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: stated that, in its view, affidavits “are supposed to put in factual material, but they’re not suppose to in essence, make an additional legal argument.” Id. at 19. After encouraging the moving defendants to share the declarations with the plaintiffs and discuss whether they should be admitted, see id. at 26, the Court adjourned the conference until later that day. See id. at 30. At the reconvened conference, the plaintiffs informed the Court that they had reviewed the declaration by Professor Wolfram and believed it was “nothing more than an attempt to camouflage what is clearly an opinion as a matter of law on a legal issue by just using some facts as background for his conclusion.” 10/15/01 Tr. (5:35 p.m.) at 8. The Court r.), modified on other grounds, 856 F.2d 5 (2d Cir.1988) (<HOLDING>). The rule prohibiting experts from providing Options: A. holding that experts statements that defendants violated securities law and drew directly upon the language of the statute were legal conclusions that went well beyond his province as an expert B. holding the experts opinion testimony lacked a proper foundation when there was no physical evidence of sexual abuse and the experts admitted that their conclusions were based solely on the childrens statements that they had been abused C. holding that even under an abuse of discretion standard the trial court must make sufficient find ings of fact and conclusions of law to allow the reviewing court to determine whether a judgment and the legal conclusions that underlie it represent a correct application of the law D. holding that the district court did not err in imposing an obstruction of justice enhancement where defendants false statements went beyond merely denying his guilt E. holding that rules of evidence do not permit an expert to give opinion or state legal conclusions regarding a question of law

assistant: The best answer is A. holding that experts statements that defendants violated securities law and drew directly upon the language of the statute were legal conclusions that went well beyond his province as an expert
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in the Financial Statements or in the Commission Documents or on Schedule 2.1(u) , there are no loans, leases, agreements, contracts, royalty agreements, management contracts or arrangements or other continuing transactions between the Company and any officer, employee, consultant or director of the Company, or any person owning more than 10% capital stock of the Company or any member of the immediate family of such officer, employee, consultant, director or stockholder or any corporation or other entity controlled by such officer, employee, consultant, director or stockholder, or a member of the immediate family of such officer, employee, consultant, director or stockholder.

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 legal provision and list the applicable contract clause categories. Provision: Borrower hereby (i) renews and affirms the liens and security interests created and granted in the Loan Documents, and (ii) agrees that this Amendment shall in no manner affect or impair the liens and security interests securing the Obligations, and that such liens and security interests shall not in any manner be waived, the purposes of this Amendment being to modify the Loan Agreement as herein provided, and to carry forward all liens and security interest securing same, which are acknowledged by Borrower to be valid and subsisting.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All questions concerning the construction, validity, enforcement and interpretation of this Guarantee shall be governed by and construed and enforced in accordance with the internal laws of the State of New York, without regard to the principles of conflicts of law thereof. Each of the Company and the Guarantors agree that all proceedings concerning the interpretations, enforcement and defense of the transactions contemplated by this Guarantee (whether brought against a party hereto or its respective affiliates, directors, officers, shareholders, partners, members, employees or agents) shall be commenced exclusively in the state and federal courts sitting in the City of New York. Each of the Company and the Guarantors hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in the City of New York for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein, and hereby irrevocably waives, and agrees not to assert in any proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such proceeding is improper. Each party hereto hereby irrevocably waives personal service of process and consents to process being served in any such proceeding by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Guarantee and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Guarantee or the transactions contemplated hereby.

assistant: Governing Laws
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 the Zoning Code, the court of appeals did not interpret section 4-6-602 "as a grant of authority allowing the Planning Commission to deny a permitted use on the ground that it is incompatible with the surrounding neighborhood." SecurCare, 987 P.2d at 854. In large part, we disagree with the court of appeals' interpretation of the Zoning Code because we conclude that it is inconsistent with the plain language of the Zoning Code provisions. Courts interpret the ordinances of local governments, including zoning ordinances, as they would any other form of legislation. See Cherry Hills Resort Dev. Co. v. City of Cherry Hills Village, 790 P.2d 827, 830 (Colo.1990) (interpreting zoning ordinance under the general canons of statutory interpretation); Ells, 186 Colo. at 358, 527 P.2d at 541 (<HOLDING>); Glatz v. City & County of Denver, 735 P.2d Options: A. holding that mailing a copy of a notice of appeal that was filed in the trial court to the city law director does not constitute filing the notice of appeal with the city board of zoning appeals B. recognizing that the zoning code of a homerule city is a legislative enactment C. recognizing that code is speech D. recognizing that zoning and rezoning are legislative matters E. holding that a zoning decision pertaining to a specific property is not a legislative act but is rather quasijudicial in nature

