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 Administrative Agent and each Lender (each, a “ Lending Party ”) agree to keep confidential any information furnished or made available to it by the Borrower pursuant to this Agreement and identified by the Borrower as proprietary or confidential; provided that nothing herein shall prevent any Lending Party from disclosing such information (a) to any other Lending Party or any Affiliate of any Lending Party, or any officer, director, employee, agent, or advisor of any Lending Party or Affiliate of any Lending Party for purposes of administering, negotiating, considering, processing, implementing, syndicating, assigning, or evaluating the credit facilities provided herein and the transactions contemplated hereby, (b) to any other Person if directly incidental to the administration of the credit facilities provided herein, (c) as required by any Legal Requirement, (d) upon the order of any court or administrative agency, (e) upon the request or demand of any regulatory agency or authority or in connection with any pledge or assignment pursuant to Section 9.06(d) , (f) that is or becomes available to the public or that is or becomes available to any Lending Party other than as a result of a disclosure by any other Lending Party prohibited by this Agreement, (g) in connection with any litigation relating to this Agreement or any other Loan Document to which such Lending Party or any of its Affiliates may be a party, (h) to the extent necessary in connection with the exercise of any right or remedy under this Agreement or any other Loan Document, and (i) to any actual or proposed participant or assignee, in each case, subject to provisions similar to those contained in this Section 9.08 . NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, nothing in this Agreement shall (a) restrict any Lending Party from providing information to any bank or other regulatory or governmental authorities, including the Federal Reserve Board and its supervisory staff; (b) require or permit any Lending Party to disclose to the Borrower or any Affiliate thereof that any information will be or was provided to the Federal Reserve Board or any of its supervisory staff; or (c) require or permit any Lending Party to inform the Borrower or any Affiliate thereof of a current or upcoming Federal Reserve Board examination or any nonpublic Federal Reserve Board supervisory initiative or action.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as would not reasonably be expected to result in a Material Adverse Effect, the Borrower and its Subsidiaries own, or have secured licenses for, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, and other intellectual property rights that are reasonably necessary for the operation of their respective business (collectively, “ IP Rights ”). To the knowledge of each Loan Party and its Subsidiaries, the use of the IP Rights in connection with such businesses does not materially infringe or misappropriate the rights of any other Person. To the knowledge of the Borrower and its Subsidiaries, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the Borrower or any of its Subsidiaries materially infringes upon any rights held by any other Person. No claim or litigation regarding any of the foregoing is pending or, to the knowledge of the Borrower and its Subsidiaries, threatened in writing, that, in either case, would reasonably be expected to have a Material Adverse Effect.

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 case excerpt and choose the best holding from the options. Case excerpt: sloppy collection techniques of Dr. Pope in other cases, was also correct. As discussed above, Overton’s claim that the State did not provide notes from brainstorming sessions is insufficiently pled because it is based on pure speculation. See Gore, 846 So.2d at 466-67. Additionally, as discussed above, Overton’s claim that the S istance due to a rule of professional conduct that prevents the interviewing of jurors, has no merit and was facially invalid. During the Huff hearing, Over-ton’s counsel stipulated that this was the particular rule in place and that this was a purely legal issue. The claim is proeedurally barred because it could have been asserted on direct appeal and is now being couched in terms of ineffective assistance. See Arbelaez v. State, 775 So.2d 909, 920 (Fla.2000) (<HOLDING>). Moreover, this Court has previously Options: A. holding claim of deprivation of right to competent mental health evaluation was procedurally barred because it could have been raised on direct appeal B. holding that the defendants habeas claim was procedurally barred because it could have been or was raised in his postconviction motion C. holding that the claim of not being able to interview jurors was procedurally barred because the claim should and could have been raised on direct appeal D. holding that a caldwell claim is procedurally barred if it is not raised on direct appeal E. holding that the caldwell claim is procedurally barred because it could have been raised on direct appeal but was not

