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: Except as stated on Schedule 6.7 hereto, there are no actions, suits, proceedings or investigations of any kind pending or to the knowledge of the Borrower threatened against the Borrower, any Guarantor or any of their respective Subsidiaries before any court, tribunal, arbitrator, mediator or administrative agency or board which question the validity of this Agreement or any of the other Loan Documents, any action taken or to be taken pursuant hereto or thereto, or which if adversely determined could reasonably be expected to have a Material Adverse Effect. Except as set forth on Schedule 6.7 hereto, there are no judgments, final orders or awards outstanding against or affecting the Borrower, any Guarantor, any of their respective Subsidiaries or any Subject Property which could reasonably be expected to cause a default under §12.1(j).

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: SELLER shall retain samples of the Device, batch and other manufacturing and analytical records, records of shipments of the Device and validation data relating to the Device for a minimum of [ 12 ] years and shall make such data available to PURCHASER and Regulatory Authorities upon PURCHASER’s reasonable request or if required by law.

assistant: Records
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: decision to award child support, including the financial resources of the parents, the physical and emotional needs of the children, the educational needs of the parents and children, and any other factor that it finds relevant. See id. § 4106(f)(2); 15 V.S.A. § 659. Indeed, OCS may decline altogether to enforce a support obligation if, in its discretion, it determines that such an action would not be in the best interests of the affected child. See 33 V.S.A. § 4106(f)(2). Thus, OCS enforcement actions on behalf of ANFC recipients are broadly discretionary, and serve a variety of state policies and interests wholly apart from the collection of debts. Its duties, in sum, are uniquely governmental and find no private analog in our common law. See LaFond, 167 Vt. at 409, 708 A.2d at 920 (<HOLDING>). Accordingly, the action against OCS is barred Options: A. holding that licensing and inspection of daycare facilities are inherently governmental functions which find no private analog or duty of care in our common law B. recognizing private right of action C. holding that duty of county and inspector under statute and ordinance to ensure safety of playground equipment at a daycare center was owed to public generally and could not be the basis for a negligence cause of action brought by a parent of an injured child D. holding that absence of private analog to states licensing and regulation of daycare facilities barred negligence action E. holding cause of action for negligence against manufacturer of defective buses was barred by the economic loss rule notwithstanding absence of privity

assistant: The best answer is D. holding that absence of private analog to states licensing and regulation of daycare facilities barred negligence action
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: Without limitation of Purchaser’s rights under the special warranty of title in the Assignment, a Title Defect shall be and is hereby conclusively waived by Purchaser, Purchaser shall not be entitled to any adjustment for such Title Defect or to exclude the Asset affected by such Title Defect, and Seller shall not be obligated to cure such Title Defect, if: (i) Purchaser fails to provide a valid Notice of Title Defect to Seller of such Title Defect in accordance with Section 5.5(a) on or before the Defect Notice Deadline or the Second Defect Notice Deadline, as applicable; (ii) the Title Defect Value with respect to such Title Defect is less than the Title Defect Threshold; or (iii) the Allocated Value of the Asset affected by such Title Defect is less than the Title Defect Threshold.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: when you purchase a voucher or pre-paid card , depending on the country , 15 % luxembourg vat , local vat or other taxes may apply and may be deducted from the value of the voucher or prepaid card upon redemption .

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: this user agreement may not otherwise be amended except through mutual agreement by you and an ebay representative who intends to amend this user agreement and is duly authorized to agree to such an amendment .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: intended to clarify the scope of those registrations, not expand it”).) However, these changes amount to far more than cosmetic adjustments to various titles; they would, if valid, affect both the titles and the content of the registered works—introducing thousands of additional CardPac component files not registered in PaySys’s Initial Registrations and impermissibly expanding the scope of the Initial Registrations from eight discrete component files to the entire CardPac software package. Courts have consistently rejected such attempts to squeeze additional works into a registered copyright through the supplementary registration process. See, e.g., Muench Photography, Inc. v. Houghton Mifflin Harcourt Publ’g Co., No. 09-cv-2669 (LAP), 2012 WL 1021535, at *4 (S.D.N.Y. Mar. 26, 2012) (<HOLDING>) (citations omitted); Schiffer Publ’g, Ltd. v. Options: A. holding that a hearing would serve no purpose because the registration act and notification law subject all sex offenders as defined by the registration act to the registration and notification provisions and law enforcement authorities have no discretion to determine which offenders would be exposed to public dissemination B. holding that supplementing a registration by adding new works impermissibly changes the content of the originally registered work in violation of 17 usc 408d and 37 cfr 2015b2 C. holding that the postmark on the registration application was the determining factor when a registration is subsequently approved D. recognizing the plaintiffs burden of proving a violation of 48 cfr 6301c E. holding that 8 cfr 10031d3iv merely prohibits the bia from taking new evidence into the record

