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: years in prison. In reality, Horn scored 390.25 months (more than 32 years) as a maximum sentence. And, after Horn admitted the violations, the trial court ultimately imposed a sentence of 234.15 months (more than 19 years) in prison. In light of the misadvice given to Horn as to the potential sentence he faced upon entry of his pleas, the trial court should have granted Horn’s motion and allowed him to withdraw the pleas- See, e.g., Leto v. State, 658 So.2d 1108, 1109-10 (Fla. 4th DCA 1995) (“The cases hold that erroneous advice by defense' counsel as to the probable length of confinement may affect voluntariness where the defendant can show that the plea would hot have been made without the erroneous advice.”) (citations omitted); Small v. State, 600 So.2d 518 (Fla. 5th DCA 1992) (<HOLDING>); Mantle v. State, 592 So.2d 1190, 1193 (Fla. Options: A. holding that if a plea agreement is breached the district court may either grant specific performance or allow the defendant to withdraw the plea B. holding that a defendant who is allowed to withdraw his plea must either withdraw his plea to all charges or to none when his plea to all charges was part of an agreement with the state C. recognizing that a voluntary and understanding guilty plea entered without the benefit of a plea bargain waives all nonjurisdictional defects that occurred before the entry of the plea D. holding that for a facially sufficient claim that the plea was involuntary based on misadvice of counsel defendant must allege he would not have accepted the plea agreement but for the misadvice E. holding that a defendant must be allowed to withdraw a plea entered based upon the misadvice of counsel regarding potential penalties to be faced upon entry of the plea

assistant: The best answer is E. holding that a defendant must be allowed to withdraw a plea entered based upon the misadvice of counsel regarding potential penalties to be faced upon entry of the plea
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 will use the net proceeds from the sale of the Shares hereunder in accordance with the use of proceeds as set forth in that certain Letter of Intent between the Purchaser and the Company dated October 1, 2015 and attached hereto as Exhibit A .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or 3:00, something like that. Q. Okay. Could you be mistaken about that? A. Yeah, I could be, but I’m starting to kind of wonder if that isn’t the time that the trooper didn’t get there. . . . Because he was pretty late. Karen R. Baker, Judge, concurring in part; dissenting in part. I agree that the trial judge erred in granting summary judgment on Hisaw’s personal policies and join in the majority’s decision to reverse on this issue. However, I disagree with the majority’s ultimate conclusion that Hisaw’s injuries arose out of the operation, maintenance, or use of the underinsured vehicle. That is a question for the trier of fact, and it is inappropriate for this court to resolve that issue as a matter of law. See Elam v. First Unum Life Ins. Co., 346 Ark. 291, 57 S.W.3d 165 (2001) (<HOLDING>). The initial determination of the existence of Options: A. holding the question of whether insurance companys requests were reasonable under policy language was a fact question B. holding that extrinsic evidence of the parties course of conduct may be considered where the contract language is ambiguous C. holding that where the parties go beyond the contract and submit disputed extrinsic evidence to support their interpretations of an insurance policy a question of fact is presented D. holding it is a question of fact E. holding that extrinsic evidence admissible to determine intent of parties

assistant: The best answer is C. holding that where the parties go beyond the contract and submit disputed extrinsic evidence to support their interpretations of an insurance policy a question of fact is presented
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: It is (i) duly organized, validly existing, and in good standing under the laws of the jurisdiction in which it is incorporated and (ii) duly licensed or qualified to do business and is in good standing under the Applicable Laws of each jurisdiction where its ownership or lease of property or the nature or conduct of its business requires such qualification, except with respect to its commercial operations where the lack of such qualification as of the Execution Date or Effective Date does not have a material adverse effect on its financial condition or its ability to perform its obligations hereunder.