assistant: The best answer is B. recognizing that the zoning code of a homerule city is a legislative enactment
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: By (i) 9:30 a.m. (Eastern time) on the Trading Day following the Closing Date, the Company shall issue a press release, disclosing the transactions contemplated by the Transaction Documents and the Closing and by (ii) 5:30 p.m. (Eastern time) on the fourth Trading Day following the Closing Date, the Company will file a Current Report on Form 8-K, disclosing the material terms of the Transaction Documents (and attach as exhibits thereto all existing Transaction Documents) and the Closing. The Company covenants that following such disclosure, the Investor shall no longer be in possession of any material, non-public information with respect to the Company or any Subsidiary. In addition, the Company will make such other filings and notices in the manner and time required by the Commission and the Trading Market on which the Common Stock is quoted.

assistant: Publicity
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: After giving effect to the transactions contemplated by the Loan Documents, (i) the aggregate value of each Borrower’s assets will exceed its liabilities (including contingent, subordinated, unmatured and unliquidated liabilities), (ii) each Borrower will have sufficient cash flow to enable it to pay such Borrower’s debts as they become due, and (iii) no Borrower will have unreasonably small capital for the business in which it is engaged.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The interpretation, performance, and enforcement of these Award Terms will be governed by the laws of the State of Texas, without giving effect to the principles of conflict of laws thereof and all parties, including their successors and assigns, consent to the jurisdiction of the state and federal courts of Texas.

assistant: Governing Laws
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: Consolidate or merge with or into any other Person or sell, lease or transfer all or substantially all of its property and assets, or agree to do any of the foregoing, unless (i) no Event of Termination, Unmatured Event of Termination, Collection Control Event or Non-Reinvestment Event has occurred and is continuing or would result immediately after giving effect thereto, (ii) if such Originator is not the surviving entity or if such Originator sells, leases or transfers all or substantially all of its property and assets, the surviving entity or the Person purchasing or being leased the assets is a Subsidiary of Sprint Corporation and agrees to be bound by the terms and provisions applicable to such Originator hereunder, (iii) no Change of Control shall result, (iv) Sprint Corporation reaffirms in a writing, in form and substance reasonably satisfactory to the Collateral Agent, the Administrative Agent and the Required Purchasers, that its obligations under the Performance Support Agreement shall apply to the surviving entity, (v) the Servicer delivers to the Collateral Agent and the Administrative Agent notice thereof and an updated Annex 1 and an updated Annex 3 to this Agreement, in each case, on or prior to the date of such consolidation, merger, sale lease or transfer (and Annex 1 and Annex 3 , as applicable, shall be deemed to be updated automatically upon the delivery of such annexes) and (vi) the Collateral Agent, the Administrative Agent and each Purchaser Agent receive such additional certifications and opinions of counsel as the Collateral Agent, the Administrative Agent or the Required Purchasers shall reasonably request (including any updated Internal Revenue Service Form W-9 (or any successor form).

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 legal provision and list the applicable contract clause categories. Provision: Article and Section headings used herein are for convenience of reference only, are not part of this Amendment No. 6 and are not to affect the construction of, or to be taken into consideration in interpreting, this Amendment No. 6.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as previously disclosed to Sutherland pursuant to the Company Disclosure Letter, no broker, finder or investment banker is entitled to any brokerage, finder’s or other fee or commission in connection with the transactions contemplated hereby based upon arrangements made by or on behalf of Advisor or its Affiliates.

