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: Each of the Senior Lien Agent and the Junior Lien Agent is hereby authorized to demand specific performance of this Agreement, whether or not the Borrowers or any Guarantor shall have complied with any of the provisions of any of the Credit Documents, at any time when the other Party shall have failed to comply with any of the provisions of this Agreement applicable to it. Each of the Senior Lien Agent, for and on behalf of itself and the Senior Lien Secured Parties, and the Junior Lien Agent, for and on behalf of itself and the Junior Lien Secured Parties, hereby irrevocably waives any defense based on the adequacy of a remedy at law that might be asserted as a bar to such remedy of specific performance.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: plan administrator seeking recovery of plan benefits). Similarly, those cases in which the state law claim involves “some aspect of the distribution, processing or entitlement of benefits or administration of claims or funds under a[n] [ERISA] plan[,]” typically are determined to be preempted by federal law. Hollingsworth Paving, 929 F.Supp. at 1101; see also Metropolitan Life Ins. Co. v. Pressley, 82 F.3d 126, 129 (6th Cir.1996), cert. denied sub nom. Pressley v. Pressley, 520 U.S. 1263, 117 S.Ct. 2431, 138 L.Ed.2d 193 (1997) (commenting that state laws relating to designation of beneficiaries are preempted when an ERISA plan is involved); Tri-State Mach., Inc. v. Nationwide Life Ins. Co., 33 F.3d 309 (4th Cir.1994), cert. denied, 513 U.S. 1183, 115 S.Ct. 1175, 130 L.Ed.2d 1128 (1995) (<HOLDING>). In addition to the nature of the claim, the Options: A. holding that state law causes of action arising from improper processing of a claim for benefits are preempted B. holding that the plaintiffs state law claims are preempted by federal law C. holding that erisa completely preempted certain state law claims and finding that erisa preempted an employees common law tort and contract claim when the employee sought benefits under the employers disability policy D. holding that erisa preempted state law claim brought by employer against insurance company for wrongful claims processing E. holding the state law claims were not preempted

assistant: The best answer is D. holding that erisa preempted state law claim brought by employer against insurance company for wrongful claims processing
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: contracts. We hold that Act No. 26 substantially impairs the contractual relationship by mandating that all CGL policies be legislatively amended to include a new statutory definition of occurrence and by applying this mandate retroactively. While the dissent believes the new provision merely clarifies existing law, we find the statute fundamentally changes the definition of occurrence. In Newman, this Court suggested “that a CGL policy may provide coverage where faulty workmanship causes third party bodily injury or damage to other property besides the defective work product” leaving open the possibility there may be instances where coverage might not be provided. 385 S.C. at 193, 684 S.E.2d at 544 (emphasis added); see also Crossmann, 395 S.C. at 50 n. 6, 717 S.E.2d at 594 n. 6 (<HOLDING>). In doing so, Newman examined the interaction Options: A. holding that our use of the subjunctive in mentioning an argument in passing suggests that we knew that we were not addressing and that we could not address that argument B. holding we elect to adhere to our precedent in newman C. holding that we must first determine our jurisdiction before proceeding to the merits of the appeal D. holding that tgiven that our burden in reviewing and correcting the error is minimal and that sentencing defendant according to the law serves the ends of justice we elect to exercise our discretion to correct the error here E. recognizing that we may not substitute our judgment for that of the alj

assistant: The best answer is B. holding we elect to adhere to our precedent in newman
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall have paid to the Agent on the Sixth Amendment Effective Date all reasonable and documented fees, out-of-pocket costs and expenses of the Agent incurred in connection with this Amendment, any other documents prepared in connection herewith and the transactions contemplated hereby, including, without limitation, the reasonable fees, charges and disbursements of Davis Polk & Wardwell LLP, counsel for the Agent.