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: written request it “would be liable for any resulting damages including any denial of credit because of the reporting of such charges as delinquent to credit reporting agencies.”); Hutchinson v. Delaware Savings Bank FSB, 410 F.Supp.2d 374 (D.N.J. 2006) (recognizing that denial of credit because of negative reporting to credit reporting agencies could constitute actual damages under RESPA). b. Non-pecuniary Damages There is some disagreement on whether RESPA provides for the recovery of non-pecuniary injuries such as emotional distress under “actual damages.” See In re Tomasevic, 273 B.R. 682, 687 (Bankr.M.D.Fla.2002) (finding that actual damages under section 2605 were limited to economic pecuniary injury); Ploog v. HomeSide Lending, Inc., 209 F.Supp.2d 863, 870 (N.D.Ill.2002) (<HOLDING>); Johnstone v. Bank of America, N.A., 173 Options: A. holding in a fcra case that plaintiffs may not rely on mere conclusory statements rather they must sufficiently articulate true demonstrable emotional distress including the factual context in which the emotional distress arose evidence corroborating the testimony of the plaintiff the nexus between the conduct of the defendant and the emotional distress the degree of such mental distress mitigating circumstances if any physical injuries suffered due to the emotional distress medical attention resulting from the emotional duress psychiatric or psychological treatment and the loss of income if any B. holding that actual damages under respa included emotional damages C. holding that respas actual damages provision allows for the recovery of emotional distress D. holding that emotional distress damages are not recoverable under section 504 E. holding that a tort claim for intentional infliction of emotional distress is distinct from a claim for emotional distress damages under the employment discrimination statute

assistant: The best answer is C. holding that respas actual damages provision allows for the recovery of emotional distress
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 PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 13.6 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in which the Supreme Court stated that the Barker test, originally developed to determine when the United States has denied a defendant his Sixth Amendment right to speedy trial, see Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), also “provides an appropriate framework for determining whether [a delay between entrance of a protective order and final determination of forfeiture] violate[s] the due process right to be heard at a meaningful time." $8,850.00, 461 U.S. at 564, 103 S.Ct. at 2012. She claims that with this statement, the Supreme Court recognized that any person whose property is restrained under § 853(e) is entitled to a post-restraint adversarial hearing under the Due Process Clause. See also United States v. Crozier, 111 F.2d 1376 (9th Cir.1985) (<HOLDING>). We note that these "supporting” cases were Options: A. holding school boards are persons within the meaning of the fifth amendment due process clause B. holding on the facts of the case that the fifth amendment due process clause required a postrestraint hearing for a criminal defendant and a third party whose property was restrained under 853e C. holding that due process requires a hearing appropriate to the nature of the case D. holding that entitlement to benefits is a property interest protected by the due process clause of the fifth amendment to the united states constitution E. holding that an alien is entitled to the fifth amendment guarantee of due process which is satisfied by a full and fair hearing

assistant: The best answer is B. holding on the facts of the case that the fifth amendment due process clause required a postrestraint hearing for a criminal defendant and a third party whose property was restrained under 853e
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: F.Supp.2d at 1287-91. However, because the statute is ambiguous, 19 U.S.C. § 1623(a) could easily be interpreted as merely granting Customs broad authority to require some form of security from an importer — security which had been provided here — rather than contemplating additional security. Here Customs appears to have adopted the more restrictive interpretation. See, e.g., Sioux Honey Ass’n v. Hartford Fire Ins. Co., — CIT-, 700 F.Supp.2d 1330, 1347 (2010) (discussing how 19 U.S.C. § 1623(a) should be read in conjunction with 19 U.S.C. § 1675(a)(2)(B)(iii)) (affd in part, vacated in part on other grounds 672 F.3d 1041, cert. denied, — U.S.-, 133 S.Ct. 126, 184 L.Ed.2d 28 (2012)); see also Chevron USA v. Nat’l Res. Def. Council, 467 U.S. 837, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984) (<HOLDING>). The National Fisheries court ultimately Options: A. holding that the evidence must be sufficient to support the agencys findings of fact and that the agencys inferences from those facts must be reasonable B. holding that an agencys reasonable reading of an ambiguous statute must be affirmed C. holding that when a court is asked to construe an ambiguous statute it must defer to the interpretation set out in a regulation promulgated by the agency charged with administering the statute so long as the agencys interpretation is reasonable D. holding that where statute is ambiguous deference is appropriately accorded to agencys interpretation E. holding that a court must defer to an agencys reasonable interpretation of a statute even if the court might have preferred another

assistant: The best answer is B. holding that an agencys reasonable reading of an ambiguous statute must be affirmed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you represent and warrant that you own or otherwise control all of the rights to the content that you post ; that the content is accurate ; that use of the content you supply does not violate this policy and will not cause injury to any person or entity ; and that you will indemnify amazon for all claims resulting from content you supply .