assistant: The best answer is B. holding that supplementing a registration by adding new works impermissibly changes the content of the originally registered work in violation of 17 usc 408d and 37 cfr 2015b2
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: have not alleged or shown that the FAA completely preempts state law, their argument must fail. For all of the above reasons, this court does not have subject matter jurisdiction. CONCLUSION Based upon the file, record and proceedings herein, and for the reasons stated, IT IS HEREBY ORDERED that defendants’ motion to dismiss [Doc. No. 17] is granted. LET JUDGMENT BE ENTERED ACCORDINGLY. 1 . Contrary to their position before the arbitrator, plaintiffs now argue that the FAA should have been applied when construing the arbitration clause. 2 . Although the Court’s decision in Moses specifically mentioned only sections 3 and 4 of the FAA, section 10 also does not establish an independent jurisdictional basis. See Smith v. Rush Retail Ctrs., Inc., 360 F.3d 504, 505 & n. 6 (5th Cir.2004) (<HOLDING>); see also Pinnavaia v. Nat’l Arbitration Options: A. holding that the mere delivery of documents does not confer jurisdiction B. holding the bias interpretation reasonable and listing cases reaching the same conclusion C. holding that section 10 does not confer subject matter jurisdiction and listing cases from dc second sixth seventh ninth and eleventh circuits holding same D. holding that section 13706 does not confer federal subject matter jurisdiction over disputes involving independent brokerage contracts between broker and shipper E. holding same and citing cases

assistant: The best answer is C. holding that section 10 does not confer subject matter jurisdiction and listing cases from dc second sixth seventh ninth and eleventh circuits holding same
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If an Eligible Executive incurs a Qualifying Separation, and as long as the Eligible Executive is not then entitled to receive severance payments or benefits under any Employment Agreement, any change in control severance plan, program or arrangement or any other severance arrangement with the Company or its Affiliates (other than as described in Section 2.4 below) as a result of the Qualifying Separation, then such Eligible Executive shall be entitled to receive change in control severance payments and benefits pursuant to the applicable provisions of this Section 2 .

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 Company hereby acknowledges and agrees that to the best of the Company’s knowledge: (a) neither the Company nor any of its affiliates has any claim or cause of action against Wells Fargo (or any of its respective affiliates, officers, directors, employees, attorneys, consultants or agents), and (b) Wells Fargo has heretofore properly performed and satisfied in a timely manner all of its obligations to the Company under the Credit Agreement. Notwithstanding the foregoing, Wells Fargo wishes (and the Company agrees) to eliminate any possibility that any past conditions, acts, omissions, events or circumstances would impair or otherwise adversely affect any of Wells Fargo’s rights, interests, security and/or remedies under the Credit Agreement. Accordingly, for and in consideration of the agreements contained in this letter agreement and other good and valuable consideration, the Company (for itself and its affiliates and the successors, assigns, heirs and representatives of each of the foregoing) (collectively, the “ Releasors ”) does hereby fully, finally, unconditionally and irrevocably release and forever discharge Wells Fargo and each of its affiliates, officers, directors, employees, attorneys, consultants and agents (collectively, the “ Released Parties ”) from any and all debts, claims, obligations, damages, costs, attorneys’ fees, suits, demands, liabilities, actions, proceedings and causes of action, in each case, contingent or fixed, direct or indirect, and of whatever nature or description, and whether in law or in equity, under contract, tort, statute, or otherwise, which any Releasor has heretofore had, now or hereafter can, shall or may have against any Released Party by reason of any act, omission or thing whatsoever done or omitted to be done on or prior to date hereof arising out of, connected with or related in any way to the Credit Agreement, or any act, event or transaction related or attendant thereto, or Wells Fargo’s agreements contained therein, or the possession, use, operation, or control of any of the Company’s assets, or the making of any Advance, or the management of such Advance or the collateral securing the Company’s Obligations to Wells Fargo on or prior to the date hereof. Notwithstanding anything to the contrary, the above release only applies to all matters known to Company at this time.