assistant: Expenses
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 and Lenders hereby agree, from time to time, as and when requested by another party, to execute and deliver or cause to be executed and delivered, all such documents, instruments and agreements, including secretary’s certificates, stock powers and transfer agent instructions, and to take or cause to be taken such further or other action, as such party may reasonably deem necessary or desirable in order to carry out the intent and purposes of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall bind all parties, their respective heirs, executors, administrators, successors and assigns, but nothing contained herein shall be construed as an authorization or right of Executive to assign his rights or obligations hereunder.

assistant: Assignments
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: proviso would be surplusage. In this regard, the Authority explains that the Statutory Construction Act already prioritizes specific statutory provisions (such as a conferral of the power to prescribe taxicab regulations under Section 5722) over more general ones (i.e., any other statutes concerning the power to adopt regulations). Moreover, according the Authority, there simply are no statutory provisions conflicting with the Commonwealth Court’s interpretation of Section 5722, thus rendering the notwithstanding-other-law term devoid of meaning and impossible to execute, again, were the court’s understanding of Section 508 to prevail. See 1 Pa.C.S. §§ 1921(a), 1922(1), (2). The Authority references City of Philadelphia v. Clement & Muller, Inc., 552 Pa. 317, 715 A.2d 397 (1998) (<HOLDING>), as an example of a decision in which this Options: A. holding that plain meaning of legislation should be conclusive B. recognizing that plain meaning does not control where context shows that the parties have assigned an unusual meaning to a term C. holding that court of appeals erred in relying on the plain meaning of a statute when the legislative history clearly indicated another meaning D. holding that a statute should where possible be construed according to its plain meaning and as a whole giving meaning to all its parts E. holding that the meaning of a notwithstandingotherlaw proviso was straightforward in reinforcing the plain meaning of the legislative prescription to which it was attached

assistant: The best answer is E. holding that the meaning of a notwithstandingotherlaw proviso was straightforward in reinforcing the plain meaning of the legislative prescription to which it was attached
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by the Borrower, the Subsidiary Guarantor and each Designated Borrower of each Loan Document to which such Person is party, have been duly authorized by all necessary corporate action, and do not and will not contravene (a) the terms of any of the Borrower’s, the Subsidiary Guarantor’s or any Designated Borrower’s Organizational Documents or (b) any Law or any material contractual restriction binding on or affecting it, except, in each case referred to in clause (b), to the extent such contravention could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW THAT WOULD RESULT IN THE APPLICATION OF LAW OTHER THAN LAW OF THE STATE OF NEW YORK. EXCEPT AS SPECIFICALLY PROVIDED IN THE DEFINITION OF “CONSUMER PRICE INDEX,” EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK AND THE UNITED STATES DISTRICT COURT FOR ANY DISTRICT WITHIN SUCH STATE FOR THE PURPOSE OF ANY ACTION OR JUDGMENT RELATING TO OR ARISING OUT OF THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY AND TO THE LAYING OF VENUE IN SUCH COURT.

assistant: Governing Laws
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: party’s evidence must be more than “mere reargument of [his] case or a denial of an opponent’s allegation” or it will be disregarded). The Court therefore finds that Plaintiff has not met the second element by providing evidence which creates a genuine issue of material fact that the statements made were false. See Harper, 837 F.Supp.2d at 1223-24 (finding a genuine issue of material fact only where the plaintiff provided evidence on which a reasonable juror could conclude that the statements made were false). Mere assertions of false statements which impugn an individual’s reputation are insufficient, standing alone, to create a triable issue regarding a Fourteenth Amendment liberty interest claim. See Stidham v. Peace Officer Standards & Training, 265 F.3d 1144, 1153 (10th Cir.2001) (<HOLDING>). Accordingly, the Court finds that entry of Options: A. holding that conduct actionable as state claim for defamation does not rise to level of liberty deprivation simply because government officials are involved B. holding that defamation standing alone is not sufficient to establish a claim for deprivation of a liberty interest citations omitted C. holding that a defamation claim is a personal injury tort claim D. holding that merely declining to rehire a person did not constitute defamation for deprivation of liberty interest purposes absent any charges against the good name or reputation of that person E. holding that defamation by a state official alone does not violate a liberty interest of a plaintiff absent the alteration or extinguishment of a right or status previously recognized by state law

assistant: The best answer is B. holding that defamation standing alone is not sufficient to establish a claim for deprivation of a liberty interest citations omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and its subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and its subsidiaries are engaged. The Company and its subsidiaries will continue to maintain such insurance or substantially similar i nsurance, which covers the same risks at the same levels as the existing insurance with insurers which guarantee the same financial responsibility as the current insurers, and neither the Company nor any subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

