flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The proceeds of the Term Loans and the Revolving Loans, if any, made on the Closing Date shall be applied by Company to repay the obligations under the Existing Credit Agreement, for general working capital purposes of the Loan Parties and to pay fees and expenses related to this Agreement. The proceeds of the Revolving Loans, and Letters of Credit made after the Closing Date shall be applied by Company for working capital and general corporate purposes of Company and its Restricted Subsidiaries, including Permitted Acquisitions. No portion of the proceeds of any Credit Extension shall be used in any manner that causes or might cause such Credit Extension or the application of such proceeds to violate Regulation T, Regulation U or Regulation X of the Board of Governors of the Federal Reserve System or any other regulation thereof or to violate the Exchange Act.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Initial Term and Subsequent Term (if applicable), Employer shall pay Employee a base salary at the rate of Two Hundred Fifty Thousand Dollars ($250,000) per annum, payable semi-monthly (“Base Salary”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the First Modification Effective Date, except as set forth on Schedule 7.1(i) , there are no actions, suits, or proceedings pending (nor, to the knowledge of any Loan Party, are there any actions, suits or proceedings threatened, in writing) against or in any other way relating adversely to or affecting, any Loan Party, any other Material Subsidiary or any of their respective property in any court or before any arbitrator of any kind or before or by any other Governmental Authority which, (i) could reasonably be expected to have a Material Adverse Effect or (ii) in any manner draws into question the validity or enforceability of any Loan Document or the Fee Letter. As of the First Modification Effective Date, there are no strikes, slow downs, work stoppages or walkouts or other labor disputes in progress or threatened relating to, any Loan Party or any other Subsidiary that could reasonably be expected to result in a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Congress.” Greenwood Trust, 971 F.2d at 823 (citing Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230, 67 S.Ct. 1146, 91 L.Ed. 1447 (1947)). That is so because the authority to preempt state law is “an extraordinary power ... that we must assume Congress does not exercise lightly.” Id. (citing Gregory v. Ashcroft, 501 U.S. 452, 460, 111 S.Ct. 2395, 115 L.Ed.2d 410 (1991)). According to the First Circuit ruling on the parallel FAAAA preemption question for air transport, there is a presumption against preemption when Congress legislates in a field that has traditionally been regulated by the states. Flores-Galarza, 318 F.3d at 336 (internal citations omitted). See also Hillsborough County v. Automated Medical Labs., Inc., 471 U.S. 707, 715, 105 S.Ct. 2371, 85 L.Ed.2d 714 (1985) (<HOLDING>); Medtronic, Inc. v. Lohr, 518 U.S. 470, 485, Options: A. recognizing the 48hour standard as a department of health regulation B. recognizing this presumption C. recognizing presumption that state and local regulation of matters related to health and safety is not invalidated under the supremacy clause D. holding city may enact reasonable regulation to promote health safety and welfare of its people E. recognizing presumption

assistant: The best answer is C. recognizing presumption that state and local regulation of matters related to health and safety is not invalidated under the supremacy clause
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: note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so , and evernote does not accept any obligation to take any particular action to enforce or protect any party 's intellectual property rights on their behalf .

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 order to induce Landlord to enter into this Lease, Tenant hereby expressly waives the provisions of any statute or law granting to Tenant any rights or options that affect the agreements of the parties contained in this Section, and Tenant agrees that the provisions of this Section shall govern and control in lieu of the provisions of any such statute or law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: it construed the claim. The court will address these arguments in turn, and then will turn to whether there was substantial evidence presented at trial to support the jury’s verdict. The court finds Honeywell’s argument that Sundstrand’s evidence was legally insufficient to support a conclusion of non-infringement to be unpersuasive. Even considering that Shinskey said at one point that, “I believe that claim C and claim D must both apply at the same time,” Tr. 1407-08, this does not render Sundstrand’s entire case legally insufficient. Although Shinskey may have made this statement, it is clear that his opinion as to why the APS 3200 did not literally infringe each element of Claim 4 of the ’194 patent did not depend on this statement. But see LNP Eng’g Plastics, 77 F.Supp.2d at 549 (<HOLDING>). Specifically, before making this statement, Options: A. holding that a patentee was entitled to jmol where the thrust of the defendants noninfringement argument was that it did not infringe the patents at issue because it was practicing the prior art B. holding that because the appellant did not present to the administrative agency the argument it raised before this court the issue was not preserved and holding that even if preserved the argument failed C. holding that despite the merits of the argument the appellant raised on appeal the issue was not preserved for judicial review because it was not raised before the administrative agency D. holding a prior case was not precedent on an issue when the issue was not contested E. holding the prosecutors argument if it was there they can bring it to you was not an improper jury argument

