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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: deliveroo seeks to provide a quality service and will be the first contact in event in there is a problem with your meal either in regards to food quality and/or temperature .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was inconsistent with the large amount of blood at the crime scene. Detective Garretson also testified that an informant told him appellant said she hid her bloody clothes at an abandoned house. The jury had the duty to resolve the conflicting evidence in this case. See Anderson v. State, 701 S.W.2d 868, 872-73 (Tex.Crim.App.1985). “Simply because the jury found appellant’s evidence unconvincing is not grounds for finding insufficient evidence to support the verdict.” Id. Detective Garretson’s expert testimony discredited appellant’s statements that a third person was present, that she hit the complainant (but did not stab him) and that she was wearing the unstained clothes and shoes at the crime scene. See Barcenes v. State, 940 S.W.2d 739, 745 (Tex. App.-San Antonio 1997, pet. ref d) (<HOLDING>). If the jury believed appellant attempted to Options: A. holding evidence that appellant tried to cover up his actions and expert medical testimony discrediting appellants explanation of inju ries was sufficient to sustain murder conviction B. holding that the uncorroborated testimony of an informant may be sufficient to sustain a conviction C. holding proof of possession of stolen goods is sufficient evidence to sustain conviction for theft D. recognizing that if there is evidence upon which one may reasonably infer an element of the crime the evidence is sufficient to sustain that element and where reasonable minds could differ the evidence is sufficient to sustain a conviction E. holding that uncorroborated testimony of one witness is sufficient by itself to sustain a conviction

assistant: The best answer is A. holding evidence that appellant tried to cover up his actions and expert medical testimony discrediting appellants explanation of inju ries was sufficient to sustain murder conviction
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 Master Combination Agreement and the Confidentiality Agreements) constitutes the entire agreement and supersedes all prior agreements and understandings, both written and oral, among the parties with respect to the subject matter hereof and is not intended to confer upon any Person other than the parties hereto any rights or remedies hereunder. This Agreement is intended to create a contractual relationship among each Stockholder and Jaguar, and is not intended to create, and does not create, any agency, partnership, joint venture or any like relationship among any of the parties hereto. Without limiting the generality of the foregoing, none of the Stockholders or Jaguar, by entering into this Agreement, intends to form a “group” for purposes of Rule 13d-5(b)(1) of the Exchange Act or any other similar provision of applicable Law with each other or any other stockholder of the Company.

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: Each Seller Product has been in conformity with all applicable Contract commitments and all express and implied warranties provided therefor. Neither Seller nor any of its Subsidiaries has any Liability (and to the knowledge of Seller, there is no current reasonable basis for any present or future Action or Proceeding against Seller or its Subsidiaries giving rise to any Liability) for replacement or repair thereof or other damages in connection therewith. No Seller Product is subject to any guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale, license or lease set forth in the Contract between Seller and each of its customers (complete and correct copies of which have been provided to Buyer or its counsel).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the other Loan Documents contain the entire agreement of the parties hereto and thereto in respect of the transactions contemplated hereby and thereby, and all prior agreements among or between such parties, whether oral or written between Borrower and Bank are superseded by the terms of this Agreement and the other Loan Documents.

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 case excerpt and choose the best holding from the options. Case excerpt: the steel rods. According to the contract between SST and LeBlanc & Royle, the latter was to “Provide, Fabricate, Galvánize & Deliver to the site all materials per” certain specifications. The contract then outlines certain design and manufacturing specifications. Therefore, with respect to the tower, the exception to the exclusion does apply. Id. at 1239-1240 (citations omitted). On appeal, the United States Court of Appeals for the Eighth Circuit affirmed the district court’s decision that the manufacturer of prefabricated steel rods was a subcontractor for purposes of the exception to the “yóur work” exclusion. Nat’l Union Fire Ins. Co. v. Structural Sys. Tech., Inc., 964 F.2d 759, 763 (8th Cir.1992). See also Wanzek Constr., Inc. v. Employers Ins., 679 N.W.2d 322, 329 (Minn.2004) (<HOLDING>). Upon reviewing the cases cited by the Options: A. holding that your work exclusion is triggered only where the damage at issue is to work performed by you and is caused by work performed by you and does not apply to damage caused to original construction of a house during later repair work B. holding that for purposes of statutory construction expression of one thing is the exclusion of the other C. holding that subcontract requirement that work be performed in accordance with specifications in prime contract meant that prime contract governed the manner of the performance of the work not the basis for computing the amount to be paid the subcontractor D. holding that a supplier of coping stones for a new swimming pool was a subcontractor for purposes of the your work exclusion since the supplier custom manufactured the coping stones to the architects specifications and provided onsite supervision in connection with the installation E. holding that the unambiguous terms of the your work exclusion do not eliminate coverage for harm done to a subcontractors work