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: The execution and delivery by the Borrowers of this Amendment and the performance by the Borrowers of this Amendment and the Term Loan Agreement, as amended by this Amendment, in accordance with their respective terms, do not and will not, by the passage of time, the giving of notice or otherwise: (i) require any Government Approvals or other consents, licenses or approvals that have not been obtained, or violate any Applicable Laws relating to any Borrower; (ii) conflict with, result in a breach of or constitute a default under any Borrower’s articles of incorporation or by-laws or any indenture, agreement or other instrument to which the Borrowers are a party or by which the Borrowers or any of their respective properties may be bound; or (iii) result in or require the creation or imposition of any Lien upon or with respect to any property now owned or hereafter acquired by the Borrowers. The Borrowers and each of the Borrowers’ Subsidiaries are in compliance in all material respects with the requirements of all Laws and all orders, writs, injunctions and decrees applicable to it or to its properties, except in such instances in which (a) such requirement of Law or order, writ, injunction or decree is being contested in good faith by appropriate proceedings diligently conducted or (b) the failure to comply therewith, either individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect.

assistant: Compliance With Laws
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 otherwise required by law, legal process or stock exchange rules, neither Party shall issue any press release or make any public announcement or disclosure related to the Agreement or the transactions contemplated hereunder without the prior agreement of the other Party, including with respect to the content of such release, announcement or disclosure (and, with respect in any legally required announcement, DNP and the Company shall use all reasonable efforts to consult and agree with each other with respect to the content of any such required press release or other publicity).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement, the Incremental and Amendment and Restatement Agreement or the other Loan Documents is held to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement, the Incremental and Amendment and Restatement Agreement and the other Loan Documents shall not be affected or impaired thereby. The invalidity of a provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: ¶ 19(b) (emphasis added). In other words, the provision describes circumstances in which Papa John’s may lawfully terminate at its election. Although Defendants did receive three notices of material violations of the agreement within a year under subsection (vii), Papa John’s apparently never mailed a termination notice. Here, Papa John’s had not provided actual notice of termination as the provision requires and thus has not made the required contractual election. The cases cited by Papa John’s concern circumstances in which the franchise agreements were lawfully terminated, and the franchisee continued to use the registered trademark or copyright post-termination without the franchisor’s consent. See U.S. Structures, Inc. v. J.P. Structures, Inc., 130 F.3d 1185, 1190 (6th Cir.1997) (<HOLDING>); Hawkins Pro-Cuts, Inc. v. DJT Hair, Inc., Options: A. holding that proof of unauthorized use of an original trademark by one whose license to use the trademark had been terminated is sufficient to establish the likelihood of confusion prong B. holding that the defendants reference to the plaintiffs trademark in the metatags of the defendants web page was a violation of trademark law C. holding that trademark infringement under michigan common law is governed by the likelihood of confusion standard D. holding that although the underlying action is one for trademark infringement the infringement occurred as a result of the underlying defendants use of the trademark in their advertising E. holding that the continued use of licensed trademark after termination of franchise agreement constituted trademark infringement and breach of contract

