flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has been duly organized, and is validly existing and in good standing), under the laws of the State of California. The Company has full power and authority: (i) to conduct its business in the manner in which its business is currently being conducted and is presently proposed to be conducted; (ii) to own and use its assets in the manner in which its assets are currently owned and used and are presently proposed to be owned and used; and (iii) to perform its obligations under all Contracts to which it is a party or by which it is bound.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any written notices provided for in this Agreement or the Plan shall be in writing and shall be deemed sufficiently given if either sent by nationally recognized overnight courier, or by postage paid first class mail. Notices sent by U.S. mail shall be deemed received on the date of actual receipt. Notices sent by nationally recognized overnight courier shall be deemed received upon the first day that the courier attempts delivery at the recipient’s address. Notices shall be directed, if to the Participant, at the Participant’s address indicated by the Company’s records, and if to the Company, at the Company’s principal executive office, to the attention of the General Counsel.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice to be given under the terms of this Agreement to the Company shall be addressed to the Company in care of the Secretary of the Company at the Company’s principal office, and any notice to be given to Participant shall be addressed to Participant at Participant’s last address reflected on the Company’s records. By a notice given pursuant to this Section 3.5, either party may hereafter designate a different address for notices to be given to that party. Any notice shall be deemed duly given when sent via email or when sent by certified mail (return receipt requested) and deposited (with postage prepaid) in a post office or branch post office regularly maintained by the United States Postal Service.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for which a sentence of one year or longer may be imposed, is deportable.” Section 1227(a)(2)(A)(ii) provides that "[a]ny alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct ... is deportable.” 8 . Accord Vasquez de Alcantar v. Holder, 645 F.3d 1097, 1104-05 (9th Cir.2011) (quoting Perales for same proposition); United States v. Atandi, 376 F.3d 1186, 1192 (10th Cir.2004) (stating that "courts have consistently held that an alien is not authorized to be in the United States simply because an 1-130 visa petition had been filed on his or her behalf and/or approved by the government,” and quoting Perales for same proposition); Der Rong Chour v. INS, 578 F.2d 464, 468 (2d Cir.1978) (<HOLDING>); see also United States v. Elrawy, 448 F.3d Options: A. holding that prosecution of defendant in the united states for hostage taking based on acts committed outside the united states did not violate due process B. holding that the beneficiary of a form 1130 visa petition did not have standing to challenge a denied petition C. holding that the approval of the petitioners 1130 petition did not permit him to remain in the united states D. holding that the fourteenth amendment which makes persons bom in the united states and subject to its jurisdiction citizens of the united states and requires that representatives be apportioned among the states based on population excluding indians not taxed did not make an indian a citizen of the united states E. holding that an appeal was not moot because the amendment to the ordinance at bar did not give the petitioner the relief sought so that the petitioners claim and injury remain viable

assistant: The best answer is C. holding that the approval of the petitioners 1130 petition did not permit him to remain in the united states
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: description of the nature of the case as a contract action and a section 2 — 1401 proceeding was not misleading. Borek is correct that the sufficiency of plaintiffs’ complaint is not at issue because the burden is on the petitioner to show that it is entitled to relief under section 2 — 1401, and the sufficiency of plaintiffs complaint was never addressed in relation to the section 2 — 1401 petition. Nonetheless, inclusion of this issue in Domino’s docketing statement appears to be a benign error rather than one which will result in a waste of resources and expense for the parties and this court. In fact, neither party has briefed or argued that issue on appeal; we therefore find no prejudice resulting to plaintiffs. (Cf. Kmoch v. Klein (1991), 214 Ill. App. 3d 185, 573 N.E.2d 267 (<HOLDING>).) Consequently, we deny Borek’s motion. Options: A. holding that a choice of law provision in a lease did not serve as a basis for jurisdiction B. holding that identification of appellant in notice of appeal is a jurisdictional requirement and that the failure to name a party in a notice to appeal constitutes a failure of that party to appeal C. recognizing that a district court may sua sponte dismiss a complaint for failure to serve after notice to the plaintiff D. holding that the defendants failure to timely serve a notice of appeal and docketing statement did not prejudice the plaintiff and therefore would not serve as a basis to dismiss the appeal E. holding that this court has jurisdiction when the appellant has filed a docketing statement indicating an intent to appeal a particular order within the time for filing an appeal

assistant: The best answer is D. holding that the defendants failure to timely serve a notice of appeal and docketing statement did not prejudice the plaintiff and therefore would not serve as a basis to dismiss the 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 Modification Agreement may be executed and delivered (including by facsimile transmission of portable document format (“.pdf”)) in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original, but all of which taken together shall constitute one and the same agreement.