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: the trier of fact believes that the presumed fact has been overcome by whatever degree of persuasion is required by the substantive law of the case.” Rebuttable presumptions which shift the burden of proof are “expressions of social policy,” rather than mere procedural devices employed “to facilitate the determination of the particular action.” [This type of] presumption shifts the burden of proof, ensuring that the issue of negligence goes to the jury. This interpretation appears to best implement public policy that adequate operative notes be kept. Id. at 600-601 (quoting Caldwell v. Division of Retirement, 372 So.2d 438, 440 (Fla.1979)). Applying these observations to the present case, we hold that the trial court should have adopted a rebuttable presumption that Providen 1982) (<HOLDING>). 2. Shifting the burden of proof makes it Options: A. holding that the trial courts definition of normal use was harmless error B. holding that unless an erroneous instruction was unlikely to have changed the result of the trial a reviewing court cannot say that giving the instruction was harmless error C. holding that any error in trial courts comparative negligence instruction was harmless where the jury found that both defendants were not negligent D. holding that any error was harmless and thus not plain error E. holding exclusion was harmless error

assistant: The best answer is C. holding that any error in trial courts comparative negligence instruction was harmless where the jury found that both defendants were not negligent
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: committing an illegal act but “had cause to believe” that Nicholson was trespassing. The trial court found that Detective Lockwood had a valid basis to approach Nicholson and inquire as to his presence. Detective Lockwood instructed Nicholson to “hold up.” Detective Lockwood testified that his police badge and insignia were clearly visible. Nicholson, however, ran from the scene. The majority concludes that Nicholson’s flight from the scene was not a valid basis upon which to find reasonable suspicion. I agree that a defendant’s flight, standing alone, is insufficient to establish reasonable suspicion. I believe, however, that a defendant’s flight is one factor that may be properly considered in examining the issue of reasonable suspicion. See Wardlow, 528 U.S. at 124, 120 S.Ct. 673 (<HOLDING>). The majority also identifies innocent reasons Options: A. holding nervous behavior and inconsistent story justified reasonable suspicion and subsequent search B. holding that nervous evasive behavior such as flight is a relevant factor in an examination of reasonable suspicion C. recognizing presence in a high crime area unprovoked flight and nervous evasive behavior as factors supporting a reasonable suspicion D. holding that nervous evasive behavior is a pertinent factor in determining reasonable suspicion E. holding that nervous behavior and failure to make eye contact did not give rise to reasonable individualized suspicion

assistant: The best answer is B. holding that nervous evasive behavior such as flight is a relevant factor in an examination of reasonable suspicion
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 sentence that was not individualized, that violated the separation of powers doctrine, and that was based on an unconstitutional disparity between crack and powder cocaine. We conclude that Wilson’s claims are meritless and that the district court properly considered itself constrained by the applicable statutory minimum sentence. See Chapman v. United States, 500 U.S. 453, 467, 111 S.Ct. 1919, 114 L.Ed.2d 524 (1991) (nothing that determinate sentences are not unconstitutional); United States v. Gonzalez-Ramirez, 561 F.3d 22, 30 (1st Cir.2009) (deciding that prosecutor’s discretion to seek enhanced minimum sentence does not vio late separation of powers doctrine), petition for cert. filed (U.S. Sept. 29, 2009) (No. 09-6745); United States v. Perkins, 108 F.3d 512, 518 (4th Cir.1997) (<HOLDING>). In accordance with Anders, we examined the Options: A. holding that no unconstitutional infirmity exists in the sentencing guidelines treatment of crack visavis powder cocaine B. holding that sentencing disparity between crack and powder cocaine is constitutional C. holding distinction between penalties for crimes involving crack cocaine and powder cocaine lacked rational basis and thus violated equal protection clause of state constitution D. holding that crackpowder disparity was constitutional stating that ujntil the en banc court of this circuit the us supreme court or congress itself accepts this assertion of disparity and finds it untenable challenges to the sentencing guidelines based on the disparity between sentences for crack cocaine and powder cocaine will continue to fail E. holding that a judge may consider the disparity between the guidelines treat ment of crack and powder cocaine offenses in deciding upon a sentence

