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: (Fla. 3d DCA 1997) (<HOLDING>); Vaughn v. AAA Emp’t, Inc., 511 So.2d 1045, Options: A. holding defendant had requisite contacts under section 481932 florida statutes where it solicited consulting and other services from a florida corporation in which a substantial amount of the services sought by defendant were performed in florida B. holding that the trial court properly exercised general jurisdiction over corporation that marketed distributed repaired and sold parts in florida and additionally provided continuous charter services in florida C. holding that defendants bank account and open line of credit in florida utilized to transfer money in international commerce was insufficient to confer jurisdiction under section 481932 florida statutes where defendant operated its business in honduras had no employees or agents in florida and did not advertise or solicit business in florida D. holding that no acts by the outofstate defendant would place her within the florida longarm statute in entering into a contract with a florida resident for an office to be run in mississippi E. holding that outofstate defendants who furnished intangibles and services in west virginia and ohio and entered into agreement in which a florida corporation served as financier and supervisor of enterprises business aspects did not submit themselves to florida jurisdiction

assistant: The best answer is E. holding that outofstate defendants who furnished intangibles and services in west virginia and ohio and entered into agreement in which a florida corporation served as financier and supervisor of enterprises business aspects did not submit themselves to florida jurisdiction
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 Guarantor agrees that, as between the Guarantor and the Protected Parties, an Obligation may be declared to be forthwith due and payable as provided under Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided therein) for purposes of Section 10.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantor for purposes of Section 10.01 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: on the claimed 200 hours. In addition, Scott has failed to explain how his position as a government lawyer translates to damages sufficient to meet the jurisdictional threshold. To the extent that Scott is implying that the underlying criminal proceedings could adversely affect his anticipated security clearance review in 2013, any damages in that regard are purely speculative. Finally, the Court is not persuaded that Scott’s arrest, custody, fingerprinting, detention in Illinois, or the alleged psychological damage that he suffered as a consequence gave rise to “embarrassment, damage to reputation, harassment, emo tional distress, loss of time, and other damages” supported by evidence or facts of specific injury. See, e.g., Lewis v. Weiss, 631 F.Supp.2d 1063, 1066 (N.D.Ill. 2009) (<HOLDING>). The Court therefore finds that these Options: A. holding that absent any actual evidence of injury the plaintiffs allegations were too vague to establish the jurisdictional floor for damages B. holding that allegations of reputational harm emotional harm emotional suffering and humiliation in addition to substantial legal expenses were too vague to establish the jurisdictional floor for damages absent any actual evidence of injury C. holding that actual damages under respa included emotional damages D. holding that even emotional damages could constitute actual damages for purposes of 2605f1a E. holding in a fcra case that plaintiffs may not rely on mere conclusory statements rather they must sufficiently articulate true demonstrable emotional distress including the factual context in which the emotional distress arose evidence corroborating the testimony of the plaintiff the nexus between the conduct of the defendant and the emotional distress the degree of such mental distress mitigating circumstances if any physical injuries suffered due to the emotional distress medical attention resulting from the emotional duress psychiatric or psychological treatment and the loss of income if any

