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 will employ you as Vice President of Research & Chief Science Officer, reporting to the Company’s Chief Executive Officer, and you shall have the responsibilities, duties and authority commensurate with that position. You will also perform such reasonable other and/or different services for the Company, in addition to your primary duties as Vice President of Research & Chief Science Officer as may be assigned to you from time to time. You agree that if your employment hereunder ends for any reason, you will tender to the Company your resignation of all offices with the Company as of the date of your termination, such resignation not being relevant to the issue of the reason for your termination under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the actual knowledge of each Credit Party, such Credit Party and its Subsidiaries owns, or is licensed to use, all patents and other intellectual property material to its business, and the use thereof by such Credit Party or such Subsidiary does not infringe upon the rights of any other Person, except for any such infringements that, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. To the actual knowledge of each Credit Party, there are no material slogans or other advertising devices, projects, processes, methods, substances, parts or components, or other material now employed, or now contemplated to be employed, by any Credit Party or any Subsidiary of any Credit Party, with respect to the operation of any Real Property, and no claim or litigation regarding any slogan or advertising device, project, process, method, substance, part or component or other material employed, or now contemplated to be employed by any Credit Party or any Subsidiary of any Credit Party, is pending or threatened, the outcome of which could reasonably be expected to have a Material Adverse Effect.

assistant: Intellectual Property
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, including the Plan, contains the entire understanding and agreement between the parties hereto respecting the subject matter hereof, and there are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto relating to the subject matter of this Agreement that are not fully expressed herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 8.07(e) .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: requirements are satisfied. Thus, the question of whether the Section 301 “complete preemption” doctrine provided the district court with “original jurisdiction” is irrelevant because, as discussed above, the statute did not authorize removal of proceedings from BOLI. Accordingly, we need not reach the preemption issue, and we express no opinion regarding it. REVERSED and REMANDED with instructions to remand the case back to BOLI. 1 . U.S. West is now known as "Qwest Corporation.” However, we refer to the company as "U.S. West” for purposes of this opinion. 2 . See Volkswagen de Puerto Rico, Inc. v. Puerto Rico Labor Relations Bd., 454 F.2d 38 (1st Cir.1972); Floeter v. C.W. Transport, Inc., 597 F.2d 1100 (7th Cir.1979). 3 . See A.B. Dick Co. v. Marr, 197 F.2d 498, 502 (2d Cir.1952) (<HOLDING>); Humphreys v. United States, 272 F.2d 411, 412 Options: A. holding appeal improper since the dismissal was voluntary B. holding that a voluntary dismissal moots a case C. holding that a plaintiffs voluntary dismissal of his claims with prejudice constituted a final order that was appealable D. holding the plain legal prejudice test applies to voluntary dismissal under the code E. holding that this court has jurisdiction over an appeal from a stipulated voluntary dismissal with prejudice unless it was intended to settle the case

assistant: The best answer is B. holding that a voluntary dismissal moots a case
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you establish a spotify account on behalf of a company , organization , entity , or brand ( a `` brand '' , and such account a `` brand account '' ) , the terms `` you '' and `` your '' , as used throughout the agreements , apply to both you and the brand , 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 case excerpt and choose the best holding from the options. Case excerpt: record will be open to the public for inspection after redaction by this Court. REVERSED. FINNEY, C.J., and TOAL, WALLER and BURNETT, JJ., concur. 1 . Juror testimony regarding internal misconduct is generally inadmissible to impeach a verdict except when necessary to ensure fundamental fairness. State v. Hunter, 320 S.C. 85, 463 S.E.2d 314 (1995); see also Rule 606(b), SCRE effective September 3, 1995. Based on our review of the record, we concur in Judge Macaulay's ruling that the proffered evidence was inadmissible. 2 . The Court speculated that a legitimate privacy interest may be implicated, for instance, by voir dire questioning regarding rape of the juror or a family member. 464 U.S. at 512, 104 S.Ct. at 825. 3 . But see United States v. Edwards, 823 F.2d 111 (5th Cir.1987) Options: A. holding that although the presumption of correctness applies to the ultimate classification decision the presumption carries no force as to questions of law B. holding a defendant seeking a new trial on the basis of juror misconduct has the initial burden to prove thatajuror or jurors did in fact commit the alleged misconduct C. holding that docket sheets enjoy a presumption of openness under the first amendment D. holding no presumption of openness applies to midtrial hearings into juror misconduct because of the disruptive effect on the ongoing trial E. holding that trial courts denial of motion for new trial based on juror misconduct was justified where there was no evidence presented at hearing on motion that juror had knowingly concealed relevant litigation experience during voir dire and identity of juror as county court litigant was not demonstrated