assistant: The best answer is C. holding that the claim of not being able to interview jurors was procedurally barred because the claim should and could have been raised on direct appeal
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: established statutory or constitutional rights of which a reasonable person would have known.” (citation and internal quotation marks omitted)); see also Ashcroft v. al-Kidd, 563 U.S. 731, 743, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011) (qualified immunity “protects all but the plainly incompetent or those who knowingly violate the law” (citation and internal quotation marks omitted)). Because the district court properly dismissed the action for failure to state a claim, Player had no right to a jury trial. We reject as without merit Player’s contention that Magistrate Judge Bush and District Judge Lodge should have recused themselves from this case solely because they graduated from the University of Idaho. See United States ex rel. Hochman v. Nackman, 145 F.3d 1069, 1076 (9th Cir. 1998) (<HOLDING>). AFFIRMED. ** This disposition is not Options: A. holding that where appellant moved to recuse trial judge from deciding the motion for new trial the judge of the administrative district was required to designate a judge to hear the recusal motion B. holding that recusal is not required when judge has minimal alumni contacts with a defendant university C. holding that party who had sought disqualification of the judge who heard his cause only from the assignment judge and not the judge himself could not appropriately raise recusal issue on appeal D. holding that recusal was required based on newspaper report of interview with trial judge E. holding recusal not required

assistant: The best answer is B. holding that recusal is not required when judge has minimal alumni contacts with a defendant university
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: they were not suspected of any criminal activity. Particularly where, as here, an officer initiates an investigatory encounter based on some suspicious circumstances, the officer could easily feel threatened by an armed person and be justified in conducting a frisk. “The danger to officer safety that justifies a protective search” may arise even during a consensual encounter. United States v. Davis, 202 F.3d 1060, 1063 (8th Cir.2000). Other situations could also lead an officer to fear for his safety during a consensual encounter. For example, a person might become belligerent or show signs of mental instability during a consensual encounter, even if the person’s actions do not give rise to suspicion of criminal activity. See United States v. Brown, 232 F.3d 589, 593-95 (7th Cir.2000) (<HOLDING>). Not every threatening action is criminalized, Options: A. holding that a threat to harm another person is a crime of violence B. holding that threat occurring 36 days before possession of firearm not present threat C. holding a reasonable officer could perceive a threat to his safety from a potentially drunk person acting erratically D. holding that when the officer has a reasonable suspicion that illegal drugs are in the vehicle the officer may in the absence of factors allaying his safety concerns order the occupants out of the vehicle and pat them down briefly for weapons to ensure the officers safety and the safety of others E. holding that a motion to strike was improper where defendant assisted a drunk minor in his negligence by driving the drunk minor to his car

assistant: The best answer is C. holding a reasonable officer could perceive a threat to his safety from a potentially drunk person acting erratically
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 Original Agreement and this First Amendment contain the entire understanding of the Company and Executive with respect to the subject matter hereof, and supersede all prior representations, agreements and understandings relating to the subject matter hereof. In the event of an inconsistency between the terms of the Original Agreement and this First Amendment with respect to the matters the subject matter hereof, this First Amendment will govern. Except as explicitly amended by this First Amendment, the Original Agreement shall remain in full force and effect and are not altered in anyway.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 18.7 this paragraph 18 , along with paragraphs , 4.2 , 12 , 20.3 and any other provisions , which are expressed or clearly intended to survive or operate in the event of termination , shall survive termination of the 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: by completing a booking , you agree to receive ( i ) an email which we may send you shortly prior to your arrival date , giving you information on your destination and providing you with certain information and offers ( including third party offers to the extent that you have actively opted in for this information ) relevant to your reservation and destination , and ( ii ) an email which we may send to you promptly after your stay inviting you to complete our guest review form .

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: you agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials , you shall not acquire any ownership rights in or to such materials .