assistant: Brokers
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 to be given pursuant to this Agreement shall be sent by certified mail, postage prepaid, or by facsimile (with a copy mailed via first class mail, postage pre-paid) or delivery in person to the parties at the addresses set forth in the preamble to this Agreement or at such other address as either party may from time to time designate 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: supercell reserves the right to stop offering and/or supporting the service or a particular game or part of the service at any time , at which point your license to use the service or a part thereof will be automatically terminated .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of litigation between the parties with respect to the Property, this Agreement, the performance of their respective obligations hereunder or the effect of a termination under this Agreement, the losing party shall pay all costs and expenses incurred by the prevailing party in connection with such litigation, including, but not limited to, reasonable attorneys’ fees of counsel selected by the prevailing party. Notwithstanding any provision of this Agreement to the contrary, the obligations of the parties under this Section 20 shall survive termination of 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 case excerpt and choose the best holding from the options. Case excerpt: comparison of the two marks, but rather must determine whether the allegedly infringing mark is confusing to the public when singly presented. Id. Similar ities of the marks are given more weight than differences. Id. In this case, the marks are similar inasmuch as they both utilize some variation of the words “Big Dog.” Holdings relies heavily on this similarity between the marks and asks the court to focus on the fact that this is the dominant portion of the marks. The court finds Holdings’ heavy reliance on this consideration to be misplaced for two reasons. First, it is well settled that while the dominant portion of a mark is given greater weight, the court must still consider each mark as a whole. First Sav. Bank v. First Bank Sys., Inc., 101 F.3d 645, 653 (10th Cir.1996) (<HOLDING>); see also Heartsprings, Inc. v. Heartspring, Options: A. recognizing similarities between illinois and federal law on relation back B. recognizing auditory similarities between two marks at summary judgment where the plaintiff had linguistic expert evidence that the marks were pronounced similarly C. holding that despite some differences between the charged offense and the collateral crime similarities between the two were striking enough to establish a unique crime pattern D. holding the district court erred by relying too heavily on the appearance and pronunciation of the marks where the differences between the entire marks and their attending logos outweighed the similarities E. holding expert testimony on probative similarities between works is unnecessary where the works are not highly technical and the jury is capable of recognizing and understanding the similarities between the works without the help of an expert

assistant: The best answer is D. holding the district court erred by relying too heavily on the appearance and pronunciation of the marks where the differences between the entire marks and their attending logos outweighed the similarities
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: 501 U.S. 808 (1991). 76 See U.S. Const. amends. VIII, XIV; Robinson v. California, 370 U.S. 660, 666 (1962). 77 Booth, 482 U.S. at 502-09. 78 Id. 79 490 U.S. 805 (1989), overruled in part by Payne, 501 U.S. 808. 80 501 U.S. at 827-30. 81 Id. at 822-27. 82 Id. at 830 n.2. 83 108 Nev. 127, 136-37, 825 P.2d 600, 606 (1992). 84 See, e.g., Rippo v. State, 113 Nev. 1239, 1261, 946 P.2d 1017, 1031 (1997); Atkins v. State, 112 Nev. 1122, 1136, 923 P.2d 1119, 1128 (1996); McNelton v. State, 111 Nev. 900, 906 & n.4, 900 P.2d 934, 937 & n.4 (1995). 85 Floyd v. State, 118 Nev. 156, 174, 42 P.3d 249, 261 (2002), cert. denied, 537 U.S. 1196 (2003); see also McNelton, 111 Nev. at 905-06, 900 P.2d at 937-38. 86 Gallego v. State, 117 Nev. 348, 370, 23 P.3d 227, 242 (2001); Rippo, 113 Ne 473, 484 (1997) (<HOLDING>). 94 See Sherman v. State, 114 Nev. 998, 1014, Options: A. holding that the law presumes that the jury will follow the courts instructions B. holding that in light of the affirmative constitutional mandate to provide impartial juries in criminal cases the state has an important interest in obtaining juries that do not contain members who because of their religious beliefs are unable to follow the law or the trial courts instructions C. recognizing that jurors are presumed to follow instructions D. holding that a jury is presumed to follow the trial courts instructions E. recognizing that this court presumes that juries follow district courts instructions