assistant: The best answer is B. holding that allegations of reputational harm emotional harm emotional suffering and humiliation in addition to substantial legal expenses were too vague to establish the jurisdictional floor for damages absent any actual evidence of injury
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: Ballesteros had already had prior experience with this country’s legal system. On the facts of this case, the government’s evidence as to the voluntariness of Ballesteros’ reentry is both uncontested and persuasive, and it is clear beyond a reasonable doubt that the jury’s verdict would have been the same even with an instruction on voluntariness of the reentry. The government’s evidence, although circumstantial, is more than enough when weighed only against defense counsel’s imaginative speculations without a suggestion of evidentiary support in the record. Given the persuasive and uncontested evidence that Ballesteros’ reentry was voluntary, the district court correctly denied Ballesteros’ motion for judgment of acquittal. See United States v. Hinton, 222 F.3d 664, 669 (9th Cir.2000) (<HOLDING>). AFFIRMED. 3 . This disposition is not Options: A. holding that a verdict must be sustained against a sufficiency of the evidence challenge if any rational trier of fact could have found the essential elements of the charged crime beyond a reasonable doubt B. holding that on appeal a defendant no longer enjoys a presumption of innocence and that the relevant question is whether after viewing the evidence in the light most favorable to the prosecution any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt footnote and punctuation omitted C. holding that when conducting a legal sufficiency review the reviewing court should view the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt D. holding that evidence is sufficient to support a conviction if viewing the evidence in the light most favorable to the prosecution any rational trier of fact could have found the essential elements beyond a reasonable doubt E. holding that in evaluating sufficiency of the evidence in habeas corpus petitions we view the evidence in the light most favorable to the prosecution and determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt

assistant: The best answer is D. holding that evidence is sufficient to support a conviction if viewing the evidence in the light most favorable to the prosecution any rational trier of fact could have found the essential elements beyond a reasonable doubt
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 country). Kenyatta Harris, an employee at First American Cash Advance, testified that First American is a nationwide company that cashes checks and provides short-term loans and cash advances. Harris explained that, in order to receive a cash advance, customers provide two forms of identification, their most recent pay stub, and their most recent bank statement. Harris testified further that First American holds checks for cash, that those checks are usually drawn on nationwide banks such as Bank One or U.S. Bank, and that the cash stolen was used in the course of First American’s business to provide change for its customers. This evidence is sufficient to demonstrate a de minimis effect on interstate commerce. See United States v. Nutall, 180 F.3d 182, 186-87 (5th Cir.1999) (<HOLDING>). Whether the de minimis standard was met with Options: A. holding that the government can satisfy the hobbs act interstate commerce requirement by showing that the robbery resulted in the closure of a business engaged in interstate commerce B. holding that robbery of nationwide checkcashing company affected interstate commerce in violation of hobbs act C. holding that conviction for hobbs act robbery is constitutional so long as it has de minimis impact on interstate commerce D. holding that robbery of proceeds intended for purchase of cocaine affected interstate commerce E. holding that in the context of hobbs act prosecutions an indictment need not set forth facts alleging how interstate commerce was affected nor otherwise state any theory of interstate impact

assistant: The best answer is B. holding that robbery of nationwide checkcashing company affected interstate commerce in violation of hobbs act
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: at Lloyd's, 156 N.H. 333, 934 A.2d 517, 522 (2007); cf. Mo. Pac. R.R. Co. v. Int’l Ins. Co., 288 Ill.App.3d 69, 223 Ill.Dec. 350, 679 N.E.2d 801, 807 (1997) (employing the “continuous occurrence” rubric where workers suffered hearing loss attributable to many years of exposure to high noise levels). Justice SAYLOR, dissenting. I would dismiss this appeal as having been improvidently granted. My reasoning follows. In some lines of insurance law decisions, it is difficult to discern the degree to which the courts are applying conventional principles of contract construction or layering doctrinal innovations over salient policy terms based upon practical or equitable considerations. See, e.g., J.H. France Refractories Co. v. Allstate Ins. Co., 534 Pa. 29, 38, 626 A.2d 502, 507 (1993) (<HOLDING>). From my own point of view, I believe that it Options: A. holding that plaintiff bears burden of production as well as persuasion B. holding that medical evidence as to nexus to service expressed as very well might have been although not conclusive suffices to well ground claim C. holding that it is within the power of the legislature to determine that the community should be beautiful as well as healthy spacious as well as clean wellbalanced as well as carefully patrolled D. holding that exposure to asbestos as well as all phases of an ensuing disease independently trigger coverage E. holding that the fourth amendment protects property as well as privacy