assistant: The best answer is A. holding that a patentee was entitled to jmol where the thrust of the defendants noninfringement argument was that it did not infringe the patents at issue because it was practicing the prior art
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: Id. at 68, 124 S.Ct. at 1374, 158 L.Ed.2d at 203. The Supreme Court has held the term “testimonial” “applies at a minimum to prior testimony at a preliminary hearing, before a grand jury, or at a formal trial; and to police interrogations,” id., and that it does not apply to business records, a category of evidence routinely admitted as an exception to general hearsay rules, id. at 56, 124 S.Ct. at 1367, 158 L.Ed.2d at 195-96. As to hearsay evidence falling between these two poles, lower courts, including our own, have examined specific types of hearsay documents on a category-by-category basis to determine whether they are testimonial or non-testimonial for Confrontation Clause purposes. See, e.g., Anderson v. Commonwealth, 48 Va.App. 704, 714-16, 634 S.E.2d 372, 376-77 (2006) (<HOLDING>). Decisions regarding the admissibility of Options: A. holding that biological parents have a prima facie right to custody over third persons B. holding provision in code 19218701 authorizing trial court to receive duly attested certificate of analysis performed by certain laboratory facilities as prima facie evidence of chain of custody of material tested does not violate confrontation clause because chainofcustody inference is nontestimonial C. holding district court did not abuse discretion in ruling moving party failed to make prima facie case to modify custody D. holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence E. holding that a prima facie case is subject to independent review

assistant: The best answer is B. holding provision in code 19218701 authorizing trial court to receive duly attested certificate of analysis performed by certain laboratory facilities as prima facie evidence of chain of custody of material tested does not violate confrontation clause because chainofcustody inference is nontestimonial
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 Administrative Agent an Assignment and Assumption Agreement, together with a processing and recordation fee of $3,500.00 (provided that no such fee shall be payable in connection with an assignment from a Lender to an Affiliate of such Lender), and the assignee, if it is not a Lender, shall deliver to the Administrative Agent an administrative questionnaire provided by the Administrative Agent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: claim without addressing whether the applicant had a protected interest in receiving asylum. See, e.g., Camishi v. Holder, 616 F.3d 883, 886 (8th Cir.2010); Banatv. Holder, 557 F.3d 886, 890 (8th Cir.2009); Ismail v. Ashcroft, 396 F.3d 970, 974-75 (8th Cir.2005). To the extent these decisions conflict with Obleshchenko by implicitly finding a protected interest, we nevertheless follow the rule announced in Obleshchenko — that an alien does not have a liberty or property interest in receiving asylum — because it is our earliest case to reach the issue, Mader v. United States, 654 F.3d 794, 800 (8th Cir.2011), and because the cases that imply a protected interest did not squarely address the issue, see Brecht v. Abrahamson, 507 U.S. 619, 630-31, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993) Options: A. recognizing that the doctrine of stare decisis embodies the obligation to follow precedent B. holding that decision by panel of this court is established precedent under rules of stare decisis C. holding that the doctrine of stare decisis applies to the issue of reliability of new scientific techniques the intoxilyzer in that case D. holding that stare decisis does not apply unless the question at issue was squarely addressed in prior decisions E. holding that the doctrine of stare decisis is most frequently applied in cases affecting real property

assistant: The best answer is D. holding that stare decisis does not apply unless the question at issue was squarely addressed in prior decisions
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: 16.5 the parties acknowledge and agree that apple and apple 's subsidiaries are third party beneficiaries of this agreement and apple will have the right ( and will be deemed to have accepted the right ) to enforce the agreement against you as a third party beneficiary thereof .