assistant: Counterparts
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: Schedule 3(q) hereto sets forth the following information with respect to each insurance policy to which Target has been a party, a named insured, or otherwise the beneficiary of coverage at any time within the past 6 years: (i) the name, address and telephone number of the agent, (ii) the name of the insurer, the name of the policyholder, and the name of each covered insured, (iii) the policy number and the period of coverage, (iv) the scope (including an indication of whether the coverage is or was on a claims made, occurrence, or other basis) and amount (including a description of how deductibles and ceilings are calculated and operate) of coverage, and (v) a description of any retroactive premium adjustments or other loss-sharing arrangements. With respect to each such insurance policy, (i) the policy is legal, valid, binding, enforceable, and in full force and effect, (ii) the policy will continue to be legal, valid, binding, enforceable, and in full force and effect on identical terms following the consummation of the transactions contemplated by this Agreement, (iii) neither Target nor any other party to the policy is in breach or default, and no event has occurred that, with notice or lapse of time, would constitute such breach or default, or permit termination, modification, or acceleration, under the policy, and (iv) no party to the policy has repudiated any provision thereof. Target is, and has been throughout the past 6 years, covered by the insurance policies identified in Schedule 3(q). Schedule 3(q) hereto describes all self-insurance arrangements affecting Target.

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: Employee agrees and covenants that Employee will not at any time make, publish or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments, statements or gestures concerning the Company’s products or services, and existing and prospective customers, suppliers, investors and other associated third parties, or make any maliciously false statements about the Company’s employees and officers.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: academia.edu makes no warranty regarding the quality of any products , services or collective content purchased or obtained through the site or services or the accuracy , timeliness , truthfulness , completeness or reliability of any content obtained through the site or services .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All of the disclosure furnished by or on behalf of the Company to the Purchasers in the Disclosure Materials regarding the Company and its Subsidiaries, their respective businesses and the transactions contemplated hereby is true and correct in all material respects and does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made 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: During the Term, the Executive will be entitled to participate in the Company’s Time Away paid time off program for salaried employees (or successor paid time off program) as that program is administered by the Company and as it may be amended or modified from time to time; provided, in all events, the Executive will be entitled to not less than 30 days of paid vacation each fiscal year.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as provided in paragraph 24 hereof, all ROIC Performance Units that are forfeitable shall be forfeited if Participant’s employment with the Company or an Affiliate terminates for any reason except a Qualifying Termination Event.

assistant: Forfeitures
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 interpret what constitutes taxable costs after Crawford [Fitting]”); SK Hand Tool Corp. v. Dresser Indus., Inc., 852 F.2d 936, 944 (7th Cir.1988) (agreeing with the Fifth Circuit and describing the court’s authority to interpret the meaning of the phrases in § 1920, despite Crawford Fitting). In West Wind, we determined that even though § 1920 does not explicitly enumerate depositions in its list of costs, courts have properly interpreted § 1920(2) providing for “fees of the court reporter” and § 1920(4) providing for “fees for exemplification and copies of papers necessarily obtained for use in the case” as statutorily authorizing the taxation of the costs of original deposition transcripts and copies. 834 F.2d at 1238; United States v. Kole-sar, 313 F.2d 835, 838-39 (5th Cir.1963) (<HOLDING>); see also Cengr, 135 F.3d at 454 (finding Options: A. holding that claim construction is a matter of law for the court to determine B. holding that the government is liable under the ftca in the same respect as a private person under the law of the place where the act occurred C. holding the cost of a deposition copy taxable against the government in an ftca case as a matter of statutory construction under 19202 D. holding that nurses statement made during the course of treating the plaintiff was admissible under rule 801d2d when offered against the government in ftca case E. holding that physicians statement during the course of treating the plaintiff was admissible under rule 801d2d when offered against the government in ftca medical malpractice case