assistant: The best answer is D. holding no presumption of openness applies to midtrial hearings into juror misconduct because of the disruptive effect on the ongoing trial
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 Servicer and each Subservicer has been duly organized and is validly existing as a corporation or limited liability company, as applicable, in good standing under the laws of the State of its incorporation or formation, as applicable, with all requisite corporate power and authority to own or lease its properties and to conduct its business as such business is presently conducted and to enter into and perform its obligations pursuant to this Agreement and the Servicer had at all relevant times, and now has all requisite corporate power and authority to acquire, own, sell and service the Receivables and the other Collateral.

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 case excerpt and choose the best holding from the options. Case excerpt: 493 U.S. at 173, 110 S.Ct. 482. Moreover, both the Supreme Court and the Eleventh Circuit have held that permitting contractual waiver of the other rights and remedies provided alongside the collective action provision in § 216(b) — the right to minimum wage, overtime compensation, liquidated damages, and attorney’s fees — would nullify the purposes of the Act. Brooklyn Sav. Bank v. O’Neil, 324 U.S. at 707, 65 S.Ct. 895 (addressing whether an employee’s written waiver of rights under § 216 barred a subsequent action to recover statutory damages and reasoning that “a statutory right conferred on a private party, but affecting the public interest, may not be waived or released if such waiver or release contravenes the statutory policy”); Silva v. Miller, 307 Fed.Appx. 349 (11th Cir.2009) (<HOLDING>). “Recognizing that there are often great Options: A. holding that where a state statute provides for the award of attorneys fees those fees can be considered as part of the amount in controversy for the purpose of determining federal diversity jurisdiction B. holding that money received in settlement refers to the injured persons net recovery after paying attorney fees and costs a client does not receive attorneys fees under the statute because a lawyer has a claim to such fees as soon as a settlement agreement is reached C. holding that plaintiff was not the prevailing party for purposes of awarding attorneys fees even where the court retained jurisdiction to enforce the terms of a settlement agreement because there was insufficient judicial sanctioning of the alteration of the parties legal relationship D. holding that the plaintiffs lawsuit which was filed despite a general release in the parties settlement agreement constituted a material breach of the settlement agreement E. holding that the flsa provides for reasonable attorneys fees and the parties cannot contract in derogation of flsas provisions even in a settlement agreement

assistant: The best answer is E. holding that the flsa provides for reasonable attorneys fees and the parties cannot contract in derogation of flsas provisions even in a settlement agreement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court then granted the Department summary judgment, also on failure-to-exhaust grounds. Crawford v. Johnson, 166 F.Supp.3d 1, 4 (D.D.C. 2016). The district court reasoned that Crawford “did not specifically reference” those three instances “in the body of his formal EEO complaint,” id at 9, nor did he “reference or specifically incorporate those exhibits into the body of his EEO complaint,” id. at 10. The district court ruled that “information revealed only in exhibits attached to an EEO complaint” is not considered “incorporated into the final complaint” for purposes of the exhaustion requirement. Id. at 9. Crawford appeals the grant of summary judgment to the Department on those three claims.. II We review the district court’s grant of summary judgment de novo, ta 1st Cir. 2009) (<HOLDING>); Dixon v. Ashcroft, 392 F.3d 212, 217-218 (6th Options: A. holding plaintiff had exhausted claim because his attachment to his eeo complaint set forth sufficient factual details B. holding plaintiff had exhausted sex discrimination claim because inter alia she had identified an instance of disparate treatment in an attachment to her eeo complaint C. holding that a plaintiff could not proceed on her procedural due process claim brought under 1983 because she did not show that she had exhausted her state law remedies or alleged that those remedies were inadequate D. holding plaintiff exhausted discrimination claim because he had raised it in an attached narrative E. holding plaintiff exhausted administrative remedies based on additional sheets attached to eeo complaint

