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: This Agreement (together with its exhibits, which are incorporated herein by reference) constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous negotiations, agreements and understandings, whether oral or written, relating to the subject matter hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Transactions (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority, except such as have been obtained or made and are in full force and effect, (b) will not violate the charter, by-laws or other organizational documents of the Company or any of its Subsidiaries, (c) will not violate any applicable law, rule or regulation or any order of any Governmental Authority, (d) will not violate or result in a default under any indenture, agreement or other instrument binding upon the Company or any of its Subsidiaries or its material assets, or give rise to a right thereunder to require any payment to be made by the Company or any of its Subsidiaries, and (e) will not result in the creation or imposition of any Lien on any asset of the Company or any of its Subsidiaries pursuant to the terms of any indenture, agreement or other instrument binding on the Company or any of its Subsidiaries, except in each case (other than in the case of clause (b)), where the absence of such consent or approval, or the failure to make such registration or filing, or take such other action, or such violation, default, payment or Lien would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Credit Party has full power, authority and legal right to enter into this Agreement and the Other Documents and to perform all its respective Obligations hereunder and thereunder. This Agreement and the Other Documents have been duly executed and delivered by Credit Parties, and this Agreement and the Other Documents constitute the legal, valid and binding obligation of Credit Parties enforceable in accordance with their terms, except as such enforceability may be limited by any applicable bankruptcy, insolvency, moratorium or similar laws affecting creditors’ rights generally. The execution, delivery and performance of this Agreement and of the Other Documents (a) are within Credit Parties’ corporate powers, have been duly authorized by all necessary corporate action, are not in contravention of applicable law or the terms of Credit Parties’ by-laws, certificate of incorporation or other applicable documents relating to Credit Parties’ formation or to the conduct of Credit Parties’ business or of any material agreement or undertaking to which Credit Parties are a party or by which Credit Parties are bound, (b) will not conflict with or violate any applicable law or regulation, or any judgment, order or decree of any Governmental Body, (c) will not require the Consent of any Governmental Body or any other Person, except those Consents set forth on Schedule 5.1 hereto, all of which will have been duly obtained, made or compiled prior to the Closing Date and which are in full force and effect and (d) will not conflict with, nor result in any breach in any of the provisions of or constitute a default under or result in the creation of any Lien except Permitted Encumbrances upon any asset of Credit Parties under the provisions of any agreement, charter document, instrument, by-law or other instrument to which Credit Parties are a party or by which they or their property is a party or by which they may be bound, including without limitation, the Term Loan Documents and Acquisition Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 38. The holdings in Scott and similar cases are in line with the trial judge’s inherent power to “impose reasonable limitations on access to a trial” to ensure the fair and efficient administration of justice. Press-Enterprise, 464 U.S. at 510 n. 10, 104 S.Ct. 819 (citing Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 581 n. 18, 100 S.Ct. 2814, 65 L.Ed.2d 973 (1980)); Scott, 564 F.3d at 38-39 (praising trial court for preserving defendant’s right to a public trial “while also facilitating the orderly and efficient functioning of the courtroom”). See also Meachum, 11 F.3d at 380 (“Reasonable time, place, and manner limitations on access to the courtroom are permitted to ensure the fair and efficient administration of justice.”); Snyder v. Coiner, 510 F.2d 224, 230 (4th Cir.1975) (<HOLDING>). In Bucci’s case, as in the jury charge cases, Options: A. holding that judge had power to limit ingress and egress of persons during counsels final arguments because it was a reasonable limitation to prevent disturbance B. holding that appellant landowner who complained of a sewer pipe being laid offshore his property had the incorporeal right to free ingress and egress to abutting navigable waters C. recognizing that a principal may limit the authority of its agent and such limitation will be binding on a third party who is aware of the limitation D. holding that regulatory restrictions on abutting landowners right of ingress and egress are not compensable when landowner has adequate alternative means to access property E. holding that it is inappropriate to make a claim to the jury during closing arguments when no evidence hals been presented during trial to support it