assistant: The best answer is A. holding that proof of unauthorized use of an original trademark by one whose license to use the trademark had been terminated is sufficient to establish the likelihood of confusion prong
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, the insured, or her or his insurance agent, upon written request of the claimant or the claimant’s attorney, shall disclose the name and coverage of each known insurer to the claimant and shall forward such request for information as required by this subsection to all affected insurers. The insurer shall then supply the information required in this subsection to the claimant within 30 days of receipt of such request. Fla. Stat. § 627.4137(1) (emphasis added). 2 . No Florida court has squarely addressed whether Fla. Stat. § 627.4137(1) imposes a duty on the insurer to provide information pertaining to other potential insurers when the request is sent directly to the insurer and not the insured. See GEICO v. Florida Emergency Physicians, 972 So.2d 966, 969 (Fla. 5th DCA 2007) (<HOLDING>); Schlosser v. Perez, 832 So.2d 179 (Fla. 2d Options: A. holding that the constitution does not require the government to disclose impeachment evidence prior to entering a plea agreement with a criminal defendant B. holding that the language of 9133 applies only to insurers and not to the insurers employees C. holding that the appropriate sanction was to require the defendant to disclose the nature of the agreement with the witness D. holding only that the statute does not require insurers to disclose payment logs E. holding that the employer was not the insurers agent

assistant: The best answer is D. holding only that the statute does not require insurers to disclose payment logs
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If (a) you violate any of the terms of this Agreement, or (b) you violate the NCR Code of Conduct before the expiration of the period to revoke your acceptance of this Agreement, or (c) if NCR terminates your employment for “Cause” as defined in the Executive Severance Plan, then in each case, in addition to all other remedies NCR may have at law or in equity, you agree to promptly upon notice reimburse NCR the Separation Pay in the full amount in which it has been paid, including the amount of any taxes or other items withheld with respect to any of the foregoing amounts to the extent NCR cannot otherwise recover such amounts. You acknowledge that a violation or termination specified in this Section 6 shall cause you to forfeit any unpaid Separation Pay, EPP payments, equity awards and other benefits under this Agreement. NCR’s remedies for a violation or termination specified in this Section 6 shall also include but shall not be limited to (i) all remedies set forth in Section 9 hereof, (ii) all remedies set forth in the Award Agreements and the Programs, and (iii) all other remedies available at law or equity.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in calculating the reduction of state workers’ compensation benefits advances the legislature’s intent to reduce the state’s compensation burden by taking advantage of the workers’ compensation government benefits offset to its fullest extent. Accordingly, we hold that SSDI child’s benefits are to be included when calculating the amount of the reduction in an employer’s payment of workers’ compensation benefits under Minn.Stat. § 176.101, subd. 4. II. The Fund makes the argument that the WCCA exceeded its authority in examining the Social Security Act. The WCCA’s jurisdiction does not extend to interpreting or applying legislation designed specially for the handling of claims outside the workers’ compensation system. Taft v. Advance United Expressways, 464 N.W.2d 725, 727 (Minn.1991) (<HOLDING>). In that Minn.Stat. § 176.101, subd. 4, is a Options: A. holding that the primary goal when interpreting an insurance contract is to ascertain the intent of the parties as manifested by the language of the specific insurance policy B. holding that under minnesota law an insurance policy or provision not filed with the commissioner of insurance is unenforceable C. holding that the tucker acts waiver of sovereign immunity for contract claims does not extend to claims for contracts implied in law D. holding that the tucker acts waiver does not extend to statutory claims E. holding that the jurisdiction of the wcca did not extend to interpreting or applying the law related to claims against the minnesota insurance guaranty association

assistant: The best answer is E. holding that the jurisdiction of the wcca did not extend to interpreting or applying the law related to claims against the minnesota insurance guaranty association
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 test in Wisconsin Right to Life is not vague, then neither is § 100.22(b). Fourth and finally, Real Truth argues that § 100.22(b) is vague because the district court and the Commission disagreed as to whether Real Truth’s “Change” ad was the functional equivalent of express advocacy. But this fact proves little because cases that fall close to the line will inevitably arise when applying § 100.22(b). This kind of difficulty is simply inherent in any kind of standards-based test. Cf. United States v. Williams, 553 U.S. 285, 306, 128 S.Ct. 1830, 170 L.Ed.2d 650 (2008) (“Close cases can be imagined under virtually any statute. The problem that poses is [not] addressed ... by the doctrine of vagueness”); United States v. Wurzbach, 280 U.S. 396, 399, 50 S.Ct. 167, 74 L.Ed. 508 (1930) (<HOLDING>). If anything, the disagreement to which Real Options: A. holding 750337 facially vague B. holding that person challenging statute as facially vague must show that the challenged law is unconstitutional in every possible application C. holding that a proposed termination is the very type of discrete act identified as separate actionable unlawful employment practices D. holding that there is no serious argument that the especially heinous cruel or depraved aggravating factor is not facially vague E. holding that the federal corrupt practices act was not facially vague because wherever the law draws a line there will be cases very near each other on opposite sides