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: All notices, demands, requests, consents and other communications to any party hereunder shall be given in writing, or by any telecommunication device capable of creating a written record (including electronic email), and addressed to the party to be notified (a) in the case of a Guarantor, in care of the Borrower at the Borrower’s address specified in Section 9.02(a) of the Credit Agreement and (b) in the case of the Agent, at its address specified in Section 9.02(a) of the Credit Agreement. All other notice provisions (and related defined terms) set forth in Section 9.02 of the Credit Agreement are hereby incorporated herein by reference, mutatis mutandis .

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: proof of self-defense as applied to the facts of her case.” Flenoy claims this was prejudicial to her because “but for her mistaken understanding of the law of self-defense as applied to her case, she would not have chosen to plead guilty.” Before addressing the merits of Flenoy’s single issue on appeal, we must determine whether we have the power to do so. Rule 24.035 requires a movant to “include every claim known to the movant for vacating, setting aside, or correcting the judgment or sentence,” and requires the movant to acknowledge “the movant’s understanding that the movant waives any claim for relief known to the movant that is not listed in the motion.” Rule 24.035(d) (emphasis added). Rule 24.035 also sets forth express timeframes within which claims for relief must be fil 6) (<HOLDING>). Moreover, a claim for relief not raised in a Options: A. holding that a ground for relief not pled in a motion for postconviction relief is waived and cannot be raised on appeal B. holding that claims raised in a postconviction motion cannot be relitigated in a habeas petition C. holding that arguments not raised in district court are waived D. holding that claims not raised in a timely postconviction motion are waived E. holding that arguments not raised in opposition to a motion for summary judgment are waived

assistant: The best answer is D. holding that claims not raised in a timely postconviction motion are waived
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: please also note that the linked sites are not under our control and may collect data or ask you to provide them with your personal or other information , or they may automatically collect information from you .

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 411 U.S. 144 93 S.Ct. 1245 36 L.Ed.2d 113 OHIO MUNICIPAL JUDGES ASSOCIATION et al.v.Arthur DAVIS et al. No. 72—1010. March 26, 1973. Rehearing Denied Apr. 23, 1973. See 411 U.S. 959, 93 S.Ct. 1923. PER CURIAM. 1 The motion of American Civil Liberties Union of Ohio, Inc., for leave to file a brief, as amicus curiae, is granted. 2 On the ground that it was beyond its authority to grant the primary relief sought, the United States District Court, 57 F.R.D. 64, dismissed appellants' suit which alleged that Art. IV, § 6(B), of the Ohio Constitution denied equal protection of the laws under the Fourteenth Amendment to the United States Constitution. The judgment is affirmed, but on the ground that appellants' constitutional challenge to Art. IV, § 6(B), was without merit. 3 So ordered. 4 Judgment affirmed.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: services shall include , but not be limited to , any services 9gag , inc performs for subscriber , as well as the offering of any content ( as defined below ) on the site .

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: The Company represents and warrants to Engine that (a) the Company has the corporate power and authority to execute this Agreement and to bind it thereto, (b) this Agreement has been duly and validly authorized, executed and delivered by the Company, constitutes a valid and binding obligation and agreement of the Company, and is enforceable against the Company in accordance with its terms, except as enforcement thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or similar laws generally affecting the rights of creditors and subject to general equity principles and (c) the execution, delivery and performance of this Agreement by the Company does not and will not (i) violate or conflict with any law, rule, regulation, order, judgment or decree applicable to the Company, or (ii) result in any breach or violation of or constitute a default (or an event which, with notice or lapse of time or both, could constitute such a breach, violation or default) under or pursuant to, or result in the loss of a material benefit under, or give any right of termination, amendment, acceleration or cancellation of, any organizational document, agreement, contract, commitment, understanding or arrangement to which the Company is a party or by which it is bound.