assistant: The best answer is B. holding that sentencing disparity between crack and powder cocaine is constitutional
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: In the event that the RECEIVING PARTY is requested or required (by oral questions, interrogatories, requests for information or documents in legal proceedings, subpoena, civil investigative demand or other similar process) to disclose any of the CONFIDENTIAL INFORMATION, the RECEIVING PARTY shall provide the DISCLOSING PARTY with prompt written notice of any such request or requirement so that the DISCLOSING PARTY may seek a protective order or other appropriate remedy or waive compliance with the provisions of this Agreement.

assistant: Yes
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 Contractual Obligation required to be disclosed on Schedule 7.18 (Contracts) and which is a Transferred Contract or Joint Contract (each, a “ Disclosed Contract ”) is Enforceable against Bayer or its Affiliate (assuming for this purpose that such Contractual Obligation is Enforceable against the counterparties to such Contractual Obligation) and is in full force and effect, and, subject to obtaining any necessary consents disclosed in Schedule 7.3 or Schedule 7.4 , will continue to be so Enforceable and in full force and effect on substantially identical terms immediately following the Closing.

assistant: Enforceability
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: bring an individual action under § 1132(a)(3). See 516 U.S. 489, 116 S.Ct. 1065, 134 L.Ed.2d 130 (1996). Although Varity interpreted § 1132(a)(3) to authorize individual suits, its holding is not as broad as Wilson contends. The Supreme Court ruled that an individual can sue under § 1132(a)(3), but he or she must: (1) only seek equitable relief, and (2) have no more specific means of relief available. See Varity, 516 U.S. at 508-15, 116 S.Ct. 1065; Turner v. Fallon Community Health Plan, 127 F.3d 196, 200 (1st Cir.1997). Wilson’s claim seeks damages in the amount of the rehabilitation expenses, not injunctive relief. Furthermore, the remedy for a claim that a plan participant’s benefits were improperly denied is specifically provided for in § 1132(a)(1)(B). See Turner, 127 F.3d at 200 (<HOLDING>). Thus, even if Wilson amended Count V, he Options: A. holding that an individual who brings a lawsuit pursuant to 1132a1b to challenge a denial of disability benefits does not also have a right to a cause of action for breach of fiduciary duty under 1132a3 B. holding that 1132a1b affords the plaintiff adequate relief for her benefits claim and a cause of action under 1132a3 is thus not appropriate C. holding that action to recover erisa benefits under the subject plan are legal in nature and that plaintiff is constitutionally entitled to trial by jury on any claim raised under 1132a1b D. holding plaintiff had no claim under 1132a3 because his grievance that benefits were denied is specifically addressed in 1132a1b E. holding that no ada violation was shown because the disabled were not denied benefits that were otherwise available

assistant: The best answer is D. holding plaintiff had no claim under 1132a3 because his grievance that benefits were denied is specifically addressed in 1132a1b
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: in consideration for snap group limited letting you access and use the services , you agree that we , snap inc. , our affiliates , and our third-party partners may place advertising on the services , including personalized advertising based upon the information you provide us or we collect or obtain about you .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Carlson v. Green, 446 U.S. 14, 20-23, 100 S.Ct. 1468, 1472-1474, 64 L.Ed.2d 15 (1980) (Federal Tort Claims Act not “sufficient protector” of constitutional rights to preclude “Bivens” remedy for constitutional violation); Meyerson v. Arizona, 507 F.Supp. 859, 864 (D.Ariz.1981) (“§ 1983 cannot be used to circumvent the remedial provisions of the Revenue Sharing Act”). Accordingly, the Court in Middlesex County Sewerage concluded that the express comprehensive remedial schemes of two separate statutes both foreclosed implied private actions and supplanted remedies available under section 1983. 453 U.S. at 21, 101 S.Ct. at 2627. The second exception to a 1983 action for a purely statutory violation is based, at least in part, on the explicit languag n, 664 F.2d 1210, 1217 (4th Cir. 1981) (<HOLDING>). The Court again recognized this exception to Options: A. holding that claim brought under section 1983 of the civil rights act constituted a personal injury tort claim because section 1983 confers a general remedy for injuries to personal rights B. holding housing statutes create no rights in tenants for purposes of section 1983 C. holding that the states personal injury statutes of limitation should be applied for claims under section 1983 D. holding that congress intended to create enforceable rights in participating section 8 tenants to the same extent as it did in enacting the statute implicated in wright E. holding states are not persons for the purposes of section 1983