assistant: The best answer is E. holding that the federal corrupt practices act was not facially vague because wherever the law draws a line there will be cases very near each other on opposite sides
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be 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: Antigen Express shall keep complete and accurate records pertaining to its use and disposition of Merck Compound (including its storage, shipping (cold chain) and chain of custody activities) and, upon request of Merck, shall make such records open to review by Merck for the purpose of conducting investigations for the determination of Merck Compound safety and/or efficacy and Antigen Express’ compliance with this Agreement with respect to the Merck Compound.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Lender shall have received all fees required to be paid, and all expenses required to be reimbursed for which invoices have been presented (including the reasonable fees and expenses of legal counsel), on or before the Effective Date. All such amounts will be paid with proceeds of Loans made on the Effective Date and will be reflected in the funding instructions given by the Borrower to the Lender on or before the Effective Date.

assistant: Fees
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: after hearing testimony from K.J. and K.S.'s mother. As a result of this violation of probation, on June 18, 2003, the juvenile court granted wardship of K.S. to the- DOC for a recommended period of six months. K.S. now appeals. Analysis K.S.'s argument is that the juvenile court never. properly obtained jurisdiction during the entirety of these proceedings because it failed to strictly follow the statutory prerequisites for obtaining jurisdiction at the time of the original delinquency filing in May 2002. . Indiana courts have held for many years that strict compliance with the statutory prerequisites for obtaining jurisdiction at the commencement of delinquency proceedings is required of juvenile courts. See, eg., Shupe v. Bell, 127 Ind.App. 292, 300-01, 141 N.RE.2d 351, 355 (1957) (<HOLDING>) (emphasis added). The statutes governing the Options: A. holding that judicial review is not available of the governments certification under 18 usc 5032 as required to initiate a juvenile delinquency proceeding that inter alia an appropriate court of a state does not have available programs and services adequate for the needs of juveniles B. holding juvenile court under statutes then in effect could not acquire jurisdiction in delinquency proceeding in the absence of a delinquency petition filed by the probation officer under an order of the court authorizing the same C. holding that a delinquency proceeding places a juvenile in jeopardy for purposes of the double jeopardy clause D. holding that youth in juvenile delinquency proceeding was not entitled to a jury trial on the issue of restitution under ors 419c450 E. holding that the order of the juvenile court authorizing the filing of a delinquency petition is one of the essential documents needed when considering a challenge to juvenile jurisdiction

assistant: The best answer is B. holding juvenile court under statutes then in effect could not acquire jurisdiction in delinquency proceeding in the absence of a delinquency petition filed by the probation officer under an order of the court authorizing the same
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: completely akin to that of Chapman. Given the cireumstantial nature of the evidence relied upon for Watkins' convictions (see infra.), there remains the double jeopardy question of whether it is reasonably possible that the jury relied on Watkins' possession of the knife recovered from his apartment to support the essential elements of the Murder charge and the "armed with a deadly weapon" element that was included in Watkins' Class A Robbery charge, and remained a requisite element of his Class B conviction. Howeyver, given the forensic evidence presented at trial and the language of the trial court's final instructions, we hold that it was not reasonably possible that the same actual evidence, namely the recovered knife, was relied on to arrive at the Class B robbery elemen .1999) (<HOLDING>). The only question that remained was whether Options: A. holding more generally that a verdict may be sustained based on circumstantial evidence alone if that cireumstantial evidence supports a reasonable inference of guilt B. recognizing that circumstantial evidence alone can be sufficient to demonstrate a defendants guilt C. holding that the verdict must be sustained if there is any competent evidence to support the verdict D. holding that a jury verdict will be sustained on any reasonable theory based on the evidence E. holding that circumstantial evidence alone may establish discriminatory intent