assistant: The best answer is A. holding that judge had power to limit ingress and egress of persons during counsels final arguments because it was a reasonable limitation to prevent disturbance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to provide them with continuity in their environment, and to assure that they maintained a strong relationship with their other parent. The decision of the superior court is therefore AFFIRMED. 1 . See AS 25.24.150(c)(2). 2 . See AS 25.24.150(c)(5). 3 . See AS 25.24.150(c)(6). 4 . Vachon v. Pugliese, 931 P.2d 371, 375 (Alaska 1996) (citations omitted). 5 . Kessler v. Kessler, 827 P.2d 1119, 1119 (Alaska 1992). 6 . Brosnan v. Brosnan, 817 P.2d 478, 480 (Alaska 1991). 7 . 408 N.W.2d 901, 904 (Minn.App.1987). 8 . Id. 9 . 258 Iowa 447, 138 N.W.2d 93 (1965). 10 . See id. 138 N.W.2d at 96. 11 . 288 Ala. 585, 264 So.2d 146 (1972). 12 . See id. 264 So.2d at 152. 13 . See Alaska R. Civ. P. 46(f). 14 .See Oceanview Homeowners Ass'n v. Quadrant Constr. & Eng’g, 680 P.2d 793, 797 (Alaska 1984) Options: A. holding claims raised for first time on appeal will not be considered absent exceptional circumstances B. holding failure to raise issue in statement of points does not forfeit it on appeal C. holding that an issue raised for the first time on appeal will not be considered by this court D. holding that an issue not presented to the trial court will not be considered on appeal E. holding that issue not included in points on appeal will not be considered absent mitigating circumstances

assistant: The best answer is E. holding that issue not included in points on appeal will not be considered absent mitigating circumstances
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to establish its consideration of a legal issue”). Like the Eighth Circuit, we do not believe that a district court errs when it fails “to explain a revocation sentence that is consistent with all applicable policy statements.” United States v. Caves, 73 F.3d 823, 825 (8th Cir.1996). IV. In addition to imposing eleven months confinement, the district court’s revocation order in CR-29 stated that the unpaid portions of Johnson’s fine and reimbursement costs for his court appointed counsel “remain in effect.” Johnson argues that the district court could not reimpose those obligations in the written judgment order revoking Johnson’s supervised release when it failed to reimpose them in open court in the revocation hearing. See United States v. Layman, 116 F.3d 105, 108 (4th Cir.1997) (<HOLDING>). We find that those obligations existed Options: A. holding that a sentence imposed for a violation of supervised release will be upheld where 1 the district court considered the applicable policy statements 2 the sentence is within the statutory maximum and 3 the sentence is reasonable B. holding that sentence is imposed when the district court orally pronounces it C. holding that a court is free to change an orally pronounced sentence until a written judgment is filed D. recognizing constitutional right to be present when sentence is imposed E. recognizing that we review the sentence imposed by a district court under the abuse of discretion standard

assistant: The best answer is B. holding that sentence is imposed when the district court orally pronounces it
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: There are no civil, criminal or administrative actions, suits, claims, hearings, arbitrations, investigations or other proceedings pending or, to Seller’s Knowledge, threatened against Seller that (a) relate to the Shares, (b) challenge the validity or enforceability of Seller’s obligations under this Agreement or (c) would, individually or in the aggregate, reasonably be likely to prevent, materially delay or materially impair the consummation of the Transactions. Seller is not a party to or subject to the provisions of any judgment, order, writ, injunction, decree or award of any Governmental Entity that would, individually or in the aggregate, reasonably be likely to prevent, materially delay or materially impair the consummation of the Transactions.

