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: The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that neither the Borrower nor any other Loan Party may assign or otherwise transfer any of its rights or obligations hereunder or under any other Loan Document without the prior written consent of the Administrative Agent and each Lender, and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an Eligible Assignee in accordance with the provisions of the immediately following subsection (b), (ii) by way of participation in accordance with the provisions of the immediately following subsection (d) or (iii) by way of pledge or assignment of a security interest subject to the restrictions of the immediately following subsection (e) (and, subject to the last sentence of the immediately following subsection (b), any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in the immediately following subsection (d) and, to the extent expressly contemplated hereby, the Related Parties of the Administrative Agent and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

assistant: Successors
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 representations and warranties of the Company and the Investor made herein or in any certificates delivered in connection with the Closing shall not survive the Closing. Subject to applicable statute of limitations, the agreements and covenants contained herein shall survive the Closing and the delivery of the Exchange Shares.

assistant: Warranties
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: has been specifically pled in the complaint, the defendant may still overcome a motion for remand by showing through a preponderance of the evidence that the amount in controversy exceeds the statutory requisite. De Aguilar v. Boeing Co., 11 F.3d 55, 58 (5th Cir.1993). Removal “cannot be based simply upon conclusory allegations.” Felton v. Greyhound Lines, Inc., 324 F.3d 771, 774 (5th Cir.2003) (citing Allen, 63 F.3d at 1335). As the underlying complaint in this case does not request a specific amount of damages, that pleading must be further examined to determine if it is otherwise “facially apparent” that the requisite amount in controversy has been met. This analysis focuses on the nature of the damages alleged; See Simon v. Wal-Mart Stores, Inc., 193 F.3d 848, 851 (5th Cir.1999) (<HOLDING>). But see Luckett v. Delta Airlines, Inc., 171 Options: A. recognizing loss of consortium claims B. holding that damages comprising an injured shoulder bruises abrasions unidentified medical expenses and a loss of consortium did not satisfy the amount in controversy requirement C. holding that loss of consortium damages are not recoverable when the nonderivative claim did not result in physical injury D. recognizing cause of action for loss of consortium E. holding that wifes recovery for loss of consortium should not be reduced by the proportion of negligence attributable to husband because claim for loss of consortium is independent of the damages claim of the injured spouse

assistant: The best answer is B. holding that damages comprising an injured shoulder bruises abrasions unidentified medical expenses and a loss of consortium did not satisfy the amount in controversy requirement
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: (11th Cir. 1996). 107 . Fed. R. Civ. P. 23(b)(3). 108 . 7AA Wright, Miller & Kane, Federal Practice & Procedure § 1779 (3d ed.2005). 109 . Fed. R. Civ. P. 23(b)(3)(D). 110 . See, e.g., Andrews, 95 F.3d at 1024-25; Cas-taño, 84 F.3d at 741-44. 111 . See, e.g., In re Bridgestone/Firestone, Inc., 288 F.3d 1012 (7th Cir.2002) (denying nationwide class certification because variances in consumer protection and fraud laws rendered class unmanageable); Lyon v. Caterpillar, Inc., 194 F.R.D. 206 (E.D.Pa.2000) (rejecting nationwide certification, finding consumer fraud laws of the various states are not uniform and management problems are likely to arise from the need to determine and apply the various consumer fraud acts); Szabo v. Bridgeport Machines, Inc., 249 F.3d 672, 674 (7th Cir.2001) (<HOLDING>). 112 . In re Paxil, 212 F.R.D. at 546. 113 . Options: A. holding that in determining the manageability of a proposed antitrust class action the district court must consider proof of damages B. holding that a nationwide class in what is fundamentally a breachofwarranty action coupled with a claim of fraud poses serious problems about choice of law the manageability of the suit and thus the propriety of class certification C. holding that a district of columbia consumer protection statute that authorized representative actions and did not reference class action requirements or mandate class certification was a separate and distinct procedural vehicle from a class action and thus did not constitute a class action under cafa D. holding that tolling applies to a subsequent class action when class certification was granted in a prior case E. holding that putative class members are not parties to an action prior to class certification