assistant: The best answer is B. holding plaintiff had exhausted sex discrimination claim because inter alia she had identified an instance of disparate treatment in an attachment to her eeo complaint
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 BORROWER, MAC, THE ADMINISTRATIVE AGENT, THE ISSUING LENDERS, THE SWING LINE LENDERS AND THE LENDERS EACH WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE OTHER LOAN DOCUMENTS, OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, IN ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY OR ANY PARTICIPANT OR ASSIGNEE, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS, OR OTHERWISE. EACH OF THE BORROWER, MAC, THE ADMINISTRATIVE AGENT, THE ISSUING LENDERS, THE SWING LINE LENDERS AND THE LENDERS EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION SHALL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, EACH OF SUCH PARTIES FURTHER AGREES THAT ITS RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS OR ANY PROVISION HEREOF OR THEREOF. THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: trial court as a prerequisite to appellate review are rooted in the well-established principle that appellate courts are courts of review, and that trial judges should be given an opportunity to correct any errors occurring in trial proceedings before complaint is taken to a higher court. Application of those rules makes perfect sense in normal instances of trial error; however, the instant issue presents a rare example of an issue where fundamental fairness requires an exception to the rule. The view that a defendant’s failure to object to denial of the right against self-incrimination does not necessarily constitute a waiver of the right to assert such error on appeal was supported inferentially in O’Connor v. Ohio, 385 U.S. 92, 93, 87 S.Ct. 252, 253-54, 17 L.Ed.2d 189, 191 (1966) (<HOLDING>), and expressly in Walker v. United States, 404 Options: A. holding that the drug tax violated the privilege against selfincrimination B. holding that waiver of privilege against selfincrimination is proceeding specific C. holding that the eleventh amendment does not bar the united states from asserting an indemnity claim against a state D. recognizing commonlaw privilege against selfincrimination E. holding state procedural rule requiring trial objections could not bar an appellant from asserting a violation of his constitutional privilege against selfincrimination

assistant: The best answer is E. holding state procedural rule requiring trial objections could not bar an appellant from asserting a violation of his constitutional privilege against selfincrimination
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is proper where “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits ... show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” SDCL 15-6-56(c). The parties agree there is no issue of material fact regarding the creation of the assignments. The enforceability of the assignments is a question of law. “We review questions of law de novo with no discretion given to the circuit court.” Pauley v. Simonson, 2006 SD 73, ¶ 7, 720 N.W.2d 665, 667 (citation omitted). [¶ 9.] South Dakota recognizes the common-law prohibition on the assignment of personal injury claims. See Schuldt v. State Farm Mut. Auto. Ins. Co., 89 S.D. 687, 238 N.W.2d 270, 271-72 (1975) (<HOLDING>). The common-law prohibition is grounded on two Options: A. holding that age discrimination is not a personal injury tort B. holding that subrogation clauses in automobile policies do not constitute illegal assignments of personal injury claims C. holding that fehba does not preempt arizona law barring subrogation of personal injury claims D. holding that claims under 42 usc 1983 are not personal injury tort claims E. holding that personal disputes do not constitute persecution