assistant: The best answer is A. holding more generally that a verdict may be sustained based on circumstantial evidence alone if that cireumstantial evidence supports a reasonable inference of guilt
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither this Agreement nor any of the other Loan Documents may be amended or terms or provisions hereof or thereof waived unless such amendment or waiver is in writing and signed by Bank and Borrower. In the event any governmental regulatory authority with jurisdiction over Bank requires Bank to amend this Agreement for any reason, Bank and Borrower shall negotiate, in good faith, to amend this Agreement to satisfy such government regulatory authority’s requirements. It is expressly agreed and understood that the failure by Bank to elect to accelerate amounts outstanding hereunder or to terminate the obligation of Bank to make Loans hereunder shall not constitute an amendment or waiver of any term or provision of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Loan Documents are not subject to any right of rescission, set-off, counterclaim or defense by Borrower or Guarantor, including the defense of usury, nor would the operation of any of the terms of the Loan Documents, or the exercise of any right thereunder, render the Loan Documents unenforceable (subject to principles of equity and bankruptcy, insolvency and other laws generally affecting creditors’ rights and the enforcement of debtors’ obligations), and neither Borrower nor Guarantor has asserted any right of rescission, set-off, counterclaim or defense with respect thereto.

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: encompasses the scenario in which a party does not directly destroy evidence known to be relevant and discoverable, but nonetheless “allows for its destruction.” Hebl, Spoliation of Electronically Stored Information, Good Faith, and Rule 37(e), 29 N. III. U.L.Rev. at 97-98. Accordingly, we hold that a trial court’s finding of intentional spoliation pursuant to the analysis set forth above is a necessary predicate to the proper submission of a spoliation instruction to the jury. In the event the trial court makes such a finding and concludes, as with any sanction, that a lesser remedy would be insufficient to ameliorate the prejudice caused by the spoliating party’s conduct, the trial court is within its discretion in submitting an instruction. See Trans-American, 811 S.W.2d at 917 (<HOLDING>); Cire, 134 S.W.3d at 842 (holding that the Options: A. holding that to constitute persecution harm must be more than harassment B. holding that the court had no power to sanction conduct that occurred in an arbitration C. holding that because a discovery sanction should be no more severe than necessary to satisfy its legitimate purposes the trial court must determine that lesser sanctions constitute an insufficient remedy D. holding that to grant a new trial the error must be more than harmless E. holding that discovery sanctions so severe they prevent a trial on the merits are warranted only where the record reflects a partys flagrant bad faith or counsels callous disregard for the discovery rules

assistant: The best answer is C. holding that because a discovery sanction should be no more severe than necessary to satisfy its legitimate purposes the trial court must determine that lesser sanctions constitute an insufficient remedy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: hearsay on the unavailability of the declarant and the defendant’s prior opportunity to cross-examine. Crawford, 541 U.S. at 68,124 S.Ct. 1354. Relying on Crawford, this court held in Johnson v. State, 929 So.2d 4 (Fla. 2d DCA 2005), review granted, 924 So.2d 810 (Fla.2006), that an FDLE lab report prepared pursuant to police investigation and offered to establish an element of a crime was testimonial hearsay and inadmissible in the absence of establishing the Crawford conditions. We rejected the State’s argument that the report should be admitted under the business record exception to the hearsay rule and certified the question to the Florida Supreme Court, Johnson, 929 So.2d at 8-9; see also Belvin v. State, 922 So.2d 1046 (Fla. 4th DCA), review granted, 928 So.2d 336 (Fla.2006) (<HOLDING>). In this case, we decline the State’s Options: A. holding en banc that the portions of the breath test affidavit pertaining to the technicians procedures and observations constitute testimonial evidence and were inadmissible under crawford B. holding affidavit insufficient to support probable cause when one cannot learn from the affidavit when the past activities occurred and when the observations were made C. holding that any error in admitting results of breath test through admission of breathalyzers certificate of inspection which defendant claimed constituted inadmissible testimonial hearsay was harmless when the jury acquitted defendant of driving under the influence with an unlawful bloodalcohol concentration D. holding that there was sufficient probable cause for the defendants dui arrest when the evidence showed that the officer smelled the odor of alcohol on the defendants breath the defendants eyes were bloodshot and watery and his breath test was positive for alcohol E. holding 1 that administering a breath test is not a critical stage of the proceedings to which a sixth amendment right to counsel attaches and 2 that the results of a breath test are physical evidence not testimonial and thus no fifth amendment right to counsel attaches

