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 case excerpt and choose the best holding from the options. Case excerpt: conduct, you, mqst find him not guilty unless you also find that he persuaded, induced, or enticed her to engage in such conduct, and she would not otherwise have done so. Dhingra’s argument collapses because he misconstrues the nature of liability under § 2422(b); his proposed jury instruction reflects this mistake. In effect, Dhin-gra claims that entrapment by the victim ameliorates any inducement on his part. Again, this reading of the statute mistakenly changes the focus from the defendant to the victim. The victim’s willingness to engage in sexual activity is irrelevant, in much the same way that a minor’s consent to sexual activity does not mitigate the offense of statutory rape or child molesta tion. Cf. United States v. Rashkovski, 301 F.3d 1133, 1136-37 (9th Cir.2002) (<HOLDING>). So long as a defendant’s actions constitute Options: A. holding that the mere fact that the fda does not require a warning on a product label does not necessarily create a conflict B. recognizing that the pregnant womans ability to assert her own rights is beset with obstacles including her desire to protect her privacy C. recognizing that 2422a liability does not require a defendant to create out of whole cloth a womans desire to travel to engage in prostitution D. holding that a womans consent to be transported for prostitution does not amount to a conspiracy with her transporter to violate the mann act E. holding a condominium association had no duty to a woman who had committed suicide after the association removed the womans dog because while the association knew the dog was essential to the womans will to live the association had no authority to prevent the womans suicide

assistant: The best answer is C. recognizing that 2422a liability does not require a defendant to create out of whole cloth a womans desire to travel to engage in prostitution
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EXECUTIVE agrees that he will not disparage or criticize the past or present decisions, policies or practices of COMPANY or its officers and executives, and that he will not make disparaging statements about COMPANY, its officers, executives, or any individual or entity with whom COMPANY has or may have a business or personal relationship. COMPANY agrees it will not disparage or defame EXECUTIVE.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the decedent where it was undisputed that the decedent was holding two knives, running at one of the officer with both hands above his head, ignored the officer’s instructions to drop the knives, and, after being shot once, appeared as if he was going to lunge after the officer while still holding one of the knives); Barber v. City of Santa Rosa, No. C-08-5649 MMC, 2010 WL 5069868, at *1-2, *6 (N.D.Cal. Dec. 7, 2010) (the officer acted reasonably in shooting the decedent where it was undisputed that the decedent suffered from schizophrenia, was agitated and armed with a butcher knife, and advanced toward the officer while making verbal threats and raising the knife in an attack position); MacEachern v. City of Manhattan Beach, 623 F.Supp.2d 1092, 1095-96, 1103-04 (C.D.Cal.2009) (<HOLDING>); Martinez v. County of Los Angeles, 47 Options: A. holding that an officer did not employ excessive force in shooting a suspect who turned out to be unarmed because at the time of the shooting the officer had a reasonable belief that the suspect posed a threat and was armed B. holding that variance between indictment alleging that defendant threw a knife at the victim and proof that the knife fell out of the defendants hand as he was stabbing the victim was not fatal to conviction for aggravated assault C. holding that variance between indictment alleging that defendant held knife to victims neck and proof that defendant only pointed knife at victim was not fatal to conviction for aggravated assault D. holding that the officer acted reasonably in shooting the decedent where the plaintiff did not directly counter the defendants evidence showing that the decedent matched the description of a suspect who threatened a victim with a knife was armed with a knife and ignored the officers instructions to drop it and jabbed it at the officer while taking steps toward him E. holding a knife to the drivers neck