assistant: The best answer is B. holding housing statutes create no rights in tenants for purposes of section 1983
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 and the documents and instruments and other agreements among the parties hereto referenced herein, including the Purchase Agreement (and the documents and instruments and other agreements among the parties thereto referenced therein) constitute the entire agreement among the parties hereto with respect to the subject matter hereof and supersede all prior agreements and understandings both written and oral, among the parties with respect to the subject matter hereof, and are not intended to confer upon any other person any rights or remedies hereunder.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: ( 2 ) connecting , or creating tools that allow you to connect , to world of warcraft 's proprietary interface or interfaces , other than those explicitly provided by blizzard entertainment for your use .

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: Executive's Base Salary shall not be less than $240,000.00, subject to possible adjustments on an annual basis ("Base Salary"). The annual adjustment to Base Salary, if any, shall be a discretionary increase deemed appropriate by the Board or one of its Committees in accordance with the prevailing salary administration practices of the Corporation. The Base Salary shall be paid in accordance with the Corporation's regular payroll during the Term, and if applicable, during the severance pay period, less all required payroll taxes and authorized withholdings.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you acknowledge that , in the event the company or a third party breaches this eula , the damage or harm , if any , caused to you will not entitle you to seek injunctive or other equitable relief against the company , and your only remedy will be for monetary damages , subject to the limitations of liability set forth in this eula .

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: and directed the lessor to acquire the goods or the right to possession and use of the goods from that person; (B) that the lessee is entitled under this division to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; and (C) that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies. 13 Pa.C.S.A. § 2A103(a). See also De Lage Landen Financial Services, Inc. v. M.B. Management Co., Inc., 888 A.2d 895 (Pa.Super.2005) (<HOLDING>). ¶ 14 The Comment to Section 2A103 elaborates Options: A. holding that the question of whether a bankruptcy trustee or a putative lessor was entitled to the proceeds of an equipment sale depended on whether a true lease was involved when the lease is intended as a security interest article 9 applies however a bona fide lease is not affected by article 9 B. recognizing that a lease providing for renewal at the termination of the lease did not require the lessee to exercise the option before the lease expired nor did it require renewal at the precise hour of termination but gave the lessee a reasonable time after the termination of the lease in which to make his election C. holding lease agreement that explicitly stated it was finance lease as defined in article 2a of ucc was finance lease even though lessee did not direct lessor to acquire goods or right to possession and use of goods from supplier D. holding lessee of copy machine breached finance lease which obligated lessee to make payments to lessor regardless of whether copy machine satisfied lessees use requirements where lessee accepted delivery of copy machine and made two payments under lease prior to willful default E. holding evidence that suppliers employees were trained to complete the finance lease documents and were authorized by the finance lessor to negotiate a finance lease was sufficient to defeat a motion for directed verdict

assistant: The best answer is C. holding lease agreement that explicitly stated it was finance lease as defined in article 2a of ucc was finance lease even though lessee did not direct lessor to acquire goods or right to possession and use of goods from supplier
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Closing Date, no statement, information, report, representation, or warranty made by the Borrower in any Loan Document, when so made (or if dated or otherwise specified therein, as of such date), or furnished to the Lender by or at the direction of the Borrower in connection with any Loan Document, when so furnished (or if dated or otherwise specified therein, as of such date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