assistant: Representations
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: addition to the items we discuss below, Rollins also moved to compel Cone's written progressive discipline policy; the descriptions of the Transporter and Merchandiser positions; EEOC and Florida Commission on Human Relations charge forms served on Cone since 2010; files that Cone human resources employees possessed discussing complaints of harassment, retaliation, or discrimination since 2010; and documents created by Null regarding employee discipline. Although Rollins mentions these items in passing on appeal, she fails to provide any specific arguments about why the district court erred in refusing to compel their production. We therefore decline to review the district court’s rulings on these items. See Sapuppo v. Allstate Floridian Ins. Co., 739 F.3d 678, 680-81 (11th Cir. 2014) (<HOLDING>). 2 . The FCRA also makes it unlawful for Options: A. holding issues not adequately briefed on appeal are abandoned B. holding that issues not briefed on appeal even by a pro se litigant are deemed abandoned C. holding that generally arguments not briefed on appeal are deemed abandoned or waived D. holding that issues must be briefed to be preserved on appeal E. holding that arguments not briefed are abandoned

assistant: The best answer is A. holding issues not adequately briefed on appeal are abandoned
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: Sections 4.1 through 4.6 inclusive (as applicable to the relevant circumstance of termination only), Articles V, VI and VII shall survive and continue in full force in accordance with their terms notwithstanding any termination of Executive’s employment hereunder or termination of the Employment Period.

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 case excerpt and choose the best holding from the options. Case excerpt: she did not remember demanding money of the store clerk and states that her companion told the clerk to open the cash register. Yet, according to the clerk’s testimony, it was she, the female robber, who demanded money. She emphasized her drunken state and implied that her accomplices threatened her. Because Miles may reasonably have thought such a statement would decrease her practical exposure to criminal liability, the statement was not reliable as being against her penal interest. Cf. Williamson, 512 U.S. at 601, 114 S.Ct. at 2435 (stating that court “may not just assume ... that a statement is self-inculpatory because it is part of a fuller confession, and this is especially true when the statement implicates someone else”); id. at 604, 114 S.Ct. at 2437 (O’Connor, J., concurring) (<HOLDING>); Earnest, 87 F.3d at 1134 (noting that proper Options: A. holding improperly admitted testimony was cumulative to the other properly admitted evidence and was therefore harmless B. holding that codefendants statement was not properly admitted because a reasonable person in declarants position might even think that implicating someone else would decrease his practical exposure to criminal liability at least as far as sentencing goes C. holding that discrepancy between declarants testimony at preliminary hearing compared to his translated statement offered at trial went to weight not admissibility of statement D. holding that appellants statement i think i need a lawyer is just as ambiguous as the statement made by the defendant in davis E. holding that when the testimony relating each of the statements by codefendants was admissible against at least one of the codefendants the statements were not rendered inadmissible because each statement would be hearsay as to the other two defendants

assistant: The best answer is B. holding that codefendants statement was not properly admitted because a reasonable person in declarants position might even think that implicating someone else would decrease his practical exposure to criminal liability at least as far as sentencing goes
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 Closing of the purchase and sale of the Units pursuant to hereto shall take place at the offices of Bass, Berry & Sims PLC on the Closing Date or at such other location or remotely by facsimile transmission or other electronic means as determined by the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: were compliant ■with the officers’ demands at all times. Notwithstanding this compliance, Todd holstered his weapon and punched Gurley in the jaw without provocation. Thereafter, Todd called out for a taser, and Epperson came around the corner of the house, yelled “Stop!,” and immediately shot Gur-ley twice. Thus, the “factors identified in Graham weigh against [the officers] and in favor of finding excessive use of force.” Id. Though the officers believed the suspects were committing a burglary—a crime that could be considered severe in Missouri given that it is a felony, see Mo. Rev. Stat. § 569.160(2)—the nature of any crime that the officers suspected is overshadowed by the suspects’ compliance, see Bell v. Kansas City Police Dep’t, 635 F.3d 346, 347 (8th Cir. 2011) (per curiam) (<HOLDING>). The two suspects exited the house when Options: A. holding that an officers use of force against a plaintiff was objectively reasonable considering the force the plaintiff herself exercised in resisting police custody B. holding that whether an officers force was reasonable must be analyzed under the reasonableness standard of the fourth amendment C. recognizing that police officers may use reasonable force to make a lawful arrest D. holding that where the plaintiffs evidence supported a finding that the defendants had applied force to restrain him the jury must determine not only whether the officers were justified in using force at all but if so whether the degree of force actually used was reasonable E. holding that compliance with an officers orders is a material fact when deciding whether the officers use of force was reasonable