assistant: The best answer is B. holding that a nationwide class in what is fundamentally a breachofwarranty action coupled with a claim of fraud poses serious problems about choice of law the manageability of the suit and thus the propriety of class certification
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 which are local and some out of State.” Camps Newfound/Owatonna, Inc. v. Town of Harrison, 520 U.S. 564, 585-86, 117 S.Ct. 1590, 137 L.Ed.2d 852 (1997). Thus, as the Court stated, “[f]or purposes of Commerce Clause analysis, any categorical distinction between the activities of profit-making enterprises and not-for-profit entities is ... wholly illusory.” Id. at 586, 117 S.Ct. 1590. Similarly, government institutions not only can affect interstate commerce but also can be direct participants in interstate commerce. The Supreme Court has noted on several occasions the impact that certain federal, state, and local government institutions can have on interstate commerce. See Garcia v. San Antonio Metro. Transit Auth., 469 U.S. 528, 537, 547-48, 105 S.Ct. 1005, 83 L.Ed.2d 1016 (1985) (<HOLDING>). Governments in general, and individual Options: A. holding that commerce clause authorizes congress to punish any particular criminal action even without proof of a relation to interstate commerce when the activity is part of a class of activities determined by congress to affect interstate commerce B. holding that the inability to proceed as a class does not deprive plaintiffs of substantive rights under the fair labor standards act flsa C. holding claims based on the fair labor standards act subject to arbitration D. holding that a religious foundation is an enterprise engaged in commerce or in the production of goods for commerce within the meaning of the fair labor standards act E. holding that application of fair labor standards act flsa to transportation employees employed by local government does not contravene the commerce clause because labor conditions of those employees affect interstate commerce

assistant: The best answer is E. holding that application of fair labor standards act flsa to transportation employees employed by local government does not contravene the commerce clause because labor conditions of those employees affect interstate commerce
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the Simplification Agreement (including any exhibits thereto) constitute the entire agreement and supersede all other prior agreements, understandings, representations and warranties both written and oral, among the parties, with respect to the subject matter hereof.

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 Executive acknowledges and agrees that any breach by him of any of the provisions of this Section 7 (the “ Restrictive Covenants ” ) would result in irreparable injury and damage for which money damages would not provide an adequate remedy. Therefore, if the Executive breaches or threatens to commit a breach of any of the provisions of Section 7, the Companies shall have the ability to seek the following rights and remedies, each of which rights and remedies shall be independent of the other and severally enforceable, and all of which rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Companies under law or in equity (including, without limitation, the recovery of damages): (i) the right and remedy to have the Restrictive Covenants specifically enforced (without posting bond and without the need to prove damages) by any court having equity jurisdiction, including, without limitation, the right to an entry against the Executive of restraining orders and injunctions (preliminary, mandatory, temporary and permanent) against violations, threatened or actual, and whether or not then continuing, of such covenants; and (ii) the right and remedy to require the Executive to account for and pay over to the Companies all compensation, profits, monies, accruals, increments or other benefits (collectively, “ Benefits ” ) derived or received by him as the result of any transactions constituting a breach of the Restrictive Covenants, and the Executive shall account for and pay over such Benefits to the Companies and, if applicable, its affected subsidiaries and/or affiliates. The Executive agrees that in any action seeking specific performance or other equitable relief, he will not assert or contend that any of the provisions of this Section 7 are unreasonable or otherwise unenforceable. Other than a material breach of this Agreement, the existence of any claim or cause of action by the Executive, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement of the Restrictive Covenants.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: status with regard to public assistance, familial status, membership or activity in a local commission, disability, sexual orientation, or age to ... discharge an employee.’’ We note "familial status” was added effective May 12, 2014. 5 . "When interpreting cases under the MHRA, Minnesota courts give weight to federal court interpretations of Title VII claims because of the substantial similarities between the statutes.” Hunter v. United Parcel Serv., Inc., 697 F.3d 697, 702 (8th Cir.2012) (citing Wayne v. MasterShield, Inc., 597 N.W.2d 917, 921 (Minn.Ct.App.1999)). 6 .At the prima facie stage, we apply a "low-threshold standard.” Wimbley v. Cashion, 588 F.3d 959, 962 (8th Cir.2009); see also Sprenger v. Fed. Home Loan Bank of Des Moines, 253 F.3d 1106, 1111 (8th Cir.20 (10th Cir.1987) (<HOLDING>); Jefferies v. Harris Cnty. Comm'ty Action Options: A. holding that title vii claim was subject to compulsory arbitration B. recognizing title vii does not provide the exclusive remedy for all employment discrimination claims even if the title vii and section 1983 claim factually overlap C. holding that a title vii plaintiff could not hold coworkers liable in their individual capacities under title vii D. holding that a claim for discrimination in private employment is not preempted by title vii E. recognizing title vii claim by subclass of african american women