assistant: The best answer is D. holding that exposure to asbestos as well as all phases of an ensuing disease independently trigger coverage
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: appeared, Plaintiffs counsel moved for default judgment. Instead of granting this motion, the court allowed Defendant to act pro se. In addition, the court intervened during the absence of Defendant’s counsel to prevent the admission of what it deemed to be irrelevant evidence. When defense counsel returned, the court explained to him what had occurred with respect to the "witnesses’ testimony and allowed defense counsel to confer with his client. Because of the lateness of the hour, defense counsel did not have to proceed with his examination of the witness on the stand until the following day. In the interest of judicial economy, a judge is not expected to wait indefinitely. See Norton v. Admin. Director of Court, State of Hawai'i, 80 Hawai'i 197, 201-02, 908 P.2d 545, 549-50, (1995) (<HOLDING>), reconsideration denied, 80 Hawai'i 357, 910 Options: A. holding that trial court did not abuse its discretion by denying motion for continuance when not in proper affidavit form B. holding the district court did not abuse its discretion in denying a second continuance until congress acted on the fsa and assuming error no prejudice exists because the fsa is not retroactive C. holding trial court did not abuse its discretion in denying a continuance to allow defendant to present mitigating evidence in the form of letters and affidavits from family members when they were not requested until the day before the hearing D. holding denial of continuance to be an abuse of discretion E. holding that the hearing officer did not abuse her discretion in denying a continuance because she acted within reason by accommodating the attorney

assistant: The best answer is E. holding that the hearing officer did not abuse her discretion in denying a continuance because she acted within reason by accommodating the attorney
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: policy, (DE 50, pg. 35), count 6 of the amended complaint is a claim for rescission of the life insurance policies based on “the brokers” fraudulent actions allegedly committed in violation of the brokerage agreements. (DE 50, pg. 33-34). This Court therefore RECOMMENDS that the District Court GRANT the Mo tion to Compel Arbitration as to Defendants Richardson and LBEG. See Provident Bank, 141 F.Supp.2d at 313-314 (granting motion to compel arbitration of claims including fraud, breach of fiduciary-duty, negligence, and rescission where arbitration clause provided that all disputes ‘arising out of the agreement were to be settled by arbitration, and because all the claims arose out of alleged breaches of duty imposed by the parties’ loan agreement); Sease, 697 F.Supp. at 1192-1193 (<HOLDING>) (citing Shearson Hayden Stone, Inc., 671 F.2d Options: A. holding that claims of breach of fiduciary duty negligence and fraud were subject to arbitration in light of broad arbitration clause which called for arbitration of any controversy arising out of or relating to this agreement breach thereof or any aecounts B. holding that trial court properly denied motion to compel arbitration of claims for fraud and unfair and deceptive trade practices because arbitration clause in agreement only applied to indemnification claims and there were no other arbitration clauses in agreement C. holding that a clause covering any controversy or claim related directly or indirectly to this agreement was a broad arbitration clause D. holding that a clause requiring arbitration of any controversy or claim that shall arise out of this agreement or the breach thereof was sufficiently broad to cover a 1934 securities act claim involving fraudulent misrepresentation E. holding that the language of the arbitration clause any controversy or claim arising out of was broad enough to encompass the plaintiffs claim alleging fraud in the inducement of the contract

assistant: The best answer is A. holding that claims of breach of fiduciary duty negligence and fraud were subject to arbitration in light of broad arbitration clause which called for arbitration of any controversy arising out of or relating to this agreement breach thereof or any aecounts
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 consideration for the above, BTC, on its behalf, its successors, assigns and Affiliates, whether past, present or future, hereby releases and forever discharges Endo and its successors, assigns, and Affiliates, from any and all claims, demands, actions, suits or causes of action, known or unknown, arising under the Agreement for mark-up on Cost of Goods payments for the Partner II Tenitory and the Japan Tenitory. In consideration for the above, Endo, on its behalf, its successors, assigns and Affiliates, whether past, present or future, hereby releases and forever discharges BTC and its successors, assigns, and Affiliates, from any and all claims, demands, actions, suits or causes of action, known or unknown, arising under the Agreement for mark-up on Cost of Goods payments for the Partner II Tenitory and the Japan Territory.