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 legal provision and list the applicable contract clause categories. Provision: Each of Purchaser and Seller represents to the other party that it dealt with no broker, finder or salesperson in connection with this Agreement, except for Eastdil Secured, LLC and CBRE Inc. (collectively, “ Broker ”). Purchaser shall indemnify, defend and hold Seller harmless from any brokerage or finder’s fee or commission claimed by any Person asserting its entitlement thereto at the alleged instigation of Purchaser, for or on account of this Agreement or the transactions contemplated hereby (excluding Broker). Seller shall indemnify, defend and hold Purchaser harmless from any brokerage or finder’s fee or commission claimed by any Person asserting its entitlement thereto at the alleged instigation of Seller for or on account of this Agreement or the transactions contemplated hereby. Seller shall pay Broker a commission pursuant to separate agreements between Seller and Broker. The provisions of this Article XI shall survive the Closing or termination of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The remedies provided in this Note shall be cumulative and in addition to all other remedies available under this Note and any of the other Transaction Documents at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the Holder’s right to pursue damages for any failure by the Company to comply with the terms of this Note. The Company covenants to the Holder that there shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, conversion and the like (and the computation thereof) shall be the amounts to be received by the Holder and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof). The Company shall provide all information and documentation to the Holder that is requested by the Holder to enable the Holder to confirm the Company’s compliance with the terms and conditions of this Note.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Lenders severally agree to indemnify the Administrative Agent, each Arranger, each Swingline Lender and each Issuing Lender (to the extent not reimbursed by the Borrower), according to their respective Pro Rata Shares from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever (including legal fees) which may be imposed on, incurred by, or asserted against the Administrative Agent, such Arranger or such Issuing Lender in its capacity as such in any way relating to or arising out of this Agreement or any other Credit Document or any action taken or omitted by the Administrative Agent, such Arranger, such Swingline Lender or such Issuing Lender under this Agreement or any other Credit Document ( INCLUDING THE ADMINISTRATIVE AGENT’S, THE ARRANGER’S, SUCH SWINGLINE LENDER’S OR SUCH ISSUING LENDER’S OWN NEGLIGENCE ) , provided that no Lender shall be liable for any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements found by a final judgment by a court of competent jurisdiction to have resulted from the Administrative Agent’s, such Arranger’s, such Swingline Lender’s or such Issuing Lender’s gross negligence or willful misconduct. Without limitation of the foregoing, each Lender agrees to (a) reimburse the Administrative Agent promptly upon demand for its ratable share of any out-of-pocket expenses (including counsel fees) incurred by the Administrative Agent in connection with the preparation, execution, delivery, modification or amendment of this Agreement or any other Credit Document, to the extent that the Administrative Agent is not reimbursed for such expenses by the Borrower and (b) reimburse the Administrative Agent promptly upon demand for its ratable share of any out-of-pocket expenses (including counsel fees) incurred by the Administrative Agent in connection with the administration or enforcement (whether through negotiations, legal proceedings or otherwise) of, or legal advice in respect of rights or responsibilities under, this Agreement or any other Credit Document, in each case to the extent that the Administrative Agent is not reimbursed for such expenses by the Borrower. All obligations of the Lenders provided in this Section 8.5 shall survive any termination of this Agreement and repayment in full of the Obligations. All amounts due under this Section 8.5 shall be payable not later than 30 days after demand therefor.

assistant: Indemnifications
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 his person or property or deprived of any right or privilege of a citizen of the United States” as a result of the officers’ alleged conspiracy. Farber v. City of Paterson, 440 F.3d 131, 134 (3d Cir.2006). As discussed previously, Mills suffered no injury to his constitutional rights. See Part II.A-B, supra. Accordingly, the District Court did not err in granting summary judgment on Mills’s claims under § 1985(3). D. Finally, Mills seeks reversal of the District Court’s grant of summary judgment on his several pendent state law claims. Because Mills’s arrest was supported by probable cause, however, his claims for false arrest, false imprisonment, and malicious prosecution cannot survive under Pennsylvania law. See Renk v. City of Pittsburgh, 537 Pa. 68, 641 A.2d 289, 293 (1994) (<HOLDING>); Lippay v. Christos, 996 F.2d 1490, 1502 (3d Options: A. recognizing that an arrest based on probable cause cannot be the basis of a claim for false arrestimprisonment B. holding that probable cause is a complete defense to an action for false arrest C. holding that a determination of probable cause does not bar a state law malicious prosecution claim where the claim is based on the police officers supplying false information to establish probable cause D. holding that there is no 1983 cause of action for false arrest unless the arresting officer lacked probable cause E. holding that the existence of probable cause is a complete defense to a 1983 claim alleging false arrest