assistant: The best answer is C. holding the cost of a deposition copy taxable against the government in an ftca case as a matter of statutory construction under 19202
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: For all services rendered by Sorensen and all covenants and conditions undertaken by her pursuant to this Agreement, the Company shall pay Sorensen in accordance with its normal payroll practices (but not less frequently than monthly) a base salary equal to $5,000 per month, less applicable withholdings (the “ Base Salary ”). Such Base Salary shall be reviewed from time-to-time but not less than annually by the Board or the Compensation Committee of the Board, which shall make recommendations to adjust the Base Salary, if necessary, based upon appropriate applicable performance metrics.

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 legal provision and list the applicable contract clause categories. Provision: The Transactions (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority or any other third Person, nor is any such consent, approval, registration, filing or other action necessary for the validity or enforceability of any Loan Document or the consummation of the transactions contemplated thereby, except such as have been obtained or made and are in full force and effect and other than (i) the recording and filing of financing statements and the Security Instruments as required by this Agreement and such Security Instruments and (ii) those third party approvals or consents which could not reasonably be expected to have a Material Adverse Effect, (b) will not violate (i) any applicable law or regulation or any order of any Governmental Authority in each case in any material respect or (ii) the Organizational Documents of any Loan Party, (c) will not violate or result in a default under any material indenture, note, credit agreement or other similar instrument binding upon any Loan Party or its Properties, or give rise to a right thereunder to require any payment to be made by any Loan Party and (d) will not result in the creation or imposition of any Lien on any Property of any Loan Party (other than the Liens created by the Loan Documents).

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: On the Closing Date, (a) the Parent and its Subsidiaries are Solvent on a consolidated basis and (b) no Designated Borrower is subject to any proceeding under any Debtor Relief Laws.

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: The Company (or any affiliate thereof) shall withhold from the Retention Bonus all federal, state, city or other taxes as the Company (or any affiliate thereof) is required to withhold pursuant to any applicable law, regulation or ruling. Notwithstanding any other provision of the Letter Agreement or this Release, neither the Company nor any of its affiliates shall be obligated to guarantee any particular tax result for Employee with respect to any payment provided to Employee, and Employee shall be responsible for any taxes imposed on Employee with respect to any such payment.

assistant: Taxes
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: §§ 2000a et seq., to a local restaurant. 379 U.S. at 303-05, 85 S.Ct. at 383-84. The Court found the application of the statute to be within Congress' commerce power because the restaurant bought 46% of its food, costing approximately $70,000, from a local supplier who obtained it from outside of the state. Id. at 296, 298, 85 S.Ct. at 379-80, 380-81. In part, the McClung Court relied on the fact that the amount of food the restaurant procured from out of state, " 'taken together with that of many others similarly situated,’ ” was " 'far from trivial. ” Id. at 301, 85 S.Ct at 382 (quoting Wickard v. Filburn, 317 U.S. 111, 127-28, 63 S.Ct. 82, 90, 87 L.Ed. 122 (1942)). Cf. Hospital Bldg. Co. v. Trustees of Rex Hosp., 425 U.S. 738, 744, 96 S.Ct. 1848, 1849-50, 48 L.Ed.2d 338 (1976) (<HOLDING>). 10 . But see Terry v. Reno, 101 F.3d 1412, Options: A. holding that physicians claim against peer review committee satisfied the interstate commerce jurisdictional requirements of the sherman act B. holding that the government can satisfy the hobbs act interstate commerce requirement by showing that the robbery resulted in the closure of a business engaged in interstate commerce C. holding that housing discrimination has a substantial effect on interstate commerce D. holding that a conspiracy against a north carolina hospital had a substantial effect on interstate commerce and hence was covered by the sherman act because it could inter alia reduce the hospitals purchases of outofstate medicines and supplies E. holding that the requisite effect on interstate commerce for a 18 usc 1951 conviction is demonstrated by inter alia evidence that restaurant robbed by defendant had often purchased food products from outofstate vendors and that the money taken by defendant would have been used to buy more food products