assistant: The best answer is B. holding that subrogation clauses in automobile policies do not constitute illegal assignments of personal injury claims
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 Grantors jointly and severally agree that, as between the Grantors and the Sellers, the Obligations may be declared to be forthwith due and payable as provided in Article VII (and shall be deemed to have become automatically due and payable in the circumstances provided in said Article VII) for purposes of Section 3.01, notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Buyers and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Buyers) shall forthwith become due and payable by the applicable Grantors for purposes of Section 3.01.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 38 Ill.App.3d 616, 348 N.E.2d 277 (1976) (noting that a co-occupant of premises in which contraband is kept runs a significant risk of facing criminal charges and can, therefore, act in his own interest in the Matlock sense). 27 . Illinois v. Rodriguez, 497 U.S. 177, 186, 110 S.Ct. 2793, 111 L.Ed.2d 148 (1990). 28 . Rodriguez, 497 U.S. at 181, 110 S.Ct. 2793; Malone v. State, 163 S.W.3d 785, 797-98 (Tex.App.-Texarkana 2005, pet. ref’d). 29 . Maxwell, 73 S.W.3d at 281. Under the Texas Constitution, the State must show by clear and convincing evidence that consent was validly given. Id. 30 . State’s Brief on the Merits, at 4. 31 . State v. Ross, 32 S.W.3d 853, 856, n. 22 (Tex.Crim.App.2000). 32 . Hubert, 286 S.W.3d at 489. 33 . See Sorensen v. State, 478 S.W.2d 532 (Tex.Crim.App.1972) (<HOLDING>); Martinez v. State, 17 S.W.3d 677 Options: A. holding that while a mother could consent to a search of her sons room she did not have authority to consent to a search of a locked footlocker within the room B. holding that appellants mother had the authority to consent to search of defendants bedroom defendant lived with parents rentfree for four years mother owned the house appellants bedroom door was open mother knocked whenever appellants door was locked and there were no restrictions placed on mothers right to enter bedroom C. holding that twentyyearold appellants mother had authority to consent to a search of sons bedroom where appellant had agreed to pay 10 per week as rent he had not instructed mother to stay out of his room and mother infrequently entered appellants room to pick up after him D. holding that although son was eighteen years old and paid rent mother could consent to search of sons bedroom where nothing suggested mother lacked access to room E. holding that officers had a reasonable belief that defendants father had authority to consent to the search of his sons room and computer because he owned the home and had access to the room and computer at will

assistant: The best answer is C. holding that twentyyearold appellants mother had authority to consent to a search of sons bedroom where appellant had agreed to pay 10 per week as rent he had not instructed mother to stay out of his room and mother infrequently entered appellants room to pick up after him
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: evidence, we turn to the question whether the evidence is relevant. Evidence is relevant if it increases or decreases, even slightly, the probability of the existence of any material fact in issue. Hampton, 317 Or at 255. In this case, the state argues that the proffered evidence was not relevant for two reasons. It observes initially that evidence of Davis’s violent acts against others is relevant to prove defendant’s motive only if defendant knew of those acts. On this record, the state contends, a reasonable juror could not find that defendant knew what Davis had done to others. We agree that Davis’s violent acts towards others are relevant to prove that defendant feared Davis only if defendant was aware of those acts. See State v. Horseman, 52 Or 572, 579, 98 P 135 (1908) (<HOLDING>). As the state notes, without defendant’s Options: A. recognizing principle but finding evidence at first trial sufficient B. recognizing principle C. recognizing this principle as a settled rule D. recognizing this principle in the childpornography context E. recognizing this principle in the failure to hire context