assistant: The best answer is E. recognizing title vii claim by subclass of african american women
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: ... — property of the debtor, within one year before the date of the filing of the petition.” It is undisputed that within one year before filing this case, Debtor permitted the $70,000 from Roger Berman to be transferred to his live-in partner’s bank account (the “Wang Transfer”). Ling Wang used $60,000 of these funds to cure mortgage arrears owing on the home in which both she, the Debtor and their 12-year old daughter reside.. The remaining $10,000 has not been accounted for. Debtor admits to having lied to Roger Berman about the purpose of the loan and the ability to repay him and falsely testifying about the same. From these facts, the court readily infers Debtor’s intent to defraud his creditor, Roger Berman. Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1588 (2d Cir.1983) (<HOLDING>). The Wang Transfer presents several badges of Options: A. holding that the transfer of property by the debtor to his spouse while insolvent while retaining use and enjoyment of the property is a classic badge of fraud B. holding that the debtor could retain exempt property because it was not property of the estate C. holding that because debtor retained control of property a transfer had not yet occurred D. holding that spouse could not claim exemption in property that was only property of other spouses estate E. holding that a spouse is not necessarily an agent of the debtor

assistant: The best answer is A. holding that the transfer of property by the debtor to his spouse while insolvent while retaining use and enjoyment of the property is a classic badge of fraud
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: Second, the court found that the “movement” heard in the mobile home during the raid provided an exigent circumstance that justified the officers’ forcible entry. In contrast to the panel opinion, I find these “attenuation” questions to be the dispositive issues before this court, but, on the facts presented, conclude that the district court erred in its determination. As the panel is in agreement that there was a constitutional violation from the officers’ attempt at entry, the predicate for the district court’s reasonableness argument falls away. The district court held that “if the attempt is never significant, the forty-five second period between announcement and actual entry is plainly reasonable under Jones.” See United States v. Jones, 133 F.3d 358, 361-62 (5th Cir.1998) (<HOLDING>). In other words, if there was no Options: A. holding that after properly knocking and announcing officers need only wait fifteen to twenty seconds before entering B. holding that reasonable accommodation does not require the employer to wait indefinitely for the plaintiffs medical conditions to be corrected C. holding that an officers decision to shoot within a reaction time of 272 seconds was reasonable even if hindsight showed that the officer could have escaped unharmed D. holding that an employer need not wait indefinitely for medical conditions to be corrected E. holding that the statements of a scared to death declarant whispering help me to police officers twenty hours after being assaulted were excited utterances

assistant: The best answer is A. holding that after properly knocking and announcing officers need only wait fifteen to twenty seconds before entering
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall be entitled to withhold from any amounts to be paid or benefits provided to Executive hereunder any federal, state, local or foreign withholding, FICA and FUTA contributions. or other taxes. charges or deductions which it is from time to time required to withhold.

assistant: Withholdings
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: restrictions : except as expressly permitted by vimeo in writing , you will not scrape , reproduce , redistribute , sell , create derivative works from , decompile , reverse engineer , or disassemble the vimeo service or any source code therein .