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 legal provision and list the applicable contract clause categories. Provision: In the event of the consummation or public announcement of any Offering, Wainwright shall have the right to disclose its participation in such Offering, including, without limitation, the Offering at its cost of "tombstone" advertisements in financial and other newspapers and journals.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: vivino makes no representations concerning any content contained in or accessed through the service , and vivino will not be responsible or liable for the accuracy , copyright compliance , legality or decency of material contained in or accessed through the service .

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 348 U.S. 1 75 S.Ct. 6 99 L.Ed. 3 In re Disbarment of Abraham J. ISSERMAN. No. 5, Misc. Decided Oct. 14, 1954. PER CURIAM. 1 April 6, 1953, an order was entered disbarring Isserman from the practice of law in this Court pursuant to Rule 2, par. 5, of this Court's Rules then in effect. See In re Isserman, 345 U.S. 286, 73 S.Ct. 676, 97 L.Ed. 1013. The order of disbarment is now before us on a petition for rehearing. Rule 8 of our present Rules, 28 U.S.C.A., provides that 'no order of disbarment will be entered except with the concurrence of a majority of the justices participating.' The petition for rehearing is granted. A majority of the Justices participating do not find ground for disbarment of Isserman. Accordingly, the former order of disbarment is set aside and the rule against Isserman to show cause is discharged. 2 Mr. Justice BURTON, with whom Mr. Justice REED and Mr. Justice MINTON join, dissents for the reasons stated in the opinion announced by Mr. Chief Justice VINSON, April 6, 1953, in In re Isserman, 345 U.S. 286, 73 S.Ct. 676. 3 Mr. Justice REED also calls attention to his dissent in Sacher v. Association of the Bar, 347 U.S. 388, 390, 74 S.Ct. 569, 571. 4 The CHIEF JUSTICE and Mr. Justice CLARK did not participate in the consideration or decision of this matter.

assistant: 6
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, once executed by the parties will constitute the entire agreement between the parties relating to the employment of the Executive and supersedes any prior agreements, whether written or oral. No amendment to these terms will be effective unless in writing and signed by both parties.

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 parties agree that certain matters in which the Executive will be involved during the Employment Period may necessitate the Executive's cooperation in the future. Accordingly, during the twenty-four (24) month period following the termination of the Executive's employment for any reason, to the extent reasonably requested by the Company, the Executive shall cooperate with the Company, the Company Affiliates and its or their counsel, in connection with matters arising out of or relating in any way to the Executive's service to the Company and the Company Affiliates, including information requests relating to the business or affairs of the Company or any Company Affiliate, as well as any investigation, litigation, arbitration or other proceeding related to the business or affairs of the Company or any Company Affiliate, other than in connection with any dispute between the Executive and the Company or any Company Affiliate; provided that, the Company shall make reasonable efforts to minimize disruption of the Executive's other activities, including limiting Executive’s travel to the extent reasonably possible. The cooperation includes the Executive making himself available for reasonable periods of time (with due regard for his other commitments) upon reasonable notice to the Executive in any such litigation or investigation and providing testimony before or during such litigation or investigation. The Executive shall be entitled to a per diem amount based on the Executive’s then-prevailing rate of compensation for any cooperation that the Executive provides at the Company’s election. In addition, the Company shall reimburse the Executive for reasonable out-of-pocket expenses incurred in connection with such cooperation.