assistant: The best answer is A. recognizing that an arrest based on probable cause cannot be the basis of a claim for false arrestimprisonment
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: 772 S.W.2d 551, 555 (Tex.App.-Dallas 1989, writ ref'd). As appellant asserts, the State did not establish the exact amount of time that elapsed between the shooting and Anderson’s statement to Cabbie. However, an approximate length of time was established. The evidence shows that the shooting occurred on March 1, 2001 between 2:20 a.m. and 4:45 a.m. Anderson’s statement was made the same day sometime after 1 a.m., but while it was still dark outside. Thus, although the exact amount of time between the shooting and the statement cannot be ascertained, it is clear that the elapsed time between the shooting and the statement was likely no more than a few hours. We cannot say that this amount of time disqualifies the statement from being an excited utterance. See Zuliani, 97 S.W.3d at 596 (<HOLDING>); Short v. State, 658 S.W.2d 250, 255 Options: A. holding statements qualified as excited utterances where declarant was scared and tired and her statements were in response to questions twenty hours after the event B. holding that the statements of a scared to death declarant whispering help me to police officers twenty hours after being assaulted were excited utterances C. holding that statements made while the declarant was in pain crying bleeding and having trouble breathing were properly admissible as excited utterances D. holding that the determination of whether statements are excited utterances is within the trial courts discretion and its ruling will be reversed only for an abuse of that discretion E. holding that the statements of a recently assaulted very upset and crying assault victim were excited utterances

assistant: The best answer is A. holding statements qualified as excited utterances where declarant was scared and tired and her statements were in response to questions twenty hours after the event
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: 485 U.S. 680 108 S.Ct. 1589 99 L.Ed.2d 770 UNITED STATES POSTAL SERVICE, petitioner,v.NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO. No. 87-59 Supreme Court of the United States April 27, 1988 On writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. PER CURIAM. 1 The writ of certiorari is dismissed as improvidently granted.

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 case excerpt and choose the best holding from the options. Case excerpt: v. Etto (In re Etta), 210 B.R. 734, 735-36 (Bankr.N.D.Ohio April 9, 1997) (defining a false pretense as an implied misrepresentation or conduct intended to create or foster a false impression; a false representation as an express misrepresentation by a debtor; and actual fraud as a deception intentionally practiced to induce another to part with property or surrender some legal right). 36 . Feld, 203 B.R. at 365. 37 . Id. (citing Field v. Mans, - U.S. -, -, 116 S.Ct. 437, 444, 133 L.Ed.2d 351 (1995)). 38 . In re Alvi, 191 B.R. at 729. 39 . Feld, at 365. 40 . Id. at 366; Chevy Chase Bank v. Briese (In re Briese), 196 B.R. 440, 449 (Bankr.W.D.Wis.1996). 41 . Field v. Mans, - U.S. -, -, 116 S.Ct. 437, 444, 133 L.Ed.2d 351 (1995). 42 . Ho re Burdge), 198 B.R. 773, 778 (9th Cir. BAP 1996) (<HOLDING>); AT&T Universal Card Serv. Corp v. Burns (In Options: A. holding where there is no duty to defend there is no duty to indemnify B. holding that jailers had no independent duty to investigate C. holding that where possible juror misconduct is brought to the trial judges attention he or she has a duty to investigate and to determine whether there may have been a violation of the sixth amendment D. holding that the duty to investigate applied to a specific murder suspect E. holding there is no ongoing duty to investigate before raising the credit limit if the debtor has a good payment history

assistant: The best answer is E. holding there is no ongoing duty to investigate before raising the credit limit if the debtor has a good payment history
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: ” United States v. Foree, 43 F.3d 1572, 1576 (11th Cir.1995) (quoting Gates, 462 U.S. at 233, 103 S.Ct. at 2329). An affidavit that recites the statements of an informant can provide a substantial basis for a finding of probable cause because “ ‘an explicit and detailed description of alleged wrongdoing, along with a statement that the event was observed firsthand, entitles the informant’s tip to greater weight than might otherwise be the case.’ ” United States v. Brundidge, 170 F.3d 1350, 1353 (11th Cir.1999) (quoting Gates, 462 U.S. at 234, 103 S.Ct. at 2330). Although independent corroboration aids in assessing the informant’s veracity, it is not required in every case. Id. The tip is corroborated when there exists a disincentive for the informant to lie. Foree, 43 F.3d at 1576 (<HOLDING>). The affidavit recited facts sufficient to Options: A. holding an informants tip if questionable can be corroborated by the observation of lawful conduct B. holding that a tip is corroborated when given in circumstances under which the informant is unlikely to lie because a falsehood would likely be discovered in short order and favors falsely curried would dissipate rapidly C. holding a tip by informant who claimed to witness wrongdoing sufficient to establish reasonable suspicion D. holding that the elevated class c felony penalty for the offense of criminal recklessness by shooting a firearm from a vehicle into a place where people are likely to gather did not shock public sentiment or violate the judgment of reasonable people because among other things the use of a vehicle would make it less likely that the person would be identified which in turn would make it more likely that the offense would be committed E. holding both emergency responses and police pursuits may involve rapidly changing circumstances