assistant: The best answer is A. holding en banc that the portions of the breath test affidavit pertaining to the technicians procedures and observations constitute testimonial evidence and were inadmissible under crawford
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 Defendants, therefore, terminated her employment without notice and an opportunity to be heard. A § 1983 claim for deprivation of procedural due process has three elements: “(1) a deprivation of a constitutionally-protected liberty or property interest; (2) state action; and (3) constitutionally-inadequate process.” Grayden v. Rhodes, 345 F.3d 1225, 1232 (11th Cir.2003). Thus, the Due Process Clause protects one’s job only where one has a property right in that job. Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 541, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985). Defendants do not dispute that Plaintiff was a non-probationary employee in Alabama’s classified service and, therefore, had a property interest in her position. See Ex parte Moulton, 116 So.3d 1119, 1133-35 (Ala.2013) (<HOLDING>) (quoting Bd. of Regents v. Roth, 408 U.S. 564, Options: A. recognizing that plaintiff can bring action under due process clause of state constitution B. holding that the due process clause protects only those liberty interests created by the state C. holding that a state agency created under state law was a state actor D. holding that whether children are legitimate for purposes of entitlement to insurance benefits is determined by state law E. holding that the federal due process clause protects a state employee who under state law has a legitimate claim of entitlement to state employment

assistant: The best answer is E. holding that the federal due process clause protects a state employee who under state law has a legitimate claim of entitlement to state 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: Due to the personal nature of the services to be rendered by Adviser, he may not assign this Advisory Engagement Agreement. The Company may assign all rights and liabilities under this Advisory Engagement Agreement to a subsidiary or an affiliate or to a successor to all or a substantial part of its business and assets without the consent of Adviser. Subject to the foregoing, this Advisory Engagement Agreement will inure to the benefit of and be binding upon each of the heirs, assigns, and successors of the respective parties.

assistant: Assignments
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: limit our review to the six issues outlined in the district court’s COA. See Murray, 145 F.3d at 1251. III. After his appeal was filed in this Court, indeed after briefing was complete and an oral argument date had been scheduled, Petitioner asked us to stay consideration of the case pending resolution of a motion he filed in state court on September 2, 2005. The state court motion seeks post-conviction relief on the ground that Maharaj’s rights under the Vienna Convention were violated when the arresting officers failed to inform him that he could contact the British consulate. Although the claim was previously presented in the state post-conviction proceedings, it was never considered on the merits because Maharaj failed to raise it on direct appeal. See Maharaj III, 778 So.2d at 959 (<HOLDING>). Rarely are we asked to stay appellate Options: A. holding that the convention claim was procedurally defaulted B. holding that petitioner did not procedurally default his ineffective assistance of counsel claim by failing to raise it on direct appeal C. holding that because maharaj did not raise the vienna convention claim on direct appeal florida law procedurally barred him from doing so in postconviction proceedings D. holding that a caldwell claim is procedurally barred if it is not raised on direct appeal E. holding that the caldwell claim is procedurally barred because it could have been raised on direct appeal but was not

assistant: The best answer is C. holding that because maharaj did not raise the vienna convention claim on direct appeal florida law procedurally barred him from doing so in postconviction proceedings
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for earlier termination as hereinafter provided for, the term of the Executive’s employment hereunder shall be for a period commencing on January 1, 2017 (the “Commencement Date”) and continuing through January 1, 2019, the second anniversary of the Commencement Date. Notwithstanding the foregoing, the Executive’s employment by the Company hereunder may be earlier terminated, subject to Section 9 hereof, upon the occurrence of any one of the following events: (i) the Company’s decision to terminate the Executive, (ii) the Executive’s decision to voluntarily resign or retire at any time or (iii) the parties’ mutual agreement in writing to terminate the Executive’s employment hereunder at any time. The period of time between the Commencement Date and termination of the Executive’s employment hereunder shall be referred to herein as the “Employment Period”.