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: to the extent that the skyscanner services and/or skyscanner platforms allow you to post , upload , transmit or otherwise make available any information , images , video , or other data with skyscanner or other skyscanner users ( `` user content '' ) , you agree that :

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: the laws in jurisdictions may vary , but these taxes may be required to be collected and remitted as a percentage of the listing fees set by hosts , a set amount per day , or other variations , and are sometimes called `` transient occupancy taxes , '' `` hotel taxes , '' `` lodging taxes , '' `` city taxes , '' `` room taxes '' or `` tourist taxes '' ( `` occupancy taxes '' ) .

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: You shall be eligible to participate in all CBS vacation, medical, dental, life insurance, long-term disability insurance, retirement, and long-term incentive plans and programs and other benefit plans and programs (other than any plan or program evidenced in the Chairman & CEO’s employment agreement or other individual contractual arrangement) as CBS may have or establish from time to time and in which you would be eligible to participate under the terms of the plans, as may be amended from time to time, on terms no less favorable than those applicable to the Chairman & CEO. This provision shall not be construed to either require CBS to establish any welfare, compensation or long-term incentive plans, or to prevent the modification or termination of any plan once established, and no action or inaction with respect to any plan shall affect this Agreement. During your employment under this Agreement, CBS agrees that it will continue the existing arrangements concerning your usage of a car service consistent with current practices in effect immediately prior to the Effective Date. Additionally, CBS agrees that it will continue the existing arrangements concerning your usage of Company aircraft in effect immediately prior to the Effective Date ( e.g., second priority among CBS senior executives for usage of company aircraft for business-related travel, and limited usage of company aircraft for personal travel, subject to Chairman & CEO approval).

assistant: Benefits
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: Neither the Employer nor any employee, director, manager, board member, affiliate, parent, stakeholder, equityholder, agent, successor, predecessor or related party makes a guarantee with respect to the tax treatment of payments hereunder and no such party shall be responsible in any event with regard to non-compliance with or failure to be exempt from Code Section 409A. The Plan is intended to either comply with, or be exempt from, the requirements of Code Section 409A. To the extent that the Plan is not exempt from the requirements of Code Section 409A, the Plan is intended to comply with the requirements of Code Section 409A and shall be limited, construed and interpreted in accordance with such intent. Notwithstanding the foregoing, in no event whatsoever shall the Employer be liable for any additional tax, interest or penalty that may be imposed on a Participant by Code Section 409A or any damages for failing to comply with Code Section 409A.

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: a party may not “evade the expert witness disclosure requirements ... by simply calling an expert witness in the guise of a layperson.” Fed.R.Evid. 701 advisory committee’s note. The government did not attempt to qualify Mr. Smith as an expert. Nonetheless, Mr. Smith, in opining that CRTs become waste when they are removed from their housing and used to make another monitor, relied upon technical and specialized knowledge he garnered while monitoring the Department’s Universal Waste Program, ensuring compliance with hazardous waste regulations, and assisting the •Department’s oversight of electronic devices and components. This opinion was improper expert testimony offered in the guise of lay testimony. See United States v. Banks, 262 Fed.Appx. 900, 905-08 (10th Cir.2008) (unpublished) (<HOLDING>); United States v. White, 492 F.3d 380, 399-404 Options: A. holding officers engaged in search entitled to immunity B. holding that a law enforcement agent may not testify about an opinion reached during his investigation if the agents reasoning process depended in whole or in part on his specialized training and experience C. recognizing that officers are entitled to rely on training and experience in forming belief that drug transaction has occurred D. recognizing officers qualification to offer nonscientific expert opinion of intoxication based on training and experience E. holding that a police officers opinion that a defendant was most definitely engaged in drug dealing was not proper lay testimony because it was based on the officers specialized training in narcotics and extensive experience in methamphetamine cases

assistant: The best answer is E. holding that a police officers opinion that a defendant was most definitely engaged in drug dealing was not proper lay testimony because it was based on the officers specialized training in narcotics and extensive experience in methamphetamine cases
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) Counterparts; Effectiveness . This Agreement may be executed in counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. Except as provided in Article III , this Agreement shall become effective when it shall have been executed by the Agent and when the Agent shall have received counterparts hereof that, when taken together, bear the signatures of each of the other parties hereto. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (i.e., "pdf" or "tif") format shall be effective as delivery of an original manually executed counterpart of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Person entitled to indemnification hereunder shall give prompt written notice to the indemnifying party of any claim with respect to which it seeks indemnification; provided , however , that the failure to give such notice shall not release the indemnifying party from its obligation, except to the extent that the indemnifying party has been prejudiced by such failure to provide such notice.