assistant: The best answer is E. recognizing that this court presumes that juries follow district courts instructions
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 that the receipt, vesting or settlement of this Award results in compensation income or wages to the Participant for federal, state, local and/or foreign tax purposes, the Participant shall make arrangements satisfactory to the Company for the satisfaction of obligations for the payment of withholding taxes and other tax obligations relating to this Award, which arrangements include the delivery of cash or cash equivalents, Stock (including previously owned Stock, net settlement, a broker-assisted sale, or other cashless withholding or reduction of the amount of shares otherwise issuable or delivered pursuant to this Award), other property, or any other legal consideration the Committee deems appropriate. If such tax obligations are satisfied through net settlement or the surrender of previously owned Stock, the maximum number of shares of Stock that may be so withheld (or surrendered) shall be the number of shares of Stock that have an aggregate Fair Market Value on the date of withholding or surrender equal to the aggregate amount of such tax liabilities determined based on the greatest withholding rates for federal, state, local and/or foreign tax purposes, including payroll taxes, that may be utilized without creating adverse accounting treatment for the Company with respect to this Award, as determined by the Committee. The Participant acknowledges that there may be adverse tax consequences upon the receipt, vesting or settlement of this Award or disposition of the underlying shares and that the Participant has been advised, and hereby is advised, to consult a tax advisor. The Participant represents that he is in no manner relying on the Board, the Committee, the Company or any of its Affiliates or any of their respective managers, directors, officers, employees or authorized representatives (including, without limitation, attorneys, accountants, consultants, bankers, lenders, prospective lenders and financial representatives) for tax advice or an assessment of such tax consequences.

assistant: Tax 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 legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in multiple counterparts or copies, each of which shall be deemed an original hereof for all purposes. One or more counterparts or copies of this Amendment may be executed by one or more of the parties hereto, and some different counterparts or copies executed by one or more of the other parties. Each counterpart or copy hereof executed by any party hereto shall be binding upon the party executing same even though other parties may execute one or more different counterparts or copies, and all counterparts or copies hereof so executed shall constitute but one and the same agreement. Each party hereto, by execution of one or more counterparts or copies hereof, expressly authorizes and directs any other party hereto to detach the signature pages and any corresponding acknowledgment, attestation, witness or similar pages relating thereto from any such counterpart or copy hereof executed by the authorizing party and affix same to one or more other identical counterparts or copies hereof so that upon execution of multiple counterparts or copies hereof by all parties hereto, there shall be one or more counterparts or copies hereof to which is(are) attached signature pages containing signatures of all parties hereto and any corresponding acknowledgment, attestation, witness or similar pages relating thereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in ritualistic incantation in order to establish consideration of a legal issue.” United States v. Davis, 53 F.3d 638, 642 (4th Cir.1995). Nor is there a requirement that the district court make specific findings relating to each of the factors considered. As the Third Circuit has noted: In fact, there is no requirement that the district court make specific findings with respect to each of the section 3553(a) factors it considered.... At the time of sen- fencing, the district court simply must state on the record its general reasons under section 3553(a) for rejecting Chapter 7 policy statements it considered and for imposing a more stringent sentence. United States v. Blackston, 940 F.2d 877, 893-94 (3d Cir.1991); see also United States v. Graves, 914 F.2d 159, 160 (11th Cir.1990) (<HOLDING>); United States v. Lockard, 910 F.2d 542, 546 Options: A. holding that a district court satisfies its obligation to make factual findings when it explicitly adopts the factual findings set forth in the presentence report B. holding that trial court must make findings of fact on all material factual issues that involve ultimate issues in divorce and must make findings that characterize and value each asset or liability on which disputed evidence was presented C. holding that there is no requirement that the district court make specific factual findings with respect to each 3353a factor D. holding that despite a trial courts failure to make specific factual findings an appellate court is free to affirm on any grounds for which there is sufficient record to permit conclusions of law E. holding the trial court is not required to make specific findings of fact on the record for each wham factor if the record contains sufficient evidentiary support for the finding of lack of good cause

assistant: The best answer is C. holding that there is no requirement that the district court make specific factual findings with respect to each 3353a factor
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: some jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties , so the above disclaimers may not apply to you in their entireties , but will apply to the maximum extent permitted by applicable law .

