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: to Young, falls short of the required showing necessary to establish that his claim reasonably grew out of the EEOC charge. For a charge to grow out of an ensuing investigation, the plaintiffs EEOC charge must, at a minimum, relate facts that would prompt the EEOC to consider or investigate other forms of discrimination. See Haithcock v. Frank, 958 F.2d 671 (6th Cir.1992) (noting that plaintiffs complaint contained factual predicates that supported court review of allegations of race and disability discrimination). The facts set forth in Young’s charge explicitly limit his allegation to that of age discrimination and there is no evidence to conclude that the EEOC uncovered facts that would suggest otherwise. See Abeita v. Trans-America Mailings, Inc., 159 F.3d 246 (6th Cir.1998) (<HOLDING>). Viewing the determination letter as a whole, Options: A. holding that a title vii retaliation claim was not properly before the court because although the plaintiff had not been fired when he filed his complaint the plaintiff never amended his complaint to include a claim of retaliation based on his termination B. holding that a claim of retaliation for filing eeoc charges is cognizable under 1981 C. holding court did not have jurisdiction to hear plaintiffs retaliation claim where plaintiff did not check the retaliation box or describe anything that indicates such a claim in the eeoc complaint D. holding retaliation claim not reasonably related to discrimination charges where eeoc complaint set forth retaliation as a motive for plaintiffs termination and not as a motive for plaintiffs overtime assignments E. holding plaintiff did not exhaust his retaliation claim where his eeoc charge made no mention of retaliation

assistant: The best answer is C. holding court did not have jurisdiction to hear plaintiffs retaliation claim where plaintiff did not check the retaliation box or describe anything that indicates such a claim in the eeoc complaint
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: state court’s decision constituted an unreasonable application of clearly established federal law. The district court concluded that admission of DNA test results as business records deprived Valentine of his rights under the Sixth Amendment’s Confrontation Clause. We conclude that the state appellate court’s determination that the DNA test results had sufficient indicia of reliability to satisfy the Confrontation Clause was a reasonable application of the clearly established law of Ohio v. Roberts, 448 U.S. 56, 65-66, 100 S.Ct. 2531, 65 L.Ed.2d 597, (1980). Under Roberts, business records are generally considered sufficiently reliable to survive a Confrontation Clause challenge. 448 U.S. at 66 n. 8, 100 S.Ct. 2531; see also United States v. Miller, 830 F.2d 1073, 1077 (9th Cir.1987) (<HOLDING>). The record at issue was prepared in the Options: A. holding that doctrine does not violate right of confrontation B. holding prior statement subject to crossexamination when made does not violate confrontation clause C. holding coconspirator hearsay exception does not violate confrontation clause D. holding that the confrontation clause does not apply to the sentencing hearing E. holding that admission of business records does not violate the confrontation clause under roberts

assistant: The best answer is E. holding that admission of business records does not violate the confrontation clause under roberts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the government contractor defense in a subsequent lawsuit. Here, however, Mr. Hayashi’s e-mail to Mr. Jarrett cannot be similarly characterized as a specification of Defendant JTSI’s obligation under the contract for security and information services. II. Count II: Wrongful Termination in Violation of Public Policy Plaintiffs also claim that they were terminated in violation of public oth a Common Law Parnar Claim and a Claim Under § 378-62 Simultaneously Although Parnar claims may be brought where there would otherwise be no remedy for wrongful termination, Parnar claims are generally duplicative, and thus disallowed, where statutes and regulations creating the public policy have their own built in remedy. See Ross v. Stouffer Hotel Co., 76 Hawaii 454, 464, 879 P.2d 1037, 1047 (1994) (<HOLDING>); see also Batacan v. Reliant Pharmaceuticals, Options: A. holding that public policy claims are unavailable where the statute in question provides the employee with a wrongful discharge remedy B. recognizing tort of wrongful discharge in violation of public policy C. holding that federal law can provide source of state public policy for determining whether discharge of employee violated clear mandate of public policy D. holding that where statutory or regulatory provisions which evidence the public policy themselves provide a remedy for the wrongful discharge provision of a further remedy under the public policy exception is unnecessary E. holding a claim for wrongful termination in violation of public policy is not available where the employee has an existing statutory remedy

