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: This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof, and supersedes any and all prior agreements, understandings, promises and representation, whether written or oral, between the Parties with respect to the subject matter hereof.

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: Plaintiff choose to file an amended complaint, he must do so within 30 days of this Order, addressing the deficiencies outlined herein. He is advised that an amended complaint replaces the Complaint currently pending before the Court in its entirety and therefore must include all of his claims and factual allegations against all Defendants against whom he wishes to proceed. The amended complaint must be captioned “ First Amended Complaint” and bear the same docket number as this Order. The Clerk of Court is respectfully requested to terminate the pending Motion. (Dkt. No. 40). SO ORDERED. 1 . The Court notes that Defendants do not raise the issue of qualified immunity and, as a result, declines to address it at this stage. See Satchell v. Dilworth, 745 F.2d 781, 784 (2d Cir.1984) (<HOLDING>); accord Betts v. Shearman, No. 12-CV-3195, Options: A. holding that mitigation of damages is an affirmative defense that must be pleaded B. holding that fair use is an affirmative defense C. holding that qualified immunity is an affirmative defense that must be pled by the official who claims it D. holding that the plaintiff waived an objection to the defendants failure to plead qualified immunity as an affirmative defense E. holding that affirmative defenses are waived if not pled

assistant: The best answer is C. holding that qualified immunity is an affirmative defense that must be pled by the official who claims it
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: Pay and discharge promptly when due all material Taxes imposed upon it or upon its income or profits or in respect of its Property before the same shall become delinquent or in default, as well as all lawful claims for labor, materials and supplies or otherwise, which, if unpaid, might give rise to Liens upon such Property or any part thereof (except as otherwise permitted by Section 6.02 hereof), unless being diligently contested in good faith by appropriate proceedings and as to which adequate reserves in an amount not less than the aggregate amount secured by such Liens have been established in accordance with GAAP; provided , however , that such contested amounts giving rise to such Liens shall be immediately paid upon commencement of any procedure or proceeding to foreclose any of such Liens unless the same shall be validly stayed by a court of competent jurisdiction or a surety bond, which is satisfactory in all respects to the Administrative Agent, is delivered to the Administrative Agent for the ratable benefit of the Lenders in an amount no less than such contested amounts.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THE PARTIES AGREE THAT ANY AND ALL DISPUTES ARISING OUT OF THE TERMS OF THIS AGREEMENT, THEIR INTERPRETATION, AND ANY OF THE MATTERS HEREIN RELEASED, SHALL BE SUBJECT TO ARBITRATION IN UTAH COUNTY IN THE STATE OF UTAH, BEFORE JUDICIAL ARBITRATION & MEDIATION SERVICES ( “ JAMS ” ), PURSUANT TO ITS EMPLOYMENT ARBITRATION RULES & PROCEDURES ( “ JAMS RULES ” ). THE ARBITRATOR MAY GRANT INJUNCTIONS AND OTHER RELIEF IN SUCH DISPUTES. THE ARBITRATOR SHALL ADMINISTER AND CONDUCT ANY ARBITRATION IN ACCORDANCE WITH UTAH LAW, INCLUDING THE UTAH RULES OF CIVIL PROCEDURE, AND THE ARBITRATOR SHALL APPLY SUBSTANTIVE AND PROCEDURAL UTAH LAW TO ANY DISPUTE OR CLAIM, WITHOUT REFERENCE TO ANY CONFLICT-OF-LAW PROVISIONS OF ANY JURISDICTION. TO THE EXTENT THAT THE JAMS RULES CONFLICT WITH UTAH LAW, UTAH LAW SHALL TAKE PRECEDENCE. THE DECISION OF THE ARBITRATOR SHALL BE FINAL, CONCLUSIVE, AND BINDING ON THE PARTIES TO THE ARBITRATION. THE PARTIES AGREE THAT THE PREVAILING PARTY IN ANY ARBITRATION SHALL BE ENTITLED TO INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION TO ENFORCE THE ARBITRATION AWARD. THE PARTIES TO THE ARBITRATION SHALL EACH PAY AN EQUAL SHARE OF THE COSTS AND EXPENSES OF SUCH ARBITRATION, AND EACH PARTY SHALL SEPARATELY PAY FOR ITS RESPECTIVE COUNSEL FEES AND EXPENSES; PROVIDED, HOWEVER, THAT THE ARBITRATOR SHALL AWARD ATTORNEYS ’ FEES AND COSTS TO THE PREVAILING PARTY, EXCEPT AS PROHIBITED BY LAW. THE PARTIES HEREBY AGREE TO WAIVE THEIR RIGHT TO HAVE ANY DISPUTE BETWEEN THEM RESOLVED IN A COURT OF LAW BY A JUDGE OR JURY. NOTWITHSTANDING THE FOREGOING, THIS SECTION 15 WILL NOT PREVENT EITHER PARTY FROM SEEKING INJUNCTIVE RELIEF (OR ANY OTHER PROVISIONAL REMEDY) FROM ANY COURT HAVING JURISDICTION OVER THE PARTIES AND THE SUBJECT MATTER O F THEIR DISPUTE RELATING TO TH IS AGREEMENT AND THE AGREEMENTS INCORPORATED HEREIN BY REFERENCE. SHOULD ANY PART OF THE ARBITRATION AGREEMENT CONTAINED IN THIS PARAGRAPH CONFLICT WITH ANY OTHER ARBITRATION AGREEMENT BETWEEN THE PARTIES, THE PARTIES AGREE THAT THIS ARBITRATION AGREEMENT SHALL GOVERN.

