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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: citizen, brought suit in federal court against Brown, a Connecticut citizen, alleging assault and battery. In response to Brown’s interrogatory asking Lar-kin to state the total amount of damages that he sought, Larkin stated $50,000, which, as the court of appeals noted, was “a penny shy” of the then-existing amount-in-eontro-versy requirement. 41 F.3d at 389. The Eighth Circuit affirmed the district court’s decision granting Brown’s motion to dismiss for lack of jurisdictional requirement, observing that “[i]n determining the amount in controversy pursuant to a motion to dismiss, answers to interrogatories serve as the equivalent of affidavits to either support or defeat diversity jurisdiction.” Id. (emphasis added); see also Hardemon v. City of Boston, 144 F.3d 24, 27 (1st Cir.1998) (<HOLDING>). As defendant itself acknowledges, Missouri Options: A. holding that the district court erred in not determining whether the amount in controversy necessary to create diversity jurisdiction was met at the time of removal B. holding that when a defendant raises an amountincontroversy challenge to diversity jurisdiction the plaintiff can meet his burden of proving jurisdiction by amending the pleading or by submitting affidavits which sufficiently substantiate the alleged amount in controversy C. holding that district court can exercise supplemental jurisdiction over a coplaintiff claim that fails to meet the amount in controversy requirement D. holding that postremoval affidavits can be considered in determining the amount in controversy if jurisdiction is ambiguous at the time of removal E. holding that the burden is on defendant as the party invoking removal jurisdiction to establish the existence of a sufficient amount in controversy

assistant: The best answer is B. holding that when a defendant raises an amountincontroversy challenge to diversity jurisdiction the plaintiff can meet his burden of proving jurisdiction by amending the pleading or by submitting affidavits which sufficiently substantiate the alleged amount in controversy
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 hereto acknowledge and agree that this Agreement and the other documents entered into in connection therewith and herewith do not constitute a novation of the Obligations (as defined under the Existing Guarantee and Collateral Agreement) or any security interests and the liens and security interests created under the Existing Guaranty and Collateral Agreement shall continue to be in full force and effect as amended, restated and modified hereby, except that, from and after the date hereof, each reference in any such Finance Document to the “Guarantee and Collateral Agreement” shall be deemed to mean this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by the Company and each Subsidiary of the Transaction Documents, the issuance and sale of the Securities, and the consummation of the transactions contemplated by the Transaction Documents to which the applicable entity is a party (i) do not and will not, subject to receipt of the Required Approvals, conflict with or violate any provision of the Company’s or any Subsidiary’s certificate or articles of incorporation, bylaws or other organizational or charter documents, or (ii) do not and will not conflict with, or constitute a default (or an event that with notice or lapse of time or both would constitute a default) under, result in the creation of any Lien upon any of the properties or assets of the Company or any Subsidiary, or give to others any rights of termination, amendment, acceleration or cancellation (with or without notice, lapse of time or both) of, any agreement, credit facility, debt or other instrument (evidencing a Company or Subsidiary debt or otherwise) or other understanding to which the Company or any Subsidiary is a party or by which any property or asset of the Company or any Subsidiary is bound or affected, or (iii) subject to receipt of the Required Approvals, do not and will not conflict with or result in a violation of any law, rule, regulation, order, judgment, injunction, decree or other restriction of any court or governmental authority to which the Company or a Subsidiary is subject (including federal and state securities laws and regulations), or by which any property or asset of the Company or a Subsidiary is bound or affected; except in the case of each of clauses (ii) and (iii), such as could not reasonably be expected to result in a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: A. 598 (1935), this Court held that a graduated-rate income tax violated the Uniformity Clause. The statute in that case taxed income below $5,000 at a rate of 2%, income between $5,000 and $10,000 at a rate of 2.5%, and income between $10,000 and $25,000 at a rate of 3%. The Kelley Court explained that the tax was non-uniform because it “resulted] in taxing those whose incomes arise above a stated figure merely for the reason that in the discretion of the Legislature their incomes are sufficiently great to be taxed.” Id. at 602. Relying upon Kelley, we subsequently struck down a city ordinance that taxed “every individual engaged in an occupation ... whose gross earnings would amount to $600 or more during the year.” Saulsbury v. Bethlehem Steel Co., 413 Pa. 316, 196 A.2d 664 (1964) (<HOLDING>). More recently, in Amidon, supra, this Court Options: A. recognizing that the equal protection clause proscribes discrimination against whiteanglos B. holding that a graduatedrate income tax violates the uniformity clause C. holding that the statement of current monthly income was the presumptive amount of projected disposable income but presumption could be rebutted by the debt or upon a showing of substantial change of circumstances D. holding that unlike the uniformity clause the united states constitution does not require equalization across all potential subclassifications of real property E. holding that the uniformity clause proscribes the unequal treatment of certain individuals based upon their income