assistant: The best answer is D. holding that the officer acted reasonably in shooting the decedent where the plaintiff did not directly counter the defendants evidence showing that the decedent matched the description of a suspect who threatened a victim with a knife was armed with a knife and ignored the officers instructions to drop it and jabbed it at the officer while taking steps toward him
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 execution, delivery and performance by the Company of this Agreement and the other Transaction Documents to which it is a party, the issuance and sale of the New Notes and the consummation by it of the transactions contemplated hereby and thereby do not and will not (i) conflict with or violate any provision of the Company’s or any Subsidiary’s certificate or articles of incorporation, bylaws or other organizational or charter documents, or (ii) conflict with, or constitute a default (or an event that with notice or lapse of time or both would become a default) under, result in the creation of any Lien upon any of the properties or assets of the Company or any Subsidiary, or give to others any rights of termination, amendment, acceleration or cancellation (with or without notice, lapse of time or both) of, any agreement, credit facility, debt or other instrument (evidencing a Company or Subsidiary debt or otherwise) or other understanding to which the Company or any Subsidiary is a party or by which any property or asset of the Company or any Subsidiary is bound or affected, or (iii) subject to the Required Approvals, conflict with or result in a violation of any law, rule, regulation, order, judgment, injunction, decree or other restriction of any court or governmental authority to which the Company or a Subsidiary is subject (including federal and state securities laws and regulations), or by which any property or asset of the Company or a Subsidiary is bound or affected; except in the case of each of clauses (ii) and (iii), such as could not have or reasonably be expected to result in 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 of the parties agrees that any breach of the terms of this Agreement will result in irreparable injury and damage to the other parties, for which there is no adequate remedy at law. Each of the parties therefore agrees that in the event of a breach or any threat of breach, the other parties shall be entitled to an immediate injunction and restraining order to prevent such breach, threatened breach or continued breach, and/or compelling specific performance of the Agreement, without having to prove the inadequacy of money damages as a remedy or balancing the equities between the parties. Such remedies shall be in addition to any other remedies (including monetary damages) to which the other parties may be entitled at law or in equity. Each party hereby waives any requirement for the securing or posting of any bond in connection with any such equitable remedy.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and each Subsidiary will do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, and Intellectual Property material to the conduct of its business; provided that the foregoing shall not prohibit any transaction permitted under Section 6.03 or 6.05, including any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

assistant: Existence
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 806-19. Any blanket attempt to apply General Motors Corp. to all non-cash settlements would therefore be in error, and the fact that the settlement does not put cash directly in class members’ pockets is irrelevant. The Texas attorney general has raised the prospect that the additional product benefit may violate Texas law because it provides for a rebate on insurance. Statutes such as these, which often date from the 1800s, are relatively common and typically bar attempts to induce the purchase of additional insurance: “Most states... have laws that prohibit insurance companies, agents, brokers, and others from giving rebates as an inducement to insurance. They generally prohibit only rebates made as an inducement to insurance and that are not set . Rptr. 67 (Cal. Ct. App. 1980) (<HOLDING>); Northern Assurance Co. v. Meyer, 160 N.W. 617 Options: A. holding insurers right to subrogation arises only upon the insurers showing that the sum of the insureds recovery from the insurer and from persons legally responsible for the injury exceeds the insureds loss B. holding that insurance agents purchase of drinks for prospective insureds did not violate antirebate statute C. holding that an agreement between insurer and insureds whereby insurer reimbursed insureds for costs of providing insurers administrative services did not violate antirebate statutes where agreements were not offered as an inducement to purchase insurance and reimbursements were reasonable in comparison to services rendered D. holding that payment under settlement agreement between insurer and insureds concerning disputed premium claims was a compromise that did not violate antirebate statute E. holding that insureds demand to insurer was liquidated when insurer did not point to any evidence at trial in support of its contention that damages were disputed