assistant: Disclosures
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 and delivery of each Loan Document by each Loan Party party thereto and performance thereof: (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority, except such as have been obtained or made and are in full force and effect (except for (i) any reports required to be filed by the Borrower with the SEC pursuant to the Exchange Act or (ii) those that may be required from time to time in the ordinary course of business that may be required to comply with certain covenants contained in the Loan Documents), (b) will not violate the charter or by-laws (or equivalent organizational documents) of the Borrower or of any other Loan Party, (c) will not violate any applicable law (including ERISA and Environmental Laws) or regulation or any order of any Governmental Authority to which any Loan Party is subject, and (d) will not violate or result in a default under any indenture, agreement or other instrument binding upon the Borrower or any other Loan Party or its assets or give rise to a right thereunder to require any payment to be made by the Borrower or any of its Subsidiaries, except in the case of clauses (a), (c) and (d) above for any such violations or defaults that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: BUYER AND SELLER EACH WAIVES RIGHTS TO TRIAL BY JURY IN ANY ACTION BETWEEN THEM RELATED TO THIS AGREEMENT, THE TRANSACTION CONTEMPLATED HEREBY, THE PROPERTY OR THE LOAN.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Credit Party represents and warrants as of the effective date of this Amendment that (a) each of the representations and warranties set forth in the Operative Agreements as amended by this Amendment are true and correct in all material respects as of the effective date of this Amendment (except representations and warranties which (x) expressly relate solely to an earlier date or time, in which case such representations and warranties were true and correct as of such earlier date or time or (y) are qualified by materiality or references to Material Adverse Effect, which such representations and warranties shall be true and correct in all respects as of the effective date of this Amendment) and (b) both before and immediately following the consummation of the transactions contemplated by this Amendment, no Lease Default or Lease Event of Default has occurred and is continuing.

assistant: Warranties
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 exhaust his available administrative remedies with respect to the claims alleged against them. The district court ruled against Pinder on the merits of the claims against those defendants rather than by first addressing and ruling upon the non-exhaustion affirmative defenses which they had in fact raised, as required by 42 U.S.C. § 1997e(a) and our holdings in, e.g., Porter v. Sturm, 781 F.3d 448, 451 (8th Cir. 2015), and Chelette v. Harris, 229 F.3d 684, 688 (8th Cir. 2000). See also Benjamin v. Ward County, 632 Fed.Appx. 301 (8th Cir. 2016) Accordingly, circuit precedent requires us to vacate that portion of the district court’s judgment and remand the case for a ruling on those individually claimed defenses. Cf. Lyon v. Vande Krol, 305 F.3d 806, 806-09 (8th Cir. 2002) (en banc) (<HOLDING>). The dismissal without prejudice of the claims Options: A. holding that 42 usc 1997ea requires prisoners to exhaust a process and not a remedy B. holding that dismissal under 42 usc 1997ea was required even though case had gone to trial as inmate had failed to exhaust administrative remedies C. holding that plaintiff failed to exhaust administrative remedies by failing to include issue in case brief D. holding that 42 usc 1997ea requires dismissal without prejudice where a prisoner has not exhausted administrative remedies prior to filing suit E. holding that inmate plaintiff satisfied 1997ea where he attempted to exhaust all available administrative remedies but was prevented from doing so by prison personnel

assistant: The best answer is B. holding that dismissal under 42 usc 1997ea was required even though case had gone to trial as inmate had failed to exhaust administrative remedies
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All interest and fees and expenses, if any, owing or accruing under or in respect of the Existing Credit Agreement through the Closing Date (including any breakage fees in respect of LIBOR Rate Loans as defined therein) shall be calculated as of the Closing Date (pro-rated in the case of any fractional periods), and shall be paid on the Closing Date.

assistant: Interests
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 PARTNER, FOR ITSELF AND ON BEHALF OF ITS AFFILIATES, HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY ACTION, LAWSUIT OR PROCEEDING RELATING TO ANY DISPUTE ARISING OR IN CONNECTION WITH THIS AGREEMENT OR ANY TRANSACTION DESCRIBED IN THIS AGREEMENT OR DISPUTE BETWEEN THE PARTIES (INCLUDING DISPUTES WHICH ALSO INVOLVE OTHER PERSONS).