assistant: Terms
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: mental health evaluation and diagnosed Voth with resolved delirium due to a general medical condition, sustained remission alcohol dependence, and hypertension. In his report, Dr. Pounds concluded that Voth was presently competent but that Voth met the statutory criteria for legal insanity on the date of the incident. Dr. Pounds opined that the most likely cause of Voth's psychotic episode was an unidentified viral infection. Significantly, Dr. Pounds considered and explicitly rejected the possibility that the psychotic episode was the result of intoxication. 17 After receiving Dr. Pounds's report, the People stipulated to the NGRI finding and requested that Voth be committed to a mental health facility pursuant to People v. Laeke, 2012 CO. 18, 1 17, 271 P.3d 1111, 1115-16 (<HOLDING>), and section 16-8-105.5(4) (requiring that a Options: A. holding that a defendant must show reasonable probability that but for the error he would not have entered the plea B. holding that due process requires that a defendant entering a plea of not guilty by reason of insanity understand that if the plea is accepted he could be committed to a state hospital for the criminally insane for a term up to the maximum possible penalty for the offense charged C. holding that claim that counsel was ineffective for allowing defendant to proceed while incompetent was facially insufficient where defendant did not allege he actually was incompetent to proceed to trial or insane at the time of his offense D. holding that pursuant to section 168103 a defendant does not have an absolute right to waive the assertion of a mental status defense when such defense is sought by counsel and setting forth a balancing test for trial courts to rule whether the ngri plea is necessary for a just determination under section 1681082 E. holding that a defendant does not have the right to a jury trial where a plea of ngri is entered and the prosecution concedes that the defendant was insane at the time of the offense

assistant: The best answer is E. holding that a defendant does not have the right to a jury trial where a plea of ngri is entered and the prosecution concedes that the defendant was insane at the time of the offense
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: who assaults ... his or her spouse ... is guilty of a misdemean- or....” Because the record is incomplete as to what evidence was introduced at Sanders’ criminal trial, we cannot determine whether anything obtained as a result of the allegedly unlawful entry was essential to Sanders’ subsequent conviction. A remand is therefore necessary for further factual developments as to Heck’s applicability. Probable Cause Hearing Sanders’ second claim, that he was not afforded a prompt probable cause hearing, is unaffected by Heck, as that claim is for “monetary damages for a constitutional violation unrelated to [the plaintiff’s] ultimate conviction of the substantive offense.” Alkire v. Irving, 330 F.3d 802, 816 n. 10 (6th Cir.2003); Buckenberger v. Reed, 342 Fed.Appx. 58, 63 (5th Cir.2009) (<HOLDING>). Indeed, in Gerstein v. Pugh, the case which Options: A. holding that the fourth amendment does not mandate payment and therefore such claims are not within the jurisdiction of the court B. holding that claims arising under the sixth amendment fall outside the jurisdiction of the court of federal claims C. recognizing the range of discretion of the trial judge D. holding such claims fall within the narrow range of cases that are not barred by heck because a determination of the timeliness of the plaintiffs probable cause hearing will not affect the validity of his conviction E. holding that as to allocation of burdens it is not material that the facts of the case and the causes of the collision are peculiarly within the knowledge of the respondents we are not aware of any ground on which such an inconvenience can affect the rule of law which governs the rights of the parties internal quotation marks omitted

assistant: The best answer is D. holding such claims fall within the narrow range of cases that are not barred by heck because a determination of the timeliness of the plaintiffs probable cause hearing will not affect the validity of his conviction