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: At such time as the Obligations shall have been paid in full, the Collateral shall be released from the Liens created hereby, and this Agreement and all obligations (other than those expressly stated to survive such termination) of the Indenture Trustee and the Guarantor hereunder shall terminate, all without delivery of any instrument or performance of any act by any party, and all rights to the Collateral shall revert to the Guarantor. At the request and sole expense of the Guarantor following any such termination, the Indenture Trustee shall deliver to the Guarantor any Collateral held by the Indenture Trustee hereunder, and execute and deliver to the Guarantor such documents as the Guarantor shall reasonably request to evidence such termination.

assistant: Releases
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: willful infringement, a plaintiff must make a “showing of objective recklessness.” In re Seagate Technology, LLC, 497 F.3d 1360, 1371 (Fed.Cir.2007). Whether infringement is willful is a question of fact and is determined based on the totality of the circumstances. ACCO Brands, Inc. v. ABA Locks Mfr. Co., 501 F.3d 1307, 1311-12 (Fed.Cir.2007). In order to willfully infringe a patent, the alleged infringer must know of the patent, i4i Ltd. Partnership v. Microsoft Corp., 598 F.3d 831, 860 (Fed.Cir.2010) (“Infringement is willful when the infringer was aware of the asserted patent, but nonetheless ‘acted despite an objectively high likelihood that its actions constituted infringement of a valid patent.’ ”); Pandora Jewelry LLC v. Cappola Capital Corp., 2009 WL 2029964, *1 (M.D.Fla.2009) (<HOLDING>). Accordingly, T-Mobile argues that Options: A. holding in a patent infringement case that plaintiff lacked standing where it held a conditional right to license a patent and enforce license agreements but did not have the right to transfer the patent B. holding a nonparty to a patent infringement suit who funded an unsuccessful challenge to a patent could not file a subsequent lawsuit again challenging the patent C. holding that ohio counties could be sued for patent infringement D. holding that knowledge of the patent is required for willful infringement E. holding that the objective prong for willful infringement is generally not met where an accused infringer relies on a reasonable defense to a charge of infringement

assistant: The best answer is D. holding that knowledge of the patent is required for willful infringement
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: Bartholomew properly contested Gutzmore’s claim of exemption. The Alabama Supreme court has held that “a contest is the exclusive method of preserving a levy after a claim of exemption is filed, Kennedy v. Smith, 99 Ala. 83, 11 So. 665 (1892); and that a claim of exemption, unless properly contested, must be upheld and the levy or other process released. Totten & Bros. v. Sale & Co., 72 Ala. 488 (1883); Poole v. Griffith, 216 Ala. 120, 112 So. 447 (1927).” Ex parte Avery, 514 So.2d 1380, 1381 (Ala. 1987). Section 6-10-25, Ala.Code 1975, provides the method that must be followed in order to contest a claim of exemption from garnishment. Section 6-10-25 provides, in pertinent part: “A plaintiff, in person or by his or her agent or attorney, may contest a claim of exemption after 1997) (<HOLDING>). Because Bartholomew did not properly contest Options: A. holding that one letter sent a year prior to the filing of a motion to compel was insufficient to satisfy the requirement to confer B. holding that notice of judgment was insufficient C. holding that 1823e does not apply to a claim relating to a letter of credit a letter of credit is a liability not an asset D. holding that anonymous letter was insufficient to entitle petitioner to hearing E. holding that an unsworn letter was insufficient to contest a claim of exemption

assistant: The best answer is E. holding that an unsworn letter was insufficient to contest a claim of exemption
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: marks omitted); Mansare v. Holder, 383 Fed.Appx. 522, 526 (6th Cir.2010) (BIA opinion that noted numerous discrepancies, but discussed only a few, “reflected a consideration of the record and sufficiently addressed the pertinent issues to facilitate our review”). Indeed, the BIA explicitly adopted and affirmed the IJ’s decision, which thoroughly catalogued those inconsistencies. C. Failure to Exhaust Ba raises two additional claims: (1) the IJ erred in failing to consider evidence of female genital mutilation as a basis for a well-founded fear of future persecution and (2) changes in country conditions necessitate a remand. Because Ba neglected to raise these arguments before the BIA, however, we lack jurisdiction to consider them. Ramani v. Ashcroft, 378 F.3d 554, 560 (6th Cir.2004) (<HOLDING>). III. We deny Ba’s petition. 1 . Ba fails to Options: A. holding that appellate court may only review issues actually presented to and considered by the trial court B. holding that only claims properly presented to the bia and considered on their merits can be reviewed by this court C. holding that we cannot properly receive and consider evidence that was not presented to and considered by the trial court D. holding that an issue not presented to the trial court will not be considered on appeal E. holding state prisoners proceeding under 2241 must be granted a coa before their claims can be considered on the merits