assistant: The best answer is E. holding that the uniformity clause proscribes the unequal treatment of certain individuals based upon their income
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Buyer has all necessary power and authority to execute and deliver this Agreement and to consummate the transactions contemplated hereby. The execution and delivery of this Agreement and the consummation of the transactions contemplated hereby have been duly authorized by all necessary action on the part of Buyer and no other proceeding on the part of Buyer is necessary to authorize this Agreement or to consummate the transactions contemplated hereby. This Agreement has been duly and validly executed and delivered by Buyer and constitutes a valid, legal and binding agreement of Buyer (assuming that this Agreement has been duly and validly authorized, executed and delivered by the other parties thereto), enforceable against Buyer in accordance with its terms, except (a) to the extent that enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other Laws affecting the enforcement of creditors’ rights generally and (b) that the availability of equitable remedies, including specific performance, is subject to the discretion of the court before which any proceeding thereof may be brought.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in the service , you may purchase , with `` real world '' money , a limited , personal , non-transferable , non-sublicensable , revocable license to use ( a ) `` virtual currency , '' including but not limited to virtual gems , solely for use in the service , and ( b ) `` virtual in-app items '' ( together with `` virtual currency , '' `` virtual items '' ) .

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: 5. In the event that the Receiving Party is required by applicable law or regulation or by legal process to disclose any of the Information, the Receiving Party agrees that it will provide the Providing Party with prompt written notice of such request(s) prior to the required disclosure and the Providing Party shall use reasonable efforts, at its own expense, to seek a protective order or other appropriate remedy.

assistant: No
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 covenants, agreements, representations and warranties made by the Loan Parties in the Loan Documents and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of the Loan Documents and the making of any Loans and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent, any Issuing Bank or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid or any Letter of Credit is outstanding and so long as the Commitments have not expired or terminated. The provisions of Sections 2.14, 2.15, 2.16 and 9.03 and Article VIII shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Letters of Credit and the Commitments or the termination of this Agreement or any other Loan Document or any provision hereof or thereof.

assistant: Survival
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 Warrant, together with the Amendment and Exchange Agreement, constitutes the sole and entire agreement of the parties to this Warrant with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements in the body of this Warrant, the Subscription Agreement, the statements in the body of this Warrant shall 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 legal provision and list the applicable contract clause categories. Provision: This Agreement and any non-disclosure agreements entered into by any of the parties hereto in connection with the Purchased Loans and the transactions contemplated under this Agreement that explicitly survive the consummation of the transactions contemplated hereunder constitute the entire understanding between the parties hereto with respect to the Purchased Loans and supersede all prior or contemporaneous oral or written communications regarding same. The parties hereto understand and agree that no employee, agent or other representative of a party has any authority to bind such party with respect to any statement, representation, warranty or other expression unless said statement, representation, warranty or other expression is specifically included within the express terms of this Agreement.

assistant: Survival
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 agreements in this Section 10.04 shall survive the resignation of the Administrative Agent, any other Agent and/or any L/C Issuer, the replacement of any Lender, the termination of the Commitments of all of the Lenders and the repayment, satisfaction or discharge of all the other Obligations.

assistant: Survival
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: (1) There has been furnished to each of the Lenders an audited consolidated balance sheet of the Borrower and its Subsidiaries as at the Balance Sheet Date, and consolidated statements of income and cash flow of the Borrower and its Subsidiaries for the fiscal year then ended, certified by Ernst & Young LLP. Such balance sheet and statements of income and cash flows have been prepared in accordance with GAAP and fairly present the financial condition of the Borrower and its Subsidiaries as at the close of business on the date thereof and the results of operations for the fiscal year then ended. There are no contingent liabilities of the Borrower or any of its Subsidiaries as of such date involving material amounts, known to the officers of the Borrower, which were not disclosed in such balance sheet and the notes related thereto.