assistant: The best answer is D. holding that where statutory or regulatory provisions which evidence the public policy themselves provide a remedy for the wrongful discharge provision of a further remedy under the public policy exception is unnecessary
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterpart signature pages, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement, which shall be binding upon all of the parties hereto notwithstanding the fact that all parties are not signatory to the same counterpart. The exchange of copies of this Agreement and of signature pages by facsimile transmission, by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original signature.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Each of the Lenders (in its capacities as a Lender, potential Hedge Bank and potential Cash Management Bank) and the L/C Issuer hereby irrevocably appoints Bank of America to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Article are solely for the benefit of the Administrative Agent, the Lenders and the L/C Issuer, and neither the Company nor any other Loan Party 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 the 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you do not agree with the price changes , you have the right to reject the change by unsubscribing from the spotify service prior to the price change going into effect .

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: The Loan Documents have been duly executed by Borrower and delivered to Agent and constitute legal, valid and binding obligations of Borrower, enforceable in accordance with their terms, except as enforceability may be limited by any bankruptcy, insolvency, reorganization, moratorium or other laws or equitable principles affecting creditors’ rights generally.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company agrees to defend and indemnify Employee for any and all claims or causes of action brought against Employee by a third party arising out of or in connection with his employment with the Company, provided that Company is not obliged to indemnify Employee in connection with any judgment entered against him based upon Employee’s gross negligence, intentional misconduct, fraud, or criminal misconduct. Employee may select counsel to defend the claim or cause of action and shall notify the Company of any such claim or cause of action within ten (10) days of his knowledge of such claim or cause of action. Company is not obliged to reimburse Employee for any costs of defense incurred prior to its receipt of notice of the claim or cause of action and is not obliged to indemnify Employee against any loss or liability under this paragraph if it receives notice after the ten (10) day period and the defense of the claim or cause of action was materially prejudiced by such delayed notice.

assistant: Indemnifications
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 Settlement Agreement constitutes the entire agreement and understanding between the Settling Parties with respect to the subject matter hereof, and there are no representations, understandings, or agreements relative hereto which are not fully expressed herein. This Settlement Agreement may not be modified, altered, or amended in whole or in part except by a written instrument executed by each Settling Party.

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: Notices and communications hereunder must be in writing and either personally delivered or sent by registered or certified United States mail, return receipt requested, postage prepaid. Notices to the Company must be addressed to Roper Technologies, Inc., 6901 Professional Parkway East, Suite 200, Sarasota, Florida 34240; Attn: Secretary, or any other address designated by the Company in a written notice to Grantee. Notices to Grantee will be directed to the address of Grantee then currently on file with the Company, or at any other address given by Grantee in a written notice to the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties recognize and agree that each party has relied on this Agreement and expended considerable effort and resources related to the transactions contemplated hereunder, that the rights and benefits conferred upon Buyer and Seller herein are unique, and that damages may not be adequate to compensate either party in the event the other party refuses to consummate the transactions contemplated hereunder in accordance with the terms and conditions hereof. The parties therefore agree that, in addition to any and all remedies expressly set forth herein, prior to Closing Buyer and Seller shall each be entitled, at its option and in lieu of terminating this Agreement pursuant to Section 10.1, to have this Agreement specifically enforced by a court of competent jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: disabled to the extent he would not be able to function in prison or in the population upon release without control of his delusional disorder.” Citing United States v. McAllister, 969 F.Supp. 1200, 1207-08 (D.Minn.1997), Green argues that “[i]f the ‘gravely disabled’ language in the [Policy] were not read to require a showing of dangerousness within the institution, the [Policy] would be unconstitutional under the Due Process Clause.” True, Harper's specific holding is that Due Process allows an inmate to be treated “if [he] is dangerous to himself or others” and (2) when “the treatment is in the inmate’s medical interest.” Harper, 494 U.S. at 227, 110 S.Ct. 1028. The Harper opinion does not make these criteria the only basis for involuntary medication. See id. at 227, 110 S.Ct. 1028 (<HOLDING>). The Supreme Court has explained that an Options: A. holding that the due process clause permits the state to involuntarily treat a prison inmate who is seriously mentally ill if the inmate is dangerous to himself or others and the treatment is in the inmates medical interest B. holding that inmate has a liberty interest under the due process clause to refuse the involuntary administration of psychotropic drugs C. holding that the due process clause permits the state to treat a prison inmate with antipsychotic drugs against his will under certain circumstances while not limiting treatment to those circumstances D. holding that prisoners possess a significant liberty interest in avoiding the unwanted administration of antipsychotic drugs under the due process clause of the fourteenth amendment and identifying procedures which comported with due process E. holding that the due process clause permits the state to treat a prison inmate who has a serious mental illness with antipsychotic drugs against his will if the inmate is dangerous to himself or others and the treatment is in the inmates medical interest