assistant: The best answer is D. holding that a conspiracy against a north carolina hospital had a substantial effect on interstate commerce and hence was covered by the sherman act because it could inter alia reduce the hospitals purchases of outofstate medicines and supplies
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: liability upon the owner of a motor vehicle who voluntarily entrusts that motor vehicle to an individual whose negligent operation causes damage to another.” Aurbach v. Gallina, 753 So.2d 60, 62 (Fla.2000). The appellant argues that a farm tractor is a dangerous instrumentality because the legislature defines a farm tractor as a “motor vehicle” and extensively regulates their use. This argument is without merit. Although a farm tractor meets the statutory definition of a “motor vehicle,” at least three of our sister courts have held that statutory definitions of “motor vehicle” are not controlling in determining whether a device is a dangerous instrumentality. See §§ 316.003(12) & 322.01(19), Fla. Stat. (2008); Festival Fun Parks, LLC v. Gooch, 904 So.2d 542, 545-46 (Fla. 4th DCA 2005) (<HOLDING>); Edwards v. ABC Transp. Co., 616 So.2d 142, Options: A. holding that plaintiff who slipped and fell on ice while securing cars on his employers motor vehicle carrier preparing to travel was very close to the vehicle and engaged in a task related to the vehicle and therefore was an occupier of a motor vehicle B. holding that a trailer is not a dangerous instrumentality notwithstanding the fact that it meets the statutory definition of a motor vehicle C. holding that the statutory definition of motor vehicle is not controlling D. holding that the sensible and popular understanding of what a motor vehicle accident entails necessarily involves the motor vehicle being operated as a motor vehicle E. holding that although it does not meet the statutory definition of a motor vehicle a forklift is a dangerous instrumentality

assistant: The best answer is C. holding that the statutory definition of motor vehicle is not controlling
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: “allege facts that affirmatively demonstrate the court’s jurisdiction to hear the cause.” See Tex. Ass’n. of Bus., 852 S.W.2d at 446. The purpose of a plea to the jurisdiction is to establish a reason why the merits of the plaintiffs claim should not be reached. See Bland Indep. Sch. Dist, 34 S.W.3d at 554. However, “a court deciding a plea to the jurisdiction is not required to look solely to the pleadings but may consider evidence and must do so wh of immunity from liability by the defendant, and thus fails to state a cause of action upon which the relief sought can be granted, and his claim cannot be repled to state a cause of action, the trial court should not permit repleading but should dismiss the suit. See Reata Constr. Corp. v. City of Dallas, 197 S.W.3d 371, 378 (Tex.2006) (<HOLDING>); see also Brantley, 365 S.W.3d at 94 (stating Options: A. holding that in the context of the federal tort claims act claims dismissed on sovereign immunity grounds are not dismissed for lack of jurisdiction but for the existence of a defense B. holding that the defendants were entitled to qualified immunity where the plaintiff failed to demonstrate that speech was public concern C. holding that where plaintiff reata failed to demonstrate waiver of citys immunity from liability under tort claims act plaintiffs claims were properly dismissed and plaintiff was not entitled to replead D. holding that equitable considerations did not toll the statute of limitations under the tort claims act where plaintiffs conduct was not in strict compliance with congressional waiver of immunity E. holding plaintiff must make some showing that an act giving rise to civil liability actually occurred finding plaintiff entitled to conduct discovery to learn identity of defendant where plaintiff offered evidence sufficient to demonstrate defendants committed an unlawful act