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: 695, 702 (Idaho 1997) (relying on the prior enumeration of the mandatory reporting statute, Idaho Code Ann. § 16-1619(a) (1989), to conclude that a wife was obligated to report her husband’s sexual abuses of their child despite an alleged agreement between the two to refrain from reporting); Norton Hosps., Inc. v. Peyton, 381 S.W.3d 286, 289, 291-92 (Ky. 2012) (relying on the mandatory reporting statute, Ky. Rev. Stat. Ann. § 620.030, in holding a hospital immune from liability for mistakenly overreporting the blood alcohol content of a mother giving birth); Rodriguez v. State, 47 S.W.3d 86, 88-89 (Tex. Ct. App. 2001) (relying on the Texas Family Code Annotated, Section 261.101, in requiring adults to report abuse of a child by the child’s mother); Fla. Att’y Gen. Op. 2004-57 (2004) (<HOLDING>). Our research has found no published judicial Options: A. 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 B. recognizing that publication in the laws of florida or the florida statutes gives all citizens constructive notice of the consequences of their actions C. recognizing that as to notice publication in the laws of florida or the florida statutes gives all citizens constructive notice of the consequences of their actions D. recognizing that the florida statutes annotated section 392011 2003 has led to confusion as to the persons actually considered mandated reporters ie all persons or just the list of professions and concluding that the florida statute imposes a responsibility on any person who knows of or has reasonable cause to suspect child abuse to report such abuse E. holding that a hearing officer may not quash a subpoena for a fact witness pursuant to section 32226152 florida statutes and rule 15a60135 florida administrative code and the defense has the absolute right to subpoena other witnesses to testify as to whether or not the defendant exhibited any signs of impairment at or near the time of arrest

assistant: The best answer is D. recognizing that the florida statutes annotated section 392011 2003 has led to confusion as to the persons actually considered mandated reporters ie all persons or just the list of professions and concluding that the florida statute imposes a responsibility on any person who knows of or has reasonable cause to suspect child abuse to report such abuse
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: 339 U.S. 321 70 S.Ct. 640 94 L.Ed. 877 SHIPMAN et al.v.DU PRE et al. No. 689. On Jurisdictional Statement Distributed March 31, 1950. Decided April 24, 1950. Mr. Aaron Kravitch, Savannah, Ga. Phyllis Kravitch, Savannah, Ga., Mr. Joseph Fromberg, Charleston, S.C., for appellants. Messrs. John M. Daniel, Columbia, S.C., T. C. Callision, Lexington, S.C., R. Hoke Robinson, Asst. Atty. Gen. of South Carolina, for appellees. PER CURIAM. 1 Appellants sought a declaratory judgment that certain sections of the South Carolina statute, Code 1942, § 3408, as amended by Act April 21, 1948, 45 St. at Large, p. 2059, regulating the fisheries and shrimping industry were unconstitutional and interlocutory and permanent injunctions restraining the state officials from carrying out those provisions. The statutory three-judge District Court assumed jurisdiction, decided the issues on the merits, and dismissed the complaint. 88 F.Supp. 482. From the papers submitted on appeal, it does not appear that the statutory sections in question have as yet been construed by the state courts. We are therefore of opinion that the District Court erred in disposing of the complaint on the merits. See American Federation of Labor v. Watson, 327 U.S. 582, 595—599, 66 S.Ct. 761, 767—769, 90 L.Ed. 873. 2 The judgment of the District Court is vacated and the cause is remanded to that court with directions to retain jurisdiction of the complaint for a reasonable time, to afford appellants an opportunity to obtain, by appropriate proceedings, a construction by the state court of the statutory provisions involved. 3 Judgment vacated and cause remanded with directions. 4 Mr. Justice DOUGLAS dissents.

assistant: 9
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, the Company shall employ Executive, and Executive shall serve as Executive Vice President of Land & Business Development of the Company, with such duties and responsibilities that are customary in that position for public companies. Executive’s principal place of employment shall be at the main business offices of Company.