assistant: The best answer is D. holding that a supplier of coping stones for a new swimming pool was a subcontractor for purposes of the your work exclusion since the supplier custom manufactured the coping stones to the architects specifications and provided onsite supervision in connection with the installation
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: Baty further stated that Booth’s representation to Baty was the reason that a warranty and representation to that effect was expressly included in the sale agreements. Howard & Howard communicated its representations via telephone calls and emails. Although the two paragraphs cobble together a few details, they fail to give even one date on which an alleged misrepresentation occurred. That alone dooms ABI’s ability to allege fraud with particularity. See Heinrich, 668 F.3d at 393 (finding that a plaintiff failed to allege fraud with sufficient particularity because she “d[id] not include [in her affidavit] the date she received the allegedly fraudulent email from the defendants.”); see also United States ex rel. Bledsoe v. Cmty. Health Sys., Inc., 501 F.3d 493, 504-05 (6th Cir. 2007) (<HOLDING>); United States ex rel. Hirt v. Walgreen Co., Options: A. holding that the pleading standard set forth in twombly applies to all civil actions B. holding that defendants failed to carry burden of proof to show that plaintiffs failed to mitigate damages when among other things they offered no evidence contradicting the plaintiffs evidence C. holding that pleading was insufficient where the plaintiff failed to among other things set forth the dates of any fraudulent statements D. holding that plaintiff had no jurisdiction in federal court because she failed to allege a state law claim but declining to discuss pleading requirement to set forth charge of discrimination E. holding that defendant did not breach oral agreement because among other things the plaintiff had not established that the term in question was part of the oral contract

assistant: The best answer is C. holding that pleading was insufficient where the plaintiff failed to among other things set forth the dates of any fraudulent statements
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties to each assignment shall execute and deliver to the Agent an Assignment and Assumption, together with a processing and recordation fee of $3,500; provided , however , that the Agent may, in its sole discretion, elect to waive such processing and recordation fee in the case of any assignment. Except as otherwise provided in Section 10.13 , such processing and recordation fees, together with the costs and expenses of the Agent incurred in connection with the execution and delivery of such Assignment and Assumption, shall be paid by either the assignor or the assignee. The assignee, if it is not a Lender, shall deliver to the Agent an Administrative Questionnaire.

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: Such Purchaser or, the individual(s) executing and delivering this Agreement on behalf of such Purchaser, has all necessary power and authority to execute, deliver and perform its obligations under this Agreement, and the execution, delivery and performance by such Purchaser of this Agreement has been duly authorized by all necessary action on the part of such Purchaser. Upon the execution and delivery of this Agreement by such Purchaser or individual on behalf of such Purchaser, this Agreement will be a valid and binding obligation of such Purchaser. If such Purchaser is an entity, such Purchaser has been duly organized and is validly existing and in good standing under the laws of the jurisdiction in which it was organized, and was not formed for the specific purpose of acquiring the Purchased Shares.

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: Any Lender may at any time, without the consent of, or notice to, the Borrower or the Administrative Agent, sell participations to any Person (other than a natural Person (or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of a natural Person), a Defaulting Lender or the Borrower or any of the Borrower’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lender’s participations in L/C Obligations and/or Swing Line Loans) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrower, the Administrative Agent, the Lenders and the L/C Issuer shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 11.04(c) without regard to the existence of any participation.

