims of negligence per se. See Entex v. Gonzalez, 94 S.W.3d 1, 8-9 (Tex.App.-Houston [14th Dist.] pet. denied) (<HOLDING>); Hicks v. Humble Oil & Ref. Co., 970 S.W.2d Options: A. holding railroad rate exempt from state regulation B. holding that violation of city ordinance does not constitute negligence per se C. holding hearing in chambers was not per se a violation of due process D. holding negligence per se not applicable to violation of railroad commission regulation E. holding that violation of state law was not a per se constitutional violation

assistant: The best answer is D. holding negligence per se not applicable to violation of railroad commission regulation
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 one or more of the provisions of this Option Agreement should, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provisions of this Option Agreement, and this Option Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

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: Other than as disclosed in the most recent 10-K filing of the Master Servicer, there are no actions, suits, investigations, criminal prosecutions, civil investigative demands, imposition of criminal or civil fines or penalties, claims, disputes or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Master Servicer, threatened against or affecting the Master Servicer or any of its Restricted Subsidiaries (i) that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (ii) as of the Closing Date, that involve this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of Buyer and Seller will, at the request of the other Party and at such other Party’s expense, promptly execute and deliver to such other Party all such further instruments, assignments, filings and other documents, and do all such things, as such other Party may reasonably request in connection with the carrying out and effectuating the Transaction Documents and the Transactions.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: bases: 1) Florida law does not regard conditions precedent as issues of contract formation; and 2) alleged conditions precedent that are not expressly adopted by the underlying contract are not appropriate for district court consideration. First, although Florida law permits an exception to the parol evidence rule in the context of a condition precedent, such an exception does not overturn the propriety of the district court’s order compelling arbitration. Florida law permits oral testimony to show that a written contract, while unconditional on its face, was delivered subject to a condition precedent. See Ketchian v. Concannon, 435 So.2d 39 tion for purposes of Granite Rock under Florida law. See Victor v. Dean Witter Reynolds, Inc., 606 So.2d 681, 683 n. 5 (Fla. 5th DCA 1992) (<HOLDING>). Moreover, distinct from the nature of a Options: A. holding that the issue of whether contract which contained arbitration agreement was illegal should be properly decided by arbitrator not court B. holding that affirmative defenses are waived if not pled C. holding under both florida law and faa that factual affirmative defenses are properly decided by the arbitrator rather than the court D. recognizing that the statute of limitations provision of the aedpa is an affirmative defenses rather than jurisdictional E. holding defenses concerning the contract as a whole must be referred to ah arbitrator while defenses to the arbitration provision itself are considered by the court

assistant: The best answer is C. holding under both florida law and faa that factual affirmative defenses are properly decided by the arbitrator rather than the court
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: sitting by designation) (“[E]ven if [plaintiff] had undertaken the expense and difficulty of overcoming the manufacturing-capacity and inj ury-to-domestic-in-dustry hurdles, these showings only were relevant to instituting a section 337 action. Winning the action would require additional expense and legal effort.”). Furthermore, the Commission’s determinations in ’337 actions have no res judicata effect in an infringement action in district court. Id; see also Texas Instruments, Inc. v. Cypress Semiconductor Corp., 90 F.3d 1558, 1568 (Fed.Cir.1996) (stating that the ITC’s prior decision cannot have “claim preclusive effect”) (citing Bio-Technology General Corp. v. Genentech, Inc., 80 F.3d 1553 (Fed.Cir. 1996); Texas Instruments, Inc. v. Tessera, Inc., 192 F.R.D. 637 (C.D.Ca!.2000) (<HOLDING>)). Defendant contends that “Congress also Options: A. holding that the constitutional level of punitive damages is not a finding of fact that must be determined by the jury it may be determined de novo by the court B. recognizing this rule C. recognizing any issue of infringement determined by the itc does not bind this court or the parties D. holding that this court will not consider a theory or issue that was not pleaded or raised in the trial court E. recognizing that an injunction cannot bind parties who are not before this court