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: at 4. This finding of bad faith is amply supported by the record: Sauers admitted that he could not present facts to challenge the Commissioner’s determination of tax deficiency, he refused to engage in a stipulation of facts, and his legal arguments have been repeatedly rejected by the courts. See, e.g., Welch v. Helvering, 290 U.S. 111, 54 S.Ct. 8, 78 L.Ed. 212 (1933) (establishing that burden of proof in Tax Court is on the taxpayer); Nash Miami Motors, Inc. v. Commissioner, 358 F.2d 636 (5th Cir.), cert. denied, 385 U.S. 918, 87 S.Ct. 227, 17 L.Ed.2d 142 (1966) (relying on Ex parte Bakelite Corp., 279 U.S. 438, 49 S.Ct. 411, 73 L.Ed. 789 (1929) for the conclusion that the statute establishing the Tax Court does not unconstitutionally violate separation of powers); Larsen at 941-942 (<HOLDING>); Wright v. Commissioner, 752 F.2d 1059, 1062 Options: A. holding no first amendment right to file frivolous grievances B. holding that the court of claims did not have jurisdiction over plaintiffs first amendment claim of improper removal C. holding that article iii courts have an independent obligation to determine whether subject matter jurisdiction exists D. holding the following claims to be frivolous 6673 infringes upon first amendment right to petition tax court cannot have jurisdiction because it is not an article iii court E. holding that the bankruptcy courts jurisdiction to adjudicate common law claims violated article iii without deciding the claims

assistant: The best answer is D. holding the following claims to be frivolous 6673 infringes upon first amendment right to petition tax court cannot have jurisdiction because it is not an article iii court
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 Parent and Merger Sub has full power and authority to execute, deliver and perform this Agreement and to consummate the transactions contemplated hereby. Each of Parent and Merger Sub has duly and validly executed and delivered this Agreement and, assuming due authorization, execution and delivery by the Stockholder, this Agreement constitutes its legal, valid and binding obligation of Parent and Merger Sub, enforceable against Parent and Merger Sub in accordance with its terms (subject to the Bankruptcy, Equity and Indemnity Exception).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any one or more of the terms, provisions, covenants or restrictions of this Agreement shall be determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions shall remain in full force and effect, and the invalid, void or unenforceable provisions shall be deemed severable. Moreover, if any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be reformed by limiting and reducing it to the minimum extent necessary, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement or give full notice thereof. Unless otherwise specified, all Section references in this Agreement are to the applicable Section of this Agreement.

assistant: Headings
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. Countrywide Home Loans, 389 F.3d 1144, 1147 (10th Cir.2004). Rehearsing the language of the Fourteenth Amendment’s Due Process Clause, Mr. Calvert asks this Court to enjoin any future actions to enforce the state court’s October 2003 order against him, and to award him damages for the losses he has suffered by complying with that order. As is clear from the relief sought, see Crutch-field, 389 F.3d at 1147-48, the injury of which Mr. Calvert complains arises from the state court judgment itself. Were we to grant Mr. Calvert’s petition, we would disrupt enforcement of that court order, as if we had declared it void. Since we have no power to review the order itself, we have no power to frustrate its enforcement. See Kiowa Indian Tribe v. Hoover, 150 F.3d 1163, 1169 (10th Cir.1998) (<HOLDING>). The same is true for Mr. Calvert’s equal Options: A. holding that a trial court is free to make any order or direction in further progress of the case not inconsistent with the decision of the appellate court as to any question not settled by the appellate decision B. holding that a federal court litigant who is forced into state court under pullman may reserve a right to return to federal court in that the plaintiff can preserve the right to the federal forum for federal claims by informing the state court of his or her intention to return following litigation of the state claims in the state court C. holding that federal district courts lack jurisdiction to review a final state court decision in a particular case D. holding 2254d authorizes federal court to review state courts decision only and not explanation of decision E. holding that a party losing in state court may not seek what would amount to appellate review of that decision in federal court based on the claim that the decision violates the losers federal rights