assistant: Participations
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: that Mendez was responsible for the distribution of 139 kilograms of crack cocaine. This finding of fact maintained Mendez’s base offense level at 38, which did not lower his sentencing range. See Leniear, 574 F.3d at 673-74. Mendez also contends that the district court procedurally erred in imposing his sentence by failing to address his mitigating argument and to adequately explain the reasons for declining to impose a lower sentence. He further contends that his guideline sentence is substantively unreasonable in light of his limited involvement in the conspiracy. Mendez’s arguments are foreclosed by Dillon v. United States, -U.S.-, 180 S.Ct. 2683, 2690-94,177 L.Ed.2d 271 (2010) (<HOLDING>). AFFIRMED. ** This disposition is not Options: A. holding that booker and kimbrough do not apply to 3582c2 proceedings and that booker and kimbrough do not prohibit the limitations on a judges discretion in reducing a sentence imposed by 3582c2 and the applicable policy statement by the sentencing commission B. holding that issues that do not apply to retroactive guidelines amendments are not cognizable under 3582c2 C. holding that bookeys holdings do not apply to section 3582c2 proceedings and therefore do not require treating section lb110b as advisory D. holding that proceedings under 3582c2 do not constitute a full resentencing of the defendant E. holding that booker and kimbrough do not apply at resentencing proceedings under 3582c2

assistant: The best answer is C. holding that bookeys holdings do not apply to section 3582c2 proceedings and therefore do not require treating section lb110b as advisory
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 a breach or threatened breach by the Executive of any of Sections 7 through 9 of this Agreement, the Executive hereby consents and agrees that the Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief . In the event, the Execu tive breaches any of his obligations contained in any of Sections 7 through 9, the Company shall be entitled to an award of its costs, reasonable attorneys’ and expert witness fees, and out-of-pocket expenses incurred in obtaining a judgment or order against the Executive in addition to any to other relief awarded to the Company.

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 legal provision and list the applicable contract clause categories. Provision: Employee acknowledges that Employee has read this Agreement, that Employee is fully aware of its contents and its legal effect, that the preceding paragraphs recite the sole consideration for this Agreement, that all agreements and understandings between the parties regarding the subject matter of this Agreement are embodied and expressed herein, in Employee’s equity award agreements, and in the Severance Agreement, and that Employee has been afforded ample opportunity to consider this Agreement and enters into this Agreement freely, knowingly, and without coercion and not in reliance upon any representations or promises made by Adient or any Affiliated Entity, or their agents, other than those contained herein.

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: Executive agrees that the Company does not have an adequate remedy at law for the breach of this section and agrees that he shall be subject to injunctive relief and equitable remedies as a result of the breach of this section. The invalidity or unenforceability of any provision of this Agreement shall not affect the force and effect of the remaining valid portions. No alleged breach or breach of this Section 11 shall give the Company the right to withhold or offset against any payments or benefits due the Executive under this Agreement.

assistant: Specific Performance
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: You acknowledge that, subject to applicable law, all discoveries, concepts, ideas, inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, patent applications, copyrightable work and mask work (whether or not including any confidential information) and all registrations or applications related thereto, all other proprietary information and all similar or related information (whether or not patentable) which relate to the Company or any of its subsidiaries’ or affiliates’ actual or anticipated business, research and development or existing or future products or services and which are conceived, developed or made by you (whether alone or jointly with others) in the course of providing your services to the Company and its subsidiaries and affiliates ( “Work Product ”), belong to the Company or such subsidiary or affiliate to the extent that any of the foregoing does not constitute VMware intellectual property rights or confidential information under your obligations to VMware. You shall promptly disclose such Work Product to the Board and, at the Company’s expense, perform all actions reasonably requested by the Board (whether during or after the term of your engagement) to establish and confirm such ownership (including, without limitation, assignments, consents, powers of attorney and other instruments). You acknowledge that all Work Product shall be deemed to constitute “works made for hire” under the U.S. Copyright Act of 1976, as amended.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: neither airbnb nor any other party involved in creating , producing , or delivering the airbnb platform or collective content will be liable for any incidental , special , exemplary or consequential damages , including lost profits , loss of data or loss of goodwill , service interruption , computer damage or system failure or the cost of substitute products or services , or for any damages for personal or bodily injury or emotional distress arising out of or in connection with ( i ) these terms , ( ii ) from the use of or inability to use the airbnb platform or collective content , ( iii ) from any communications , interactions or meetings with other members or other persons with whom you communicate , interact or meet with as a result of your use of the airbnb platform , or ( iv ) from your publishing or booking of a listing , including the provision or use of a listing 's host services , whether based on warranty , contract , tort ( including negligence ) , product liability or any other legal theory , and whether or not airbnb has been informed of the possibility of such damage , even if a limited remedy set forth herein is found to have failed of its essential purpose .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the other provisions of this Agreement, Shipper shall pay Gatherer each Month in accordance with the terms of this Agreement, for all Services provided by Gatherer during such Month, an amount equal to the sum of the fees (collectively, the “ Fees ”) set forth on Exhibit I .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a "jurisdictional element which would ensure, through case-hy-case inquiry,” that the defendant's particular offense "affects interstate commerce.” Lopez, 514 U.S. at 561, 115 S.Ct. at 1631; see also United States v. Olin Corp., 107 F.3d 1506, 1509 (11th Cir.1997). The conclusion that Lopez does not require an individualized finding of "substantial effect" to sustain a conviction under § 844(i)’s second prong is consistent with the holdings of several other circuits. See, e.g., United States v. Tocco, 135 F.3d 116, 123-24 (2d Cir.) (rejecting the contention that Lopez requires the government to show a substantial effect on interstate commerce for purposes of § 844(i)), cert. denied, - U.S. -, 118 S.Ct. 1581, 140 L.Ed.2d 795 (1998); United States v. Hicks, 106 F.3d 187, 190 (7th Cir.) (<HOLDING>), cert. denied, U.S. , 117 S.Ct. 2425, 138 Options: A. holding after lopez that the interstate nexus element of the hobbs act still requires the government to show only a minimal connection to interstate commerce B. recognizing power of states to engage in some regulation of interstate commerce C. holding that the connection between the robbery and interstate commerce was much more direct than in wang because at the time of the robbery the victim in walker was selling illegal drugs that had traveled through interstate commerce D. 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 E. holding that 844i requires the government only to establish a minimal connection between the property at issue and some aspect of interstate commerce