assistant: The best answer is B. holding that only claims properly presented to the bia and considered on their merits can be reviewed by this 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in countries where exclusions or limitations of liability are allowed , dropbox , its affiliates , suppliers or distributors wo n't be liable for : i ) any indirect , special , incidental , punitive , exemplary or consequential damages , or ii ) any loss of use , data , business , or profits , regardless of legal theory .

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: contractual rights under a collective-bargaining agreement and individual statutory rights.” Gilmer, 500 U.S. at 35, 111 S.Ct. at 1657. Defendant would first require the plaintiffs to arbitrate both their contractual and statutory claims, as the plaintiff in Gilmer was required to do. Defendant next argues that even if the plaintiffs had some right to have their statutory claims heard in court, they must first complete the arbitration process. In this case, however, the plaintiffs’ claims do not implicate the contract. As explained earlier, the contract language simply does not encompass all disputes arising out of employment. Under this framework, there is no basis for requiring plaintiffs to complete arbitration prior to bringing their statutory claims. See Claps, 819 F.Supp. at 147 (<HOLDING>). Adams, 843 F.Supp. at 691. The Court declines Options: A. holding that plaintiffs failure to exhaust available grievance procedures does not bar her title vii claims B. holding that prisoners noncompliance with written grievance procedures did not constitute a failure to exhaust since prison officials had told him that written procedures were not accurate C. holding that the plra mandates that prisoners exhaust internal prison grievance procedures before filing suit emphasis added D. holding that a prisoner failed to exhaust his administrative remedies when he did not utilize grievance procedures that permitted waiver of the time limit for good cause E. holding claims based on title vii subject to arbitration

assistant: The best answer is A. holding that plaintiffs failure to exhaust available grievance procedures does not bar her title vii claims
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the Consulting Agreement set forth the entire agreement between the parties hereto, and fully supersedes any prior agreements or understandings between the parties, except as otherwise stated herein. Employee acknowledges that Employee has not relied on any representations, promises, or agreements of any kind made to Employee in connection with Employee’s decision to accept this Agreement, except for those set forth in this Agreement.

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: To the extent permitted by law, each party hereto hereby waives trial by jury in any judicial proceeding involving, directly or indirectly, any matter (whether sounding in tort, contract or otherwise) in any way arising out of, related to, or connected with this Agreement or the relationships established hereunder and agrees that any such dispute shall be tried before a judge sitting without a jury.

assistant: Waiver Of Jury Trials
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 a semi-annual basis at a meeting of the JIPC, (a) Jazz shall disclose to ImmunoGen the making, conception or reduction to practice by or on behalf of Jazz of any Joint Product Technology and ADC Platform Improvements, and (b) ImmunoGen shall disclose to Jazz the making, conception and reduction to practice by or on behalf of ImmunoGen of any Joint Product Technology and other Licensed Technology.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall pay PFG a fee of $75,000 in connection with this Agreement, which fee is fully earned and nonrefundable as of the date hereof but shall be due and payable by Borrower upon the earliest to occur of: (i) April 15, 2019, (ii) repayment of the monetary Obligations, and (iii) the occurrence of any Additional Default.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: * self-serve ad terms : these terms apply when you use the self-serve ad interfaces to create , submit , or deliver any advertising or other commercial or sponsored activity or content .