assistant: The best answer is C. holding that an agreement between insurer and insureds whereby insurer reimbursed insureds for costs of providing insurers administrative services did not violate antirebate statutes where agreements were not offered as an inducement to purchase insurance and reimbursements were reasonable in comparison to services rendered
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: established rule is that if an ordinance is partially invalid, “the remainder of the ordinance should not be stricken down as void unless it may be found judicially that the city council would not have passed the entire enactment if it had known of such invalidity.” Wilson v. Waynesville, 615 S.W.2d 640, 642 (Mo.App.1981). See also Boonville v. Rowles, 869 S.W.2d 889, 892 (Mo.App.1994). This general rule has “frequently been applied with respect to zoning ordinances. Generally, under such rule, a zoning ordinance in part invalid will not be declared void in toto where it is designed to promote the public health, safety and general wel-fare_” McQuillin, Municipal Corporations § 25.63 (3d ed. 1991). See, e.g., Cities Serv. Oil Co. v. Oak Brook, 15 Ill.App.3d 424, 304 N.E.2d 460 (1973) (<HOLDING>). Plaintiffs nevertheless contend that a zoning Options: A. holding that a county ordinance conflicted with state laws and was invalid as applied to all citizens B. holding seniorhousing zoning ordinance invalid as applied C. holding an ordinance invalid to the extent that it permits what a statute restricts D. holding that a city could not apply its rent control ordinance in conflict with tribal ordinance to nonindians on reservation trust land E. holding ordinance which established set back requirements invalid as to particular strips of land

assistant: The best answer is E. holding ordinance which established set back requirements invalid as to particular strips of land
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: No failure to exercise and no delay in exercising, on the part of any Party, any right, remedy, power or privilege hereunder shall operate as a waiver hereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 3 .The material facts are not in dispute. This recitation of facts is taken almost verbatim from the Opening Brief filed on behalf of Richards. 4 . Supr. Ct. R. 8. 5 . See Del.Code Ann. tit. 11, § 271 (1974). 6 . Griffin v. California, 380 U.S. 609, 615, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965). See also Jackson v. State, 643 A.2d 1360 (Del.1994). 7 . United States v. Robinson, 485 U.S. 25, 31-32, 108 S.Ct. 864, 99 L.Ed.2d 23 (1988). 8 .Id. 9 . Id. at 27, 108 S.Ct. 864. 10 . Id. 11 . Id. at 29, 108 S.Ct. 864. 12 . United States v. Robinson, 485 U.S. 25, 31-32, 108 S.Ct. 864, 99 L.Ed.2d 23 (1988). 13 . Id. at 33, 108 S.Ct. 864, citing Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 2954, 57 L.Ed.2d 973 (1978) (emphasis added). 14 . See, e.g., Robertson v. State, 596 A.2d 1345, 1357 (Del.1991) (<HOLDING>). 15 . Miller v. State, 750 A.2d 530 (Table) Options: A. holding that the prosecutors repeated comments that the defendant could have denied knowledge of the drugs or rebutted the trafficking charge by testifying were so prejudicial as to constitute plain error B. holding instruction to jury that counsels arguments were not evidence did not negatej the prejudicial effect of the prosecutors inflammatory comments C. holding that a supervisors repeated comments to an employee that the supervisor wanted to have sex with the employees fifteenyearold daughter were extremely severe because the comments were significantly more offensive than the typical crass comments we have found to be insufficient to constitute harassment in other cases D. holding that plain error is the appropriate standard of review when a defendant objects to a prosecutors comments at trial does not move for a mistrial and then on appeal argues that the comments deprived him of a fair trial E. holding that the district court committed prejudicial error in admitting expert testimony about the structure of drug trafficking organizations because the testimony portrayed the defendant as a member of such an organization and implied the defendant knew the drugs were in his vehicle

assistant: The best answer is A. holding that the prosecutors repeated comments that the defendant could have denied knowledge of the drugs or rebutted the trafficking charge by testifying were so prejudicial as to constitute plain error
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: court’s] duty is to adopt the latter.” Jones, 529 U.S. at 857, 120 S.Ct. 1904 (quotation omitted). See also United States v. Bass, 404 U.S. 336, 349, 92 S.Ct. 515, 30 L.Ed.2d 488 (1971) (applying this principle, as in Jones, to a setting where one construction of a statute would “define as a federal crime conduct readily denounced as criminal by the States”). In applying this constitutional-avoidance principle to the arson of a private residence, Jones emphasized “that the area was one of traditional state concern and that the legislation [was] aimed at activity in which neither the actors nor their conduct has a commercial character.” 529 U.S. at 858, 120 S.Ct. 1904 (citation and quotation omitted). See United States v. Lopez, 514 U.S. 549, 567, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995) (<HOLDING>). Jones likewise teaches that federal courts Options: A. holding that statute which prohibited gun possession near a school zone exceeded congresss authority under the commerce clause because the statute did not regulate activity that had a substantial effect on interstate commerce B. holding that gunfree school zones act of 1990 which proscribed possession of a firearm within 1000 feet of a school exceeded congressional authority under commerce clause because it reached conduct that did not substantially affect or have a meaningful connection with interstate commerce C. holding that the gunfree school zone act exceeds congresss authority to regulate commerce D. holding that the gunfree school zones act exceeds congress power under the commerce clause E. holding that 42 usc 13981 exceeds congresss authority under the commerce clause