assistant: The best answer is E. holding that 844i requires the government only to establish a minimal connection between the property at issue and some aspect of interstate commerce
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests, demands and other communications required or permitted under this Agreement shall be in writing (including email or other written electronic communication) and shall be deemed to have been duly given and made upon being delivered to the recipient party by email (with confirmation of receipt and opening), recognized courier service, fax transmission (with confirmation of receipt) for those parties having a fax number listed below or by registered or certified mail (postage prepaid, return receipt requested), and addressed to the applicable address set forth below or such other address as may be designated in writing hereafter by the recipient party in accordance with this Section 8.1 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The court finds that neither the Defendants’ general denials of coverage by the FLSA, nor any other matters cited by Defendants raised the professional employee issue sufficient to put Plaintiff on notice of Defendants’ intent to rely on that particular affirmative defense. The professional employee defense was first raised in Defendants’ Motion for Summary Judgment filed on December 15, 2004, subsequent to the close of fact discovery on November 15, 2004. The court finds that Plaintiff did not have notice of Defendants’ intent to raise the affirmative defense until after the close of fact discovery. Plaintiff is prejudiced by the inability to conduct discovery on the defense. Accordingly, it has been waived. Renfro v. City of Emporia, Kansas, 948 F.2d 1529, 1539-40 (10th Cir.1991) (<HOLDING>). Rather than striking the materials submitted Options: A. holding that the defendants waived their affirmative defense of unenforceability by failing to raise the defense in response to the plaintiffs motion for summary judgment which the trial court granted B. holding that the trial court correctly entered summary judgment in favor of defendant and denied plaintiffs motion for summary judgment where plaintiff failed to establish by clear and convincing evidence that defendant breached its duty to act in good faith C. holding that arguments not raised in opposition to a motion for summary judgment are waived D. holding that a defendant waived the affirmative defense of an exemption under the flsa where it was not raised until after an order had been entered in favor of plaintiffemployees on a motion for summary judgment E. holding that defendant had waived any defense of improper venue when he made the argument only after filing a motion for summary judgment

assistant: The best answer is D. holding that a defendant waived the affirmative defense of an exemption under the flsa where it was not raised until after an order had been entered in favor of plaintiffemployees on a motion for summary judgment
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: ( a ) you own your user material or have the right to submit it , and in submitting it you will not be infringing any rights of any third party , including intellectual property rights ( such as copyright or trade mark ) , privacy or publicity rights , rights of confidentiality or rights under contract .

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 Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: engage in any act that supercell deems to be in conflict with the spirit or intent of the service or make improper use of supercell 's support services .