assistant: Cooperation
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 alter or amend judgment did not fill the gap. With the case already on appeal, the district court denied Experian’s motion on jurisdictional grounds but suggested that it would grant Experian’s motion if it still had jurisdiction, staying its prior order to file the documents in the public record pending our resolution of the appeal. According to the district court, Phillips would govern the motion and good cause existed for placing Experian’s documents under seal. Because the documents at issue here were attached to a dispositive motion, however, Phillips does not provide the proper standard. A determination by the district court that good cause exists for sealing Experian’s documents does not establish that there are “compelling reasons” to do so. See Kamakana, 447 F.3d at 1180 (<HOLDING>). Instead, the court must decide whether Options: A. holding that a good cause showing will not suffice to fulfill the compelling reasons standard that a party must meet to rebut the presumption of access to dispositive pleadings and attachments B. holding that to gain a protective order the party must make particularized showing of good cause with respect to any individual document C. holding that intervening conduct may be used to rebut the presumption of vindictiveness D. holding that once a court has found good cause to protect material from public disclosure there is no longer any commonlaw right of access to this material and the party seeking disclosure must present sufficiently compelling reasons why the sealed discovery document should be released E. holding that the burden of showing that a harm will result from disclosure is on the party that seeks nondisclosure rather than on the party that seeks access

assistant: The best answer is A. holding that a good cause showing will not suffice to fulfill the compelling reasons standard that a party must meet to rebut the presumption of access to dispositive pleadings and attachments
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 Agreement shall be governed by and construed in accordance with the laws of the [ * ] , without regard to the conflict of law principles thereof that may dictate application of the laws of any other [ * ] , or the [ * ] as applicable.

assistant: Applicable 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: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. If any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision hereof. Paragraph and Section headings throughout this Agreement are solely for the convenience of the parties and are intended to have no legal meaning in and of themselves. Where the context requires, the masculine, feminine and neuter genders may be substituted for one another, as may be the singular for the plural number, and vice versa. This contract shall be binding upon and shall inure to the benefit of the parties and their permitted successors and assigns.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that the Executive breaches any of the restrictions in this Paragraph 8, the Executive shall forfeit all of the applicable payments and benefits under this Agreement, including but not limited to such payments and benefits pursuant to Paragraph 7 (except those contained in Paragraph 7A or as otherwise prohibited by law), and the Employer shall have the right to recapture and seek repayment of any such applicable payments and benefits under this Agreement. The Employer and the Executive acknowledge that the remedy set forth hereunder is not to be considered a form of liquidated damages and the forfeiture, recapture or repayment shall not be the exclusive remedy hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed electronically by email and in counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

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: See California ex rel. Cooper v. Mitchell Bros.’ Santa Ana Theater, 454 U.S. 90, 92, 102 S.Ct. 172, 70 L.Ed.2d 262 (1981); see also Ashcroft v. American Civil Liberties Union, 542 U.S. 656, 679, 124 S.Ct. 2788, 159 L.Ed.2d 690 (2004) (Scalia, J., dissenting) (defining “prurient interest” as “seek[ing] a sexual response from”). Whether an image appeals to a prurient interest is a question of fact for a jury to determine. See Smith v. United States, 481 U.S. 291, 300-01, 97 S.Ct. 1756, 52 L.Ed.2d 324 (1977) ( ss of whether or not they subjectively wish to view sexually explicit or obscene materials, may be treated by the State as legally unable to consent to do so. See, e.g., Erznoznik v. City of Jacksonville, 422 U.S. 205, 212-14, 214 n. 10-11, 95 S.Ct. 2268, 45 L.Ed.2d 125 (1975) (<HOLDING>). Such is the case under 18 U.S.C. § 1470, in Options: A. recognizing the states undoubted police power to protect children its power to adopt more stringent controls on communicative materials available to youths than on those available to adults and its ability to suppress from minors material obscene as to them B. recognizing broad district court discretion to stay proceedings as an incident to its power to control its docket C. holding that the power to terminate a contract atwill subsumes the power to modify its terms D. holding that the subpoena power of a court cannot be more extensive than its jurisdiction E. recognizing the federal courts ability to impose inherent power sanctions on parties