assistant: The best answer is B. recognizing principle
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 of this Agreement, Officer agrees to be employed by and to serve Corporation as its Executive Vice President and General Counsel and Corporation agrees to employ and retain Officer in such capacity. Officer shall have such duties and responsibilities as may be prescribed by the Corporation’s Chief Executive Officer and/or the Board of Directors. Officer shall devote such of his business time, energy, and skill to the affairs of Corporation as shall be necessary to perform his duties under this Agreement. Officer shall report to Corporation’s Chief Executive Officer and at all times during the term of this Agreement shall have powers and duties at least commensurate with his position as Executive Vice President and General Counsel. Officer’s principal place of business with respect to his services to Corporation shall be within 35 miles of Nashville, Tennessee.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that may properly be decided as a matter of law. IV. Analysis J. Thomas McCarthy, the leading commentator on the right of publicity, has characterized the determination of the right’s duration as “by nature almost arbitrary.” 2 J. Thomas McCarthy, Rights of Publicity & Privacy § 9:16 (2d ed. 2012) (henceforth, “McCarthy”). An “almost arbitrary” ruling is unacceptable, however. The following analysis seeks to avoid one. A. New Jersey Law Determines the Duration of the New Jersey Right of Publicity The right of publicity is a property right under both New Jersey common law and California statutory law. McFarland v. Miller, 14 F.3d 912, 917 (3d Cir.1994) (“In New Jersey, the right of publicity is a property right.”); Estate of Presley v. Russen, 513 F.Supp. 1339, 1355 (D.N.J. 1981) (<HOLDING>); Cal. Civ.Code § 3344.1(b) (“The rights Options: A. holding that the defendants use of a models likeness in connection with the packaging and promotion of its hair care product violated the right of publicity B. holding that a change of venue was not warranted due to publicity surrounding an unrelated murder with common features because the defendant failed to establish any specific prejudice against him as a result of the publicity C. holding that the defendants use of players likenesses in parody trading cards violated the right of publicity D. holding that the district court should have engaged in a more detailed inquiry when pretrial publicity was vast a third of potential jurors had an opinion about the guilt of the defendant and all jurors selected had been exposed to pretrial publicity E. holding that the right of publicity is descendible

assistant: The best answer is E. holding that the right of publicity is descendible
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 provision in this Agreement is independent and severable from the others, and no provision will be rendered unenforceable because any other provision may be invalid or unenforceable in whole or in part. If the scope of any restrictive provision in this Agreement is too broad to permit enforcement to its full extent, then such restriction will be reformed to the maximum extent permitted by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Consulting Term, Consultant will be entitled to receive reimbursement by the Company for all reasonable out-of-pocket expenses incurred by him (in accordance with the policies and procedures established by the Company), in connection with his performing Services hereunder. Reimbursements shall be made in accordance with the Company’s normal expense reimbursement policies and procedures (including timing), and such reimbursements will be made no later than the last day of Consultant’s taxable year following the taxable year in which the expense was incurred. The expenses reimbursed during any taxable year of the Consultant will not affect the expenses paid by the Company in another taxable year. This right to reimbursement is not subject to liquidation or exchange for another benefit.

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: The Plan, this Agreement (including all exhibits and appendices hereto) and any valid deferral election made pursuant to Section 1.4(c) constitute the entire agreement of the parties and supersede in their entirety all prior undertakings and agreements of the Company and Participant with respect to the subject matter hereof. Nonetheless, the Company reserves the right to impose other requirements on Participant’s participation in the Plan, on the Performance Shares and on any Shares acquired under the Plan, to the extent the Company determines it is necessary or advisable for legal or administrative reasons, and to require Participant to sign any additional agreements or undertakings that may be necessary to accomplish the foregoing. In the event of any inconsistency between the Plan and this Agreement, the terms of the Plan will control.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in order for the disallowed claim to be reopened. The evidence submitted since September 1990 consists of the May 1990 VA diagnosis of “dysthymic disorder” (R. at 604), which constitutes competent medical evidence of a current disorder — one of the requisite elements of a claim for service connection — and is newly presented evidence that is not cumulative of evidence presented before that decision. It is therefore “new”. However, on its face, that evidence is not probative of the issue at hand, the element relating to a nexus between the veteran’s service and his current depressive condition, the absence of which was a basis for the last (September 1990) final disallowance of this claim. See Struck, Blackburn, and Cox, all supra; see also Heuer v. Brown, 7 Vet.App. 379, 386-87 (1995) (<HOLDING>); Caluza, 7 Vet.App. at 506 (requisite elements Options: A. holding that if no evidence was presented to support the prevailing party there is no evidence upon which to apply the substantial evidence test and therefore the capricious disregard standard applies B. holding that evidence submitted for a motion to reopen must be material and state new facts that rebut the underlying finding C. holding that new evidence is evidence not previously of record and not merely cumulative of other evidence D. holding that the defendants evidence did not qualify as newly discovered evidence E. holding that there was no new and material evidence to reopen claim where newly presented evidence was not accompanied by any medical evidence indicating a nexus to service