assistant: The best answer is C. holding that the gunfree school zone act exceeds congresss authority to regulate commerce
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Circuit’s decision. See Juan Fermin v. United States, 513 U.S. 1170, 115 S.Ct. 1145, 130 L.Ed.2d 1104 (1995). 6 . On May 16, 2011, Fermin sought to amend his § 2255 petition to add a claim alleging that the petit jury’s failure to identify the controlled substance he was found to have been trafficking violated his Sixth Amendment right to a jury trial. However, the Court denied Fermin's request to amend his petition because, at the time of the request, nearly a full year had passed since Fermin submitted his initial petition, and because the motion to amend came near the end of a 60-day extension that the Court had already granted to him in order to reply to the Government's opposition. See Fed.R.Civ.P. 15(a)(2); Monahan v. New York City Dep’t of Corr., 214 F.3d 275, 283 (2d Cir.2000) (<HOLDING>) (citing Foman v. Davis, 371 U.S. 178, 182, 83 Options: A. holding that court may refuse leave to amend because of undue delay B. holding leave to amend should be freely granted absent a showing of undue delay bad faith undue prejudice or futility C. holding that the district court abused its discretion in denying leave to amend after a delay of eight months D. holding the district court is not required to grant a plaintiff leave to amend his complaint sua sponte when the plaintiff who is represented by counsel never filed a motion to amend nor requested leave to amend before the district court E. holding that delay of eleven months did not justify denial of leave to amend

assistant: The best answer is A. holding that court may refuse leave to amend because of undue delay
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 incomplete. As an exception to this general principal, a state may be liable for its failure to protect its citizens against private violence when the state (1) enters into a “special relationship” with the plaintiff or (2) creates a danger which results in foreseeable injury to a discrete plaintiff. See Ye v. United States, 484 F.3d 634, 637 (3d Cir.2007); Kneipp v. Tedder, 95 F.3d 1199, 1205 (3d Cir.1996). 1. Special Relationship Exception While a government entity generally does not have a constitutional obligation to protect citizens from the conduct of private individuals, the Constitution does “impose[] upon the State affirmative duties of care and protection” where a “special relationship” exists between the state 374, 379-80 (E.D.Pa.1995), aff'd, 91 F.3d 125 (3d Cir.1996) (<HOLDING>). Relevant to this action, the Third Circuit Options: A. holding that a person has standing to bring suit under the civil rights act if she or he can show that she or he was punished for trying to vindicate the rights of minorities B. holding that state can restore civil rights either affirmatively or automatically individually or generally C. holding that the state must affirmatively act to curtail the individuals freedom such that he or she can no longer care for him or herself D. holding that an individual can waive any process to which he or she has a right E. holding that an expert can comply with the timing requirement if an experts research even after his or her deposition revealed that the standard of care in his or her community was the same or similar to the standard of care in the community in which he or she is testifying when the injury occurred