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: This Agreement shall create a continuing security interest in the Pledged Collateral and shall (i) be binding upon the Pledgor, its successors and assigns and (ii) inure, together with the rights and remedies of the Administrative Agent hereunder, to the benefit of the Administrative Agent, its successors, transferees and assigns and each of the Lenders, their successors and assigns. Without limiting the generality of the foregoing clause (ii), any Lender may assign or otherwise transfer any indebtedness held by it secured by this Agreement to any other person, and such other person shall thereupon become vested with all the benefits in respect thereof granted to such Lender, herein or otherwise, subject however, to the provisions of the Credit Agreement. The Pledgor agrees that its obligations hereunder and the pledge and security interest created hereunder shall continue to be effective or be reinstated, as applicable, if at any time payment, or any part thereof, of all or any part of the Obligations is rescinded or must otherwise be restored by any Lender upon the bankruptcy or reorganization of the Pledgor or otherwise.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of Armstrong’s employment with the Company as provided hereunder (the “Term”) shall commence on the Effective Date and terminate on December 31, 2019; provided, however, that (a) Armstrong may terminate his employment with the Company as of any date prior to December 31, 2019 by giving written notice to the Company at least two weeks prior to the effective date of such termination, (b) at the direction of the Board, the Company may terminate Armstrong’s employment with the Company as of any date prior to December 31, 2019 by giving written notice to Armstrong at least two weeks prior to the effective date of such termination, and (c) Armstrong’s employment relationship with the Company shall automatically terminate in the event of his death. The date as of which the employment relationship terminates shall constitute the “Termination Date” for purposes hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: person’s tort claims arising out of a single incident? 2. Whether, under Tennessee Code Annotated section 28-1-106, the disability of “unsound mind” is “removed” when the injured person’s legal representative accepts responsibility for the injured person’s tort claims arising out of a single incident? We accepted these certified questions. See Tenn. Sup.Ct. R. 28 (2006). Analysis I. Legal Disability Statute Because we find the second certified question to be dispositive of the first, we begin with it. For the reasons that follow, we conclude that the appointment of a legal guardian does not remove an injured person’s disability of “unsound mind” under Tennessee Code Annotated section 28-1-106 and that the statute of limitations remains tolled so long as the injured person 330 (1983) (<HOLDING>); Chagnon v. Metro. Life Ins. Co., 96 N.H. 256, Options: A. holding that new yorks statute tolling statute of limitations during a period when a person is under a disability because of infancy is not terminated by acts of guardian or legal representative in taking steps to pursue claims on infants behalf B. holding that a social security disability determination is a legal proceeding C. holding that cjlearly the purpose of our legal disability statute is to lift the burden of severe time restrictions or limitations from those under legal disability that is from those who do not have the ability and capacity to protect their rights existing under our laws D. holding that our law prohibiting disability discrimination could be invoked by a person with asymptomatic hiv infection and recognizing that the 1989 definitional changes broadened the scope of protected status under our disability discrimination law id at n 5 E. holding disability determination is made at time of alleged discrimination not later when remedial measures are used to correct disability

assistant: The best answer is C. holding that cjlearly the purpose of our legal disability statute is to lift the burden of severe time restrictions or limitations from those under legal disability that is from those who do not have the ability and capacity to protect their rights existing under our laws
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 increased her sentence. Rule 35(c)(3)(C) requires a judge to always consider a defendant’s allocution when imposing sentence, even if the judge had previously announced a tentative sentence before the exercise of defendant’s right of allocution. See United States v. Mata-Grullon, 887 F.2d 23 (1st Cir.1989) (per curiam); see also United States v. Margiotti, 85 F.3d 100 (2d Cir.1996); United States v. Wolfe, 71 F.3d 611, 614-15 (6th Cir.1995); United States v. Laverne, 963 F.2d 235 (9th Cir. 1992). When a judge announces a sentence before hearing an allocution, it is fair to assume that such a sentence is tentative and that the judge will consider the defendant’s statements before imposing a final sentence. See Mata-Grullon, 887 F.2d at 25; see, e.g., Margiotti, 85 F.3d at 104 (<HOLDING>); Laverne, 963 F.2d 235 (holding the right to Options: A. holding that where original sentencing judge imposed a guidelines sentence defendant could not be sentenced as a habitual offender upon violation of probation B. holding that sentencing error is harmless if the error did not affect the district courts selection of the sentence imposed C. holding that in case where the sentencing judge forgot to give defendant opportunity to speak before announcing a sentence but then promptly rectified the error by allowing defendant to speak the sentence was not imposed until after defendant allocuted D. holding that a judge who imposes a more severe sentence after the original sentence is successfully attacked must affirmatively state objective reasons for the harsher sentence to ensure that vindictiveness against the defendant plays no part in the sentence he receives after a new trial E. holding that a defendant was not entitled to a relief under section 2255 when he asserted that the sentencing judge who was not the trial judge was influenced by the sentence imposed by the trial judge on a codefendant