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 case excerpt and choose the best holding from the options. Case excerpt: when he signed off from the ship after the end of the voyage, they complied with the Seafarer’s Agreement, as well as the applicable law (Docket # 42. Exs. A & O). We agree. The Seafarer’s Agreement unambiguously states that “if Seafarer becomes ill or injured, his/her entitlement to un earned wages shall extend only to the end of the voyage from which Seafarer signs off articles.” (Docket # 42, Ex. O). Plaintiffs have not contested that Co-plaintiff Plesha signed off on August of 2001 when the voyage concluded (Docket #42 SUF No. 34). It follows that Defendants’ payment of unearned wages until August of 2001 complied with the terms and conditions of the Seafarer’s Agreement signed by Co-plaintiff Plesha. As such, Plaintiffs’ claim on this respect must fail. Blainey, 990 F.2d at 891-92 (<HOLDING>). Accordingly, Defendants’ motion for summary Options: A. holding that absent a law or collective bargaining agreement a municipal employee is an employee atwill B. holding that where the statutory scheme is clear the inquiry should end C. holding that an arbitrators interpretation of the scope of the issue submitted to him is entitled to the same deference accorded his interpretation of the collective bargaining agreement D. holding that order reducing the notice of a claim of lien was not interim in the sense of being an intermediate step toward a further end rather it is an end in itself for its very purpose is to clarify the parties rights in the interim period pending a final decision on the merits E. holding that absent a collective bargaining agreement which extends the employment period past the end of a particular voyage a seaman is entitled to unearned wages until the end of the voyage

assistant: The best answer is E. holding that absent a collective bargaining agreement which extends the employment period past the end of a particular voyage a seaman is entitled to unearned wages until the end of the voyage
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: to his sentence on the other two counts. As Smith co 756 (5th Cir.2007). 8 . Seale, 600 F.3d at 488 (brackets omitted) (quoting United States v. Olano, 507 U.S. 725, 736, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993)). 9 . 384 U.S. 436, 444, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). 12 . See United States v. Jackson, 339 F.3d 349, 354 (5th Cir.2003). 13 . See United States v. W 37 (5th Cir. 1996) ("[Ejxclusion of extrinsic evidence based on its prejudicial effect should occur only sparingly.” (internal quotation marks and citation omitted)). 23 . See id. ("[Tjhe district court thoroughly instructed the jury concerning the limited use of the extrinsic evidence, thereby minimizing its possible prejudicial effect.”). 24 . See United States v. Duffaut, 314 F.3d 203, 209-10 (5th Cir.2002) (<HOLDING>). 25 . See - U.S. -, 131 S.Ct. 18, 23, 178 Options: A. holding that failure to give a limiting instruction for 404b evidence is not plain error B. holding the admission of expert testimony that exceeded the bounds of rule 704 was prejudicial despite the fact that the court gave the jury a limiting instruction similar to the instruction in this case C. holding that the district court did not commit plain error in admitting physical evidence of the defendants prior drug arrest in addition to the fact of the arrest itself when the evidence was relevant under rule 404b and the district court gave a limiting instruction D. holding that the district court committed plain error by admitting evidence obtained in violation of the fourth amendment where the error did affect a substantial right of the defendants and the admission of evidence which should have been excluded did have a prejudicial impact on the jury E. holding that in admitting evidence the failure of the trial court to give a limiting instruction sua sponte is not reversible error

assistant: The best answer is C. holding that the district court did not commit plain error in admitting physical evidence of the defendants prior drug arrest in addition to the fact of the arrest itself when the evidence was relevant under rule 404b and the district court gave a limiting instruction
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 notice required or permitted hereunder will be in writing and will be deemed to have been duly given if delivered by hand, by express commercial delivery service, or if sent by certified mail, postage and certification prepaid, to Executive at Executive’s residence (as noted in the Company’s records), or to the Company address, or to such other address or addresses as either Party may have furnished to the other in writing.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: where permitted , you may delete copies or instances of your content that you have displayed or that are in your account inventory through the normal functionality of the service , such as by emptying the trash folder in your account inventory as applicable .