assistant: The best answer is B. holding that a tip is corroborated when given in circumstances under which the informant is unlikely to lie because a falsehood would likely be discovered in short order and favors falsely curried would dissipate rapidly
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: (a) The proceeds of the Loans made under this Agreement will be used for general corporate purposes of each respective Borrower and its Subsidiaries and the Letters of Credit will be used to support the operations of each respective Borrower and its Subsidiaries, in each case not in contravention of any applicable law, rule or regulation or any Loan Document or the PICA Support Agreement.

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: Except as Halo and Client may agree in writing from time to time, Halo shall provide at its cost all equipment needed to perform the Manufacturing Services, with the exception of the Client-owned Injection Molding Machines and associated parts. Client has installed the IM Machines at the Manufacturing Site pursuant to the PMSA and, subject to the rights of Client’s Third Party lien-holders, and subject to the terms of this Agreement (including without limitation clauses (D) and (E) below and Section 4.2(d)), Halo shall have the right of possession and control of the IM Machines at all times during the Term . Client shall carry appropriate insurance on the IM Machines at all times during the Term . Halo shall use the IM Machines and associated parts solely for the benefit of Client, and may not use such equipment for any other purpose or customer, unless otherwise approved in writing by Client following a request from Halo. Title to all IM Machines will remain solely with Client.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will, and will cause each other Loan Party to, execute any and all further documents, financing statements, agreements and instruments, and take all such further actions (including the filing and recording of financing statements, fixture filings, Mortgages and other documents), which may be required under any applicable law, or which the Administrative Agent or the Required Lenders may reasonably request, to effectuate the transactions contemplated by the Loan Documents or to grant, preserve, protect or perfect the Liens created by the Collateral Documents or the validity or priority of any such Lien, all at the expense of the Loan Parties. The Borrower also agrees to provide to the Administrative Agent, from time to time upon request, evidence reasonably satisfactory to the Administrative Agent as to the perfection and priority of the Liens created or intended to be created by the Collateral Documents. The Borrower hereby authorizes the Administrative Agent to file one or more financing or continuation statements, and amendments thereto, relative to all or any part of the Mortgaged Property without the signature of the Borrower or any other Loan Party where permitted by law. A carbon, photographic or other reproduction of the Collateral Documents or any financing statement covering the Mortgaged Property or any part thereof shall be sufficient as a financing statement where permitted by law. The Borrower acknowledges and agrees that any such financing statement may describe the collateral as “all assets” of the applicable Loan Party or words of similar effect as may be required by the Administrative Agent.

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: is binding on all municipalities. It is undisputed that Do-Wop’s facility is within 1,000 feet of a residential zone. Do-Wop contends that because the Legislature made its facility non-compliant, it is entitled to protection under the MLUL, N.J.S.A. 40:55D-68. That statute permits a use to continue indefinitely after it has been rendered nonconforming by a zoning amendment. The statute more specifically provides that “[a]ny nonconforming use or structure existing at the time of the passage of an ordinance may be continued upon the lot or in the structure so occupied.” N.J.S.A. 40:55D-68. Contrary to Do-Wop’s assertion, that statute does not conflict with N.J.S.A. 2C:34-7. The plain language of N.J.S.A. 40:55D-68 protects only preexisting noncon uper. 82, 90, 645 A.2d 788 (App.Div.1994) (<HOLDING>). As we observed two years ago, “N.J.S.A. Options: A. holding petition nominating candidate under socialist party violated the act where socialist labor party was entitled to protection of party name protection act B. holding that preexisting nonconforming use must conform with requirements of subsequentlyenacted freshwater wetlands protection act C. holding that lprs are entitled to the protection of the equal protection clause D. holding that the limitation act does not apply to claims brought under the park system resource protection act E. holding that pinelands commission regulation adopted pursuant to pinelands protection act act trumped mluls preexisting nonconforming use protection because act expressly provided that its implement ing regulations superseded mlul when there was a conflict