assistant: The best answer is E. holding that there was no new and material evidence to reopen claim where newly presented evidence was not accompanied by any medical evidence indicating a nexus to service
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 Executive’s written and otherwise tangible work product rendered pursuant to this Agreement is works for hire, and is the sole property of the Company. The Executive shall retain no rights in such written and otherwise tangible work product. The Executive hereby assigns to the Company any and all right, title and interest he may have in any written and otherwise tangible work product which he may invent and assist in inventing, while performing the services pursuant to this Agreement. The Executive hereby assigns to the Company any interest he may have in any inventions, patents, designs, trade names, trademarks, service marks or other forms of intellectual property which he may create or assist in the creating in the course of his provision of services pursuant to this Agreement. The Executive shall disclose to the Company all art which he has invented in the course of rendering services pursuant to this Agreement. The Executive shall assist the Company in securing protection of intellectual property by signing agreements, assignments and other documents.

assistant: Intellectual Property
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 validity, construction and effect of this Agreement, and of any determinations or decisions made by the Committee relating to this Agreement, and the rights of any and all persons having or claiming to have any interest under this Agreement, shall be determined exclusively in accordance with the laws of the State of Tennessee, without regard to its provisions concerning the applicability of laws of other jurisdictions. Any suit with respect hereto will be brought in the federal or state courts in the districts which include Greeneville, Tennessee, and you hereby agree and submit to the personal jurisdiction and venue thereof.

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: that Plaintiff did not, including training and recruiting, and the hospital changed from an ongoing enterprise with approximately 700 employees during Casanova’s tenure to a winding-down enterprise with approximately 300 employees during Plaintiffs tenure. 3. Summary judgment was proper on Plaintiffs retaliation claim because, on the facts deemed true, Plaintiff did not complain of discrimination when she requested a higher salary, and she did not suffer an adverse employment action. See Wrighten v. Metro. Hosps., Inc., 726 F.2d 1346, 1354 (9th Cir.1984) (<HOLDING>). Further, even if Plaintiff had made out a Options: A. holding that a temporal link between protected activity and an adverse employment action may in some cases be sufficient to create an inference of retaliation B. holding that the fact that employer had knowledge of the employees protected activity was not sufficient to establish a prima facie case of retaliation where the timing of the discharge was not proximate to the protected activity C. holding that a plaintiff bringing a retaliation claim under title vii must establish a prima facie case of retaliation by showing that she engaged in a protected activity that she was subjected to an adverse employment action by her employer and that there was a causal link between the two D. holding that a prima facie case of retaliation requires a causal link between the employees protected activity and the employers adverse employment action E. holding that the plaintiff failed to raise an issue of fact regarding her retaliation claim because she failed to offer any evidence of a causal relationship between her involvement in protected activity and the adverse employment action