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 case excerpt and choose the best holding from the options. Case excerpt: was not an excusable result of duress. Defendant appealed to the district court, claiming error in the metropolitan court’s review of the evidence. The district court, however, did not evaluate the evidence. Instead, it held as a matter of law that duress was unavailable to a defendant charged with DWI. II. DISCUSSION A. Availability of Duress Defense to a DWI Defendant {4} The question of whether the defense of duress is available to a defendant in a DWI case is an issue this Court has not previously been called upon to address. The specific issue is whether it is of legal consequence that a defendant charged with DWI allegedly violated the law only to escape a threat of immediate death or great bodily harm. Compare Esquibel v. State, 91 N.M. 498, 501, 576 P.2d 1129, 1132 (1978) (<HOLDING>), overruled on other grounds by State v. Options: A. holding it is fundamental error to convict a defendant of crime not charged and which is not a lesser included offense of the charged crime B. holding that attempted sexual abuse is a specific intent crime C. holding the crime of conspiracy is committed or not before the substantive crime begins D. holding that application of the privilege is not limited to persons in custody or charged with a crime it may also be asserted by a suspect who is questioned during the investigation of a crime E. holding that duress is a defense available in new mexico except when the crime charged is a homicide or a crime requiring intent to kill

assistant: The best answer is E. holding that duress is a defense available in new mexico except when the crime charged is a homicide or a crime requiring intent to kill
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 reliance on the representations, warranties, covenants and agreements contained in this Second Amendment, and subject to the satisfaction of the conditions precedent set forth in Section 5 hereof, the Credit Agreement shall be amended effective as of the Second Amendment Effective Date in the manner provided in this Section 2 .

assistant: Amendments
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: (1996)). “Courts will not entertain such cases because it is not the responsibility of courts to decide abstract propositions of law.” Id. (internal quotation marks omitted). “Conversely, when a court’s determination can have a practical effect on a controversy, the court may not dismiss the case as moot.” Id. In determining whether plaintiffs’ claims may be considered moot, we are bound by Goldston. Because we hold that plaintiffs have standing to pursue a declaratory judgment regarding the Board’s authority to establish year-round schools and to assign students to those schools on a mandatory basis, the fact that individual plaintiffs have been reassigned does not address the unsettled controversy concerning the Board’s authority. See Goldston, 361 N.C. at 34-35, 637 S.E.2d at 882 (<HOLDING>). Stated differently, the plaintiffs’ Options: A. holding that because plaintiffs would be able to file their case in colombia plaintiffs concerns as to their safety are more appropriately considered in the private interest factors analysis B. holding that a case under the declaratory judgments act remains a live controversy even if all requests for substantive declaratory relief become moot during the actions pendency as long as a claim for attorneys fees under the act remains pending C. holding that plaintiffs were not released from the exclusive remedial framework of the csra when their claims arose from their federal employment even though the csra provided plaintiffs with no remedy D. holding that if undisclosed evidence might have affected the disposition of the summary judgment motion the plaintiffs chose not to disclose the basis of their claim and they did so at their own risk E. holding declaratory judgment remains an appropriate remedy despite plaintiffs abandoning their claim to compel return of the challenged assets because if plaintiffs ultimately prevail their point is made

assistant: The best answer is E. holding declaratory judgment remains an appropriate remedy despite plaintiffs abandoning their claim to compel return of the challenged assets because if plaintiffs ultimately prevail their point is made
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: does not itself offend the Constitution, the fact that each official does not ‘represent’ the same number of people does not deny those people equal protection of the laws.” (citing Sailors)). Moreover, contrary to plaintiffs’ contentions (see Warden Compl. ¶ 51), this is the ease whether or not the body is appointed by officials who are themselves elected, see Sailors, 387 U.S. at 109-10, 87 S.Ct. 1549; Oliver, 306 F.Supp. at 1289, and whether or not the elected officials could theoretically appoint themselves to fill the positions at issue. See, e.g., Rosenthal v. Board of Educ., 385 F.Supp. 223, 22A-26 (E.D.N.Y.1974) (three-judge panel), aff'd, 420 U.S. 985, 95 S.Ct. 1418, 43 L.Ed.2d 667 (1975); cf. Board of Estimate v. Morris, 489 U.S. 688, 109 S.Ct. 1433, 103 L.Ed.2d 717 (1989) (<HOLDING>). In short, notwithstanding the similarities Options: A. recognizing absolute immunity for attorneys and board members of the texas medical board B. holding that when a superintendent who opposed the winning slate in a school board election was terminated his speech and association involved matters of great public concern the performance of elected officials C. holding that the statute that established new york citys board of estimate violated the equal protection clause even though the boards officials were not directly elected because borough presidents when elected became members of the board ex officio D. recognizing absolute immunity for board members and the director of the mississippi state board of nursing E. holding that plaintiff had standing to sue a board even though board was far from sole participant in the application of the challenged statute