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 Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we will confirm our acceptance of your order by sending you a communication that confirms that the order has been processed or the goods have been dispatched -- when applicable ( `` order acceptance '' ) .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In consideration of the Lenders’ and Agent’s agreements contained in this Amendment, each Loan Party hereby irrevocably releases and forever discharge the Lenders and the Agent and their affiliates, subsidiaries, successors, assigns, directors, officers, employees, agents, consultants and attorneys (each, a “ Released Person ”) of and from any and all claims, suits, actions, investigations, proceedings or demands, whether based in contract, tort, implied or express warranty, strict liability, criminal or civil statute or common law of any kind or character, known or unknown, which such Loan Party ever had or now has against Agent, any Lender or any other Released Person which relates, directly or indirectly, to any acts or omissions of Agent, any Lender or any other Released Person relating to the Credit Agreement or any other Loan Document on or prior to the date hereof.

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: Subject to Section 20(f) below, following a Participant’s Date of Termination, the Participant shall not, directly or indirectly make, issue, authorize or publish any comments or statements (orally or in writing) to the media, to any individual or entity with whom or which the Corporation, or any of its Subsidiaries has a business relationship, or to any other individual or entity, which disparages, criticizes or otherwise reflects adversely upon the Corporation, any of its subsidiaries, its employees officers or directors.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: So.2d 501, 502 (Fla. 3d DCA 1993) Options: A. holding that qualified immunity extends to government officials performing discretionary functions B. holding that the information is not protected by attorneyclient privilege C. recognizing qualified privilege for government files relating to an ongoing criminal investigation D. holding that the media has a qualified privilege to report the information they receive from government officials E. recognizing privilege

assistant: The best answer is D. holding that the media has a qualified privilege to report the information they receive from government officials
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 Letter Agreement shall be governed by and construed in accordance with the laws of the State of New York irrespective of any conflict of laws principles. The parties hereby agree that any action or proceeding with respect to this Agreement (and any action or proceeding with respect to any amendments or replacements hereof or transactions relating hereto) may be brought only in a federal or state court located in New York, State of New York and having jurisdiction with respect to such action or proceeding. Each of the parties hereto irrevocably consents and submits to the jurisdiction of such courts.

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: testified that petitioner admitted to engaging in consensual sex with the victim on the night in question. Given the strength of this evidence, the Kansas Court of Appeals found that “it is difficult to believe that the testimony of three or four transient people, some of whom had criminal records, to the effect that Payne was drinking and smoking marijuana with them at the time of the crime would be sufficient to raise a reasonable doubt in the minds of the jurors.” Petitioner has failed to proffer clear and convincing evidence to contradict these factual findings. As such, the court cannot find that the state appellate court unreasonably applied the prejudice prong of the Strickland framework to the facts of this case. See United States v. Nelson, 984 F.Supp. 1368, 1872 (D.Kan.1997) (<HOLDING>). While the alibi witnesses might have Options: A. holding that to establish prejudice there must be a reasonable probability that but for counsels unprofessional errors the result of the proceeding would have been different B. holding that upon remand if the trial court determined that the testimony in a newly discovered evidence claim was reliable the trial court must review that new evidence as well as brady claims that were previously rejected in a prior postconviction motion because the evidence was equally accessible to the defense and there was no reasonable probability that the result of the trial would have been different had the evidence been disclosed C. holding that party asserting plain error must show a reasonable probability that but for the error claimed the result of the proceeding would have been different D. holding that even if attorney had secured defense witnesses 2255 relief was not warranted where the evidence against defendant at trial was so overwhelming that no reasonable probability exists that the result of the proceeding would have been different E. holding that there is no brady violation unless a reasonable probability exists that the disclosed evidence would have altered the result of trial

assistant: The best answer is D. holding that even if attorney had secured defense witnesses 2255 relief was not warranted where the evidence against defendant at trial was so overwhelming that no reasonable probability exists that the result of the proceeding would have been different
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: Nothing contained in this Guaranty shall be deemed to waive, release, affect or impair the indebtedness evidenced by the Loan Documents or the obligations of Borrower under the Loan Documents, or the liens and security interests created by the Loan Documents, or Administrative Agent’s rights to enforce its rights and remedies under the Loan Documents and under this Guaranty or the indemnity provided herein, in the Loan Documents or in connection with the Loan, or otherwise provided in equity or under applicable law, including, without limitation, the right to pursue any remedy for injunctive or other equitable relief, or any suit or action in connection with the preservation, enforcement or foreclosure of the liens, mortgages, assignments and security interests which are now or at any time hereafter security for the payment and performance of all obligations under the Loan Agreement or in the other Loan Documents. The provisions of Sections 1 and 2 of this Guaranty shall prevail and control over any contrary provisions elsewhere in this Guaranty or in the other Loan Documents.