assistant: Financial Statements
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: concluded that Shar-farz failed to prove that Goguen intended to cause injury as required by § 523(a)(6). See 11 U.S.C.§ 523(a)(6). 4 . Goguen also moved for reconsideration of the bankruptcy court determination, which was denied. He did not appeal the denial of reconsideration. 5 . Ordinarily, a separate written judgment is required in a dischargeability action as evidence of the final determination. See Fed.R.Civ.P. 58(a), Fed. R. Bankr.P. 7058 and 9021. The bankruptcy court did not enter a separate judgment in this case. However, the order denying reconsideration evidences its intent not to address any further matters in the case. Moreover, Goguen has not raised the absence of a separate judgment. See Bankers Trust Co. v. Mallis, 435 U.S. 381, 98 S.Ct. 1117, 55 L.Ed.2d 357(1978) (<HOLDING>); de Jesus-Mangual v. Rodriguez, 383 F.3d 1, 5 Options: A. holding that instances of prosecutorial misconduct are waived if not objected to at trial B. recognizing that a party opposing a claim may choose the forum in the absence of objection C. holding that when the lower court has clearly evidenced its intent and the opposing party has not objected to the absence of a separate judgment the requirements of rule 58 are waived D. holding that the party moving for summary judgment waived its argument that the opposing partys affidavit should not be considered because the moving party never objected to the timeliness of the affidavit to the trial court E. recognizing that the burden on summary judgment shifts to the nonmoving party once the moving party has met its initial responsibility of showing the absence of a triable issue of fact and that the moving party is entitled to summary judgment if the nonmoving party fails to make a sufficient showing on an essential element of the case

assistant: The best answer is C. holding that when the lower court has clearly evidenced its intent and the opposing party has not objected to the absence of a separate judgment the requirements of rule 58 are waived
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 PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY 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 12.14.

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: firearm in violation of § 5861(d), the court stated: “The term ‘firearm’ is not used in its conventional sense; instead it is specifically defined for purposes of the National Firearms Act.” As the Supreme Court has observed, the National Firearms Act as amended in 1968 “is a regulatory measure in the interest of public safety.” United States v. Freed, 401 U.S. 601, 609, 91 S.Ct. 1112, 28 L.Ed.2d 356 (1971); see United States v. Walsh, 791 F.2d 811, 820 (10th Cir.1986). Contrary to Dwyer’s assertion, possession of an unregistered weapon is not akin to ‘simple’ possession. Rather, the statute making possession of an unregistered weapon illegal is targeted at specific weapons deemed to be particularly dangerous. See United States v. Rivas-Palacios, 244 F.3d 396, 397 (5th Cir.2001) (<HOLDING>); United States v. Brazeau, 237 F.3d 842, 845 Options: A. holding possession of an unregistered firearm is presumptive evidence of unlawful violent intentions and therefore involves the substantial risk of violence necessary to label the possession a crime of violence B. holding unlawful possession of any unregistered firearm involves a substantial risk that physical force against the person or property of another will occur C. holding that in a prosecution for possession of an unregistered firearm evidence of an armed robbery committed with the firearm was admissible D. holding that kidnapping involves a serious potential risk of physical injury to the kidnapped person E. holding that exception did not apply to uncharged federal offense of unlawful possession of unregistered firearm even though defendant already had pending state charge of armed robbery involving the same weapon