assistant: The best answer is C. holding that where plaintiff reata failed to demonstrate waiver of citys immunity from liability under tort claims act plaintiffs claims were properly dismissed and plaintiff was not entitled to replead
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 franchises are licenses to use such property. Thus, under [state] law, these franchises are interest in property, and as such are property of the estate under section 541. They are also covered by section 363, although the procedure for their transfer is delineated by section 365. Therefore, section 363(m) governs the sale of the franchises here, notwithstanding that section 365 applies to the particular mechanics of the conveyance. 141 F.3d at 498. Regal Ware acknowledges that Krebs and a line of cases following it have applied Section 363(m) to transactions labeled as “sales” of executo-ry contracts even though those contracts have been assumed and assigned under Section 365. See e.g., L.R.S.C. Co. v. Rickel Home Ctrs., Inc. (In re Rickel Home Ctrs.), 209 F.3d 291 (3d Cir.2000) (<HOLDING>). Regal Ware also acknowledges that Krebs Options: A. holding that funds held in escrow are property of the estate only to the extent of the debtors independent right to that property B. holding that the payment of a settlement from estate funds is not within the ordinary course under 363b C. holding that the debtors interest in a broadcasting license constitutes property of the estate D. holding that like executory contracts leases constituted property of the debtors estate and could be sold pursuant to sections 363b and 363m E. holding that payments to debtors counsel from a whollyowned subsidiary constituted property of the estate

assistant: The best answer is D. holding that like executory contracts leases constituted property of the debtors estate and could be sold pursuant to sections 363b and 363m
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: handles customer complaints. (Id. at 42-45). The evidence of record does not suggest that the requested position was paid a greater amount than Plaintiffs current position. Nor does the evidence of record show that such transfer would have resulted in greater prestige. See 126 S.Ct. at 2417 (noting that “the forklift operator position required more qualifications, which is an indication of prestige”). Additionally, the evidence of record does not demonstrate that such transfer would result in greater opportunities for advancement. Simply put, a reasonable person, when viewing the record before the Court, would not find that the denial of a request to transfer was materially adverse. See Craven v. Tex. Dept. of Crim. Justice, Institutional Div., 151 F.Supp.2d 757, 765-66 (N.D.Tex.2001) (<HOLDING>). Thus, the only relevant adverse employment Options: A. holding that denial of transfer request from a morning to a night shift was not adverse employment action because difference in working hours alone is not sufficient under title vii B. holding that a denial of transfer was not an adverse employment action where the plaintiff asserted only that the transfer would allow him to work closer to home C. holding an adverse employment action based on denial or revocation of a security clearance is not actionable under title vii D. holding that denial of a bonus was not an adverse employment action E. holding that denial of the opportunity to work overtime is an adverse employment action sufficient to make out a prima facie case under title vii

assistant: The best answer is A. holding that denial of transfer request from a morning to a night shift was not adverse employment action because difference in working hours alone is not sufficient under title vii
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: addition, while detaining a vehicle at a traffic safety checkpoint constitutes a “seizure,” where the checkpoint serves the public interest and does not impose an unreasonable restriction on one’s liberty, it does not violate Fourth Amendment proscriptions. Mich. Dep’t of State Police v. Sitz, 496 U.S. 444, 110 S.Ct. 2481, 110 L.Ed.2d 412 (1990); State v. Vickery, 399 S.C. 507, 732 S.E.2d 218 (Ct.App.2012). McHam did not challenge the propriety of his initial stop, so the sole focus of our inquiry is on the validity of the officer’s opening of the passenger’s side door of the vehicle McHam was driving. The parties agree that an officer may order the driver and any passengers to exit a detained vehicle without violating the Fourth Amendment. See Mimms, 434 U.S. at 109-10, 98 S.Ct. 330 (<HOLDING>); Maryland v. Wilson, 519 U.S. 408, 414-15, 117 Options: A. holding that officer may order driver out of vehicle once lawfully detained for traffic violation B. holding that once a motor vehicle has been lawfully detained for a traffic violation the police officers may order the driver to get out of the vehicle without violating the fourth amendments proscription of unreasonable searches and seizures C. holding that once a vehicle has been lawfully stopped an officer may order the driver out of the vehicle without violating the fourth amendment D. holding once a driver has been lawfully detained the police may order the driver to exit the vehicle even in the absence of unusual or suspicious behavior without violating the fourth amendments prohibition on unreasonable searches and seizures the court stated we think it too plain for argument that the states proffered justificationthe safety of the officeris both legitimate and weighty and it specifically recognized the inordinate risk confronting an officer as he approaches a person seated in an automobile E. holding that a police officer may as a matter of course order the driver of a lawfully stopped car to exit his vehicle