assistant: The best answer is E. holding that compliance with an officers orders is a material fact when deciding whether the officers use of force was reasonable
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: not decide that question today. The government contends that whenever a portion of a sentencing package is challenged, the -judge modifying the sentencing package should be able to modify any portion of that package as long as the resulting aggregate sentence is less onerous than it was prior to the challenge. This argument is based on the holistic nature of the trial judge’s sentencing decision: .rather than sentencing count by count, the judge looks at the .totality of the defendant’s conduct and fashions a sentencing package he deems to he the appropriate societal response. This government contention has already been accepted by this court as the preferable approach in the context of resentencing after a direct appeal. See, e.g., United States v. Curry, 902 F.2d 912 (11th Cir. 1990) (<HOLDING>). The context of a Rule' 35 challenge to a Options: A. holding sentence on some but not all counts illegal but nonetheless vacating all of the sentenceslegal and illegalto allow sentencing judge to refashion new overall sentencing plan B. holding that the sentencing judge could consider the defendants subsequent arrest even though the charges were dismissed during sentencing C. holding that a sentence not in compliance with the mandatory provisions of a sentencing statute was illegal and appealable D. holding that the whole point in hale is that once the habitual offender sentencing scheme is utilized to enhance a sentence beyond the statutory maximum on one or more counts arising from a single criminal episode consecutive sentencing may not be used to further lengthen the overall sentence and certifying conflict with davis E. recognizing that sentencing judges have the discretion to reject any sentencing guideline but no judge is required to do so

assistant: The best answer is A. holding sentence on some but not all counts illegal but nonetheless vacating all of the sentenceslegal and illegalto allow sentencing judge to refashion new overall sentencing plan
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 protest in question here. Accordingly, Plaintiff’s protest fails to present a timely, valid challenge to Customs’ acceptance of MPF tender, as Plaintiff filed that protest more than ninety days after Customs’ decision. Based on the analysis above, the Court concludes that Plaintiff’s protest dated February 6, 1995, was untimely filed, as Plaintiff failed to file it within ninety days of the Customs decisions that it seeks to challenge. Plaintiff, however, sets forth one additional argument to support its contentions that it filed a timely protest. CRMC appears to argue that its subsequent actions cured the defects of the untimely protést. Plaintiff claims that it properly filed, on February 10, 2000, a request for accelerated disposition t. App. 113, 117, 603 F.2d 850, 853 (1979) (<HOLDING>); Everflora Miami, Inc. v. United States, 19 Options: A. holding that although the jurisdiction limitation also works to make decisions final and conclusive upon the government unless it acts to revise them within the limitations period there was no such decision that triggered the ninetyday period and consequently a failure to invoke jurisdiction B. holding that the proper focus when determining the starting point of the limitations period is upon the time of the discriminatory acts not upon the time at which the consequences of the acts became most painful C. holding that the court lacked jurisdiction over customs allegedly erroneous duty assessments because the importer failed to timely protest liquidation which thereby made the customs decision final and conclusive upon the parties D. holding that refusal by customs officials to reliquidate entries became final and conclusive upon the importer when it failed to file a protest within the previously mandated sixtyday limitations period E. holding that the charge was timely when filed within the statute of limitations period even though served after the period