assistant: The best answer is C. holding that the statute that established new york citys board of estimate violated the equal protection clause even though the boards officials were not directly elected because borough presidents when elected became members of the board ex officio
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: Section 6(i) of the Disclosure Schedule identifies each patent or patent registration that has been issued or licensed to and owned by each of the Companies with respect to any of its intellectual property, identifies each pending patent application or application for registration – including the jurisdiction and patent number - that each of the Companies has made with respect to any of its intellectual property and identifies each license, agreement or other permission that each of the Companies has granted to any third party with respect to any of its intellectual property. Each of the Sellers and the Companies is the absolute beneficial owner of all right, title and interest in and to and have the right to use each of the Companies’ intellectual property with no breaks in chain of title with good and marketable title, free and clear of any Liens or claims of any kind whatsoever. The use of any of the Companies’ intellectual property, to the Sellers’ and Companies’ knowledge, does not breach, violate, infringe or interfere with or constitute a misappropriation of any valid rights arising under any of the intellectual property of any other Person. Without limiting the foregoing, none of the Sellers or none of the Companies has put any other Person on notice of actual or potential infringement, violation or misappropriation of any of the Companies’ intellectual property and none of the Sellers or none of the Companies has initiated the enforcement of any claim with respect to any of the Companies’ intellectual property. To the knowledge of the Sellers and the Companies, each of the Companies’ intellectual property is all the intellectual property necessary for the operation of each of the Companies’ Businesses as it is currently conducted. Each of the Sellers has taken reasonable precautions to protect the secrecy, confidentiality and value of each of the Companies’ intellectual property consisting of trade secrets and confidential information. There are no pending or, to any of Sellers and the Companies’ knowledge, threatened claims against the Sellers or the Companies asserted by any other Person relating to the Companies’ intellectual property, including any claims of adverse ownership, invalidity, infringement, misappropriation, violation or other opposition to or conflict with such intellectual property; none of the Sellers or the Companies has received any written notice from any Person that each of the Companies’ Businesses, the use of each of the Companies’ intellectual property, or the manufacture, use or sale of any product or the performance of any service by any of the Sellers infringes upon, violates or constitutes a misappropriation of, or may infringe upon, violate or constitute a misappropriation of, or otherwise interfere with, any other intellectual property of any other Person.

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 legal provision and list the applicable contract clause categories. Provision: On the Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and Purchaser agrees to purchase the Shares and the Warrant. Purchaser’s Subscription Amount as set forth on the signature page hereto executed by Purchaser shall be made available for “Delivery Versus Payment” settlement with the Company. The Company shall deliver to Purchaser the Shares and the Warrant as determined pursuant to Section 2.2(a), and the Company and Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, the Closing shall occur. Settlement of the Shares shall occur via “Delivery Versus Payment” (i.e., on the Closing Date, the Company shall issue the Shares registered in Purchaser’s name and address and released by the Transfer Agent directly to the account(s) identified by Purchaser, and payment therefor shall be made by wire transfer to the Company).

assistant: Closings
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 Parent and the Borrower have disclosed to the Administrative Agent and the Lenders all agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries, JV Subsidiaries, or any other Loan Party is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. No report, financial statement, certificate or other information furnished by or on behalf of any Loan Party to the Administrative Agent or any Lender in connection with the transactions contemplated hereby and the negotiation of this Agreement or delivered hereunder or under any other Loan Document (in each case as modified or supplemented by other information so furnished) contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that, with respect to projected financial information, the Parent and the Borrower represent only that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

assistant: Disclosures