assistant: The best answer is A. recognizing the states undoubted police power to protect children its power to adopt more stringent controls on communicative materials available to youths than on those available to adults and its ability to suppress from minors material obscene as to them
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 language used in this Amendment will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party. The headings of sections of this Amendment are for convenience of reference only and shall not affect its meaning or construction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall remain in effect for the Term. If the Agreement is in effect at the end of the Initial Term, the Term shall be renewed automatically for successive twelve-month periods unless and until one party gives written notice to the others of its or her intent not to extend this Agreement with such written notice to be given not less than ninety (90) days prior to the end of the Initial Term or any such twelve-month period. In the event such notice of non-extension is properly given, this Agreement shall terminate at the end of the remaining Term then in effect, subject to earlier termination in connection with the termination of the Executive’s employment pursuant to Section 4 hereof. In the event that either party provides timely notice of non-renewal of the Agreement, but the Executive continues to provide services to the Employer as an employee following the expiration of the then Term, such post-expiration employment shall be deemed to be performed on an “at-will” basis and either party may thereafter terminate such employment with or without notice and for any or no reason and without any obligations determined by reference to this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower will execute and deliver all such further instruments and do all such further acts and things as Lender may reasonably request in order to fully effectuate the purposes, terms and conditions of this Agreement and the consummation of the transactions contemplated hereby including, without limitation, giving all Obligors written notification of its assignment of Accounts to Lender.

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: be overcome. The Director Defendants counter that Delaware state courts frequently dismiss duty of care claims based on a DGCL § 102(b)(7) exculpatory defense at the motion to dismiss stage of a suit. See, e.g., Malpiede v. Townson, 780 A.2d 1075, 1094 (Del.2001). Yet, those Delaware courts were interpreting Delaware state procedural rules. The Director Defendants incorrectly assume that Delaware’s procedural rules concerning a motion to dismiss are equivalent to the Federal Rules of Civil Procedure. As the Third Circuit stated, “Delaware cases are legion requiring specific allegations of fact to support a plaintiffs demand for relief under Chancery Rule 8.” Tower Air, 416 F.3d at 236; see also Notinger v. Costa. (In re Robotic Vision Systems, Inc.), 374 B.R. 36, 44 (Bankr.D.N.H.2007) (<HOLDING>). Relying on Delaware state court decisions, Options: A. holding that if a state case explicitly states that the state standard is more favorable to the defendant than the federal standard the federal claim is considered adjudicated below when the state standard is applied B. recognizing that the federal pleading standard is a less stringent standard than the delaware pleading standard C. holding the pslra standard for pleading scienter is more stringent than the second circuits standard prior to the act and that motive and opportunity is not an independent basis to show defendants had scienter D. holding that a court may not apply a heightened pleading standard more stringent than the usual pleading requirements of rule 8 in civil rights cases alleging municipal liability under 1983 E. holding that state courts must apply the federal pleading standard in fela cases

assistant: The best answer is B. recognizing that the federal pleading standard is a less stringent standard than the delaware pleading standard
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: charge. Appellants objected to the submission of special issues on the use of a deadly weapon at any stage of the trial, but they particularly argued that if such special issues were to be submitted they should be submitted during the punishment stage of trial. Appellants argued at trial, as they do on appeal, that the deadly weapon issue is clearly an issue to be decided during punishment and that it would be inappropriate to submit such an issue during the guilt-innocence stage of trial. However, this argument is inaccurate. See Luken v. State, 780 S.W.2d 264, 268 (Tex.Crim.App.1989) (acknowledging that Court of Criminal Appeals has never said deadly weapon issue must be resolved at punishment stage of trial); McIntosh v. State, 865 S.W.2d 753, 771 (Tex. App.—Dallas 1993, pet. refd) (<HOLDING>). In fact, the clear wording of sections 4(a) Options: A. holding party may raise jurisdictional issue at any stage of proceedings B. holding that trial court is not prohibited from submitting special issue on use of a deadly weapon at the guiltinnocence stage of trial C. holding that the application of the fair use doctrine at the pleading stage is appropriate D. holding that the filing of a motion for a new trial is a critical stage of the prosecution and that an indigent defendant is constitutionally entitled to the assistance of counsel at that stage E. holding if a deposition is taken for discovery only not for use at trial the deposition is not a stage of trial for which the defendant must be present

assistant: The best answer is B. holding that trial court is not prohibited from submitting special issue on use of a deadly weapon at the guiltinnocence stage of trial
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: if we do decide to moderate an interactive service , we will make this clear before you use the service and normally provide you with a means of contacting the moderator , should a concern or difficulty arise .