assistant: Positions
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: CURIAM. Affirmed. See Little v. State, 77 So.3d 722 (Fla. 3d DCA 2011); Adams v. State, 76 So.3d 367 (Fla. 3d DCA 2011) (<HOLDING>); see also Flagg v. State, 74 So.3d 138, 141 Options: A. holding that section 89313 as amended by section 893101 florida statutes 2002 is constitutional B. recognizing that the 1992 amendment to section 8930216 florida statutes changed the law C. holding florida sexual predators act section 77521 florida statutes 2000 to be unconstitutional as violating procedural due process D. holding that arbitration is not a civil action as that term is used in section 76873 florida statutes 1991 E. holding that the legislature amended section 8120142d florida statutes now renumbered as section 8120143c in 1992 to omit habitual offender penalties for the crime of felony petit theft

assistant: The best answer is A. holding that section 89313 as amended by section 893101 florida statutes 2002 is constitutional
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: sold, that no one was already buried in the spot, or that no other circumstance would preclude the sale of the spot. 4 . Gaspard died sometime between the moving of Mr. Guerra's coffin and the Guerra’s complaint to the funeral commission. The Guer-ras contend Gaspard's death was a suicide but the record is unclear as to the cause of his death. 5 . Appellants contend, in part, by their third issue that the evidence was insufficient to establish that SCI, the corporate parent of SCI Texas, was liable for the Guerras' injuries. Appellants contend that SCI is a separate legal entity from SCI Texas and that the relationship between the companies does not make SCI automatically liable for the actions of SCI Texas. See generally Lucas v. Tex. Indus., Inc., 696 S.W.2d 372, 374-75 (Tex.1984) (<HOLDING>). However, the Guerras never alleged that SCI Options: A. holding that a corporate officer signing a contract in his corporate capacity is generally not liable for damages under the contract B. recognizing separate corporate identity of parent despite evidence that parent was alterego of its subsidiary and was being sued for acts of its subsidiary C. holding that parent corporation could not be held liable for any acts of whollyowned subsidiary although boards of directors of the two corporations overlapped in all other respects corporation had not disregarded subsidiarys corporate separateness had not involved itself directly in management of subsidiary and had not otherwise dominated or controlled subsidiary D. holding that under north carolina law a corporate parent cannot be held liable for the acts of its subsidiary unless the corporate structure is a sham E. holding that a court will generally not disregard the corporate fiction and hold a corporation liable for the obligations of its subsidiary

assistant: The best answer is E. holding that a court will generally not disregard the corporate fiction and hold a corporation liable for the obligations of its subsidiary
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: Notwithstanding anything to the contrary set forth in this Agreement, the General Partner (which for the purposes of this Section 7.8 shall include the directors and officers of the General Partner) shall not be liable for monetary or other damages to the Partnership, any Partners or any Assignees for losses sustained, liabilities incurred or benefits not derived as a result of errors in judgment or mistakes of fact or law or of any act or omission unless the General Partner acted in bad faith and the act or omission was material to the matter giving rise to the loss, liability or benefit not derived.

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 case excerpt and choose the best holding from the options. Case excerpt: PLAINTIFF’S MOTION FOR REINSTATEMENT AND DEFENDANT’S RULE 56(D) MOTION FOR DISCOVERY Reinstatement is certainly an available remedy in ADEA suits against federal employers. See 29 U.S.C. § 633a(b) (authorizing EEOC “to enforce the provisions of subsection (a) of this section through appropriate remedies, including reinstatement or hiring of employees with or without backpay, as will effectuate the policies of this section”); cf. Ford, 629 F.3d at 207 (can establish liability under § 633a by proving age was a factor, but may not be able to get reinstatement or backpay without proving but-for causation). Indeed, reinstatement is the preferred remedy under the ADEA, although it may not always be feasible or appropriate. See Blim v. Western Electric Co., 731 F.2d 1473, 1479 (10th Cir.1984) (<HOLDING>); Palasota v. Haggar Clothing Co., 499 F.3d Options: A. holding that courts should order reinstatement under the adea whenever it is an appropriate remedy because reinstatement best serves congress purpose in enacting the adea and an award of front pay is always somewhat speculative B. holding in an adea case that when after acquired evidence of employee wrongdoing cut off accrual of back pay reinstatement or the award of front pay was inappropriate C. holding that the reinstatement of the right to an election of benefits may be an appropriate equitable remedy under 29 usc 1132a3 D. holding that trial court did not have jurisdiction to order reinstatement of previously dismissed action and thus reinstatement order was void and of no effect and previous order of dismissal was still in effect E. holding no individual liability under the adea