assistant: The best answer is E. holding that pinelands commission regulation adopted pursuant to pinelands protection act act trumped mluls preexisting nonconforming use protection because act expressly provided that its implement ing regulations superseded mlul when there was a conflict
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 Division was unable to determine whether or not he should be allowed to retain any fees paid by Ms. Neef and Mr. Peters.” We hold that a convincing preponderance of the evidence supports the determination that Johnson must return $1099 to Neef and $6900 to Peters. Neef explained in a letter that she had paid $800 in attorney’s fees and $299 in court costs. Johnson never took the initial step of even filing the bankruptcy petition. Peters testified that Johnson told him the work he had completed prior to his neglect of the case was worth $4000. Because Peters had paid Johnson a total of $10,900, he is owed a return of $6900. Unlike the situation in Carpenter, the board presented evidence of the amount of unearned fees through client testimony. See Carpenter, 781 N.W.2d at 271-72 (<HOLDING>). The commission also recommended Johnson be Options: A. holding that in a case where a suspended attorney commingled funds between his attorney trust account and attorney business account and the funds could not be traced claimants state of new jersey and clients security fund reached an amicable agreement to divide the funds equally B. holding that an order to disgorge funds was final even though the order did not distribute the funds C. holding that a law firm receiving funds for a client was not an initial transferee because the firms role with respect to the received money was to accept the funds in settlement of its clients case deposit the money in trust keep as fees only what the the clients agreed to and pay the rest to the bank on behalf of the clients in satisfaction of their loan D. holding the commissions recommendation that the attorney be ordered to refund his clients funds could not be adopted because the stipulation failed to detail the amount of such funds and no witness testimony or evidence was taken on the matter E. holding that death of potential alibi witness did not cause actual prejudice because defendant failed to relate the substance of the testimony of the missing witness in sufficient detail and to show witness testimony not available from other sources

assistant: The best answer is D. holding the commissions recommendation that the attorney be ordered to refund his clients funds could not be adopted because the stipulation failed to detail the amount of such funds and no witness testimony or evidence was taken on the matter
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: Spence’s rights under the Sixth Amendment. The now-familiar Strickland test requires that a defendant claiming ineffective assistance of counsel show (1) that counsel’s representation “fell below an effective standard of reasonableness” and (2) that counsel’s deficient performance prejudiced the defendant. Roe, 528 U.S. at 476-77; Strickland v. Washington, 466 U.S. 668, 688, 694, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Under this standard, “a lawyer who disregards specific instructions from the defendant to file a notice of appeal acts in a manner that is professionally unreasonable,” while a lawyer who does not file an appeal based on a defendant’s explicit instructions to forgo an appeal acts in a professionally reasonable manner. Roe, 528 U.S. at 477; see also Ludwig, 162 F.3d at 459 (<HOLDING>). Where the defendant does not explicitly Options: A. holding a juveniles request to speak to a probation officer is not a per se invocation of fifth amendment rights B. holding that the failure to perfect a direct appeal in derogation of a defendants actual request is a per se violation of the sixth amendment C. holding that per se statutory rule is not permissible under fourth amendment D. holding that courts may not find a per se sixth amendment violation where the defendant was unable to present relevant evidence E. holding that violation of state law was not a per se constitutional violation

assistant: The best answer is B. holding that the failure to perfect a direct appeal in derogation of a defendants actual request is a per se violation of the sixth amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to adjustment as provided in Section 14 , the total number of Shares that may be issued under the Plan is 2,000,000 Shares (the “Share Authorization”) . The Shares issuable under the Plan may be authorized, but unissued, or reacquired Common Stock.