assistant: The best answer is D. holding once a driver has been lawfully detained the police may order the driver to exit the vehicle even in the absence of unusual or suspicious behavior without violating the fourth amendments prohibition on unreasonable searches and seizures the court stated we think it too plain for argument that the states proffered justificationthe safety of the officeris both legitimate and weighty and it specifically recognized the inordinate risk confronting an officer as he approaches a person seated in an automobile
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: References in this Amendment to any Article or Section are, unless otherwise specified, to such Article or Section of this Amendment. Headings and captions used in this Amendment are included for convenience of reference only and shall not be given any substantive effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: commission of a tortious act within this state[.] Ill.Rev.Stat. ch. 110, para. 2-209(a). A cause of action for copyright infringement sounds in tort. Leo Feist, Inc. v. Young, 138 F.2d 972, 975 (7th Cir.1943); Burwood Products Company v. Marsel Mirror and Glass Products, Inc., 468 F.Supp. 1215, 1218 (N.D.Ill.1979); see also Video Views, Inc. v. Studio 21, Ltd., 925 F.2d 1010, 1013 (7th Cir.1991) (dictum). With respect to the issue of whether an allegedly tortious act was committed “within [Illinois]”, another court in this district has observed that “[d]amage to intellectual property rights ... by definition takes place where the [property] owner suffers the damage.” Acrison, Inc. v. Control and Metering, Ltd., 730 F.Supp. 1445, 1448 (N.D.Ill.1990) (Shadur, J.) (emphasis in original) (<HOLDING>). This court agrees with the Acrison court’s Options: A. holding there was no personal jurisdiction over nonresident guarantor of equipment lease although payments were made to illinois bank the guaranty was accepted in illinois and it provided that it would be gov erned by illinois law B. holding that illinois wage law did not apply to nonresident employee who worked outside the state even though eim ployers primary place of business was in illinois C. holding that foreign corporation was not doing business in illinois and thus personal jurisdiction was lacking even though corporation had some contact with the state and maintained a registered agent here because tjhere is nothing in the illinois code of civil procedure that supports asserting in personam jurisdiction over a corporate defendant simply because the plaintiff served summons upon the defendants illinois registered agent D. holding that court did not have personal jurisdiction pursuant to 2209a2 over a defendant who was not transacting business in illinois within the meaning of 2209al because the plaintiff was a nonillinois corporation and the tort thus occurred outside of illinois E. holding that court did not have personal jurisdiction over nonresident defendant because plaintiff failed to show that defendant was assignee of assignor over whom court had personal jurisdiction

assistant: The best answer is D. holding that court did not have personal jurisdiction pursuant to 2209a2 over a defendant who was not transacting business in illinois within the meaning of 2209al because the plaintiff was a nonillinois corporation and the tort thus occurred outside of illinois
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the service contains content specifically provided by vivino or its partners and such content is protected by copyrights , trademarks , service marks , patents , trade secrets or other proprietary rights and laws , as applicable .

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: Buyer’s rights under this Agreement, the assets it shall use to acquire the Property and, upon its acquisition by Buyer, the Property itself, do not and shall not constitute plan assets within the meaning of 29 C.F.R. §2510.3-101, and Buyer is not a “governmental plan” within the meaning of section 3(32) of the Employee Retirement Income Security Act of 1974, as amended, and the execution of this Agreement and the purchase of the Property by Buyer is not subject to state statutes regulating investments of and fiduciary obligations with respect to governmental plans.

assistant: Erisa
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: except as expressly permitted by applicable law or authorized by under armour , you agree not to modify , rent , lease , loan , sell , distribute , or create derivative works based on the services , the services ' software , or any ua content offered as part of the services ( other than user-generated content ) , in whole or in part .