assistant: The best answer is B. holding unlawful possession of any unregistered firearm involves a substantial risk that physical force against the person or property of another will occur
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: Long failed to establish a legitimate expectation of privacy in East Clay. The district court found that although there were indicia of Long’s residing at East Clay, such as photographs of the defendant with his family and male clothing that may have been his, these indicia did not establish Long’s privacy interest in East Clay. The district court did not err in finding that Long failed to present sufficient evidence to establish either his residency or reasonable expectation of privacy in East Clay. Two previous cases of this Court have held that miscellaneous indications that a defendant had been in a residence are insufficient to establish a legitimate expectation of privacy and thus standing to challenge the search. See United States v. Sarkisian, 197 F.3d 966, 987 (9th Cir.1999) (<HOLDING>); United States v. Armenta, 69 F.3d 304, 308-09 Options: A. holding that a hotel guest has a legitimate expectation of privacy in his room during the period of time for which the room is rented B. holding that defendant had reasonable expectation of privacy in a hotel room rented by relatives when he had a key to the room and permission to use the room at will C. holding that defendants who failed to claim interest in items seized from search of a rented storage room and who merely possess the authority to access the room but do not use it without more lack fourth amendment standing to challenge an unlawful search of that area D. 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 E. holding that the defendants unlawful arrest in his hotel room rendered his subsequent consent to the search of his room invalid even though he signed a consent form allowing the search after his arrest because the government completely failed to address whether there was a break in the causal relationship between the unlawful arrest and the subsequent search

assistant: The best answer is C. holding that defendants who failed to claim interest in items seized from search of a rented storage room and who merely possess the authority to access the room but do not use it without more lack fourth amendment standing to challenge an unlawful search of that area
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: There is no litigation, investigation or proceeding of or before any arbitrator, mediator or any governmental authority or, to Borrower’s knowledge, threatened by or against Borrower or against any of any Borrower’s assets, properties or revenues: (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby, or (b) that could reasonably be expected to have a material adverse effect on the Mortgaged Property or Borrower.

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: All representations, warranties, covenants and agreements of the Parties in this Agreement or any other certificate or document delivered pursuant to this Agreement will survive the Closing indefinitely subject to the following sentence. Notwithstanding the foregoing, Orgenesis Parent will have no liability with respect to any claim under Section 6.1(a)(i) unless Investor notifies Orgenesis Parent of such a claim on or before the date that is eighteen (18) months after the Closing Date (the “General Survival Date”); provided , however , that (a) any claim relating to any representation made in Section 3.9 (Legal Compliance) may be made at any time until the date that is three (3) years after the Closing Date, (b) any claim relating to any representation made in Sections 2.1(c) (Brokers’ Fees), 3.5 (Brokers’ Fees), 3.6 (Assets), 3.10 (Tax Matters), 3.12 (Intellectual Property), and 3.18 (Debt) may be made at any time until the date that is seven and a half (7.5) years after the Closing Date and, (c) any claim relating to any representation made in Sections 2.1(a) (Authorization of Transaction), 2.1(d) (Company Securities), 2.1(f) (Reorganization), 2.1(g) (Subsidiaries), 3.1 (Organization, Qualification, and Power), 3.2 (Authorization of Transaction), and 3.3 (Capitalization and Subsidiaries) may be made at any time without limitation (collectively, the representations and warranties described in clauses (a), (b) and (c) are referred to as the “ Excluded Representations ”) and (d) any claim related to intentional or fraudulent breaches of the representations and warranties may be made at any time without limitation. Investor will have no liability with respect to any claim for any breach or inaccuracy of any representation or warranty in this Agreement unless Orgenesis Parent notifies Investor of such a claim on or before the General Survival Date. Notwithstanding anything to the contrary contained herein, if Investor or Orgenesis Parent, as applicable, provides notice of a claim in accordance with the terms of this Agreement within the applicable time period set forth above, then liability for such claim will continue until such claim is fully resolved.

assistant: Survival
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 rights in and to all United States, Canadian and foreign patents, tradenames, trademarks, corporate names, service marks, copyrights, domain names and/or applications therefor and the like, and all other intellectual property of any kind or nature, whether arising under statute, common law or otherwise, registered or unregistered, including, without limitation, the Intellectual Property.