assistant: Arbitration
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: biological parent of a child obtained from Iran, and holding that “[i]n its role as parens patriae, it is the duty of a court to consider the child’s best interest. In the ease at hand, it is obviously not in [the child’s] best interest to relieve appellee from his obligation to support him. Rather, it is in [the child’s] best interest to be supported by those who were permitted to bring him to the United States from the Republic of Iran, after promising the Republic of Iran to support and care for him.”). {32} The facts in the present case are not in dispute and the issue of whether the district court erred in applying the doctrine of equitable adoption is an issue of law which we review de novo. See N.M. Right to Choose/NARAL v. Johnson, 1999-NMSC-028, ¶ 5, 127 N.M. 654, 986 P.2d 450 (<HOLDING>). In our view, the district court extended the Options: A. holding that the threshold question of whether to adopt a doctrine is reviewed de novo B. holding the ultimate question of probable cause should be reviewed de novo C. holding that antitrust standing is question of law reviewed de novo D. holding question of law applied to undisputed facts reviewed de novo E. holding that whether consent was valid under the fourth amendment is a question of law to be reviewed de novo

assistant: The best answer is A. holding that the threshold question of whether to adopt a doctrine is reviewed de novo
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: has considered personal grooming codes prohibiting men but not women from wearing long hair has found the codes to be non-discriminatory within the meaning of Title VII. See Harper v. Blockbuster Entm’t Corp., 139 F.3d 1385, 1387 (11th Cir.1998); Tavora v. N.Y. Mercantile Exch., 101 F.3d 907, 908 (2d Cir.1996); Barker, 549 F.2d at 401; Earwood v. Cont’l Southeastern Lines, Inc., 539 F.2d 1349, 1351 (4th Cir.1976); Longo v. Carlisle DeCoppet & Co., 537 F.2d 685, 685 (2d Cir.1976); Knott, 527 F.2d at 1252; Willingham v. Macon Tel. Pub. Co., 507 F.2d 1084, 1092 (5th Cir.1975); Baker v. Cal. Land Title Co., 507 F.2d 895, 898 (9th Cir.1974); Dodge, 488 F.2d at 1337; Fagan v. Nat’l Cash Register Co., 481 F.2d 1115, 1126 (D.C.Cir.1973). We agree wit Prac. Dec. (CCH) ¶ 37,016 (E.D.N.Y.1987) (<HOLDING>); Lockhart v. Louisiana-Pacific Corp., 102 Options: A. holding that relief granted under title vii is against the employer not individual employees whose actions constituted a violation of title vii emphasis in original B. holding that the doctrine of qualified immunity does not protect a government official who is sued in an official capacity under title vii because title vii does not impose personal liability C. holding that title vii prohibits discrimination based on any race including caucasian D. holding unwritten personal grooming code which allows females to wear earrings but prohibits men from wearing earrings does not constitute a violation of title vii E. holding that title vii does not include a continuing violation doctrine