assistant: The best answer is A. holding that courts should order reinstatement under the adea whenever it is an appropriate remedy because reinstatement best serves congress purpose in enacting the adea and an award of front pay is always somewhat speculative
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 relevant clause as a whole, including the title, ‘Taxes,’ ” the Court of Federal Claims found “it was plainly intended as a price-adjustment mechanism in the event the Oil Companies were assessed additional or unanticipated taxes as a result of their avgas production.” Shell Remand Decision, 108 Fed.Cl. at 432 (emphasis added). It accorded a “fairly narrow tax-related meaning” to “charges,” interpreting it to mean “an encumbrance, lien, or other like financial burden or liability, especially one .that relates to real property.” Id. at 432-33. Such an interpretation, the trial court found, was consistent with the noscitur a sociis canon of interpretation, which “ ‘counsels that a word [be] given more precise content by the neighboring words with which it is associated.’ ” Id. at 432 (<HOLDING>) (internal citation omitted). The Court of Options: A. holding attorneys must be given reasonable notice of the charges they face before the referees hearing on those charges B. holding that charges should be given more precise content by taxes and fees C. holding that the gas laws mandate that pilots be in lieu of all state city and local taxes or charges did not bear on the utilitys authority to pay franchise fees that were not in the nature of property taxes and that the utility was required to pay both franchise fees and pilots D. holding that permit fees imposed by statute were not taxes E. holding that plaintiff explained why statements were fraudulent where the complaint alleged that defendants statements requested port fees and customs taxes but no such fees or taxes were due

assistant: The best answer is B. holding that charges should be given more precise content by taxes and 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 legal provision and list the applicable contract clause categories. Provision: All covenants, agreements, representations and warranties made by the Borrower in the Loan Documents and in the certificates or other instruments delivered in connection with or pursuant to any Loan Document shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement is outstanding and unpaid and so long as the Commitments have not expired or terminated. The provisions of Sections 2.12, 2.13, 2.14 and 9.03 and Article VIII shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Commitments or the termination of this Agreement or any provision hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: At any time or from time to time upon the written request of the Administrative Agent, the Borrower will, and will cause the other Loan Parties to, at its and their expense, promptly execute, acknowledge and deliver such further documents and do such other acts and things as the Administrative Agent may reasonably request in order to effect fully the purposes of the Loan Documents. In furtherance and not in limitation of the foregoing, the Borrower shall take, and shall cause the other Loan Parties to take, such actions as the Administrative Agent may reasonably request from time to time to ensure that the Obligations are guaranteed by the Subsidiary Guarantors and the Borrower and are secured by the Collateral (subject in each case to limitations contained in the Loan Documents with respect to (i) Excluded Collateral and (ii) any Collateral on which perfection action is not required to be taken by the Loan Documents). The Borrower shall execute and deliver any amendment to the Section 22 Lien Law Affidavit delivered on the Closing Date reasonably requested by the Administrative Agent in connection with any material revisions to the Building Budget from that submitted at or prior to the Closing Date, or to the extent otherwise required in order to maintain Lender’s lien priority hereunder in accordance with applicable law, as determined by the Administrative Agent in its reasonable discretion.