assistant: The best answer is C. holding that the due process clause permits the state to treat a prison inmate with antipsychotic drugs against his will under certain circumstances while not limiting treatment to those circumstances
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 Asset Representations Reviewer owns or has the right to use all software, designs, utilities, tools, models, systems and other methodologies and know how that the Asset Representations Reviewer may use in performing its obligations under this Agreement and such usage shall not infringe upon the rights of any third party or violate any applicable laws.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The failure of a party to insist upon strict adherence to any term of this Plan on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Plan.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in the Plan or herein, this Agreement shall be construed and enforced according to the laws of the State of Georgia, without regard to the conflict of laws provisions of any state, and in accordance with applicable federal laws of the United States. The Company and the Participant agree that any dispute arising from this Agreement shall be resolved only in a state or federal court sitting in Fulton County, Georgia, which shall have exclusive jurisdiction over any such dispute. The Company and the Participant consent to personal jurisdiction and waive any objection to jurisdiction or venue in any such court.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: defense based on the defense of illegality. Finally, several jurisdictions have allowed a plaintiff to assert an ECOA violation as an affirmative defense, even after the two-year statute of limitations has run for an offensive ECOA claim, based on the principle that a contract in violation of a statute is void and unenforceable. See, e.g., Integra Bank/Pittsburgh, 839 F.Supp. at 329 (stating “a creditor may not claim legal reliance on a signature that was illegally required in the first instance”); Boone Nat’l Sav. & Loan Ass’n, F.A. v. Crouch, 47 S.W.3d 371, 374-76 (Mo.2001) (citing broad equitable principles when permitting defendant to assert an ECOA affirmative defense after the statutory period had run); Eure v. Jefferson Nat’l Bank, 248 Va. 245, 448 S.E.2d 417, 421 (1994) (<HOLDING>). The basis for this position is that the Options: A. holding a plaintiff cannot assert a violation of the ecoa as an affirmative defense B. holding that ecoa violation cannot be asserted as affirmative defense C. holding defendant was entitled to assert an ecoa violation as an affirmative defense to avoid only her liability because to do otherwise would be to enforce conduct that is forbidden by the ecoa D. holding even though an affirmative action for damages is barred the debtor may assert an ecoa violation defensively in the nature of recoupment E. holding that an ecoa violation is not properly asserted as an affirmative defense to liability and should instead take the form of a compulsory counterclaim