assistant: The best answer is D. holding that refusal by customs officials to reliquidate entries became final and conclusive upon the importer when it failed to file a protest within the previously mandated sixtyday limitations period
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: courts.” Oliva v. Pan Am. Life Ins. Co., 448 F.2d 217, 221 (5th Cir.1971). We therefore affirm the summary judgment on the i.ie.d. claim. V. La Day asserts a state law tort claim that Catalyst is vicariously liable for Craft’s alleged torts against him, including assault, battery, and ii.e.d. Under Louisiana law, “an employer is liable for a tort committed if, at the time, the employee was acting within the course and scope of his employment.” Baumeister v. Plunkett, 673 So.2d 994, 996 (La.1996). Louisiana courts consider four factors in determining whether this standard for vicarious liability is met: (1) whether the tortious act was primarily employment rooted; (2) whether the violence was reasonably incidental to t , at *4, 1999 U.S. Dist. LEXIS 5896, at *10 (E.D.Pa. Apr. 20, 1999) (<HOLDING>). 4 . Rene was argued and submitted to the en Options: A. recognizing that when the facts alleged in the administrative complaint are not disputed this leaves only conclusions of law to be drawn as to whether the admitted facts constitute a violation of the statutes as charged and penalties to be imposed B. holding that the court must assume on summary judgment that the nondecisionmakerharasser relayed the plaintiffs complaints about sexual harassment to the decisionmaker even though both the harasser and the decisionmaker denied this fact the harasser was present at the meeting in which it was decided that plaintiff would be terminated he had an incentive to pass on this information and his credibility was in question as to other matters C. holding that evidence of misrepresentations by creditor might support conclusion of bad faith but concluding that any such misconduct was immaterial D. holding that it is impossible to say that reasonable men might not differ in their judgment upon the question and therefore this court would not be warranted in disturbing the verdict of the jury E. holding that disputed facts exist to suggest that the alleged harasser might be sexually oriented towards men but declining to recite details of the evidence supporting this conclusion

assistant: The best answer is E. holding that disputed facts exist to suggest that the alleged harasser might be sexually oriented towards men but declining to recite details of the evidence supporting this conclusion
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: Attached hereto as Schedule 10(a) is a complete and correct schedule setting forth each Perfection Entity’s Copyrights registered (or applied for) with the United States Copyright Office and exclusive Copyright Licenses (where such Perfection Entity is the licensee thereunder), including the name of the registered owner and the registration number of each such Copyright and, if applicable, the licensee and licensor. Attached hereto as Schedule 10(b) is a complete and correct schedule setting forth each Perfection Entity’s Patents registered (or applied for) with the United States Patent and Trademark Office, including the name of the registered owner and the registration number of each such Patent. Attached hereto as Schedule 10(c) is a complete and correct schedule setting forth each Perfection Entity’s Trademarks registered (or applied for) with the United States Patent and Trademark Office, including the name of the registered owner and the registration number of each such Trademark.

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 case excerpt and choose the best holding from the options. Case excerpt: (1966) (reversing conviction where bailiff said of defendant to juror “[o]h, that wicked fellow, he is guilty.”). The question that we must initially address, however, is whether the court erred in finding that the Roberts Affidavit was obtained in violation of Local Rule 5.01(d). This is a factual finding that we reverse only if clearly erroneous. See United States v. Floyd, 281 F.3d 1346, 1348 (11th Cir.2002). Having considered the bri t contact with jurors, the district court’s use of these powers is informed by interests important to the integrity of the judicial process. One such interest is the court’s strong 'interest in protecting jurors from threats and needless harassment from unsuccessful parties. McDonald v. Pless, 238 U.S. 264, 267, 35 S.Ct. 783, 784, 59 L.Ed. 1300 (1915) (<HOLDING>). Indeed, this circuit’s pattern instruction Options: A. holding that the trial court was without authority to set aside entry of default on motion to set aside default judgment B. recognizing that a trial court can set aside verdict C. holding that the trial courts denial of a motion to set aside the verdict for insufficient evidence is reviewable only for abuse of discretion D. recognizing that jurors have the right to reject that part of the evidence believed by them to be untrue and to accept that found by them to be true E. recognizing that jurors should be protected from being harassed and beset by the defeated party in an effort to secure from them evidence of facts which might establish misconduct sufficient to set aside a verdict