assistant: The best answer is C. holding that the state must affirmatively act to curtail the individuals freedom such that he or she can no longer care for him or herself
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: evidence he presented at trial, the record shows that witnesses positively identified him as one of the perpetrators. Blackmon positively identified appellant in a photo line-up and in court as the man who robbed the restaurant in May. Both Christian and Blackmon positively identified appellant in a photo line-up and in court as the man who entered the restaurant just before Briscoe on the night of the June robbery. The identification of appellant by the eye-witnesses is sufficient to support appellant’s convictions. See Davis v. State, 177 S.W.3d 355, 359 (Tex.App.Houston [1st Dist.] 2005, no pet.) (“It is well established that a conviction may be based on the testimony of a single eyewitness.”); Harmon v. State, 167 S.W.3d 610, 614 (Tex.App.-Houston [14th Dist.] 2005, pet. ref'd) (<HOLDING>); Aguilar v. State, 468 S.W.2d 75, 77 Options: A. holding that circumstantial evidence alone is sufficient to support a cocaine conspiracy conviction B. holding that witnesss testimony was sufficient to support the trial courts finding that defendant committed battery that resulted in bodily injury C. holding witnesss testimony identifying appellant is sufficient standing alone to support conviction D. holding that perjured testimony standing alone does not constitute fraud upon the court E. holding that conviction on appeal is not admissible to impeach witnesss credibility

assistant: The best answer is C. holding witnesss testimony identifying appellant is sufficient standing alone to support conviction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Mac Pherson expressly argued to the state trial court, and subsequently to the Appellate Division, that the Order for Service by Publication was predicated on a misrepresentation of material fact, that sustaining jurisdiction over him based on publication would be a denial of his constitutional right to due process, that procedural due process requires notice reasonably calculated to apprise interested parties of the pendency of an action affecting a person’s property interest, and that the state court should have ordered a hearing to determine whether service by other means was available before ordering service by publication. Accordingly, res judicata applies to preclude Mac Pherson from asserting in federal court the claims he has raised in this action. See Brooks, 84 F.3d at 1463 (<HOLDING>). We have considered all of Mac Pherson’s Options: A. holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii B. holding that the plaintiffs due process claims were completely barred by res judicata because the underlying factual predicate for each of these claims is substantially identical to the allegations presented in state court C. holding that when claims regarding the employment relationship arise after the plaintiffs first case is initiated the second case is not barred by res judicata D. holding second action barred by res judicata because plaintiff asserted identical claims and jurisdictional grounds as the first action E. holding that the plaintiffs claims were barred by res judicata when the federal courts judgment was finalized by denial of his petition for certiorari

assistant: The best answer is B. holding that the plaintiffs due process claims were completely barred by res judicata because the underlying factual predicate for each of these claims is substantially identical to the allegations presented in state 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: Recipient will not disclose or permit access to Confidential Information to contract workers, consultants or contractors of Recipient or its Affiliates unless authorized by Disclosing Party in writing and on condition that such persons are bound by obligations of confidentiality inuring to the benefit of Disclosing Party and its Affiliates at least as restrictive as these terms and conditions.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: S.Ct. at 1628, 100 L.Ed.2d at 36. In Sampson, the defendant challenged the search of trash that she had placed inside her yard, but also within reach from a municipal sidewalk. 362 Md. at 441, 765 A.2d at 630. We noted that the proper focus after Greenwood was whether the defendant’s subjective expectation of privacy in her trash was objectively reasonable. Id. at 444-45, 765 A.2d at 632-33. This Court recently had the occasion to apply the objecti (6th Cir.2005) (finding that Hunyady had no standing to challenge search of home he illegally entered because his presence was “wrongful.”); United States v. McRae, 156 F.3d 708, 711 (6th Cir.1998) (determining that squatter had no standing to challenge search of abandoned home): United States v. Dodds, 946 F.2d 726, 728-729 (10th Cir.1991) (<HOLDING>); United States v. Ruckman, 806 F.2d 1471, 1472 Options: A. holding that squatter had no standing to challenge search of abandoned apartment because hardly more than a fugitive presence would not be one that could be accepted by society B. holding that squatter in home did not have standing to challenge search of house where he was staying C. holding that squatter had no standing to challenge search of abandoned apartment which he had occupied solely for the business of packing for distribution for narcotics D. holding that squatter had no standing to challenge search of abandoned house where he was staying E. holding that squatter had no reasonable expectation of privacy and therefore no fourth amendment standing to challenge search of abandoned structure