assistant: The best answer is C. holding defendant was entitled to assert an ecoa violation as an affirmative defense to avoid only her liability because to do otherwise would be to enforce conduct that is forbidden by the ecoa
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice, demand or other communication to be given under or by reason of the provisions of this Agreement shall be in writing and shall be deemed to have been given (i) when delivered personally to the recipient, (ii) when sent by confirmed electronic mail or facsimile if sent during normal business hours of the recipient; but if not, then on the next Business Day ( provided that any such notice under this clause (ii) shall not be effective unless within one Business Day after the notice is sent, a copy of such notice is sent to the recipient by first-class mail, return receipt requested, or reputable overnight courier service (charges prepaid)), (iii) one Business Day after it is sent to the recipient by reputable overnight courier service (charges prepaid) or (iv) three Business Days after it is mailed to the recipient by first class mail, return receipt requested. Such notices, demands and other communications shall be sent to the Company or to Canyon at the addresses specified below and to any Other Holder of Registrable Securities at such address as indicated on Schedule of Other Holders hereto, or at such address or to the attention of such other Person as the recipient party has specified by prior written notice to the sending party. Any party may change such party’s address for receipt of notice by giving prior written notice of the change to the sending party as provided herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Owner may assign its rights, claims, benefits, and interests under the Contractor to any future party holding title to the Project or to any of it is lenders. All promises, warranties, covenants, and agreements of Contractor will inure to the benefit of such assignee(s). Such assignee(s) will be entitled to the full benefits, and will be subject to the obligations, of the Contract, and may directly enforce performance of the Contract by Contractor for the benefit such assignee. Any direct assignee of Owner (but not a lender) shall assume all obligations of Owner under the Contract, including, but not limited to, the obligation to be responsible for costs associated with delays to the Contract caused solely by the Owner assigning the Contract to such assignee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Further, notwithstanding anything to the contrary in this Executive Severance Agreement, if you breach any confidentiality, non-competition or other material provision in your Employment Agreement following the termination of your employment with Cerner, Cerner’s obligation, if applicable, to deliver severance payments and benefits to you under this Paragraph 2.C, and the vesting of any equity incentive awards described in this Paragraph 2.C, will cease immediately, you will reimburse Cerner the amount of severance payments delivered to you by Cerner prior to such breach by you, and you will forfeit to Cerner all equity incentive awards (or the proceeds of exercised awards) that vested based on or after such termination of your employment and prior to your breach.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) At such time as the Loans, the Reimbursement Obligations and the other Obligations shall have been paid in full, the Commitments have been terminated and no Letters of Credit shall be outstanding, this Agreement and all obligations (other than those expressly stated to survive such termination) of the Administrative Agent and each Subsidiary Guarantor hereunder shall terminate, all without delivery of any instrument or performance of any act by any party. At the request and sole expense of any Subsidiary Guarantor following any such termination, the Administrative Agent shall execute and deliver to such Subsidiary Guarantor such documents as such Subsidiary Guarantor shall reasonably request to evidence such termination.

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 case excerpt and choose the best holding from the options. Case excerpt: and cables had been erected across the road does not necessarily indicate that the road had been abandoned when, as in this case, the evidence indicates that the road had continued to be used by those who desired to do so. See Powell v. Hopkins, 288 Ala. 466, 472, 262 So.2d 289, 294 (1972) (“[Placing a gap or gate across a way to control livestock would not cause a road to lose its character as a public way when it was evident that by placing such obstacle there was no interruption of the way by those traveling it.”). Even if the gates and cables had succeeded in blocking public use of the road, we cannot conclude that there was clear and convincing evidence indicating that those gates and cables had been in existence for 20 years. See Smith v. Smith, 482 So.2d 1172, 1175 (Ala.1985) (<HOLDING>). The Darnalls point out that the county had Options: A. holding impediment to traveling the road at issue must have existed for 20 years to support claim of abandonment B. holding road was still a public highway although fifty years had passed since the road was used by the public C. holding that a subsequent abandonment of a public rightofway over such a road has no effect on a private easement owned by an abutting landowner D. holding that a bia road was a tribal road by considering the nature of the rightofway at issue and finding that although the tribe had relinquished certain gatekeeping rights by allowing public use of the road and collaborating with the bia in maintaining it the tribe had maintained other significant gatekeeping rights because the rightofway was not granted to the state and the road did not form any part of the states highway system E. holding that the abandonment provision of section 228190 is inapplicable when property is conveyed voluntarily to a county to be used as a public road