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: Upon execution and delivery of a counterpart hereof by each of the parties hereto, and the satisfaction of the conditions precedent set forth in Section 7 hereof, this Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns (including any trustee in bankruptcy).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in separate counterparts, each of which is deemed to be an original and all of which taken together constitute one agreement. Counterparts may be transmitted and/or signed by facsimile or electronic mail. The effectiveness of any such documents and signatures shall have the same force and effect as manually signed originals and shall be binding on the parties to the same extent as a manually signed original thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Employee’s right to the shares of Restricted Stock awarded under this Agreement as to which the restrictions have not lapsed shall cease and terminate immediately upon Employee’s termination of employment with Macatawa Bank Corporation or any of its subsidiaries during the Restricted Period for any reason other than Employee’s death or disability.

assistant: General
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 Schedule 4.8A , each of the Borrower and its Restricted Subsidiaries has good title in fee simple to, or a valid leasehold interest in, all of its Real Property, and good title to, or a valid leasehold interest in, all of its other Property (other than Intellectual Property), in each case, except where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and none of such Property is subject to any Lien, except as permitted by the Loan Documents. Schedule 4.8B lists all Real Property owned in fee simple with a Fair Market Value in excess of $10,000,000 by any Loan Party as of the Closing Date.

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: This Release may be executed, including execution by facsimile signature, in one or more counterparts, each of which shall be deemed an original, and all of which together shall be deemed to be one and the same instrument.

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: to stand trial deprives him of his due process right to a fair trial.” Lovelace, 140 Idaho at 62, 90 P.3d at 287 (citing Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815 (1966)); see also I.C. § 18-210. The test for competency to stand trial is “[w]hether a defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and whether he has a rational, as well as factual, understanding of the proceedings against him.” 601 (2006) (remanding for retrospective competency hearing at which defendant was to “have the burden to show incompetency by a preponderance of the evidence”); People v. Ary, 51 Cal.4th 510, 120 Cal.Rptr.3d 431, 246 P.3d 322, 329 (2011) cert. denied, — U.S. -, 132 S.Ct. 136, 181 L.Ed.2d 56 (2011) (<HOLDING>). Id. The general rule in other jurisdictions Options: A. holding that due process guarantees were not violated where a defendant was excluded from a witness competency hearing and noting that the hearing did not concern the witnesses substantive testimony B. holding that the erroneous failure to hold a pretrial competency hearing can be cured by a meaningful retrospective hearing C. holding that the state does not have to prove a defendants competency to stand trial D. holding that once the feasibility of a retrospective hearing is determined requiring a criminal defendant to prove at a retrospective mental competency hearing that he was incompetent when tried earlier does not violate the defendants due process rights E. holding the statutory burden is on the defendant to prove he is incompetent to stand trial