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 legal provision and list the applicable contract clause categories. Provision: Jagged Peak Energy Inc. (the “ Company ”) has adopted this Executive Severance Plan (this “ Plan ”) to provide for the payment of severance or change in control benefits to Eligible Individuals (as defined below). The Plan was approved by the Board of Directors of the Company (the “ Board ”) to be effective as of June 13, 2017 (the “ Effective Date ”).

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

user: (a) Nothing in this Agreement shall be construed as granting or conferring any rights, interests or intellectual property rights by assignment, license or otherwise, relating to any Confidential Information in or for any intellectual property, invention, discovery or improvement or derivative made, conceived or acquired prior or subsequent to the Effective Date.

assistant: No
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 Lender and the Borrower agree and confirm that the amount due under the Loan Documents as of the date of this Amendment is One Million Six Hundred Thirty-Two Thousand, Two Hundred Forty-Two and 64/100 ($1,632,242.64) (the “ Current Balance ”), inclusive of the outstanding principal balance and accrued but unpaid interest, monitoring and consulting fees, and other costs, fees and expenses. The Borrower acknowledges that the Loan Documents are enforceable in accordance with their terms and that the Current Balance is an enforceable obligation of the Borrower.

assistant: Enforceability
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: avoidance proceedings with respect to the Debtor's prepetition transfers to his family. After it became clear that the amount of the allowed claims exceeded the Debtor’s ability to fund the plan, the Debtor acquiesced to reconversion of the case to chapter 7. However, the fact that the rehabilitation effort was unsuccessful does not dictate the conclusion that the attempt was made in bad faith. 13 . At the hearing, the Debtor testified that his income is consistent with the disclosures in Amended Schedule I. However, I find that the Debtor understated his expenses in Amended Schedule J and that his monthly living expenses for himself and his dependent family members exceed the disclosed household monthly income of $2,245.00. 14 . In re Hall, 15 B.R. 913, 917 (9th Cir. BAP 1981) (<HOLDING>) (cited with approval in In re Ditter, 13 Options: A. holding the plain legal prejudice test applies to voluntary dismissal under the code B. holding appeal improper since the dismissal was voluntary C. holding that a plaintiffs voluntary dismissal of his claims with prejudice constituted a final order that was appealable D. holding that a voluntary dismissal moots a case E. holding that 12 os 100 applies to cases where dismissal was voluntary and without prejudice

assistant: The best answer is A. holding the plain legal prejudice test applies to voluntary dismissal under the code
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall not use any portion of the proceeds of the Debenture, either directly or indirectly, for any of the following purposes: (i) to make any payment towards any indebtedness or other Obligations of the Company; (ii) to pay any Taxes of any nature or kind that may be due by the Company; or (iii) to pay any Obligations of any nature or kind due or owing to any officers, directors, employees, or Material Shareholders of the Company, other than salaries payable in the Company's Ordinary Course of Business. The Company covenants and agrees to only use any portion of the proceeds of the purchase and sale of the Debenture for the purposes set forth in the Use of Proceeds Confirmation to be executed by the Company on the Effective Date, unless the Company obtains the prior written consent of the Buyer to use such proceeds for any other purpose, which consent may be granted or withheld or conditioned by Buyer in its sole and absolute discretion.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: when you use an amazon service ( for example , your profile , gift cards , amazon video , your media library , amazon devices , or amazon applications ) you also will be subject to the guidelines , terms and agreements applicable to that amazon service ( `` service terms '' ) .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: this case or that the Clemtex decision is dispositive. One important difference between Advantage's policy and the policy at issue in Clemtex is that the latter did not incorporate the applicable TDI rules. The court noted this fact in holding the insurer could not supplant the contract provisions with contradictory TDI rules not even mentioned in the contract. In the instant case, the TDI rules were clearly incorporated in the contract. Therefore, Clemtex is inapposite to this case. More importantly, the insurance contract that is the subject of this dispute is not one written in the ordinary private insurance setting, as was the contract at issue in Clemtex. The Facility, although not a state agency, is essentially an arm of the State. Compare Turner Bros. Trucking, 912 S.W.2d at 391 (<HOLDING>) with American Home Assur. v. Texas Dept. of Options: A. holding that the medicaid statute did not create an enforceable cause of action against a private health care facility B. holding the facility had certain powers despite fact that statute did not expressly confer those powers because facility does not derive power solely from statute C. recognizing that a patients choice of a health care facility does not render the facility a beneficiary under 502a1b D. holding that states grant of general corporate powers to hospital authorities does not include permission to use those powers anticompetitively E. holding that the board of supervisors possesses only those powers expressly conferred by statute or necessarily implied therefrom