assistant: The best answer is E. holding that a party losing in state court may not seek what would amount to appellate review of that decision in federal court based on the claim that the decision violates the losers federal rights
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term and for a period of at least [***] years thereafter (or for ImmunoGen, in the event ImmunoGen is Developing or Commercializing (as defined in Section 10.1) ImmunoGen Products, for a period of at least [***] years after ImmunoGen ceases all such Development and Commercialization of such ImmunoGen Products), each Party shall maintain on an ongoing basis without interruption comprehensive general liability insurance in the minimum amount of (a) [***] per occurrence and [***] annual aggregate combined single limit for [***] liability at all times during which the applicable product is [***] and for [***] thereafter (unless subsection (b) applies) and (b) [***] per occurrence and [***] annual aggregate combined single limit for [***] liability at all times during which the applicable product is [***] by such Party and for [***] years thereafter, and any other insurance required by Applicable Laws. All of such insurance coverage may be maintained through a self-insurance plan that substantially complies with the foregoing limits and requirements. Each Party shall use commercially reasonable efforts to provide the other Party at least [***] days’ prior written notice of any cancellation to or material change in its insurance coverage below the amounts and types described above. Each such insurance policy shall contain a waiver of subrogation by the insurer, or self-insurer as applicable, against Jazz or ImmunoGen, as the case may be.

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 legal provision and list the applicable contract clause categories. Provision: Notices and all other communications contemplated by this Plan shall be in writing and shall be deemed to have been duly given either (i) when personally delivered or sent by facsimile or (ii) five (5) days after being mailed by U.S. registered or certified mail, return receipt requested and postage prepaid. In the case of an Eligible Employee, mailed notices shall be addressed to him or her at the home address or facsimile number which he or she most recently communicated to Employer in writing. In the case of Employer, mailed notices or notices sent by facsimile shall be addressed to its corporate headquarters, and all notices shall be directed to the attention of its General Counsel or Chief Financial Officer.

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: over the preliminaiy hearing. 5 . The transcription of CW’s recorded interview was not completed until after the preliminary hearing. 6 . We need not reach the question of whether defense counsel opened the door during his closing argument. Even assuming the "opening the door” doctrine would be applicable in this context, the remedy of introducing CW's death was inappropriate. 7 . Prior to closing arguments, the circuit court did instruct the jury that arguments of counsel were not evidence. However, given the generic nature of the instruction and that the court provided no specific instruction in relation to the prosecutor commenting on CW’s death, the court's instruction failed to mitigate the prejudice to Nofoa. See State v. Rogan, 91 Hawai'i 405, 415, 984 P.2d 1231, 1241 (1999) (<HOLDING>); State v. Marsh, 68 Haw. 659, 661, 728 P.2d Options: A. holding prejudicial effect of prosecutors comment not rendered harmless by courts general instruction that the arguments of counsel are not evidence B. holding that prosecutors direct comments on a defendants failure to testify were not cured by subsequent inclusion in the jury charge of an instruction regarding the defendants right not to testify C. holding that allegedly inflammatory and prejudicial arguments by one defendants counsel did not have an impermissible effect on the trial of another defendant D. holding that trial judges admonition of the jury to disregard prosecutors comments on the defendants failure to testify did not cure the error E. holding instruction to jury that counsels arguments were not evidence did not negatej the prejudicial effect of the prosecutors inflammatory comments

assistant: The best answer is E. holding instruction to jury that counsels arguments were not evidence did not negatej the prejudicial effect of the prosecutors inflammatory comments
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 may withhold and deduct from any benefits and payments made or to be made pursuant to this Agreement (a) all federal, state, local and other taxes as may be required pursuant to any law or governmental regulation or ruling and (b) any deductions consented to in writing by the Executive.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If Agent receives any payment with respect to a Term Loan for the account of the Lenders on or prior to 2:00 p.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender's Pro Rata Share of such payment on such Business Day. If Agent receives any payment with respect to a Term Loan for the account of Lenders after 2:00 p.m. (New York time) on any Business Day, Agent shall pay to each applicable Lender such Lender's Pro Rata Share of such payment on the next Business Day.

assistant: Payments
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 believe that any content made available on or through the service has been used or exploited in a manner that infringes an intellectual property right you own or control , then please promptly send a `` notification of claimed infringement '' containing the following information to the designated agent identified below .