assistant: The best answer is A. holding that squatter had no standing to challenge search of abandoned apartment because hardly more than a fugitive presence would not be one that could be accepted by society
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 execution and delivery of this Agreement by Stockholder, nor the performance by Stockholder of its obligations hereunder will (i) require any consent, approval, authorization or permit of, registration, declaration or filing (except for such filings as may be required under the federal securities laws or as would not prevent, delay or otherwise impair Stockholder’s ability to perform its obligations hereunder) with, or notification to, any Government Authority, (ii) if Stockholder is an entity, result in a violation of, or default under, or conflict with any provision of its certificate of incorporation, bylaws, partnership agreement, limited liability company agreement or similar organizational documents, (iii) result in a violation or breach of, or constitute (with or without due notice or lapse of time or both) a default (or give rise to any right of termination, cancellation, or acceleration) under any contract, trust, agreement, instrument, commitment, arrangement or understanding applicable to Stockholder or Stockholder’s Subject Shares, or result in the creation of a security interest, lien, charge, encumbrance, equity or claim with respect to any of Stockholder’s Subject Shares, except, in the case of clause (iii), as would not prevent, delay or otherwise impair Stockholder’s ability to perform its obligations hereunder, (iv) require any consent, authorization or approval of any Person other than a Government Authority, except, in the case of clause (iv), as would not prevent, delay or otherwise impair Stockholder’s ability to perform its obligations hereunder or (v) violate or conflict with any order, writ, injunction, decree, rule, regulation or law applicable to Stockholder or Stockholder’s Subject Shares. If Stockholder is a married individual and Stockholder’s Subject Shares constitute community property or otherwise need spousal approval in order for this Agreement to be a legal, valid and binding obligation of Stockholder, this Agreement has been duly authorized, executed and delivered by, and constitutes a legal, valid and binding obligation of, Stockholder’s spouse, enforceable against such spouse in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or other similar laws affecting creditors’ rights generally and by general equitable principles (regardless of whether enforceability is considered in a proceeding in equity or at law).

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: with the exception of any of the provisions in section 1 of this agreement to arbitrate ( `` prohibition of class and representative actions and non-individualized relief '' ) , if an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable , the other parts of this agreement to arbitrate shall still apply .

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: Export Clause does not contain that affirmative requirement, the court cannot construe the clause as the full and express waiver of sovereign immunity necessary to allow prejudgment interest. C. Fifth Amendment Taking Plaintiffs argue that the imposition of the HMT on exports was a taking under the Fifth Amendment and, therefore, the traditional rule against interest does not apply. The Takings Clause of the Fifth Amendment guarantees that private property shall not be taken for public use without just compensation. See U.S. Const, amend. V. A Fifth Amendment takings claim requires a two-step analysis. First, Plaintiff must establish that it possesses a compensable property interest. See, e.g., Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 1014 (1992); , 876 (9th Cir. 1991) (<HOLDING>); Coleman v. C.I.R., 791 F.2d 68, 70 (7th Cir. Options: A. holding that probation does not constitute a sentence B. holding that a purely financial exaction does not constitute a taking C. holding that bodily injury does not include purely emotional injuries D. holding that overflights can constitute a taking E. holding that the failure to completely disentangle the parties financial affairs does not constitute an abuse of discretion

assistant: The best answer is B. holding that a purely financial exaction does not constitute a taking
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 terms of this Agreement, and the Proprietary Information Agreement incorporated herein by reference as set forth in Section 5 , are intended by the Parties to be the final expression of their agreement with respect to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral . The Parties further intend that this Agreement shall constitute the complete and exclusive statement of their terms and that no extrinsic evidence whatsoever may be introduced in any judicial, administrative, or other legal proceeding to vary the terms of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the ALJ did not attempt such an explanation. To the contrary, this evidence supports claimant’s testimony. See SSR 96-7p at *7 (“In general, a longitudinal medical record demonstrating an individual’s attempts to seek medical treatment for pain or other symptoms and to follow that treatment once it is prescribed lends support to an individual’s allegations of intense or persistent pain or other symptoms for the purposes of judging the credibility of the individual’s statements.”). It was error for the ALJ to fail to expressly consider claimant’s persistent attempts to find relief from his pain, his willingness to try various treatments for his pain, and his frequent contact with physicians concerning his pain-related complaints. See Winfrey v. Chater, 92 F.3d 1017, 1021 (10th Cir.1996) (<HOLDING>); Clifton, 79 F.3d at 1010 (ALJ must “discuss Options: A. holding the alj was permitted to consider fact claimant had not sought treatment for her alleged back pain B. holding it is error for an alj to fail to consider factors relevant to the pain analysis which are supported by the record C. holding that hypothetical question should have included allegations of pain which were supported by record D. holding that the alj did not err in discounting a claimants reports of pain where they were not supported by the medical record E. holding that where adequately supported credibility findings are for the alj to make