assistant: Waiver Of Jury Trials
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: 17 U.S.C. § 102). It then noted that "[elffort expended to create the Tentative Map and supporting documents is effort expended to create tangible: works of authorship," and "[als such, ... [was] within the scope of copyright protection." Id. (citing Mayer v. Josiah Wedgwood & Sons, Ltd., 601 F.Supp. 1523, 1535 (S.D.N.Y.1985)). Turning to the second prong-the extra-element test-the court noted that the development company's allegation that its former employee had breached her fiduciary duty by giving the map to its competitor did not "change[] the nature of [its] action'" but rather simply restated a copyright claim. Id. at 977. Accordingly the "unfair competition claim for misappropriation of ... time and effort expended in producing t *1, *5 (Mich.App. Sept. 22, 2005) (per curiam) (<HOLDING>); Editorial Photocolor Archives, Inc. v. Options: A. holding in suit between sellers of historic photographs copyright act preempted state law claim based on right to exclusive reproduction of photographs B. holding that even if utah law recognized tort of misappropriation such a claim would be preempted by copyright act C. holding in suit between film and photograph archive companies that copyright act preempted misappropriation claim and pllaintiffs could not by nsiscasting their causes of action secure the equivalent of copyright protection under guise of state law D. holding that while the computer program at issue was within the subject matter of copyright the right sought under state law pursuant to a license was not equivalent to the exclusive rights under copyright as such copyright preemption did not apply E. holding misappropriation claim by real estate information service provider against website using services photographs was preempted by copyright act because claim had no extra element

assistant: The best answer is A. holding in suit between sellers of historic photographs copyright act preempted state law claim based on right to exclusive reproduction of photographs
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: BORROWER HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY RELATING TO THIS NOTE OR THE TRANSACTIONS CONTEMPLATED HEREBY WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY.

assistant: Waiver Of Jury Trials
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 shall employ Executive in the position of President, and Executive accepts such employment, on the terms and conditions set forth in this Agreement. Executive agrees to undertake and perform all duties required as President, as may from time-to-time reasonably be determined and assigned to him by the Board of Managers (the “Board”) of the Company, or its designee, which includes the general supervision, management, organization, administration and operation of the Company in the ordinary course of business and the specific duties outlined in Schedule “A” attached hereto. The Board or the Board’s designee shall have the right to reasonably revise such duties and responsibilities from time to time, as they deem necessary or appropriate. Executive shall perform the duties and responsibilities assigned to him faithfully, diligently, professionally, and in the best interests of the Company. Executive shall at all times perform such duties in compliance with any and all laws, rules, regulations, and policies applicable to the Company of which Executive is aware. Executive shall also adhere to and obey all written rules and policies governing the conduct of the Company’s employees as may be established and modified from time-to-time.

assistant: Duties
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: regarding Marks’s malingering. Because the State disclosed Dr. Arambula’s opinions, Marks could reasonably have anticipated the need to rebut Dr. Arambula’s testimony later at trial. See Orkin Exterminating Co. v. Williamson, 785 S.W.2d 905, 910-11 (Tex.App.-Austin 1990, writ denied). In general, rebuttal witnesses, whose use reasonably could have been anticipated, are not exempt from the scope of the discovery rules. Moore v. Mem’l Hermann Hosp. Sys., Inc., 140 S.W.3d 870, 875 (Tex.App.-Houston [14th Dist.] 2004, no pet.); Am. Bank of Waco v. Waco Airmotive, Inc., 818 S.W.2d 168, 177 (Tex.App.-Waco 1991, writ denied); Walsh v. Mullane, 725 S.W.2d 263, 264-65 (Tex.App.-Houston [1st Dist.] 1986, writ ref'd n.r.e.); but see Aluminum Co. of Am. v. Bullock, 870 S.W.2d 2, 4 (Tex.1994) (<HOLDING>). Rule 103 of the Rules of Evidence placed the Options: A. holding that the trial court had erred by excluding the expert testimony of a doctor B. holding expert testimony remedies speculation by the court C. holding trial court properly permitted party to use undesignated expert to rebut a material and unanticipated change in testimony of the opposing partys expert D. holding that fire expert should not have been sequestered where opposing expert testified to facts and theories not revealed prior to trial E. holding trial court acted within its discretion in excluding expert testimony