assistant: The best answer is C. holding that a plaintiff bringing a retaliation claim under title vii must establish a prima facie case of retaliation by showing that she engaged in a protected activity that she was subjected to an adverse employment action by her employer and that there was a causal link between the two
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: 491 U.S. at 688, 109 S.Ct. at 2696, 105 L.Ed.2d at 589. Similarly, “[r]elianee on a single source, in the absence of a high degree of awareness of probable falsity, does not constitute actual malice.” Woods v. Evansville Press Co., 791 F.2d 480, 488 (7th Cir.1986); accord N.Y. Times Co. v. Connor, 365 F.2d 567, 576 (5th Cir.1966). Nor does a “shoddy” investigation constitute actual malice. See Dodds v. Am. Broad. Co., 145 F.3d 1053, 1062-63 (9th Cir.1998); see also Faigin v, Kelly, 978 F.Supp. 420, 429 (D.N.H.1997) (“[FJailure to follow journalistic standards and lack of investigation may establish irresponsibility or even possibly gross irresponsibility, but not reckless disregard of truth.”). Indeed, sources of information need not be completely neutral. See Dodds, 145 F.3d at 1062 (<HOLDING>). Mullin and the Iowa Democratic Party Options: A. holding that a reporters deeply religious source who expressed skepticism about a judges reliance on a crystal ball to decide cases was not so biased as to render her statements unreliable B. holding that jurors who expressed residual doubt about the defendants right to silence should have been dismissed for cause C. holding that where a claim of ineffective assistance of counsel is grounded in the claim that counsel failed to strike a biased juror a defendant must show that the juror was actually biased against him D. holding that it did not violate the defendants right to remain silent when the prosecutor questioned her about inconsistencies between her pretrial statements to authorities and her defense at trial E. holding that the failure to strike potentially biased juror was not iac where decision was based on trial strategy

assistant: The best answer is A. holding that a reporters deeply religious source who expressed skepticism about a judges reliance on a crystal ball to decide cases was not so biased as to render her statements unreliable
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: reiterated their positions and motions. The Court decided to have the jurors redeliberate on those counts and gave a supplemental instruction telling the jury, among other things, that it was desirable to reach a verdict but emphasizing that the jurors should not surrender their convictions and that the verdict must reflect the conscientious judgment of each juror. After delib erating again, the jury returned a guilty verdict against Wrensford on Counts III and IV and against Muller on Count I. The jury was polled again, and- all jurors, including Juror 7, replied "Yes,” that it was their independent verdict, on all counts. App. 2566-70. Wrensford was thus convicted on Counts I-V, and Muller was convicted on Counts I, IV, and V. Wrensford moved for , 589, 591-92 (6th Cir. 1994) (<HOLDING>); United States v. Obasa, 15 F.3d 603, 608 (6th Options: A. holding that where an individual voluntarily goes to the police station to discuss the commission of a crime that person has not been seized within the meaning of the fourth amendment B. holding that taking an individual who was not suspected of any crime to a police station and into an interview room and detaining her for approximately four hours where it was made clear she was not free to leave violated the fourth amendment C. holding that accused was not in custody when told he was not under arrest and was free to leave and did in fact freely leave the interview D. holding that an employee who did not present evidence that she could have returned to work prior to the expiration of her fmla leave allowance was not entitled to additional leave merely because her employer had not properly provided her with notice that the leave was designated as fmla leave E. holding that a defendant who was told several times he was not under arrest and who never asked to leave during an interview with investigators was not in custody