assistant: The best answer is D. holding unwritten personal grooming code which allows females to wear earrings but prohibits men from wearing earrings does not constitute a violation of title vii
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. City of Chicago, 830 F.2d 706 (7th Cir.1987); Black v. Stephens, 662 F.2d 181 (3d Cir.1981) (upholding jury verdict against police officer who, without justification, brandished his revolver eighteen inches from a motorist’s head, with the motorist’s wife in the precise line of fire, and then threatened to shoot), cert. denied, 455 U.S. 1008, 102 S.Ct. 1646, 71 L.Ed.2d 876 (1982), we have never adopted this approach and we need not decide the propriety of such an approach in the instant case. The facts here simply do not demonstrate egregious governmental conduct. Second, Mr. Bella’s complaint makes no allegations of improper motives or malice. Nor can malice be inferred from the officers’ actions of firing at and boxing in the Gazelle helicopter. See Landoh-Rivera, 906 F.2d at 797 (<HOLDING>). Indeed, Mr. Bella concedes that the officers Options: A. holding detention lawful when police referred driver to secondary to check ownership of the vehicle after the driver admitted that the car did not belong to him and the registration revealed that the car was owned by another B. holding that the officer had reasonable belief that the occupants of the vehicle were armed where the officer knew that drug dealers are frequently armed and therefore frisk of the vehicle was permissible C. holding that defendants had no standing where they conceded that they did not own the automobile searched and were simply passengers the owner of the car had been the driver of the vehicle at the time of the search D. holding that where the fleeing suspect was armed had threatened to kill his hostage and had commandeered a car and abducted its driver the decision to shoot toward the hijacked vehicle by itself falls far short of demonstrating reckless or callous indifference toward the hostages rights E. holding that the driver of a car who had permission to use the car had standing to challenge its search

assistant: The best answer is D. holding that where the fleeing suspect was armed had threatened to kill his hostage and had commandeered a car and abducted its driver the decision to shoot toward the hijacked vehicle by itself falls far short of demonstrating reckless or callous indifference toward the hostages rights
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 will serve as Chief Executive Officer of the Company and acting Chief Financial Officer of the Company and shall have duties of an executive nature that are attendant to his position as described in the bylaws of the Company and as may be reasonably assigned to him by the Board of Directors of the Company (the “Board”). Exhibit A hereto defines the basic role and responsibility of the Chief Executive Officer and acting Chief Financial Officer. The Executive will report to the Board and nothing herein shall interfere with or limit the oversight responsibilities of the Board. Unless otherwise agreed to by the Executive and the Board, the Executive’s principal base of operation will be in the Murray, Utah region, with reasonable travel to the Clavo Rico mine in Honduras and other travel as necessary.

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: 2004)(<HOLDING>); Render v. State, 742 So.2d 503 (Fla. 3d DCA Options: A. holding that under habitual felony offender statute a sentence includes the sanction of probation B. holding that probation is not a sentence C. holding that under the 1991 version of the habitual offender statute defendant could not receive habitual offender sentence for life felony D. holding that where original sentencing judge imposed a guidelines sentence defendant could not be sentenced as a habitual offender upon violation of probation E. holding that defendants habitual traffic violator conviction could also serve as a predicate felony conviction under the general habitual offender statute

assistant: The best answer is A. holding that under habitual felony offender statute a sentence includes the sanction of probation
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: Inc. v. Dept. of Rev., 321 Or 341, 353, 898 P2d 1333 (1995) (applying rule of statutory construction that, by including some things but excluding other things from a statute, legislature intended to exclude the other things from the statute). The fact that “use” and “place of use” are treated identically in ORS 540.510(1), and the fact that ORS 540.510(1) addresses the basic definition of what constitutes a water right, establish that “place of use,” like “type of use,” is a component of “use” for purposes of the forfeiture statute. That interpretation also comports with common-law understandings of “use” and “beneficial use” that existed during the early development of the Oregon Water Code. See State v. Tarpley, 157 Or App 693, 700, 972 P2d 1201 (1998), rev den, 328 Or 465 (1999) (<HOLDING>). The Oregon Supreme Court has held that use of Options: A. recognizing that commission is not bound by statutory or common law rules of evidence B. recognizing common law privileges C. recognizing that context under the pge analysis includes the preexisting common law and statutory framework within which the law was enacted D. holding that a statute enacted in derogation of the common law must be strictly construed E. recognizing that the law of the shop includes the understanding of the parties