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: Both persons and use must be restricted. In compliance with 17 U.S.C. § 19, MBA placed a copyright notice, the publication date of 1971 and/or 1973, and the identification of MBA as the copyright holder on all its PRIDE manuals and forms. Nevertheless, MBA argues that there was no general publication, notwithstanding its use of the copyright notice. Bryce testified that customers using PRIDE are allowed unlimited reproduction of PRIDE manuals and forms as long as MBA’s copyright notice is included and that MBA cannot account for the number or whereabouts of such copies. When the principal facts and the reason able inferences are undisputed, as they are here, we are not bound by the findings of the trial court. State v. Williams, 104 Wis. 2d 15, 21, 310 N.W. 134 F. 321 (2d Cir 1904) (<HOLDING>). Courts were more likely to find a general Options: A. holding that the statute in question served to modify prior common law and that the legislature was empowered to make such changes in the common law based on the public interest B. holding that the injunction did not constitute a claim C. holding that the admission of his juvenile conviction did not violate equal protection D. holding that a set of photographs taken to be used as studies for a painting did not qualify for vara protection E. holding that exhibition of a painting in a public gallery did not constitute publication divesting plaintiff of his common law protection

assistant: The best answer is E. holding that exhibition of a painting in a public gallery did not constitute publication divesting plaintiff of his common law protection
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: U.S. at 249, 106 S.Ct. 2505. However, “[t]he mere existence of a scintilla of evidence in support of the [nonmoving party’s] position will be insufficient.” Id. at 252, 106 S.Ct. 2505. With these principles in mind, the court turns to an analysis of the pending motions for summary judgment. III. APPLICABLE LAW AND DISCUSSION The court will first determine whether the undisputed facts of this case establish that CBC has violated the players’ claimed right of publicity. Only if that right is violated need the court consider whether under the facts of this case federal copyright law preempts the right of publicity and/or whether the First Amendment trumps the right of publicity. See Bonito Boats, Inc. v. Thunder Craft Boats, Inc., 489 U.S. 141, 161, 109 S.Ct. 971, 103 L.Ed.2d 118 (1989) (<HOLDING>). Nevertheless, the court will discuss each of Options: A. recognizing state laws can be preempted by federal regulations as well as by federal legislation B. holding that wjhere such a transaction involves commerce within the meaning of the federal arbitration statute the state law and policy with respect thereto must yield to the paramount federal law C. holding the statutory scheme of two federal laws was not void for vagueness and did not violate equal protection or due process even though the defendants conduct violated both laws D. holding that in interpreting a contract we look to the conflict of laws rules of the forum state to determine which states laws will be controlling E. holding that state laws must yield to federal law when the former poses a substantial threat to federal laws ability to accomplish its mission

assistant: The best answer is E. holding that state laws must yield to federal law when the former poses a substantial threat to federal laws ability to accomplish its mission
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If the application of any provisions of this Agreement to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitration panel or other tribunal of competent jurisdiction, then (i) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of this Agreement, shall not in any way be affected or impaired thereby, and (ii) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties. If, moreover, any provision contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you shall not copy , reproduce , distribute , transmit , broadcast , display , sell , license , or otherwise exploit any content for any other purposes without the prior written consent of youtube or the respective licensors of the content .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Landlord shall commence construction of the Tenant Improvements within ten (10) days following the later of (i) the approval of the Final Plans, or (ii) Landlord’s receipt of any necessary Permits. Landlord shall diligently pursue completion of construction of the Tenant Improvements and use its commercially reasonable efforts to complete construction of the Tenant Improvements as soon as reasonably practicable. Notwithstanding anything in this Lease or in this Work Letter to the contrary, Landlord’s Construction Allowance, as specified in Item 18 of the Basic Lease Provisions, shall be used only for the construction of the Tenant Improvements, and if construction of the Tenant Improvements is not completed on or before August 1, 2017 (“ Estimated Construction Completion Date ”), then Landlord’s obligation to provide the Landlord’s Construction Allowance, as specified in Item 18 of the Basic Lease Provisions, shall terminate and become null and void, and Tenant shall be deemed to have waived its rights in and to said Landlord’s Construction Allowance.