assistant: The best answer is B. holding that taking an individual who was not suspected of any crime to a police station and into an interview room and detaining her for approximately four hours where it was made clear she was not free to leave violated the fourth amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party hereby waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any suit, action or proceeding arising out of this Agreement or any transaction contemplated hereby. Each party ( i ) certifies that no representative, agent or attorney of any other party has represented, expressly or otherwise, that such other party would not, in the event of litigation, seek to enforce the foregoing waiver and ( ii ) acknowledges that it and the other parties have been induced to enter into the Agreement by, among other things, the mutual waivers and certifications in this Section 5(k).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 3.6, there is no litigation, suit, proceeding, action, claim, demand or investigation, at law or in equity, pending or threatened against or affecting the Company before any court, agency, Government Authority or arbitration tribunal, in each case related to the Purchased Assets or the Business. The Company has not received any opinion or legal advice in writing to the effect that it is exposed from a legal standpoint to any Liability related to the Purchased Assets or the Business. To the knowledge of the Company, there are no facts that would reasonably be expected to result in any such litigation, suit, proceeding, action, claim or investigation. The Company is not subject to or in default with respect to any notice, order, writ, injunction or decree of any court, agency, Government Authority or arbitration tribunal, in each case related to the Purchased Assets or the Business.

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: If the Incremental Term Facility and/or Incremental Revolving Commitments are effected in accordance with this Section, the Administrative Agent and the Borrower shall determine the effective date (the “ Increase Effective Date ”) and the final allocations of such Incremental Term Facility and/or Incremental Revolving Commitments which, for any existing Lender participating in such Incremental Term Facility or Incremental Revolving Commitments, need not be ratable in accordance with their respective Pro Rata Shares prior to such increase). The Administrative Agent shall promptly notify the Borrower and the Lenders of such final allocations and the Increase Effective Date.

assistant: Effective Dates
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: Under the Supreme Court’s decision in Brignoni-Ponce, Border Patrol agents may question suspected illegal aliens “about their citizenship and immigration status, and ... may ask them to explain suspicious circumstances.... ” 422 U.S. at 881-82, 95 S.Ct. 2574. The questions the agents asked Galindo-Gallegos in this case were what country he was from and whether he had a legal right to be in the United States. Maj. op. at 729. Those questions were directly related to the agents’ reason for stopping the group in the first place, a suspicion that they were illegal aliens. Furthermore, the agents “used no threats of force, unnecessary delays, exaggerated displays of authority or other coercive tactics” in their questioning. United States v. Torres-Sanchez, 83 F.3d 1123, 1129 (9th Cir.1996) (<HOLDING>). The agents’ questions were permissible and Options: A. holding that police executed an illegal arrest when they took a teenage suspect from his home and brought him in handcuffs to the police station for questioning B. holding that if a police officer inflicted no constitutional injury on a suspect it is inconceivable that the police commissioners could be liable to the suspect C. holding that there was no arrest when suspect was moved from his own truck to a police car D. holding that prosecutors who soon after arrest of suspect allegedly directed police to coerce confession from suspect were not entitled to absolute immunity because interrogation is ordinarily a police activity E. holding that police officers had probable cause to arrest a suspect where the facts suggest a fair probability that the suspect has committed a crime

assistant: The best answer is C. holding that there was no arrest when suspect was moved from his own truck to a police car
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution and delivery of this Agreement and the performance by the Company of its obligations hereunder and compliance by the Company with all of the provisions hereof and the consummation of the Transaction (i) shall not conflict with, or result in a breach or violation of, any of the terms or provisions of, or constitute a default under, or result in the acceleration of, or the creation of any Encumbrance under, or give rise to any termination right under, any material Contract to which the Company is a party, (ii) shall not result in any violation or breach of any provisions of the organizational documents of the Company and (iii) shall not conflict with or result in any violation of, or any termination or material impairment of any rights under, any statute or any license, authorization, Order, rule or regulation of any Governmental Entity having jurisdiction over the Company or its properties or assets, except with respect to each of (i), (ii) and (iii), such conflicts, violations or defaults as would not be reasonably expected to have a material adverse effect on the ability of the Company to consummate the Transaction.

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: Employee agrees to serve in the positions referred to in Section 2.2 and to perform diligently and to the best of Employee’s abilities the duties and services appertaining to such positions as determined by the Company from time to time. Employee’s employment shall also be subject to the policies maintained and established by Company that are of general applicability to Company’s employees, as such policies may be amended from time to time.

assistant: Duties