assistant: The best answer is B. holding it is error for an alj to fail to consider factors relevant to the pain analysis which are supported by the record
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: Prior to any settlement of vested RSUs, the Participant shall be required to pay or make adequate arrangements satisfactory to the Company for the payment of all applicable tax withholding obligations. The Participant hereby authorizes the Company to satisfy all or part of the amount of such tax withholding obligations by deducting such amount from cash compensation or other payments that would otherwise be owed to the Participant. The Committee, acting in its sole discretion and pursuant to applicable law, may permit the Participant to satisfy any such tax withholding obligations with Shares that would otherwise be issued to the Participant in settlement of vested RSUs, and/or with previously-owned Shares held by the Participant. The amount of the Participant’s tax withholding obligation that is satisfied in Shares, if any, shall be based upon the Fair Market Value of the Shares on the date such Shares are delivered or withheld.

assistant: Tax 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 case excerpt and choose the best holding from the options. Case excerpt: to a decision based upon a full and fair review that comports with the requirements of section 503 of the Act. 63 Fed.Reg. 48397 (Sept. 9, 1998). From this language, and similar comments made at other points during the rulemaking process, the plaintiff contends that strict compliance with the procedures set forth in the regulations is now required and that deviations from those procedures will result in decisions that should be afforded no deference by a district court under the de novo standard of review. Some district courts have found that, in light of the Department of Labor’s commentary regarding the new regulations, no substantial compliance exception should be read into the regulations. See, e.g., Reeves v. Unum Life Ins. Co. of America, 376 F.Supp.2d 1285, 1294 (W.D.Okla.2005) (<HOLDING>). In Goldman v. Hartford Life & Accident Ins. Options: A. holding that where a party has insisted on strict compliance with the contracts terms the doctrine of substantial performance does not apply B. holding that substantial compliance with notice is sufficient C. holding that the substantial compliance doctrine did not apply when a fiduciary failed to issue a timely decision on claimants appeal D. holding that under the law of the case doctrine an issue of fact or law decided on appeal may not be reexamined by the appellate court on a subsequent appeal E. holding it is impossible to apply the substantial evidence test where the alj has failed to sufficiently explain his decision

assistant: The best answer is C. holding that the substantial compliance doctrine did not apply when a fiduciary failed to issue a timely decision on claimants appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be effective as of the date of the execution of this Agreement by the parties hereto; provided that if the transactions contemplated under that certain Agreement and Plan of Merger by and between the Bank’s parent company, Business First Bancshares, Inc., and Richland State Bancorp, Inc., shall not be consummated as provided therein, this Agreement shall be automatically be void and of no force and effect.

assistant: Effectiveness
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 execution of this Agreement, nor the performance by the Purchaser and the Company of their respective obligations hereunder or thereunder will violate or conflict with the Company or Purchaser’s entry into or performance under this Agreement or the Company’s organizational documents, or any applicable Law or Order.