assistant: The best answer is E. recognizing that jurors should be protected from being harassed and beset by the defeated party in an effort to secure from them evidence of facts which might establish misconduct sufficient to set aside a verdict
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 Pledgor hereby agrees to indemnify the Collateral Agent, and its successors, assigns, agents and employees, from and against any and all liabilities, damages, penalties, suits, fees, costs, and expenses of any kind and nature (including, without limitation, all expenses of litigation or preparation therefor whether or not the Collateral Agent is a party thereto) imposed on, incurred by or asserted against the Collateral Agent, or its successors, assigns, agents and employees, in any way relating to or arising out of this Agreement, or the manufacture, purchase, acceptance, rejection, ownership, delivery, lease, possession, use, operation, condition, sale, return or other disposition of any Collateral (including, without limitation, latent and other defects, whether or not discoverable by the Collateral Agent or any Pledgor, and any claim for Patent, Trademark or Copyright infringement) in accordance with Article 6 and Article 15 of the Indenture.

assistant: Indemnity
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 irrevocably agree that any legal proceeding in respect of this Agreement may be brought in the courts of the State of New York sitting in the Borough of Manhattan or the United States District Court of the Southern District of New York sitting in the Borough of Manhattan (collectively, the “ Specified Courts ”). The parties hereby irrevocably submit to the nonexclusive jurisdiction of the state and federal courts of the State of New York. The parties hereby irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement brought in any Specified Court, and hereby further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. The parties further irrevocably consent to the service of process out of any of the Specified Courts in any such suit, action or proceeding by the mailing of copies thereof by certified mail, return receipt requested, postage prepaid, to any party at its address as provided in this Agreement or as otherwise provided by applicable law. Nothing herein shall affect the right of any party to commence proceedings or otherwise proceed against any other party in any jurisdiction or to serve process in any other manner permitted by applicable law. The parties hereto agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by applicable law. BAFC hereby irrevocably and unconditionally waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any legal action or proceeding referred to in this Section 11.17 any special, exemplary, punitive or consequential damages.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in describing areas of the bedroom where accelerant was likely poured, e.g., on the flooring immediately surrounding the bed where the photo depicts flooring as completely missing. Fourth, the photo depicted for the jury the massive damage done by the fire to the victims and the area immediately surrounding them such that, as investigator Yao opined, it significantly interfered with the recovery of projectiles and other forensic evidence. Finally, and although not argued by the parties, Exhibit 1-C is also probative of the avoid arrest aggravating circumstance, where it is clear from the photo that the defendants sought to leave no shred of evidence linking them to this crime by torching the victims and their immediate surroundings. See Gudinas v. State, 693 So.2d 953, 963 (Fla.1997) (<HOLDING>). Nor can State’s Exhibit 1-C be called Options: A. holding a similar nevada aggravating circumstance unconstitutionally vague under godfrey B. holding allegedly gruesome photos relevant to proving aggravating circumstance C. holding the same nevada aggravating circumstance unconstitutionally vague under godfrey D. holding that an aggravating circumstance in the georgia death penalty statute was unconstitutionally vague E. holding that photos were not needed to prove felonymurder aggravating factor

assistant: The best answer is B. holding allegedly gruesome photos relevant to proving aggravating circumstance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent that Global Cash Access Holdings, Inc. (“Holdings”), Client’s parent entity, is no longer a public reporting company under the securities laws of the United States, Client will, from time to time, deliver to Wells Fargo copies of its quarterly and annual financial statements and reports as reasonably requested by Wells Fargo, together with any financial information supporting such financial statements and reports. Quarterly financial statements will be due within 45 days of the end of each quarter and annual financial statements within 90 days of the end of each fiscal year.

assistant: Financial 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: This Agreement constitutes the entire agreement between the Parties concerning the confidentiality and nondisclosure obligations with respect to Confidential Information disclosed in connection with the Purpose and may not be modified or amended except in a written instrument executed by both Parties. The Parties represent that they have read this Agreement, understand it, and agree to be bound by its terms and conditions. There are no understandings or representations, express or implied, which are not expressed herein. No provision herein is to be construed against or in favor of any Party on the basis of authorship.