assistant: The best answer is A. holding impediment to traveling the road at issue must have existed for 20 years to support claim of abandonment
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: 42, 48-60, 108 S.Ct. 2250, 2255, 101 L.Ed.2d 40 (1988); Daniel v. Ferguson, 839 F.2d 1124, 1128 (5th Cir.1988); Flagg Brothers, Inc. v. Brooks, 436 U.S. 149, 155, 98 S.Ct. 1729, 1733, 56 L.Ed.2d 185 (1978). To constitute state action, the deprivation must.be caused by the exercise of some right or privilege created by the State or by a person for whom the State is responsible. The party charged with the. deprivation must be a person who may fairly be said to be a state actor. Lugar v. Edmondson Oil Co., 457 U.S. 922, 937, 102 S.Ct. 2744, 2753, 73 L.Ed.2d 482 (1982); West v. Atkins, 487 U.S. at 48-50, 108 S.Ct. at 2255. Merely pursuing foreclosure proceedings under state law does not make Merchants & Farmers Bank a state actor. Earnest v. Lowentritt, 690 F.2d 1198, 1201 (5th Cir.1982) (<HOLDING>). Furthermore, in order to state a claim under Options: A. holding that foreclosure of a prior mortgage extinguished a declaration of condominium and interests in a parking lot that were subject to the mortgage B. holding that foreclosure of prior mortgage extinguished second mortgage C. holding that despite foreclosure judgment providing that the holder of a junior mortgage had no interest in or lien on or claim to said premises the lack of foreclosure sale meant that the junior mortgage was not extinguished D. holding that debtors allegation that mortgage holder failed to provide him with the statutorily required notice of foreclosure was sufficient to state a claim for wrongful foreclosure E. holding that the initiation of foreclosure proceedings pursuant to a mortgage implicates no authority of state law

assistant: The best answer is E. holding that the initiation of foreclosure proceedings pursuant to a mortgage implicates no authority of state law
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: Lender shall be and is authorized and directed to maintain records of account evidencing the date and principal amount of each disbursement and the date and amount of each repayment of principal and payment of interest received from Borrower. Such records shall constitute prima facie evidence (absent manifest error) of the repayment of such principal and of the payment of such interest.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower and each Subsidiary maintains with financially sound and reputable insurers insurance with coverage and limits as required by law and as is customary with Persons engaged in the same businesses as the Borrower and its Subsidiaries. Schedule 9.16 sets forth all insurance carried by the Borrower and its Subsidiaries on the Effective Date, setting forth in detail the amount and type of such insurance.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: microsoft reserves the right to disqualify you ; disable your access to the program or your rewards account ; and/or withhold points , rewards and charitable contributions , if microsoft believes you are tampering with or abusing any aspect of the program or may be engaging in activities that violate these terms .

assistant: Unilateral termination
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 full and entire understanding and agreement of the Parties with regard to the subjects hereof and supersedes and cancels in its entirety all other or prior or contemporaneous agreements, whether oral or written, with respect thereto, including any prior employment agreements between Executive and the Company in their entirety.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each award of Compensation to a Participant shall vest in accordance with the terms of the award, which are determined by the Committee. Upon the death or disability of a Participant, the award shall specify whether no vesting occurs, whether the next tranche or some other portion of the award vests, or whether the entire award vests.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and all proceedings or counterclaims (whether based in contract, tort or otherwise) arising out of or relating to this Agreement or the transactions contemplated hereby, or any action of any Party or Five Star in the negotiation, administration, performance and enforcement hereof, shall be governed by, and construed in accordance with, the Laws of the State of Maryland, without giving effect to any choice or conflict of laws provision or rule (whether of the State of Maryland or any other jurisdiction) that would cause the application of the Laws of any jurisdiction other than the State of Maryland.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: courts the discretionary authority to address important issues that they find it appropriate to decide. Indeed, the inflexible cross-appeal rule that the Court adopts may disserve the interest in judicial efficiency in some cases. For example, correcting an error that prejudiced a nonappealing defendant on direct review might obviate the need for a collateral attack. Cf. Granberry v. Greer, 481 U. S. 129, 134 (1987) (allowing the Court of Appeals to address the merits of an unexhausted habeas corpus petition if “the interests of comity and federalism will be better served by addressing the merits forthwith [than] by requiring a series of additional state and district court proceedings before reviewing the merits of the petitioner’s claim”); Munaf v. Geren, 553 U. S. 674, 691 (2008) (<HOLDING>). Because the reviewing court is in the best Options: A. holding that the pendency of a petitioners federal habeas corpus petition does not divest a trial court of jurisdiction to address a pcra petition B. holding that a petition for review is an adequate substitute for habeas corpus C. holding that the federal habeas corpus court could reach the merits of a due process claim even though there was no contemporaneous objection in state court trial where the state habeas corpus court reached the merits rather than rely on the procedural default defense D. recognizing occasions when it is appropriate to proceed further and address the merits of a habeas corpus petition rather than reverse and remand on threshold matters E. holding that section 236e does not strip the court of jurisdiction to consider the merits of petitioners habeas corpus petition