assistant: The best answer is C. recognizing that context under the pge analysis includes the preexisting common law and statutory framework within which the law was enacted
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: recaptured); Crawley v. State, 155 S.W.3d 836 (Mo.App.2005) (affirming the motion court’s refusal to hear the defendant’s request for postconviction relief where the defendant escaped before he could be sentenced on a probation violation and remained at large for over eighteen months before being recaptured); State v. Surritte, 35 S.W.3d 873, 875 (Mo.App.2001) (applying the escape rule to refuse to hear the defendant’s direct appeal of his conviction where the defendant es caped for four days causing a 14-day delay in sentencing). Missouri cases take note of the length of the escape, but the more important consideration is whether the application of the rule furthers any of the eight recognized rationales for the rule’s maintenance. See Holmes v. State, 92 S.W.3d 193, 196 (Mo.App.2002) (<HOLDING>); see also Pradt, 219 S.W.3d at 862 Options: A. holding where there is no duty to defend there is no duty to indemnify B. recognizing that a claim is an assertion of a right and if there is no assertion of a right there is no claim to deduct C. holding that there is no threshold amount of time an appellant must have escaped justice before dismissal is allowed D. holding that a trial court does not lose jurisdiction in a matter by ordering its dismissal before jeopardy has attached unless there is an abuse of discretion in vacating the order of dismissal and reinstating the case for trial E. holding that it is well settled that there is no constitutional right to an appeal

assistant: The best answer is C. holding that there is no threshold amount of time an appellant must have escaped justice before dismissal is allowed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to nonexistent property. C. Equitable Defenses The BOCC also contends that, even if taxpayer had statutory grounds for its abatement and refund claims, these claims should be barred on equitable grounds by the unclean hands doctrine because they arose from taxpayer's own fraudulent misconduct in ov-erreporting assets and valuation in the personal property schedules it filed. 'We are not persuaded. Tax provisions are generally viewed as technical laws that are not subject to equitable principles. Shell W. E & P, Inc. v. Dolores County Bd. of Comm'rs, 948 P.2d 1002, 1007 (Colo.1997) (SWEPI ). Nevertheless, in certain cireumstances it may be appropriate to apply certain equitable principles in abatement and refund proceedings under the Colorado property tax scheme. See id. at 1010 (<HOLDING>). In our view, it would not be appropriate to Options: A. holding that the general equitable tolling doctrine is read into every statute of limitations B. holding that application of equitable tolling doctrine was appropriate as to statute of limitations in abatement and refund proceedings under cireumstances in that case C. recognizing the validity of the doctrine but holding no equitable tolling on the facts presented D. holding that 2244d is subject to equitable tolling in appropriate cases E. holding statute of limitations period defined in 28 usc 2244d is subject to equitable tolling

assistant: The best answer is B. holding that application of equitable tolling doctrine was appropriate as to statute of limitations in abatement and refund proceedings under cireumstances in that 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 any provision of these terms of use is found to be unenforceable or invalid , that provision will be limited or eliminated to the minimum extent necessary so that these terms of use will otherwise remain in full force and effect and enforceable .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Closing Date, the Borrowers have no Subsidiaries other than those specifically disclosed in Part (a) of Schedule 9.1.11 , and all of the outstanding Equity Interests in such Subsidiaries have been validly issued, are fully paid and non-assessable and are owned by an Obligor in the amounts specified on Part (a) of Schedule 9.1.11 free and clear of all Liens other than Permitted Liens. Except as disclosed on Schedule 9.1.11 , in the 5 years preceding the Closing Date, no Obligor nor any Restricted Subsidiary has acquired any substantial assets from any other Person nor has been the surviving entity in a merger or combination. As of the Closing Date, the Borrowers have no equity investments in any other corporation, entity or business venture other than those specifically disclosed in Part (b) of Schedule 9.1.11 . Schedule 9.1.11 , as of the Closing Date, identifies each Subsidiary by its state of organization, and its organizational identification number, and each Subsidiary on such schedule is a Wholly-Owned Subsidiary unless noted otherwise therein.