assistant: The best answer is C. holding that in case where the sentencing judge forgot to give defendant opportunity to speak before announcing a sentence but then promptly rectified the error by allowing defendant to speak the sentence was not imposed until after defendant allocuted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement shall be declared to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remaining provisions hereof which shall remain in full force and effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: shall not impose or continue in effect any requirements for labeling or packaging in addition to or different from those required under this subchapter.” 5 . See generally N.Y. Uniform Commercial Code Law § 2-313(l)(a) (McKinney 1993) (stating that ”[a]ny affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise") 6 . An exception exists if the express warranty is EPA mandated. See infra, subsection ii. 7 . Worm v. American Cyanamid Co., 5 F.3d 744 (4th Cir.1993). 8 . Note that the First Circuit’s holding in King v. Collagen, 983 F.2d 1130 (1st Cir.1993), seems to support defendant's argument. See King, 983 F.2d at 1135 (<HOLDING>). With further analysis, however, we find that Options: A. holding that plaintiffs state claims were not preempted because defendant failed to show that these claims rested on standards other than those permitted by the fda B. holding that state claims for fraudulent submissions to the fda were preempted C. holding fraudulent representations to the fda could not sustain statelaw claims D. holding that state law claims involving fdca section 510k medical devices which are subjected to a relatively cursory approval process were not preempted because the fda had taken the position that its regulations only preempted claims involving section 360ec devises which go through a rigorous premarket approval process E. holding that express warranty claims that could only arise out of fda approval are preempted

assistant: The best answer is E. holding that express warranty claims that could only arise out of fda approval are preempted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution of this Amendment and the acceptance of all other agreements and instruments related hereto shall not be deemed to be a waiver of any Default or Event of Default under the Credit Agreements or a waiver of any breach, default or event of default under any Security Document or other document held by Wells Fargo, whether or not known to Wells Fargo and whether or not existing on the date of this Amendment.

assistant: No Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: CWOF entered for that first offense was vacated and replaced with a conviction as of the date that the admission to sufficient facts and CWOF was entered (May 1, 2000). A CWOF is the functional equivalent of a guilty plea. “Failure to comply with the conditions does not require the matter to be relitigated, because the defendant has already admitted to facts sufficient to prove guilt. A guilty verdict enters upon proof of failing to comply with the conditions, and the defendant is sentenced as if a guilty verdict had originally entered.” Commonwealth v. Berrios, 84 Mass.App.Ct. 521, 526 (2013). See also, Paquette v. Board of Appeals on Motor Vehicle Liability Policies and Bonds, Hampden Superior Court (Moriarty, J.), CA No. 10-909 (2011) (found at p. 127 of the Administrative Record) (<HOLDING>)(c)(4)). Finally, Burke’s argument flies in the Options: A. holding that for sentencing purposes the government does not need to allege a defendants prior conviction or prove the fact of a prior conviction where that fact is not an element of the present crime B. holding that a juvenile adjudication may be used as a prior conviction for apprendi purposes C. holding that a prior conviction obtained in violation of a defendants constitutional rights cannot be used as the underlying conviction in a prosecution under colorados felon with a gun statute D. holding that once the sentence imposed for a conviction has completely expired the collateral consequences of that conviction are not themselves sufficient to render an individual in custody for the purposes of a habeas attack upon it E. holding that violation of probation imposed on a cwof caused a replacement of the cwof with a conviction that qualified as a prior conviction for purposes of glc 90 24l

assistant: The best answer is E. holding that violation of probation imposed on a cwof caused a replacement of the cwof with a conviction that qualified as a prior conviction for purposes of glc 90 24l
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 addition to the actions specifically provided for elsewhere in this Agreement, each Party hereto shall execute and deliver such additional documents, instruments, conveyances and assurances and take, or cause to be taken, all actions, and to do, or cause to be done, all things reasonably necessary, proper or advisable to carry out the provisions of this Agreement and the Ancillary Agreements and give effect to the transactions contemplated by this Agreement and the Ancillary Agreements and the documents to be delivered hereunder and thereunder.