assistant: The best answer is D. holding that once the feasibility of a retrospective hearing is determined requiring a criminal defendant to prove at a retrospective mental competency hearing that he was incompetent when tried earlier does not violate the defendants due process rights
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: (“These rules satisfy section 276 by identifying the party liable for compensation and establishing a mechanism for PSPs to be paid.”); APCC SERVS., 20 F.C.C.R.2084, ¶ 25, 2005 WL 235800 (refusing to accept an argument that “conflicts with the Commission’s reasoned decision to place responsibility on facilities-based carriers only”). Here, imposing a duty that may make carriers liable for calls for which other carriers are responsible would be inconsistent with the Commission’s careful assignment of liability. We do not hold that state law remedies — for example, damages for breach of an express contract relating to payphone services — would be preempted simply because they provide recovery in amounts more than the contractual or default per-call amount. See Bates, 125 S.Ct. at 1800-01 (<HOLDING>). Here, however, where Plaintiff seeks to Options: A. holding that entry of summary judgment while a motion for additional discovery was pending should be construed as an implicit denial of the motion for additional discovery B. holding that general allegations of a need for additional discovery will not suffice the person presenting such a claim must show what discovery has been obtained why it is inadequate and the what additional information he expects to obtain from additional discovery C. holding that tolling does not apply to additional defendants who were not named in the class action D. holding that an additional remedy does not constitute an additional requirement E. holding that it was within the trial courts discretion to refuse any additional discovery and that the courts refusal to allow additional discovery was not an abuse of discretion

assistant: The best answer is D. holding that an additional remedy does not constitute an additional 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 legal provision and list the applicable contract clause categories. Provision: This Agreement, together with the Loan Documents and the Hedging Facility Documents, states the complete agreement of the parties relating to the subject matter hereof and thereof and supersedes all oral negotiations and prior writings relating to the subject matter hereof or thereof. This Agreement constitutes a “Loan Document” under the Credit Agreements and a “Hedging Facility Document” under the Hedging Facility 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: The assets used in the Transaction (1) are not assets of any “plan” (as such term is defined in Section 4975 of the U.S. Internal Revenue Code (the “ Code ”)) subject to Section 4975 of the Code or any “employee benefit plan” (as such term is defined in Section 3(3) of the U.S. Employee Retirement Income Security Act of 1974, as amended (“ ERISA ”)) subject to Title I of ERISA, and (2) do not constitute “plan assets” within the meaning of Department of Labor Regulation 2510.3-101, 29 CFR Section 2510-3-101.

assistant: Erisa
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 Credit Party is duly and validly organized and existing and in good standing under the laws of its jurisdiction of incorporation or formation and is authorized to do business and is in good standing in all jurisdictions in which such qualifications or authorizations are necessary except where the failure to be so qualified or authorized could not reasonably be expected to result in a Material Adverse Change. As of the Effective Date, each Credit Party’s type of organization and jurisdiction of incorporation or formation are set forth on Schedule 4.1.

assistant: Organizations
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: operations” test and other federal choice-of-law requirements are fulfilled. See Guerra v. Selsdon Mar. Corp., 711 So.2d 1298, 1298 (Fla.Ct.App.1998) (“Even if ... the action is properly maintainable under the Jones Act on the principle adopted in [Rhoditis], the trial court correctly concluded that forum non conveniens is applicable to such an action in the Florida state courts ....”) (internal citations omitted); see also perations” requirement fulfilled where record reflected that the defendants maintained offices in Florida and New York, operated cruise ships out of two ports in Florida and elsewhere in the U.S., offered special rates to customers in the Continental United States, and employed shipping agents and a doctor in Ft. Lauderdale, Florida); cf. Cooper, 575 F.3d at 1178 (<HOLDING>); Membreño v. Costa Crociere S.p.A., 425 F.3d Options: A. holding that us are accorded wide latitude in calendar management and the court will not micromanage their scheduling decisions any more than when it reviews such decisions by district judges B. holding base of operations requirement fulfilled where defendant kept its largest office in new york was 95 owned by a us domiciliary who had lived in the united states for twentyfive years and derived its entire income from shipping cargo to or from the united states C. holding that the courts jurisdiction is limited to the appeal of final board decisions that are adverse to the claimant D. holding that the puc does not have the authority to regulate or control the management decisions of a utility absent a finding that the management decision would adversely affect the public E. holding base of operations requirement unmet absent information demonstrating that the us is where the defendants operations occur management decisions are made or revenues are generated

assistant: The best answer is E. holding base of operations requirement unmet absent information demonstrating that the us is where the defendants operations occur management decisions are made or revenues are generated