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: This Agreement may be amended or modified only by a written instrument executed by Walker Innovation, JSW and by those Buyers who, in the aggregate, hold not less than 75% of the Shares sold in connection with this Agreement.

assistant: Amendments
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 for fees and expenses of Seller with respect to Guggenheim Securities, neither Seller nor any of its Affiliates has retained any broker or finder, made any statement or representation to any person which would entitle such person to, or agreed to pay, any broker’s, finder’s or similar fees or commissions in connection with the transactions contemplated by 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 case excerpt and choose the best holding from the options. Case excerpt: 154 N.C. App. 426, 432, 573 S.E.2d 517, 521 (2002). Plaintiffs alleged that the Board, the local governing body for the school system, has unconstitutionally paid some claims while asserting immunity on others in violation of plaintiffs’ equal protection and due process rights. Plaintiffs showed through discovery that claims had been paid by the Board, including partial payment to plaintiffs. The Board may not assert a defense of sovereign immunity against plaintiffs’ constitutional § 1983 claims. We note that plaintiffs may not be entitled to monetary relief pursuant to section 1983 against defendant on grounds other than sovereign immunity. Id. (citing Messick v. Catawba County, 110 N.C. App. 707, 713-14, 431 S.E.2d 489, 493, disc. rev. denied, 334 N.C. 621, 435 S.E.2d 336 (1993) (<HOLDING>)). As this appeal is limited to issues of Options: A. holding that a police department is not a person within the meaning of section 1983 B. holding states are not persons for the purposes of section 1983 C. holding that an ohio municipal court could not be sued under 1983 because it was not a person as 1983 uses that term D. holding that because a county is not a person for purposes of a section 1983 claim it cannot be sued where the remedy sought is monetary damages E. holding that a state is not a person within the meaning of 1983

assistant: The best answer is D. holding that because a county is not a person for purposes of a section 1983 claim it cannot be sued where the remedy sought is monetary damages
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: on her behalf was in her best interests. ¶ 37 Pender filed a motion to dismiss the second complaint for failure to comply with the statute of limitations. After the trial court granted his motion, Pender obtained a judgment against Renee for $86.00 in costs. ¶ 38 Renee, through new counsel, filed a malpractice action against Moak on January 17, 2001. The parties settled the case, and Moak paid Renee $20,000 as a condition of settlement. ¶39 These facts reveal additional serious ethical misconduct. Moak disregarded his duty of loyalty owed to Jacob Luster, his former client, by initiating a cause of action against him in the same matter as the prior representation without consent. See Ariz. R. Sup.Ct. 42, ER 1.9; Foulke v. Knuck, 162 Ariz. 517, 522, 784 P.2d 723, 728 (App.1989) (<HOLDING>). Also, by filing the complaint without Renee’s Options: A. holding er 19a prohibits subsequent representation of an individual whose interests are substantially adverse to those of the former client B. holding that an attorney may only undertake to represent a new client against a former client where there is no confidential information received from the former client that is in any way relevant to representation of the current client C. holding attorneys motion to intervene in former clients tort suit untimely because attorney had clear and early notice that former client would not adequately represent his interests D. holding that an individual whose ability to lift is substantially impaired qualifies as a disabled person within the meaning of the ada E. holding that an attorney whose office staff incorrectly instructed a client that he need not appear in court for trial provided incompetent representation

assistant: The best answer is A. holding er 19a prohibits subsequent representation of an individual whose interests are substantially adverse to those of the former client
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 may terminate the Executive’s employment if he is disabled and unable to perform the essential functions of the Executive’s then existing position or positions under this Agreement with or without reasonable accommodation for a period of 180 days (which need not be consecutive) in any 12-month period. If any question shall arise as to whether during any period the Executive is disabled so as to be unable to perform the essential functions of the Executive’s then existing position or positions with or without reasonable accommodation, the Executive may, and at the request of the Company shall, submit to the Company a certification in reasonable detail by a physician selected by the Company to whom the Executive or the Executive’s guardian has no reasonable objection as to whether the Executive is so disabled or how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. The Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and the Executive shall fail to submit such certification, the Company’s determination of such issue shall be binding on the Executive. Nothing in this Section 4(b) shall be construed to waive the Executive’s rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq . and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq.