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: second accident. [21] Having concluded that the court abused its discretion in refusing to permit State Farm to question Woodgett regarding the second accident, we must now address whether this error was inconsistent with substantial justice. We conclude that it was. This exclusion went to the heart of the matter that the jury was asked to decide—the extent to which Woodgett’s accident with Storms caused the headaches experienced by Woodgett and, in particular, the severe migraine headaches. Conclusion [22] The court abused its discretion when it excluded evidence of a second automobile accident involving Woodgett, which was inconsistent with substantial justice. We reverse the court’s judgment and remand for proceedings consistent with this opinion. See Armstrong, 871 N.E.2d at 296 (<HOLDING>). [23] For the foregoing reasons, we reverse Options: A. holding that a cause of action on the theory of strict liability may be properly pled by alleging 1 the manufacturers relationship to the product in question 2 the unreasonably dangerous condition of the product and 3 the existence of a proximate causal connection between the condition of the product and the plaintiffs injury B. holding that the commission reasonably interpreted the statute as requiring it to assess the condition of the industry as a whole C. holding that a logical nexus between the injury sued upon and an unre lated prior condition satisfied the rondinelli test requiring only the possibility that the plaintiffs claimed damages in whole or in part resulted from a condition or event unrelated to the defendants negligence D. holding that when the evidence shows that the railroad customarily does not enforce a safety rule the jury is entitled to consider whether that custom constituted negligence and whether it caused in whole or in part the plaintiffs injury E. holding that when a possessor knows that a dangerous condition frequently reoccurs plaintiffs had a right to go to the jury on the issue of defendants negligence even where plaintiffs could not show how long the condition remained on the stairs

assistant: The best answer is C. holding that a logical nexus between the injury sued upon and an unre lated prior condition satisfied the rondinelli test requiring only the possibility that the plaintiffs claimed damages in whole or in part resulted from a condition or event unrelated to the defendants negligence
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 when plain error is evident from the record) (internal quotation marks omitted). AFFIRMED. * Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. 1 . Defendant-Appellee Jim Gillman was, at all relevant times, a law enforcement officer employed by the Texas Department of Public Safety ("TDPS”). In addition to his employment with the TDPS, Gillman was privately employed by the Cloisters Condominium Association as a courtesy officer. Although Gillman was off-duty at the time of the altercation, he is nonetheless entitled to qualified immunity as a public official. See Moore v. Wal-Mart Stores, Inc., 62 F.3d 394, 1995 WL 449901, *2 (5th Cir.1995) (<HOLDING>). Furthermore, neither party nor the district Options: A. holding that when an offduty police officer working as a security guard saw a crime being committed he ceased being an employee or independent contractor and became an onduty police officer B. holding chief of police an executive officer because a member of the executive branch and an officer C. holding that under the mwa the question of whether an employee was an independent contractor or an employee was a question of statutory interpretation D. holding police officer is a public official E. holding that being stopped by police being interrogated and being forced to the back of ration lines constituted harassment

assistant: The best answer is A. holding that when an offduty police officer working as a security guard saw a crime being committed he ceased being an employee or independent contractor and became an onduty police officer
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as disclosed in the INVU SEC Documents, there is no outstanding order, judgment, injunction, award or decree of any court, governmental or regulatory body or arbitration tribunal against or involving INVU. Except as disclosed in the INVU SEC Documents, there is no action, suit or proceeding pending or threatened, or any investigation or proceeding, at law or in equity, before any arbitrator, court or other governmental authority, pending or threatened, nor any judgment, decree, injunction, award or order outstanding, against or in any manner involving INVU or its respective properties or rights which (a) could reasonably be expected to have a Material Adverse Effect on INVU, or (b) could reasonably be expected to have a Material Adverse Effect on the consummation of any of the transactions contemplated by this Agreement. There is no fact, event or circumstances that may give rise to any suit, action, claim, investigation or proceeding.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company hereby employs Employee for an undefined term in the position of General Manager / Gerente General , commencing on the Effective Date and to perform such services and duties locally as are consistent with such position. Employee shall be based in Costa Rica during the Employment. Employee hereby accepts such employment. During the term of his employment hereunder (the “Employment Term”), Employee shall devote his time, attention, knowledge and skills faithfully, diligently and to the best of his ability to perform his duties hereunder, and Employee shall not engage in any venture or activity which materially interferes with Employee’s performance of his duties hereunder. The Employee shall also comply with the confidentiality terms and additional conditions within the present contract and Employee undertakes and agrees to comply fully with such additional obligations.