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: briefing to address whether Boulais preserved a Booker claim and whether his case should be remanded for resentencing. DISCUSSION We review a preserved claim of Booker error under the harmless error standard. United States v. Vazquez-Rivera, 407 F.3d 476, 488 (1st Cir.2005); see Booker, 125 S.Ct. at 769. Here, Boulais preserved 80 n. 8 (1st Cir.2005). Second, Boulais objects on constitutional grounds to any use of prior convictions not charged in the information or proved to a jury. However, as we have made clear, following Booker, “it remains the law that previous criminal convictions are not ‘facts’ that must be found by a jury and proved beyond a reasonable doubt.” United States v. Work, 409 F.3d 484, 491 n. 1 (1st Cir.2005) (citation omitted); see also Ivery, 427 F.3d at 74 (<HOLDING>). Here, the presentence report and the district Options: A. holding that nothing in blakely or booker alters the continuing validity of the almendareztorres exception to apprendi B. holding that almendareztorres was not overruled by apprendi C. holding that almendareztorres remains good law after apprendi D. recognizing the prior conviction exception of almendareztorres E. holding that almendareztorres remains the law after apprendi

assistant: The best answer is A. holding that nothing in blakely or booker alters the continuing validity of the almendareztorres exception to apprendi
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 ISSUES AND QUESTIONS CONCERNING THE APPLICATION, CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT AND THE EXHIBITS AND SCHEDULES TO THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF DELAWARE, AND SPECIFICALLY THE GENERAL CORPORATION LAW OF THE STATE OF DELAWARE, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS (WHETHER OF THE STATE OF DELAWARE OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF DELAWARE.

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: and Paroles, 677 So.2d 1261 (Ala.Crim.App.1996); and Sloan v. Alabama Board of Pardons and Paroles, 647 So.2d 85 (Ala.Crim.App.1994). Because the initial decision to grant or deny parole is completely within the discretion of the Board, such a decision should not be reviewable by state comets. See Braxton v. Josey, 567 F.Supp. 1479, 1480 (D.Md.1983) (noting that review was appropriate in federal court because “Maryland does not provide for judicial review of decisions to deny parole”). Compare Quintero v. Board of Parole and Post-Prison Supervision, 329 Or. 319, 986 P.2d 575, 579 (1999) (noting that state statute “provides that ‘any decision relating to a release date’ is not subject to judicial review”). Cf. Esensoy v. Board of Pardons and Paroles, 793 So.2d 774, 778 (Ala.2000) (<HOLDING>); Kirk v. State, 536 So.2d 118, 119 Options: A. holding that judicial review of the boards denial of a request for remission of a fine or forfeiture is limited to those situations where the board has failed to consider a request that it exercise its discretion or where there is justification for the courts exercising its equitable jurisdiction B. holding that denial of untimely request was not abuse of discretion C. holding that third party seeking to be reimbursed for costs incurred in responding to discovery request had standing to appeal because its interests were directly represented by its own counsel in the trial court it was effectively bound by the trial courts final order of dismissal the other party would have had the right to appeal the trial courts ruling if it had granted the request for reimbursement and the third party had no other legal remedy to contest the trial courts denial of its request D. holding that in its review of the irs exercise of discretion the court is limited to a review of the administrative record E. holding that the trial court failed to exercise its discretion in merely stating that the request could not be granted because there was no transcript at this point

assistant: The best answer is A. holding that judicial review of the boards denial of a request for remission of a fine or forfeiture is limited to those situations where the board has failed to consider a request that it exercise its discretion or where there is justification for the courts exercising its equitable jurisdiction