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 case excerpt and choose the best holding from the options. Case excerpt: from cross-industry salary surveys, the court found that this expert opinion failed to "address the main question confronting the Court — whether members of the Proposed Class are sufficiently cohesive with respect to the employment opportunities available to them.” Id. at *10. 10 . To be sure, the court in Fleischman adhered to its decision to deny class certification as to the issues of antitrust impact and damages, even after the plaintiffs in that case retained Dr. Ashenfelter as an additional expert whose benchmark analysis offered a means by which the plaintiffs could potentially establish antitrust impact and damages through common proof. This ruling, however, was based in part on procedural considerations that are not pertinent here. See Fleischman, 2010 WL 681992 at *3 (<HOLDING>). To the extent that the court further Options: A. holding that the plaintiffs were not permitted to present a new benchmark analysis from dr ashenfelter that rested upon previously discoverable data B. holding that plaintiffs state claims were not preempted because defendant failed to show that these claims rested on standards other than those permitted by the fda C. holding that the drafting history of operative language from a general liability policy is discoverable when ambiguity in policy has not been resolved D. holding that material submitted by appellant that is cumulative of evidence previously of record is not new E. holding that new evidence is evidence not previously of record and not merely cumulative of other evidence

assistant: The best answer is A. holding that the plaintiffs were not permitted to present a new benchmark analysis from dr ashenfelter that rested upon previously discoverable data
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 final judgment. However, as the Former Wife correctly argues, the attorney’s , fee award was a post-judgment order that was not overturned by the appeal of the underlying judgment of dissolution. First, this court, and the Florida Supreme Court, would have likely declined to exercise jurisdiction to review the attorney’s fee award because it was not ripe for review when the Former Husband appealed the final judgment. See Carlson v. Carlson, 696 So.2d 1332, 1333 (Fla. 4th DCA 1997) (citing Ritchie v. Ritchie, 687 So.2d 1358 (Fla. 4th DCA 1997)) (concluding that the attorney’s fee issue was not ripe for review, as the amount of fees had not yet been determined); Widom v. Widom, 679 So.2d 74, 75 (Fla. 4th DCA 1996) (citing Winkelman v. Toll, 632 So.2d 130 (Fla. 4th DCA 1994)) (<HOLDING>). Second, neither this court’s decision, nor Options: A. holding that although the trial courts failure to determine amount of fees does not render underlying order nonfinal the fee award itself is not reviewable until the amount is determined B. recognizing discretion of district court in determining a fee award C. recognizing that an attorneys fee award does not become final and ripe for review until the amount is set D. holding that when a litigant does not appeal the fee award it becomes final and can be set aside only through a motion for relief E. holding that an attorneys fees award is not appealable until the amount of the award is set

assistant: The best answer is C. recognizing that an attorneys fee award does not become final and ripe for review until the amount is set
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: by the grand jury. Although appellant did not sign the May 10, 1983, bid for which he was indicted, he knew and approved of Nurre’s submitting it. The record discloses nothing unusual about the lack of appellant’s signature on the bid. Even though appellant did not personally sign the May 10, 1983, bid, his prior ac-quiesence and approval makes him liable in the eyes of the law with the signer, Nurre. Under the law, “person[s] may be held criminally liable as an aider and abettor without actively participating in the overt act constituting the primary offense; moreover, criminal intent may be inferred from * * * conduct before and after the offenses are committed.” State v. Goodridge, 352 N.W.2d 384, 389 (Minn.1984) (emphasis added); State v. Strimling, 265 N.W.2d 423, 429 (Minn.1978) (<HOLDING>). The transcript from the plea hearing Options: A. holding corporate officer liable as aider and abettor in filing of false reports even though reports were not authorized or approved of by officers B. holding that a masters findings do not become binding until approved by a judge of the court to which he reports C. holding that court was within its discretion to refuse to consider reports that did not meet the supreme courts standards for admitting reports into evidence D. holding that expert reports were not required to mention the defendant hospital because reports were based upon the actions of hospital physicians E. holding that the relator stated an fca claim where the contractor filed false reports necessarily knowing that they were false because it in fact had no mechanism in place to identify covered individuals it did so in order to procure contracts and obtain payment under existing contracts as it could do neither without filing the reports