assistant: Subsidiaries
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: from (say) $100,000 to $200,000 in present-year dollars due to the new construction. However, the board does not simply reassess the property at $200,000; rather, using tables, charts, and other accepted techniques, the board determines what the improved property would have been worth in the base year — in this example, perhaps $180,000; it is this latter figure of $180,000, multiplied by the base year [established predetermined ratio], which becomes the parcel’s new assessed value for the present tax year. In this way, uniformity is maintained because, as explained above, other properties whose assessments have not been altered also remain assessed according to base year dollars. See generally [City of Lancaster v. County of Lancaster, 143 Pa.Cmwlth. 476, 599 A.2d 289, 295-96 (1991)] (<HOLDING>). 913 A.2d at 203-04. 8 . At the time of Judge Options: A. holding that the market price is understood to mean the current market price being paid for gas at the well where it is produced B. holding a county and a road district had standing to sue state highway commission and county tax collector based on their interest in and control over the public roads of the county C. recognizing county officers as those whose general authority and jurisdiction are confined within the limits of the county in which they are appointed who are appointed in and for a particular county and whose duties apply only to that county and through whom the county performs its usual political functions D. holding that both saline county and grant county had jurisdiction to try the appellant for murder where the actual killing occurred in one county but the acts requisite to the consummation of the murder and the subsequent disposal of the body occurred in the other county E. holding that a county that uses base year market values for most of the county may not consistent with the uniformity clause utilize a formula based upon current market value as to a selected group of taxing districts only

assistant: The best answer is E. holding that a county that uses base year market values for most of the county may not consistent with the uniformity clause utilize a formula based upon current market value as to a selected group of taxing districts only
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a legacy is deemed specific, courts prefer to construe a bequest as general or demonstrative. Chalkwater v. Dolly, 108 Md.App. 539, 672 A.2d 673, 676 (1996). Appellant argues that the testator’s intent must be ignored in determining whether a specific bequest is adeemed. Appellant correctly notes that this is the rule in the majority of states. In re Estate of Hume, 984 S.W.2d 602, 604-05 (Tenn.1999). But this rule applies only after a court determines that a bequest is specific. Id. (concluding that the specific bequest was adeemed). The theory behind ademption by extinction is that when a testator makes a specific bequest, he or she intends the bequest to fail when the designated asset is no longer part of the estate. Wasserman v. Cohen, 414 Mass. 172, 606 N.E.2d 901, 902-03 (1993) (<HOLDING>). Therefore, a testator’s intent is relevant in Options: A. holding that as matter of law plaintiff did not show present donative intent because donor intended for property to remain his until his death B. recognizing that the government may seek a personal judgment specific property or substitute property C. holding that as matter of law present donative intent not shown because donor intended for property to remain his until his death D. holding that the doctrine of ademption seeks to give effect to a testators probable intent by presuming he intended to extinguish a specific gift of property when he disposed of that property prior to his death E. holding that where congressional intent is clear a court must give effect to such intent

assistant: The best answer is D. holding that the doctrine of ademption seeks to give effect to a testators probable intent by presuming he intended to extinguish a specific gift of property when he disposed of that property prior to his death
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All federal, state and other material tax returns of, each Loan Party and each other Material Subsidiary required by Applicable Law, which to the knowledge of Borrower, are to be filed have been duly filed (after taking into account any extensions of time within which to file such tax returns), and all material federal, state and other material taxes, assessments and other governmental charges or levies upon, each Loan Party and each other Subsidiary and their respective properties, income, profits and assets which are due and payable have been paid, except any such nonpayment or non-filing which is at the time permitted under Section 8.6 . As of the Agreement Date, none of the United States federal income tax returns of any Loan Party or any other Material Subsidiary is under audit.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: view of the unsettled state of the law on this issue, IBM’s adoption of the position that it viewed as favorable to itself, and its decision to raise the issue as a Rule 12(b)(1) motion for lack of jurisdiction over the subject matter, was not unreasonable (imprudent, perhaps, but not unreasonable). Therefore, TM’s motion in limine to prevent IBM from asserting a defense under § 1498 is denied and the amendment is allowed. 5. TM’s motion for sanctions as per Fed.R.Civ. , 57 F.Supp.2d 961 (C.D.Cal.1999) (surveying the caselaw and holding that § 1498 is jurisdictional as to governmental defendants and, in the case of private defendants, establishes an affirmative defense that must be timely asserted). 2 . See Croll-Reynolds Co. v. Perini-Leavell-Jones-Vinell, 399 F.2d 913 (5th Cir.1968) (<HOLDING>), cert. denied, 393 U.S. 1050, 89 S.Ct. 688, 21 Options: A. holding that given the version of 1498 then in place the governments authorization and consent to allegedly infringing manufacture formed a basis for a transfer of jurisdiction from the district court to the court of claims now the court of federal claims B. holding that the accused item was used by the government under an older version of 1498 and that therefore the only remedy was a suit against the united states in the court of claims now the court of federal claims C. holding that to exhaust a claim the claims raised at the administrative appeal must be so similar that the district court can ascertain that the agency was on notice of and had an opportunity to consider and decide the same claims now raised in federal court D. holding that claims arising under the sixth amendment fall outside the jurisdiction of the court of federal claims E. holding that the united states court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute

assistant: The best answer is B. holding that the accused item was used by the government under an older version of 1498 and that therefore the only remedy was a suit against the united states in the court of claims now the court of federal 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: Except for any claim for injunctive relief arising out of a breach of a party’s obligations to protect the other’s proprietary information, the parties agree to arbitrate, in Alameda County, California through JAMS, any and all disputes or claims arising out of or related to the validity, enforceability, interpretation, performance or breach of this Agreement, whether sounding in tort, contract, statutory violation or otherwise, or involving the construction or application or any of the terms, provisions, or conditions of this Agreement. Any arbitration may be initiated by a written demand to the other party. The arbitrator’s decision shall be final, binding, and conclusive. The parties further agree that this Agreement is intended to be strictly construed to provide for arbitration as the sole and exclusive means for resolution of all disputes hereunder to the fullest extent permitted by law. The parties expressly waive any entitlement to have such controversies decided by a court or a jury.

assistant: Arbitration
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: Howard E. Leasure appeals from the district court’s denial of his request for sentence modification. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Leasure contends that he is entitled to re-sentencing pursuant to 18 U.S.C. § 3582. This contention is foreclosed by Carrington v. United States, 470 F.3d 920, 923 (9th Cir.2006) (<HOLDING>). Leasure also contends that he is entitled to Options: A. holding that the changes in sentencing law imposed by united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 did not render waiver of appeal involuntary and unknowing B. holding that waiver of right to appeal sentence in plea agreement accepted before decision in united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 was not invalidated by change in law C. holding that 3582c does not apply to a person seeking resentencing under united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 D. holding that waiver of right to appeal in plea agreement entered into before united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 was not invalidated by change in law effected by that case and that booker error fell within scope of waiver E. holding that united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 did nothing to alter the rule that judges cannot depart below a statutorily provided minimum sentence except upon the governments motion on the basis of substantial assistance

assistant: The best answer is C. holding that 3582c does not apply to a person seeking resentencing under united states v booker 543 us 220 125 sct 738 160 led2d 621 2005
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: of the relevant market. See, e.g., Tampa Elec., 365 U.S. at 327-30, 81 S.Ct. 623. b. Project Avalanche Agreements Lacked Exclusivity and Anticompetitiveness To be considered “exclusive” under antitrust laws, an agreement must either expressly preclude a party from doing business with the defendant’s competitors, or highly incentivize or have the practical effect of exclusivity. See LePage’s, 324 F.3d at 157-58 (in analyzing a § 2 claim, noting that “unilaterally imposed quantity discounts can foreclose the opportunities of rivals when a dealer can obtain its best discount only by dealing exclusively with the dominant firm” (quoting 3A Phillip E. Areeda & Herbert Hovenkamp, Antitrust Law ¶ 768b2, at 148)); Concord Boat Corp. v. Brunswick Corp., 207 F.3d 1039, 1058-59 (8th Cir.2000) (<HOLDING>); Masimo Corp., 2006 WL 1236666, at *3, *5-6 Options: A. holding that buyers of real property who were in constructive possession of the property had made a down payment and had signed a contract to purchase at the time of the loss had an insurable interest in the property despite a court determination two years after the loss that the agreement to purchase was not binding B. holding that discount purchase agreements that did not require buyers to commit to buying a sellers products for any specified time period were not exclusive because buyers were free to walk away from the discounts at any time C. holding that even though the contract limited the buyers remedies to specific performance or a refund of earnest money they were entitled to damages in the amount of the difference between the contract price and the fair market value of the property where the seller thwarted the buyers right to specific performance by selling the property to another at a higher price D. holding that where no evidence was designated to show that a car buyer knew that a sale violated the rights of the dealership that owned the car the buyers were buyers in the ordinary course of business for purposes of indcode 26112019 E. holding that by his actions the seller waived the time is of the essence provision in leasewithpurchase agreement by not demanding a timely closing indeed the seller negotiated with the buyers about the condition of property for over a year accepted the buyers monthly payments for nearly seven years and never reinstated the time is of the essence provision

assistant: The best answer is B. holding that discount purchase agreements that did not require buyers to commit to buying a sellers products for any specified time period were not exclusive because buyers were free to walk away from the discounts at any time
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: Upon a Change in Control or such period prior thereto as may be established by the Committee, all Awards shall automatically vest and become payable in full. In this regard, all Restricted Periods shall terminate and all performance criteria, if any, shall be deemed to have been achieved at the maximum level.