assistant: The best answer is C. recognizing any issue of infringement determined by the itc does not bind this court or the parties
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: Parent and Merger Sub will treat, and will cause their respective Affiliates, counsel, accountants and other advisors and representatives to treat, all nonpublic information obtained in connection with this Agreement and the Transactions as confidential in accordance with the terms of the Confidentiality Agreement. The terms of the Confidentiality Agreement are hereby incorporated by reference and will continue in full force and effect until the Closing , at which time such Confidentiality Agreement will terminate. If this Agreement is, for any reason, terminated prior to the Closing , the Confidentiality Agreement will continue in full force and effect as provided in Section 14.2 in accordance with its terms.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: may invite speculation as to whether the undisclosed evidence would have affected the outcome of the case, such speculation does not affect the ultimate question, that of the materiality of such evidence, and it certainly does not affect the duty that the State has to discharge the obligation imposed upon it by Brady. JUDGMENT OF THE COURT OF SPECIAL APPEALS AFFIRMED, WITH COSTS. 1 . Maryland Rule 4-263(g) provides: "(g) Obligations of State's Attorney. The obligations of the State’s Attorney under this Rule extend to material and information in the possession or control of the State’s Attorney and staff members and any others who have participated in the investigation or evaluation of the action and who either regularly report, or with reference to the particular action h 635 (2002) (<HOLDING>). 5 . We note that the original quote from Daye Options: A. holding regarding sixth amendment prejudice if there is no reasonable possibility that the appellate court would have ruled in his favor there can be no strickland prejudice B. holding that there was no prejudice when evidence complained of would have been admissible against defendant in separate trial C. holding that there is no sixth amendment right to jury sentencing D. holding that in defining the reasonable probability language in strickland with more precision substantial possibility describes the prejudice standard in strickland E. holding that an error is harmless if there is no reasonable possibility that it contributed to the conviction

assistant: The best answer is A. holding regarding sixth amendment prejudice if there is no reasonable possibility that the appellate court would have ruled in his favor there can be no strickland prejudice
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 psychological evaluation and home study, obtain documentation of their completion, and translate the results. CYFD also argues that it sought the Consulate’s assistance in using the Consulate’s mail system to facilitate Father’s communication with Child and that CYFD for nine months at the time CYFD moved for termination, and CYFD ended its contact with Father less than twelve months after CYFD took custody of Child. This time period expired well before the fifteen-month period of time-limited reunification services established by ASF A. We acknowledge “CYFD’s duty to expeditiously handle [termination] cases,” id., but its actions suggest that it did not properly assist Father in ameliorating the causes and conditions of Child’s neglect. See Natural Mother, 1981-NMCA-103, ¶ 14 (<HOLDING>). We therefore conclude that substantial Options: A. holding preparation and administration of service plan showed that department made reasonable efforts at reunification B. holding the bad faith rationale inapplicable given that the defendants acted in good faith in appealing the case and in raising defenses to the plaintiffs claims C. holding that the district court should consider the totality of the circumstances in determining whether the patentee acted in subjective bad faith and should consider whether circumstantial evidence would support an inference of bad faith D. holding that the human services department failed to make reasonable efforts and acted in bad faith when it disregarded the mothers efforts and rejected a favorable home study E. holding that in case where child was removed from mothers care and placed in the custody of the cabarrus county department of social services under north carolina law the reasonable efforts and best interest determinations are conclusions of law because they require the exercise of judgment

assistant: The best answer is D. holding that the human services department failed to make reasonable efforts and acted in bad faith when it disregarded the mothers efforts and rejected a favorable home study
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: If the Receiving Party is a company, the Receiving Party may disclose Confidential Information (i) to the Receiving Party's directors, officers and employees (collectively, "Representatives"), in each case only to the extent reasonably necessary for the Receiving Party's internal use and only after informing each Representative of the restrictions in this Agreement on the disclosure and use of the Confidential Information and that he or she must comply with such restrictions, and The Receiving Party may disclose CEII (i) only to its Representatives who have properly executed individual non-disclosure or confidentiality agreements in the course of their employment specifically pertaining to confidential information and CEII they receive in the course of their employment and

assistant: Yes