assistant: The best answer is C. holding trial court properly permitted party to use undesignated expert to rebut a material and unanticipated change in testimony of the opposing partys expert
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: Haher’s Sodus Point Bait Shop, Inc. v. Wigle, 139 A.D.2d 950, 951, 528 N.Y.S.2d 244, 246 (4th Dep’t.1988), citing Town of Hempstead v. Oceanside Yacht Harbor, Inc., 38 A.D.2d 263, 328 N.Y.S.2d 894, 896 (2d Dept 1972) (citing Tiffany, and holding that “[t]he right of access comprehends the reasonable, safe, and convenient use of the foreshore for navigation”); see also Stutchin v. Town of Huntington, 71 F.Supp.2d 76, 100-101 (E.D.N.Y.1999), Bravo v. Terstiege, 196 A.D.2d 473, 601 N.Y.S.2d 129 (2d Dep’t.1993). The Haher’s court conducted this reasonable access analysis looking “to the character and size of the ... activities on the land under water to determine whether under the circumstances they represent a reasonable exercise of [the] right of access.” Haher’s, 528 N.Y.S.2d at 247 (<HOLDING>). In the instant case, many factors are Options: A. holding that petitioners construction of commercial dockage over more than anacreandahalf of public waters exceeded the reasonable scope of the common law rights it has acquired by virtue of its owership of a small parcel of riparian land B. holding after analysis of tiffany and other similar cases that well over a century of common law adjudication has established the riparian owers right to reasonable access C. holding that waters in utah are of two classes private and public and title to public waters is in the public all are equal owners that is have coequal rights therein D. recognizing that in hilt it was held that the boundary line of riparian owners along the great lakes is the waters edge and not the meander line the riparian owner has the right to accretion E. recognizing under hilt that a riparian owner has use of the land to the waters edge including any new land occurring through accretions or reliction

assistant: The best answer is A. holding that petitioners construction of commercial dockage over more than anacreandahalf of public waters exceeded the reasonable scope of the common law rights it has acquired by virtue of its owership of a small parcel of riparian 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 case excerpt and choose the best holding from the options. Case excerpt: would be no challenge to his capacity to sue, other unmarried fathers whose paternity is challenged may be unable — particularly when, as here, the mother is dead — to offer sufficient evidence to convince the factfinder of paternity. 10 Cf. Mathews v. Lucas, 427 U. S. 495 (1976) (upholding the denial of survivors’ benefits under the Social Security Act to illegitimate children unless they are entitled to inherit under state intestacy law or are able to show paternity in one of several other ways, including written acknowledgment by the father, 42 U. S. C. § 402 (d) (3)). 11 Certainly, the Court has not shown such solicitude for the problem of an erroneous determination of paternity when the claimed father is the defendant rather than the plaintiff. See Gomez v. Perez, supra, at 538 (<HOLDING>). 12 See also Reed v. Reed, 404 U. S. 71, 76 Options: A. recognizing state laws can be preempted by federal regulations as well as by federal legislation B. holding that a state must entitle illegitimate as well as legitimate children to paternal support we recognize the lurking problems with respect to proof of paternity those problems are not to be lightly brushed aside but neither can they be made into an impenetrable barrier that works to shield otherwise invidious discrimination C. holding that it is within the power of the legislature to determine that the community should be beautiful as well as healthy spacious as well as clean wellbalanced as well as carefully patrolled D. holding that the state as well as the defendant has a right to rely on compliance with rule 16 E. holding that there can be no plain error where neither we nor the supreme court has addressed an issue

assistant: The best answer is B. holding that a state must entitle illegitimate as well as legitimate children to paternal support we recognize the lurking problems with respect to proof of paternity those problems are not to be lightly brushed aside but neither can they be made into an impenetrable barrier that works to shield otherwise invidious discrimination