assistant: Change In Control
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: sentence and that of her co-conspirators was unwarranted, and asserts this point of error for two reasons: “(1) to preserve the issue in the event the Supreme Court decides that under facts similar to those in this case the disparity is not warranted; and (2) ... because of the timing of her arrest and her inclusion in the case as a defendant, she was not presented with any opportunity to provide substantial assistance and therefore was not similarly situated to the co-conspirators who testified against her.” Perez was sentenced to 292 months’ imprisonment, while her co-conspirators (other than Fonceca) were sentenced to significantly lower sentences due to their assistance to the government in prosecuting this case. We rejected an argument similar to Perez’s in Duhon, 440 F.3d at 720 (<HOLDING>). Duhon noted that district courts should Options: A. holding it was reasonable trial strategy for counsel to have determined that sentencing by the court was preferable to sentencing by a jury B. holding that sentencing disparity produced by substantial assistance departures was intended by congress and is thus not a proper sentencing consideration under section 3553a6 C. holding that the district courts failure to give consideration to the sentencing disparity that would result was another reason the defendants sentence was unreasonable D. holding that sentencing enhancements and sentencing departures are not synonymous and that a waiver for upward departures imposed by the court does not permit the challenging of sentence enhancements E. holding that sentencing disparity between crack and powder cocaine is constitutional

assistant: The best answer is B. holding that sentencing disparity produced by substantial assistance departures was intended by congress and is thus not a proper sentencing consideration under section 3553a6
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: unless there is a ‘special relationship’ between the emergency personnel — police officers, firefighters, and EMTs — and an individual.” Woods v. District of Columbia, 63 A.3d 551, 559 (D.C.2013) (Oberly, J., concurring in the judgment) (quoting Allison Gas Turbine Div. of Gen. Motors Corp. v. District of Columbia, 642 A.2d 841, 843 (D.C. 1994)); Hines, supra, 580 A.2d at 136 (“[Ajbsent some ‘special relationship’ between the government and the individual, the District’s duty is to provide public services to the public at large[,]” not to any individual who emerges to seek services); id. at 139-40 (agreeing that “responses to calls for emergency assistance are simply not actionable under the public duty doctrine”); Wanzer v. District of Columbia, 580 A.2d 127, 129 & 132 (D.C. 1990) (<HOLDING>); Johnson v. District of Columbia, 580 A.2d Options: A. holding that patdown did not end the officers reasonable suspicion of the defendant and that to have sent him on his way without brief further questioning would have been unreasonable inept police work B. holding in case where claim was that the decedent would have survived his stroke if an ambulance had been sent when first summoned that the public duty doctrine barred a suit alleging negligent and inept failure to dispatch an ambulance C. holding that the special duty doctrine as an exception to the public duty doctrine was a concept distinct from immunity and did not serve to resurrect an otherwise immune claim D. holding that refund suit for tax imposed in violation of export clause filed beyond applicable period of limitations was barred where claimant had failed to first present timely administrative claim to internal revenue service even though there was little if any reason to believe that claim would have been granted E. holding that public duty doctrine barred suit against district for failure of ambulance service to respond promptly to calls for help