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: The State of California is an independent sovereign, which itself possesses the authority to enact legislation and thus to regulate the placement of tobacco vending machines, unless preempted by federal law. Before the enactment of section 300-x26, Congress did not regulate the sale of tobacco to minors. Since the field was legislatively unoccupied by the federal government, the states retained the power to so regulate. Section 300x-26(a)(1), by its very terms, does not indicate any preemption of the states’ power. Rather, it indicates that Congress did not want to itself impose an age restriction on the sale and distribution of tobacco, but rather wanted the states to continue to regulate in this field. Cf. Campbell v. Hussey, 368 U.S. 297, 82 S.Ct. 327, 7 L.Ed.2d 299 (1961) (<HOLDING>). Congress’s enactment of section 300x-26, Options: A. holding that the tobacco inspection act which imposed uniform standards of classification and inspection of tobacco sold at auction preempted the field and left no room for the georgia tobacco identification act which also imposed tobacco classification regulations B. holding that a statecreated liberty interest in ones classification may exist where classification imposes atypical and significant hardship C. holding that lack of notice regarding the classification of the disability did not prejudice the respondent D. holding that prisoner had no constitutionallyprotected liberty interest in prisoninmate classification system process where director of department of corrections retained unfettered discretion in classification and housing of prisoners E. holding that where the defendant challenges the use of documents purporting to establish the washington classification of an outofstate conviction the state must present additional evidence of the proper classification so as to carry its burden of proving the defendants criminal history by a preponderance of the evidence

assistant: The best answer is A. holding that the tobacco inspection act which imposed uniform standards of classification and inspection of tobacco sold at auction preempted the field and left no room for the georgia tobacco identification act which also imposed tobacco classification regulations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Lenders, each L/C Issuer, the Several L/C Agent and the Fronting Bank hereby irrevocably appoints Bank of America to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof and thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Article are solely for the benefit of the Administrative Agent, the Lenders, the L/C Issuers, the Several L/C Agent and the Fronting Bank, and the Borrower shall not have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable Law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for as set forth on Schedule 2.4, the execution, delivery and performance by the Company of the Related Agreements to which it is a party, the issuance and sale of the Preferred Securities hereunder and the issuance of the Common Stock upon conversion of the Preferred Securities and the consummation of the other transactions contemplated hereby and by the other Related Agreements to which the Company is a party does not and will not (i) conflict with or result in a breach of or constitute (alone or with due notice or lapse of time or both) a default under, give rise to a right of or result in any cancellation or acceleration of any right or obligation (including any payment) or violation of any of the terms or provisions of, or result in the creation or imposition of any lien, charge or encumbrance upon any property or asset of the Company or any of its subsidiaries, including any Equity Interest of the Company’s subsidiaries, now owned or subsequently acquired or formed, pursuant to, any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument, including secured Indebtedness, to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any property or asset of the Company or any of its subsidiaries is subject, (ii) result in any violation of the provisions of the charter or by-laws or similar organizational documents of the Company or any of its subsidiaries or (iii) result in the violation of any law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (i) and (iii) above, for any such conflict, breach, violation, default, lien, charge or encumbrance that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

assistant: No Conflicts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: address of each claimant, the particulars of the. claim, and the amount of the claim finally recommended, if any. (b) The court may approve, disapprove, or modify, the report on claims by the liquidator, except that the liquidator’s agreements with other parties shall be final and binding on the court to the extent permitted by law. Such recommendations as are not modified by the court within a period of sixty days following submission by the liquidator shall be treated by the liquidator as allowed recommendations, subject thereafter to later modification or to rulings made by the court pursuant to section 541 [40 P.S. § 221.41]. See also Foster v. Colonial Assurance Co., 668 A.2d 174 (Pa.Cmwlth.1995); Foster v. Mutual Fire, Marine & Inland Ins. Co., 581 Pa. 598, 614 A.2d 1086 (1992) (<HOLDING>). Section 537(b) and (c) of the Act, 40 P.S. § Options: A. holding that the language of 9133 applies only to insurers and not to the insurers employees B. recognizing a district judge may dismiss a case sua sponte under either rule 41b or its inherent authority to manage its docket C. recognizing that it is within authority of rehabilitator to establish claims bar date to effectively manage distressed insurers estate D. holding that admonishment for breach of insurers obligation to insured is not applicable to equitable share dispute between insurers E. holding that insurance department does not enjoy the openended authority to infringe upon insurers ability to manage their business

assistant: The best answer is C. recognizing that it is within authority of rehabilitator to establish claims bar date to effectively manage distressed insurers estate
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 will pay Executive as compensation for Executive’s services a Base Salary at the annualized rate of $800,000. The Base Salary will be reviewed at a minimum of once per year to ensure Executive’s total compensation is consistent with current market practices and in line with Executive’s performance. The Base Salary will be paid through payroll periods that are consistent with the Company’s normal payroll practices and will be subject to the usual and required withholding.

assistant: Base Salary