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: As used in this Agreement, the following terms have the meanings specified below. If a capitalized term is used in this Agreement, or any Exhibit or Schedule, and is not otherwise defined herein or therein or in this Article I , such term shall have the meaning assigned thereto in the Credit Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that a municipality may be held liable under Section 1983 for a single decision by its properly constituted legislative body, regardless of whether that body had taken similar action in the past or intended to do so again in the future, because even a single decision by such a body unquestionably constitutes an act of official government policy. Id. at 480, 106 S.Ct. 1292. Justices Stevens and O’Connor, each writing separately, agreed with this portion of the plural 520 U.S. 781, 784-88, 117 S.Ct. 1734, 138 L.Ed.2d 1 (1997); Pembaur, 475 U.S. at 483, 106 S.Ct. 1292 (plurality); Dallas I.S.D., 153 F.3d at 216-17; and Flores, 92 F.3d at 263. See also Jett v. Dallas ISD, 491 U.S. 701, 737, 109 S.Ct. 2702, 105 L.Ed.2d 598 (1989); and Gros v. City of Grand Prairie, Texas, 181 F.3d at 617 (<HOLDING>). 166 . See McMillian, 520 U.S. at 786-87, 117 Options: A. holding that the determination of whether there was joint access and control for actual authority is a fact question reviewed under the plainerror standard but a determination of whether the government reasonably relied on a third partys consent is a question of law to be reviewed de novo B. holding that claim construction is an issue of law for the court not a question of fact for the jury C. holding that a jurys finding that a city had delegated its final policymaking authority in the area of law enforcement to a city police chief was supported by the evidence and warranted imposing liability upon the city D. holding that determination as to whether an official has been delegated final policymaking authority is a question of law for the court not one of fact for the juiy E. holding that the question of whether a municipal official is a policymaking official is a matter of state law to be decided by the court

assistant: The best answer is D. holding that determination as to whether an official has been delegated final policymaking authority is a question of law for the court not one of fact for the juiy
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: State v. Tonn, 195 Iowa 94, 104-05, 191 N.W. 530, 535-36 (1923) (rejecting the exclusionary rule adopted by the United States Supreme Court for seizures of evidence by federal agents); see also Minnesota v. Nat’l Tea Co., 309 U.S. 551, 557, 60 S.Ct. 676, 679, 84 L.Ed. 920, 924 (1940) (“It is fundamental that state courts be left free and unfettered by us in interpreting their state con stitutions.”)- As more fully elucidated by the concurring opinion, state constitutions have been a crucial font of equality, civil rights, and civil liberties from the incipience of our republic. Thus, the Supreme Court’s jurisprudence regarding the freedom from unreasonable searches and seizures under the Fourth Amendment — or any other fundamental, civil, or human right for d 432, 438 (1979) (<HOLDING>); State v. Mitchell, 22 N.C.App. 663, 207 Options: A. holding that asking a detained motorist whether he would consent to a search of his automobile for contraband even after he had produced a valid drivers license did not necessarily make the traffic stop unreasonable in scope or duration B. holding that a warrantless search of a shared dwelling was reasonable as to one occupant who gave consent but not to another who did not C. holding that defendants failure to withdraw consent to search for criminal activity in his home included the top floor because he did not withdraw his consent to search when he observed the officer go upstairs D. holding defendant gave a valid and knowing consent to a search of his dwelling and automobile when he agreed to the terms of probation E. holding the defendant voluntarily consented to a search of his bedroom based upon evidence that defendant 1 did not contest the fact that he had voluntarily given verbal consent to the search 2 did not appear to be nervous or scared and was cooperative with the officers 3 led officers to his bedroom and 4 was present for the search and did not indicate at any time that he wished to revoke his consent

assistant: The best answer is D. holding defendant gave a valid and knowing consent to a search of his dwelling and automobile when he agreed to the terms of probation
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 Borrower is not in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any of its Contractual Obligations, and to the Borrower’s knowledge, no condition exists which, with the giving of notice or the lapse of time or both, could constitute such a default, except where, (a) such defaults have been waived, or (b) individually or in the aggregate, the consequences, direct or indirect, of such default or defaults, if any, could not reasonably be expected to have a Material Adverse Effect on Borrower. Except to the extent otherwise expressly set forth herein or in the schedules hereto, and subject to the qualifications set forth therein, each of the representations and warranties given by the Borrower in any Loan Document is true and correct in all material respects.