assistant: The best answer is B. holding in case where claim was that the decedent would have survived his stroke if an ambulance had been sent when first summoned that the public duty doctrine barred a suit alleging negligent and inept failure to dispatch an ambulance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 1. “Confidential Information” shall mean the Purpose (including the contemplated transaction), identity of, and any discussions or negotiations between, the Parties, existence of this Agreement, and any and all information whether in oral, written, graphic or electronic form, including but not limited to, data, know-how and any and all subject matter (whether patentable or not, including without limitation any derivatives thereof) pertaining to Verenium’s research, financial data, sales information, inventions, development, materials, technology, trade secrets, work in process, marketing, business plans, regulatory information and strategies, scientific, engineering and/or manufacturing processes or equipment, protocols, assays, strains, compounds, genes, gene pathways, enzymes, peptides, the commercial applications of genes, gene pathways, enzymes, peptides, accessing microbial diversity, manipulating and modifying genes and gene pathways, identifying bioactive compounds through recombinant techniques and any other elements of Verenium’s business which Verenium considers to be of value, including its present or future products, projections, sales, pricing, customers, employees, investors and contractual relationships.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: such child and his natural parents .. ■. shall cease and ... [s]uch child shall thereafter be deemed and held, to be,for every purpose the child of his parent or parents by adoption[.]” Section 453.090. Accordingly, in an adoption proceeding, unlike in a proceeding awarding custody to a parent or a third;.party, the legal rights of a natural parent are completely abrogated. Id. This “statutory abrogation extends to grandparents — parents of the natural parent whose rights were taken away” as well. In re Marriage of A.S.A., 931 S.W.2d 218, 225 (Mo.App. S.D.1996). Therefore, Section 452.375.5 does not give a grandparent a statutory right to visitation in an adoption proceeding commenced under Chapter 453. Id. at 830-31 (Mo.App. S.D.2007); See also In re E.N.C., 458 S.W.3d at 400-05 (<HOLDING>); In Matter of' Adoption of C.T.P., 452 S.W.3d Options: A. holding that section 4523755 provides that a third party may intervene in a case in which custody is at issue only in a dissolution of marriage action or a modification of a dissolution proceeding and reversing the circuit courts order permitting a grandmother to intervene in an adoption proceeding for the purposes of obtaining visitation B. holding that the modification or dissolution of an injunction in a limitation of liability proceeding is appealable as a matter of right under 1292a1 C. recognizing that court may intervene in arbitration proceeding by invoking equitable powers D. holding attorney negligence did not result in damage until dissolution order in divorce proceeding became final E. holding that order denying representation to class of future claimants in bankruptcy proceeding is equivalent to denial of request to intervene and order denying right to intervene is appealable final order

assistant: The best answer is A. holding that section 4523755 provides that a third party may intervene in a case in which custody is at issue only in a dissolution of marriage action or a modification of a dissolution proceeding and reversing the circuit courts order permitting a grandmother to intervene in an adoption proceeding for the purposes of obtaining visitation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any other provisions of this Agreement, the obligations of the Company relating to the Consulting Services under Section 2 and all payments and benefits under Sections 1(c), 1(d) and 3 (other than Sections 3(a) and (b)) are subject to the condition (the “ Release Condition ”) that the Rowley shall execute and deliver a waiver and release, in the form attached hereto as Exhibit C (the “ Release ”), to the Company, no earlier than the Date of Retirement and no later than twenty-one (21) days thereafter and that Rowley shall not exercise his right to revoke the Release during the seven (7)-day revocation period following Rowley’s execution of the Release.

assistant: Releases
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 Founder shall be entitled each year to a paid vacation of at least 4 (four) weeks and to attendance at appropriate meetings and conventions related to Employer's business of such duration and at such time as may be in accordance with the Employer's policy. Vacations shall be taken by the Founder at a time and with starting and ending dates mutually convenient to the Employer and the Founder. Vacations or portions of vacations not used in one employment year shall carry over to succeeding employment years.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: By its signature, each party hereto represents and warrants to the other parties hereto that the individual signing this Agreement on its behalf is duly authorized to execute this Agreement. The Notes Agent hereby represents that it is authorized to, and by its signature hereon does, bind the other Note Claimholders to the terms of this Agreement. The ABL Agent hereby represents that it is authorized to, and by its signature hereon does, bind the other ABL Claimholders to the terms of this Agreement. The Initial Additional First Lien Agent hereby represents that it is authorized to, and by its signature hereon does, bind the other related Series of Additional First Lien Claimholders to the terms of this Agreement.

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: You have been offered the position of Senior Vice President and Chief Financial Officer. In this capacity, you will report to John McDonough, Chief Executive Officer. Your duties and responsibilities will include all those customarily attendant to such a position, and any other such duties or responsibilities that John McDonough or the Company may, from time to time, assign to you. You agree that you shall not enter into any employment endeavors which may conflict with your ability to devote the necessary time and energies to the Company’s business interest while engaged by the Company. You further agree to comply with all applicable laws and with all Company rules and policies established by the Company from time to time.

assistant: Positions