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: The Borrower shall, on demand, indemnify the Bank against any Breakage Costs and any and all other costs, losses, expenses or liabilities sustained or incurred by the Bank (“Special Costs”) as a result of (i) the Loan not being made for any reason, including, without limitation, non-fulfillment of any of the conditions set forth in Article 3; (ii) the occurrence of any Event of Default or the failure of a warranty set forth in Article 4; (iii) the accelerated repayment of the Loan pursuant to Article 7; (iv) the repayment, prepayment, receipt or recovery in any other manner of the Loan or any other amount due under any Loan Document on any day other than the day scheduled for the repayment, prepayment, receipt or recovery thereof; or (v) the failure of the Borrower to make prepayment after having given notice thereof to the Bank pursuant to Section 2.04.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: who was leaving house when officers arrived to execute arrest warrant for a third party, where premises warrant police secured after seizing defendant’s backpack did not specifically authorize search of defendant or her backpack); State v. Wynne, 552 N.W.2d 218, 220 (Minn.1996) (relying on Graham to invalidate search of purse taken from person arriving outside residence for which police had premises warrant after search already had commenced); State v. Andrews, 201 Wis.2d 383, 549 N.W.2d 210, 215-16, 218 (1996) (relying in part on Graham to hold that police executing premises warrant may not search items “worn by or in the physical possession of persons whose search is not authorized by the warrant” (footnote omitted)); Hayes v. State, 141 Ga.App. 706, 234 S.E.2d 360, 361-62 (1977) (<HOLDING>). The Seventh Circuit Court of Appeals reasoned Options: A. holding search of suitcase found next to man sleeping on couch was unconstitutional where officers had warrant for particular apartment and its occupant and failed prior to search to take reasonable steps to determine whether suitcase belonged to occupant named in warrant or to nonresident visitor B. holding anticipatory warrant for search of defendants home was invalid when defendant was required to pick up suitcase containing contraband at airport and there was no assurance at time warrant was issued that defendant would take suitcase to his home C. holding search invalid under the fourth amendment when a physicallypresent occupant expressly objected to a search notwithstanding the consent of a fellow occupant D. holding anticipatory warrant for search of defendants home was invalid when defendant was required to pick up suitcase containing contraband at airport and there was no information indicating defendant would take suitcase home or otherwise linking defendants residence to illegal activity E. holding that search of appellants suitcase found on the floor next to the couch on which he was sleeping was an unconstitutional search of his person and was not authorized by a search of the residence

assistant: The best answer is A. holding search of suitcase found next to man sleeping on couch was unconstitutional where officers had warrant for particular apartment and its occupant and failed prior to search to take reasonable steps to determine whether suitcase belonged to occupant named in warrant or to nonresident visitor
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) Immediately following the consummation of the transactions to occur on the ARCA Effective Date, including the making of the New Credit Agreement Loans and the application of the proceeds thereof, the Borrower and its Subsidiaries are, on a consolidated basis, Solvent.

assistant: Solvency
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: Magnum hereby agrees to employ Executive, and Executive hereby agrees to accept employment with Magnum, upon the terms and conditions contained in this Agreement. The employment of the Executive by Magnum pursuant to this Agreement shall be for a period beginning on the Effective Date and continuing until Executive’s employment is terminated as provided in Section 5 herein (the “ Employment Period ”).

assistant: Employment
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: From time to time, at the request of either of Brushy or Lilis and without additional consideration, the Stockholders shall execute and deliver, or cause to be executed and delivered, such additional transfers, assignments, endorsements, proxies, consents and other instruments, and shall take such further actions, as any of Brushy or Lilis may reasonably request for the purpose of carrying out and furthering the intent of this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: Wherever possible, each provision of this Option shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Option shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions or the remaining provisions of this Option.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: airbnb will use commercially reasonable efforts to address hosts ' requests and claims related to security deposits , but airbnb is not responsible for administering or accepting any claims by hosts related to security deposits .

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: Importer shall obtain and maintain at all times during the Term commercial general liability and property insurance in amounts typical for importers and exporters of pharmaceutical products as set forth under this Agreement, including insurance covering loss or theft of, or damage to, Product.

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: Notwithstanding anything contained in this Agreement or the Plan, the Company may not take any actions hereunder, and no award shall be granted, that would violate the Securities Act of 1933, as amended (the “Act”), the Securities Exchange Act of 1934, as amended, the Code, or any other securities or tax or other applicable law or regulation.

assistant: Compliance With Laws