assistant: The best answer is B. holding the facility had certain powers despite fact that statute did not expressly confer those powers because facility does not derive power solely from statute
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: solely on theories of misappropriation or misuse of CDC's confidential information. In support of its breach of fiduciary duty claim, CDC avers that it provided Carsey "with access to [CDC's] confidential business information and Trade Secrets," and that Carsey owed CDC several fiduciary duties, including "a duty not to disclose CDC's Trade Secrets and confidential business information, a duty not to use CDC's Trade Secrets and confidential business information to compete un fairly with CDC, and a duty not to use CDC's Trade Secrets and confidential business information for the benefit of a new business." Accordingly, this claim is preempted by the UTSA in its entirety. See, eg., Allied Erecting & Dismantling Co. v. Genesis Equip. & Mfg., Inc., 649 F.Supp.2d 702, 724 (N.D.Ohio 2009) (<HOLDING>); Frantz v. Johnson, 116 Nev. 455, 999 P.2d Options: A. holding a cause of action for breach of fiduciary duty will not lie where the claim of breach is dependent upon the existence of a contractual relationship between the parties B. holding that utsa preempted a breach of fiduciary duty claim because it was solely dependent upon misappropriationoftradesecret facts C. holding that utsa preempted a breach of fiduciary duty claim because it was completely dependent on the facts concerning misappropriation of trade secrets D. holding that breach of fiduciary duty claim was preempted by fehba E. holding that utsa preempted a breach of fiduciary duty claim because the factual allegations supporting that claim involved only the misappropriation of information

assistant: The best answer is B. holding that utsa preempted a breach of fiduciary duty claim because it was solely dependent upon misappropriationoftradesecret facts
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: is unavoidable.” Pearson v. Callahan, 129 S.Ct. at 821 (internal quotation marks and citations omitted). Furthermore, the first prong’s purpose of furthering the development of constitutional law might not be meaningfully advanced in cases where the determination whether a right was violated is so fact bound that it is unlikely to provide guidance in future cases. See id. at 812. RELEVANT LAW REGARDING SEARCH AND SEIZURE The Fourth Amendment protects a person’s right to be secure against unreasonable search and seizure. The hallmark of the Fourth Amendment is reasonableness. “It is a basic principle of Fourth Amendment law that searches and seizures inside a home without a warrant are presumptively unreasonable.” Payton v. New York, 445 U.S. 573, 586, 100 S.Ct. 137 7 (10th Cir.2003) (<HOLDING>). In United States v. Reeves, police officers Options: A. holding that if a residents decision to open his door to police is made involuntarily a seizure within his home has occurred B. holding that an unconstitutional seizure occurred when police officers discovered that a suspect illegally sold alcohol from his home and ordered him to open the door involuntarily to be arrested inside his home C. holding that police executed an illegal arrest when they took a teenage suspect from his home and brought him in handcuffs to the police station for questioning D. holding that no search occurred when police officers entered an open business E. holding that police orders to openthe door which led to an arrest inside the home represented an unconstitutional seizure

assistant: The best answer is B. holding that an unconstitutional seizure occurred when police officers discovered that a suspect illegally sold alcohol from his home and ordered him to open the door involuntarily to be arrested inside his home
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 Third Amendment contains the entire agreement of the parties with respect to the subject matter of the Third Amendment and supersedes any agreements, oral or written, that relate to the subject matter hereof, except that this Third Amendment does not affect the rights and obligations of the Employment Agreement except as specifically amended by this Third Amendment. For the avoidance of doubt, Company’s obligation to make the Severance Payment, and the requirement that Executive execute the release agreement required by Section IV(D)(3), continues to apply. This Third Amendment may be executed in one or more counterparts, all of which together shall constitute a single instrument.

assistant: Entire Agreements