assistant: No Defaults
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: v. Coburn, 473 F.3d 650, 659 (6th Cir.2007); Shreve v. Jessamine Cnty. Fiscal Court, 453 F.3d 681, 687 (6th Cir.2006); Smoak v. Hall, 460 F.3d 768, 783-84 (6th Cir.2006)). When applying the Sixth Circuit’s three-part test for the entitlement to qualified immunity, the Court finds that Melendez, Randazzo, nor Dotter satisfy the test. With respect to Defendant Melendez, the Sixth Circuit has specifically noted that “ ‘there undoubtedly is a clearly established legal norm precluding the use of violent physical force against a criminal suspect who already has been subdued and does not present a danger to himself or others.’ ” Meirthew, 417 Fed.Appx. at 499 (quoting Harris v. City of Circleville, 583 F.3d 356, 367 (6th Cir.2009)); see also Phelps v. Coy, 286 F.3d 295, 302 (6th Cir.2002) (<HOLDING>), cert. denied, 537 U.S. 1104, 123 S.Ct. 866, Options: A. holding that an officer intentionally hitting the plaintiffs head into the top of the police car as the plaintiff was being placed in the police car could be excessive force B. holding that suspect was not in custody when officer handcuffed him for officer safety while transporting him to police station C. holding that a police officers tackling of a handcuffed suspect hitting him in the face twice and banging his head on the floor three times was unconstitutional D. holding that when plaintiff a suspect was shown officers credentials and ordered into a police car and plaintiff decided to run running after and tackling plaintiff was not constitutionally excessive E. holding that a showup identification was valid even though the suspect was handcuffed

assistant: The best answer is C. holding that a police officers tackling of a handcuffed suspect hitting him in the face twice and banging his head on the floor three times was unconstitutional
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 PURSUANT TO NEW YORK GENERAL OBLIGATIONS LAW SECTION 5-1401 BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS EXECUTED, AND TO BE FULLY PERFORMED, IN SUCH STATE.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower hereby represents that it has dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Borrower shall indemnify, defend and hold Lender Indemnitees harmless from and against any and all claims, liabilities, costs and expenses of any kind (including any Lender Indemnitee’s attorneys’ fees and expenses) in any way relating to or arising from a claim by any Person that such Person acted on behalf of Borrower or Lender in connection with the transactions contemplated herein. The provisions of this Section 11.21 shall survive the expiration and termination of this Agreement and the payment of the Debt.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: be characterized as an obligation to pay alimony, maintenance, or support, or whether it would be characterized in some other way, such as an obligation to comply with the terms of a contract. He contends that if the quoted language is interpreted as dealing with the purpose of the debt, then it is superfluous because section 523(a)(5) already requires the debt to be for alimony, maintenance, or support. Mr. Biggs thus argues that because a Texas court would characterize the obligation under the Agreement as contractual, the debt is not “actually in the n rt decree requiring payment of $197,000 over a ten-year period was non-dischargeable support even though Indiana law did not provide for alimony in the circumstances of the case); Boyle v. Donovan, 724 F.2d 681, 683 (8th Cir.1984) (<HOLDING>). More significantly, Mr. Biggs’ argument Options: A. holding that a promise to pay postmajority educational expenses was nondischargeable support even though the relevant states law does not require such support past the age of majority B. holding that in an agreement where the father agreed to pay reasonable expenses to the extent that such expenses are not provided by any scholarship grant or other assistance for his sons education those expenses did not include loan repayment because it was not one of the forms of enumerated assistance C. holding that an agreement to pay sons college education expenses was nondischargeable support even though arkansas law does not require payment of such expenses D. holding agreement to pay for education expenses after high school not vague E. holding that an award for medical expenses is proper when the expenses have been incurred but not paid

assistant: The best answer is C. holding that an agreement to pay sons college education expenses was nondischargeable support even though arkansas law does not require payment of such expenses