assistant: The best answer is A. holding corporate officer liable as aider and abettor in filing of false reports even though reports were not authorized or approved of by officers
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: job was to recruit Missouri residents situated in Missouri. The representative recommended Hawley be approved, and an Admissions Representative Agreement (agreement) was mailed to Hawley. Haw-ley signed the agreement on November 16, 1996, in Missouri. The agreement was subsequently mailed to Appellant’s President, for the “final say,” and he executed the agreement on December 2, 1996, in his office in Kissimmee, Florida. Hawley was then trained exclusively in Missouri. Tragically, Hawley was shot and killed in Missouri while attempting to make one of his first calls. The agreement provided Appellant was to pay Hawley a commission if Hawley successfully recruited students for Appellant’s school; to provide Hawley with an opportunity to participate in Appellant 6 (Fla. 5th DCA 1982) (<HOLDING>). Here, Hawley and Appellant clearly made Options: A. holding that test for whether two offenses are not the same is whether each offense requires proof of a fact that the other does not B. holding that mutuality of obligation is essential for contracts based on mutual promises and that a contract is unenforceable where a party is free to perform or not perform the contract C. holding mutual assent in contract law is elementary and it must be expressed by the parties D. holding mutuality of obligation is essential to the formation of a bilateral contract E. holding a contract is bilateral where it contains mutual promises made in exchange for each other by each of the two contracting parties

assistant: The best answer is E. holding a contract is bilateral where it contains mutual promises made in exchange for each other by each of the two contracting parties
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 corporate action on the part of Licensor, its officers, directors and stockholders necessary for the authorization, execution and delivery of this Agreement and the performance of all obligations of the Licensor hereunder has been taken, and this Agreement has been duly executed and delivered by the Licensor and constitutes a valid and legally binding obligation of the Licensor, enforceable in accordance with its terms.

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: Each of Lenders and Issuing Banks hereby irrevocably appoints Bank of America to act on its behalf as Administrative Agent hereunder and under the other Loan Documents and authorizes Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Section 12 are solely for the benefit of Administrative Agent, Lenders and Issuing Banks and neither Borrowers nor any other Obligor shall have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any Applicable Law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

assistant: Authority
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: because the accident originated on a drilling platform off the coast of Texas, and OCSLA situs, federal maritime law does not apply of its own force because Torres was not a maritime employee and his profession had not significant relation to a traditional maritime activity, and, as will be discussed, the applicable Texas law is not inconsistent with federal law. Smith v. Pan Air Corp., 684 F.2d 1102, 1110 (5th Cir.1982) (“[W]e have applied OCSLA and, consequently, state law, to incidents in which platform works who were the victims of torts originating on these artificial islands were not ac 340, 352 (5th Cir.1999) (work modifying offshore platform bears no significant relation to traditional mari time activity); In re Dearborn Marine Serv., Inc., 499 F.2d 263, 272-76 (5th Cir.1974) (<HOLDING>). Shell cannot be liable for the condition or Options: A. holding that wrongful death actions asserted under admiralty jurisdiction lie under general maritime law for death caused by violation of maritime duties and are not limited to standards of liability created by state law B. holding that platform workers death caused by an explosion on a platform bore no significant relation to maritime law even though the death occurred while the worker was located on a vessel in navigable waters C. holding offshore platform worker not engaged in maritime employment D. holding that a jetski injury met the second prong because the activity in question operating a vessel in navigable waters has a maritime connection E. holding that federal maritime law and not state law applies to all actions for wrongful death in navigable state waters

assistant: The best answer is B. holding that platform workers death caused by an explosion on a platform bore no significant relation to maritime law even though the death occurred while the worker was located on a vessel in navigable waters
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 hereto agree that if at any time any change in GAAP (including the adoption of IFRS) or in the business or the accounting practices of HA INC would affect in a material way the computation of any financial ratio set forth herein or any component of such ratio, including the computations for the “Net Investment Revenue”, “ Interest Income, financing receivable”, “Interest income, investments“, “Rental Income”, “Core equity method investment earnings” or “interest expense”, and either the Guarantors or the Administrative Agent shall so request, the Administrative Agent and the Guarantors shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP or the business or accounting practice; provided that, until so amended pursuant to such request, (i) such ratio or requirement shall continue to be computed in accordance with past practice or GAAP prior to such change therein and (ii) the Guarantors shall provide to the Administrative Agent and the Lenders as reasonably requested hereunder, a reconciliation between calculations of such ratio or requirement made before and after giving effect to such change in GAAP or past practice.