assistant: Disability
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 lay any foundation at all for the documents and, thus, the trial court did not err in excluding them from evidence. We also agree that, when evidence is excluded, counsel generally may make an effective offer of proof by summarizing the excluded evidence. Benchmark Properties v. Hipolito, 161 Or App 598, 605, 984 P2d 927 (1999). However, that rule does not mean that an offer of proof is sufficient if counsel represents that a document has a certain identity but in addition (1) fails to represent that he or she is prepared to lay a foundation establishing its authenticity and, if the court excludes the document from evidence, (2) fails to request that the document be identified and placed in the record as an offer of proof. See State v. Busby, 315 Or 292, 298, 844 P2d 897 (1993) (<HOLDING>). The state could have requested a continuance Options: A. holding timely and sufficiently specific objection is required to preserve error B. holding defendant failed to preserve burden of proof issue for appeal C. holding that an offer of proof is not necessary to preserve an issue for appeal when the asserted error does not relate primarily to the admissibility of particular evidence but involves an underlying legal ruling that results in the exclusion of evidence as a consequence D. holding that an adequate offer of proof is normally required to preserve error when a trial court excludes evidence E. holding that to properly preserve an objection to the trial courts imposing a time limit for the presentation of evidence the objecting party must make a specific and definite offer of proof informing the trial court of the evidence that is being excluded by the limitation

assistant: The best answer is D. holding that an adequate offer of proof is normally required to preserve error when a trial court excludes evidence
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 that (i) the representations and warranties of the Company set forth in Article 4 of the Credit Agreement are true and correct on and as of the date hereof and (ii) no Default has occurred and is continuing.

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: a family service plan by the Department is ordinarily considered a reasonable effort to return a child to its parent. In re N.R.T., 338 S.W.3d 667, 674 (Tex.App.Amarillo 2011, no pet.) (noting only that “there was evidence of service plans”); In the Int. of M.R.J.M., 280 S.W.3d 494, 505 (Tex.App.-Fort Worth 2009, no pet.) (noting that five service plans had been prepared for father; State made special arrangements for father to have parenting classes in nearby town; and a CPS worker came out to father’s home and drove him to his psychological assessment). However, the requirement that the Department has made reasonable efforts to return the child to the parent may be inapplicable when the parent is incarcerated. See In re D.T., 34 S.W.3d 625, 633 (Tex.App.-Fort Worth 2000, pet. denied) (<HOLDING>). In this case, the evidence shows the Options: A. holding that minors claim was dischargeable because mother received notice of bankruptcy B. holding mothers due process rights were not violated when her appointed counsel was allowed to withdraw and hearing was held without mother because the record showed mother did not inform counsel of her whereabouts after moving thereby frustrating counsels efforts to contact her and because mother was properly served with notice of the termination hearing C. holding that a state is required to provide medical care to incarcerated individuals D. holding 2dlla2 was inapplicable because death was not part of the offense of conviction E. holding second prong inapplicable because mother was incarcerated

assistant: The best answer is E. holding second prong inapplicable because mother was incarcerated
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 Exchange Transaction (the “ Closing ”) shall take place at the offices of Kirkland & Ellis LLP, 609 Main Street, Houston, Texas 77002, at 10:00 a.m., local time, on the third Business Day following the satisfaction or, to the extent permitted by applicable law, waiver of the conditions set forth in Section 6 below (other than those conditions that by their terms are to be satisfied at the Closing, but subject to the satisfaction or, to the extent permitted by applicable law, waiver of those conditions), unless another date, time or place is agreed to in writing by the parties hereto.

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 legal provision and list the applicable contract clause categories. Provision: Following the Closing Date, at least ten (10) Business Days prior to entering into or becoming bound by any material contract, material agreement or material license, in each case, that is non-assignable by its terms, or as a matter of law, or which prevents the granting of a security interest therein, such Obligor shall (i) provide written notice to the Lender of the material terms of such contract, agreement or license with a description of its likely impact on the Obligors’ business or financial condition, and (ii) to the extent requested by the Lender, use commercially reasonable efforts to obtain the consent of, or waiver by, any Person whose consent or waiver is necessary for (A) such Obligor’s interest in such contract, agreement or license rights to be deemed Collateral and for the Lender to have a security interest therein that might otherwise be restricted by the terms of the applicable contract, agreement or license, and (B) the Lender to have the ability in the event of a liquidation of any of the Collateral to dispose of such Collateral in accordance with the Lender’s rights and remedies under this Agreement and the other Loan Documents.

assistant: Agreements