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: added). AMT failed to establish that the transportation of Farr to Peakwood for radiation therapy was a medical emergency covered by the Act. Finally, section 197.5(c) states that the prehospital provider acts as the agent of “the physician providing medical direction.” Id. AMT offered no competent summary judgment proof to show that Dr. Smith was the physician providing medical direction when Fan* was transported to Peakwood. For the foregoing reasons, we decline to infer from section 197.5(c) of the Emergency Medical Service Act that AMT’s employees were acting as agents of a health care provider in transporting Farr for purposes of article 4590i, section 1.03(a)(3). See Townsend v. Catalina Ambulance Co., Inc., 857 S.W.2d 791, 791, 795-96 (Tex.App.—Corpus Christi 1993, no writ) (<HOLDING>). Based upon the foregoing, points of error one Options: A. holding that a general acute care hospital may not delegate its duty to provide physicians for emergency room care because the law imposes a duty on hospital to provide that health care B. holding that a negligent misrepresentation claim brought by an independent third party health care provider was not preempted by erisa C. holding an emergency ambulance service is not a health care provider for purposes of article 4590i D. holding that standard of care need not be listed separately in report when same standard applies to each health care provider E. recognizing that a licensed chiropractor is a health care provider competent to testify as a medical expert

assistant: The best answer is C. holding an emergency ambulance service is not a health care provider for purposes of article 4590i
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: tolling of the [EEOC] filing is inappropriate ... notwithstanding the plaintiffs allegations that she was given incorrect information by both an EEOC employee and her own counsel.” See Crossman v. Crosson, 905 F.Supp. 90, 95 n. 3 (E.D.N.Y.1995) (emphasis added) (citation omitted); see also South v. Saab Cars USA Inc., 28 F.3d 9, 12 (2d Cir.1994) (“[L]ack of due d ]” delay as grounds alone for applying the equitable tolling doctrine. (PI. Mem. 10.) No principle of law supports the proposition that the applicability of equitable tolling is measured by time alone. Rather, the relevant inquiry centers of the factual circumstances leading to the delay; equitable tolling does not excuse ordinary neglect. See Johnson v. Al Tech Specialties Steel Corp., 731 F.2d 143, 147 (2d Cir.1984) (<HOLDING>) (citation omitted); Toolan v. Bd. of Educ. of Options: A. holding that the charge was timely when filed within the statute of limitations period even though served after the period B. holding the 90 day period begins to run the date the eeoc right to sue letter is delivered to plaintiffs counsel C. holding that in computing time to determine whether an act was performed within a specified period of time under the statute of limitations the first day is excluded and the last day of the period is included D. holding in the context of the 90day period during which a plaintiff must bring suit after receiving a right to sue letter that in the absence of a recognized equitable consideration the court cannot extend the limitations period by even one day E. holding that the limitations period for 1983 actions arising in ohio is the twoyear period found in ohio rev code 230510 and that the limitations period starts to run when the plaintiff knows or has reason to know of the injury which is the basis of his action