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: Any failure of Seller, on the one hand, or Buyer, on the other hand, to comply with any obligation, covenant, agreement or condition herein may be waived by Buyer, on the one hand, or Seller, on the other hand, only by a written instrument signed by the Party granting such waiver, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Whenever this Agreement requires or permits consent by or on behalf of any Party hereto, such consent shall be given in writing in a manner consistent with the requirements for a waiver of compliance as set forth in this Section 7.6.

assistant: Consents
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: Macrina does not advance a charitable purpose because it does not operate at a loss. Specifically, the Board argues that, because Mt. Macrina’s revenues were in excess of its expenses for the years 1994 and 1995, it achieved a “profit” or a pecuniary gain. It is well established that accepting Medicaid or Medicare payments is not the “equivalent of conducting a business for profit. The decision to accept Medicaid [or Medicare] payments to help defray the cost of care for residents is perfectly consistent with a finding that the nursing home advances a charitable purpose.” St. Margaret Seneca Place v. Board of Property Assessment, Appeals and Review, 536 Pa. 478, 483, 640 A.2d 380, 382-83 (1994); see Couriers-Susquehanna, Inc. v. County of Dauphin, 165 Pa.Cmwlth. 192, 645 A.2d 290 (1994)(<HOLDING>). In West Allegheny Hospital v. Board of Options: A. holding that a nursing home violated 48325c in part because it failed to provide a pressure relief mattress that had already been identified as needed in the residents care plan B. holding that it is plain error for a trial court to require a defendant to pay courtappointed attorney fees in the absence of legally sufficient evidence that defendant has the ability to pay the amount imposed C. holding that promises city made to pay annual step increases did not result in contractual obligation and municipalities retain ability to change compensation and benefits provided to employees D. holding that couriers a nonprofit nursing home was held to advance a charitable purpose because it provided care in a nondiscriminatory manner without regard for ability to pay and did not expect to make a profit E. holding that father being held in jail based on presumption of ability to comply could not have been incarcerated for civil contempt of child support order after failing to appear at contempt hearing without affirmative finding based on evidence that he had present ability to pay purge amount

assistant: The best answer is D. holding that couriers a nonprofit nursing home was held to advance a charitable purpose because it provided care in a nondiscriminatory manner without regard for ability to pay and did not expect to make a profit
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: immediately. Officer Mon-get then drew his gun, ordered Defendant to lie down on the ground, and, when Defendant complied, handcuffed Defendant before standing him up to conduct a protective search. Defendant argues that the force used by Officer Monget was excessive under the circumstances. We disagree. “Where there is reason for the officers to fear for their safety, they may unholster their guns and use reasonable force in effectuating the stop without such action automatically constituting an arrest.” State v. Lovato, 112 N.M. 517, 522, 817 P.2d 251, 256 (Ct.App.1991). Officer Monget was investigating a burglary, an inherently dangerous crime for which officers may assume that a suspect is likely to be armed. See State v. Cobbs, 103 N.M. 623, 630, 711 P.2d 900, 907 (Ct.App.1985) (<HOLDING>). Although there were several officers on the Options: A. holding that possession of burglary tools is an offense separate from burglary B. holding that iowa burglary is not categorical burglary as the elements of iowa burglary law are broader than those of generic burglary C. holding that virginia burglary statute comes within definition of generic burglary D. holding that the police have an automatic right to conduct a protective search of a burglary suspect because burglary is a crime for which an offender would likely be armed E. holding that the defendants sentence for armed burglary in violation of section 810022b was improperly enhanced pursuant to section 775087 because the use of a weapon or a firearm is an essential element of armed burglary

assistant: The best answer is D. holding that the police have an automatic right to conduct a protective search of a burglary suspect because burglary is a crime for which an offender would likely be armed