assistant: Financial Statements
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 defendant says okay I did the kidnapping. Okay, I committed the sexual act. It was awful but I didn’t mean to kill her. Hence felony murder.” The second problem with defendant’s argument is that, if the requested instruction had been given, the trial court effectively would have directed a verdict on all counts except for purposeful- or-knowing murder. Of course, defendant had the right to plead guilty to any or all of the noncapital charges, but he elected not to do so as was his constitutional right. By invoking his right to trial by jury on all counts, he endowed the jury with the role of factfinder. The court thus was not in a position to instruct the jury about what facts to find and what conclusions to draw. Cf. United States v. Urbana, 412 F.2d 1081, 1083 (5th Cir.1969) (<HOLDING>); Merrill v. United States, 338 F.2d 763, Options: A. holding that omission was not plain error B. holding that plain error exists when 1 an error was committed 2 that was plain 3 that affected the defendants substantial rights and 4 the error seriously affects the fairness integrity or public reputation of judicial proceedings C. holding that instruction that omitted elements of crime that defense had conceded was error although not plain error D. holding that it was not plain error for the court not to give a self defense jury instruction where the defendant did not request one E. holding that any error was harmless and thus not plain error

assistant: The best answer is C. holding that instruction that omitted elements of crime that defense had conceded was error although not plain error
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall terminate upon the earlier to occur of (a) such time as SV3 and its Affiliates Beneficially Own less than (i) [_______] 5 of the outstanding Ordinary Shares and (ii) one percent (1%) of the outstanding Ordinary Shares, or (b) the delivery of written notice to the Company by SV3, requesting the termination of this Agreement. Further, at such time as any party hereto no longer Beneficially Owns any Ordinary Shares, all rights and obligations of such party under this Agreement shall terminate.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Buyer shall pay (a) the cost of all endorsements and any extended or affirmative coverage obtained by Buyer under the Title Policy; (b) the cost of the New Surveys; (c) one-half (1/2) of all escrow fees and expenses charged by Escrow Agent; and (d) all recording fees on any conveyance document recorded pursuant to this Agreement (excluding the cost of recording any document required to cure a Defect). Seller shall pay (a) all state and county transfer taxes with respect to the transaction contemplated hereby; (b) the cost of the base owner’s policy premium charged by the Title Company for the Title Policy; (c) one-half (1/2) of all escrow fees and expenses charged by the Escrow Agent; and (d) the cost of recording any document required to cure a Defect.

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: Waiver of Jury Trial . Employee agrees that the provisions of this Agreement shall be construed in accordance with the internal laws of the State of New York, without regard to the conflict of law provisions of any state. Both parties hereby waive any right to a jury trial .

assistant: Jurisdictions
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 Sublease may be executed in one or more counterparts, all of which shall be considered one and the same agreement, and shall become effective when one or more such counterparts have been signed by each of the parties hereto and delivered to each of the other parties hereto. The exchange of signature pages by facsimile or portable document format (.pdf) transmission shall constitute effective delivery of such signature pages and may be used in lieu of the original signature pages for all purposes.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 1999, she did receive that review in November, after Compuware took measures to correct the lapse. Although the review noted several performance deficiencies, Compuware nonetheless awarded Ms. Thomas a 4% increase, made retroactive to September when the salary review should have been completed. And, although Ms. Thomas complains that the amount of the salary increase was less than other employees received, she has presented no evidence that the increase was outside the range for which she was eligible. Neither a late but retroactive pay raise, nor a pay raise within the applicable range but less than the employee subjectively believes she deserved, constitutes a “materially adverse employment action.” See Kocsis v. Multi-Care Management, Inc., 97 F.3d 876, 886-87 (6th Cir.1996) (<HOLDING>). We note, for the record, that in White v. Options: A. holding that a lateral transfer without a loss in benefits does not constitute an adverse employment action B. holding that termination is an adverse employment action C. holding that a materially adverse action is of the magnitude of a termination of employment or a decrease in salary or a material loss in benefits D. holding that in order to constitute a materially adverse change in the terms of plaintiffs employment a transfer must include either diminished responsibilities a demotion evidenced by a change in salary title or benefits or other indices unique to the particular situation E. holding that a negative criticism or performance evaluation unaccompanied by a materially adverse change in the terms or conditions of employment does not constitute adverse employment action

assistant: The best answer is C. holding that a materially adverse action is of the magnitude of a termination of employment or a decrease in salary or a material loss in benefits