assistant: The best answer is D. recognizing occasions when it is appropriate to proceed further and address the merits of a habeas corpus petition rather than reverse and remand on threshold matters
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Employee acknowledges that his employment with Employer is special and unique in character and that Employee will acquire special skill and training and gain special knowledge during Employee’s employment with Employer; that the restrictions contained in Paragraphs 5, 6 and 7 hereof and the Non-solicitation and Noncompetition Covenants referred to in Paragraph 8 hereof are reasonable and necessary to protect the legitimate interests of Employer and its subsidiaries and affiliates; that Employer would not have entered into this Agreement in the absence of such restrictions; and that any violation of any provision of those Paragraphs is likely to result in immediate and irreparable injury to Employer. Employee also acknowledges that Employer shall be entitled to preliminary and permanent injunctive relief and restraining orders, without the necessity of proving actual damages, as well as an equitable accounting of all earnings, profits and other benefits arising from any such violation, which rights shall be cumulative and in addition to any other rights or remedies to which Employer may be entitled. The existence of any claim or cause of action of Employee against Employer, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by Employer of these covenants.

assistant: Enforcements
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 the superior court “for appointment of mental health experts,” Ariz. R.Crim. P. 11.2(d), the supreme court evinced its intent that, once a court has made the reasonable grounds finding, the matter move on to the next phase of the Rule 11 process and the issue of a defendant’s competency be determined after full proceedings consistent with the rule. See, e.g., Ariz. R.Crim. P. 11.3(a) (requiring court to appoint two or more mental health experts upon finding reasonable grounds for examination exist). Were we to interpret Rule 11.2 as permitting the superior court to review another court’s reasonable grounds finding, we would be inserting words into the rule that do not exist. This we cannot and will not do. See Cervantes v. Cates, 206 Ariz. 178, ¶ 24, 76 P.3d 449, 455 (App.2003) (<HOLDING>). ¶ 14 For the reasons stated, we conclude the Options: A. holding rules of appellate procedure are obviously procedural in nature B. recognizing appellate courts are not free to rewrite rules C. recognizing appellate courts must not make fact findings D. recognizing the supervisory power of appellate courts E. holding that where both the appellate and trial courts are reviewing the paper record there is no reason for the appellate courts to defer to the trial courts finding

assistant: The best answer is B. recognizing appellate courts are not free to rewrite rules
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 abate fee awards under AS 09.60.010(c)(1) if "the full imposition of the award would inflict a substantial and undue hardship ... upon the taxpaying constituents of [a] public entity." We decline the voters' invitation to conclude from the record that the imposition of full fees will not impose an undue hardship on the Borough or its taxpayers. The Borough may raise the hardship defense on remand. 37 . See AS 09.60.010(c) (stating provision applies "[in a civil action or appeal") (emphasis added). 38 . We note that the voters are not entitled to an attorney fees award for work done solely on claims against the Borough that did not concern the voters' constitutional rights to vote. See AS 09.60.010(c)(1). 39 . Cf. Fox v. Vice, _ U.S. _, 131 S.Ct. 2205, 2215, 180 L.Ed.2d 45 (2011) (<HOLDING>). And we note that any attorney fees awarded Options: A. holding that the district court abused its discretion by telling the jury about the right of a prevailing plaintiff to attorney fees under 42 usc 1988 B. recognizing absolute immunity to suits under 42 usc 1988 C. holding that attorneys fees awards are available under 1988 for frivolous actions D. holding that a case awarding fees under 42 usc 1988 has no application in a private claim for attorneys fees sounding in mississippi contract law E. holding defendant may receive only the portion of his fees under 42 usc 1988 that he would not have paid but for the frivolous claim