assistant: The best answer is D. holding in the context of the 90day period during which a plaintiff must bring suit after receiving a right to sue letter that in the absence of a recognized equitable consideration the court cannot extend the limitations period by even one day
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In consideration of, among other things, Lender’s execution and delivery of this Note, concurrently with the advancement of any Loan by Lender, the Company, the Company’s equityholders and residual claimants and the Guarantor, on behalf of itself and the respective successors and assigns of each (collectively, the “ Releasors ”), hereby forever agrees and covenants not to sue or prosecute against the Releasees (defined below) and hereby forever waives, releases and discharges each Releasee from, any and all claims (including, without limitation, cross-claims, counterclaims, rights of set-off and recoupment), actions, causes of action, suits, debts, accounts, interests, liens, promises, warranties, damages and consequential and punitive damages, demands, agreements, bonds, bills, specialties, covenants, controversies, torts, variances, trespasses, judgments, executions, costs, expenses or claims whatsoever (collectively, the “ Claims ”), that such Releasor now has or hereafter may have, of whatsoever nature and kind, whether known or unknown, whether arising at law or in equity, against Lender in any capacity and its shareholders and “controlling persons” (within the meaning of the federal securities laws), and their respective successors and assigns and each and all of the officers, directors, employees, agents, attorneys, advisors, auditors, affiliates, consultants and other representatives of each of the foregoing (collectively, the “ Releasees ”), based in whole or in part on facts whether or not now known, existing on or before the date of the most recent advance of Loans hereunder, that relate to, arise out of or otherwise are in connection with this Note or any transactions contemplated hereby or any acts or omissions in connection therewith or the negotiation thereof, provided, however, that the foregoing shall not release Lender from the express obligations under this Note. The provisions of this Section 21 shall survive the repayment of this Note.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you reside outside of the u.s. , this does not affect airbnb 's liability for death or personal injury arising from its negligence , nor for fraudulent misrepresentation , misrepresentation as to a fundamental matter or any other liability which can not be excluded or limited under applicable law .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: For the benefit of each Loan Parties, the Borrower has (a) all insurance policies sufficient for the compliance by the Loan Parties with all material Governmental Requirements and all material agreements and (b) insurance coverage, or self-insurance, in at least such amounts and against such risk (including public liability) that are usually insured against by companies similarly situated and engaged in the same or a similar business for the assets and operations of the Loan Parties. Schedule 7.12 , as of the date hereof, sets forth a list of all insurance maintained by the Borrower.

assistant: Insurances
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: doctrine, holds that the Due Process Clause generally does not require pre-deprivation process if the deprivation results from the random and unauthorized act of a state officer. See Hudson v. Palmer, 468 U.S. 517, 533, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984); Parratt v. Taylor, 451 U.S. 527, 541, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981). A State cannot possibly ensure hearings before its officers act randomly and without authority, and “the State cannot be required constitutionally to do the impossible by providing predeprivation process.” Zinermon, 494 U.S. at 129, 110 S.Ct. 975. Accordingly, all the process the victim of such a deprivation is due is' an effective post-deprivation state law tort remedy against the offending officer. See Hudson, 468 U.S. at 534-35, 104 S.Ct. 3194 (<HOLDING>). Justice' Kennedy’s concurrence in Albright v. Options: A. holding that postdeprivation tort remedy constitutes all the process that is due for unauthorized negligent and intentional torts by state officials B. holding postdeprivation remedy is adequate even when deprivation was intentional C. holding that a prison guards intentional destruction of a prisoners possessions did not give rise to a federal due process claim because state law provided an adequate postdeprivation tort remedy D. holding that a federal due process malicious prosecution claim against an indiana police officer could proceed because indiana law did not provide an adequate postdeprivation tort law remedy E. holding that theft by prison guards does not violate due process when postdeprivation remedy exists

assistant: The best answer is C. holding that a prison guards intentional destruction of a prisoners possessions did not give rise to a federal due process claim because state law provided an adequate postdeprivation tort remedy
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 and after the Executive’s employment, the Executive shall cooperate fully with the Corporations in the defense or prosecution of any claims or actions now in existence or which may be brought in the future against or on behalf of the Corporations which relate to events or occurrences that transpired while the Executive was employed by the Bank. The Executive’s full cooperation in connection with such claims or actions shall include, but not be limited to, being available to meet with counsel to prepare for discovery or trial and to act as a witness on behalf of the Corporations at mutually convenient times. During and after the Executive’s employment, the Executive also shall cooperate fully with the Corporations in connection with any investigation or review of any federal, state or local regulatory authority as any such investigation or review relates to events or occurrences that transpired while the Executive was employed by the Bank. The Corporations shall reimburse the Executive for any reasonable out‑of‑pocket expenses incurred in connection with the Executive’s performance of obligations pursuant to this Section 7(f).

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 legal provision and list the applicable contract clause categories. Provision: Each member of the Borrower Affiliated Group has timely filed or caused to be filed all tax returns and reports required to have been filed and has paid or caused to be paid all taxes required to have been paid by it, except (a) taxes that are being contested in good faith by appropriate proceedings, for which such Person has set aside on its books adequate reserves, and as to which no Lien has arisen, or (b) to the extent that the failure to do so could not reasonably be expected to result in a Material Adverse Effect.

assistant: Taxes