assistant: The best answer is E. holding defendant may receive only the portion of his fees under 42 usc 1988 that he would not have paid but for the frivolous claim
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: substances may have been marijuana being, used in a criminal enterprise in which the marijuana was delivered in amounts of less than one-fourth of an ounce, which would not constitute a felony offense. Considering the evidence, in the light most favorable to the challenged finding, indulging every reasonable inference that would support it, crediting favorable evidence if reasonable jurors could, and disregarding contrary evidence unless reasonable jurors could not, the trial evidence would not enable reasonable and fair-minded people to find that the money is contraband under the charge submitted to the jury. Therefore, the evidence is legally insufficient to support the jury’s finding that the seized money is contraband. 1 . See Osterberg v. Peca, 12 S.W.3d 31, 55 (Tex.2000) (<HOLDING>); Hirschfeld Steel Co. v. Kellogg Brown & Root, Options: A. recognizing that a defendant physicians own practice was at least some evidence of the standard of care and concluding that the case was properly submitted to the jury notwithstanding the plaintiffs failure to call an independent expert on the standard of care B. holding that jackson standard is only standard to use when determining sufficiency of evidence C. holding that appellate court could not review the sufficiency of the evidence based on a particular legal standard because that standard was not submitted to the jury and no party objected to the charge on this ground or requested that the jury be charged using this standard D. holding that the standard of review for the sufficiency of the evidence is the same as the standard for denying a motion for a directed verdict E. holding that even if the standard for waiver is clear the standard was not met

assistant: The best answer is C. holding that appellate court could not review the sufficiency of the evidence based on a particular legal standard because that standard was not submitted to the jury and no party objected to the charge on this ground or requested that the jury be charged using this standard
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: — cannot alone support guilty verdicts. There must be some further evidence adduced indicating the defendant’s commission of the charged criminal acts. See United States v. Glenn, 312 F.3d at 69; United States v. Scheibel, 870 F.2d 818, 822 (2d Cir.1989); United States v. Johnson, 513 F.2d 819, 824 (2d Cir.1975). True enough. But these cases do not hold that, if such actus reus evidence is adduced, there is some temporal limit on the jury’s consideration of consciousness-of-guilt evidence to establish mens rea. Indeed, if flight or false exculpatory statements were indicative only of a defendant’s knowledge and intent at the time of those actions, the evidence would be irrelevant to the charged crime and properly excluded. Instead, the law admits consciousness-of-gui 209 (2d Cir.2004) (<HOLDING>). (4) The Admissions to Goldsmith Still further Options: A. holding defendants false exculpatory statements admissible to show consciousness of guilt B. recognizing that evidence of government knowledge of the defendants conduct could be part of a defendants argument that it did not knowingly submit false claims C. holding parties to an exculpatory clause where the parties intent is clear D. recognizing that defendants attempt to persuade a witness to make false exculpatory statements is probative of guilty knowledge and intent E. holding that defendants attempt to mislead a client by providing it with false information was illegal witness tampering because defendant was trying to corruptly persuade or mislead the client with the intent of influencing its potential testimony before the grand jury

assistant: The best answer is D. recognizing that defendants attempt to persuade a witness to make false exculpatory statements is probative of guilty knowledge and intent
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in the Company Public Filings, none of the officers, directors or employees of the Company or any of its Subsidiaries, to the knowledge of the Company, is presently a party to any transaction with the Company or any of its Subsidiaries (other than for ordinary course services as employees, officers or directors), including any contract, agreement or other arrangement providing for the furnishing of services to or by, providing for rental of real or personal property to or from, or otherwise requiring payments to or from any such officer, director or employee or, to the knowledge of the Company, any corporation, partnership, trust or other Person in which any such officer, director, or employee has a substantial interest or is an employee, officer, director, trustee or partner.

assistant: Transactions With Affiliates
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: 3194, 82 L.Ed.2d 393. The Court reasoned that “imprisonment carries with it the circumscription or loss of many significant rights. These constraints on inmates, and in some cases the complete withdrawal of certain rights, are ‘justified by the considerations underlying our penal system.’ ” Id. at 524, 104 S.Ct. 3194 (citing Bell v. Wolfish, 441 U.S. 520, 545, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979)) (quoting Price v. Johnston, 334 U.S. 266, 285, 68 S.Ct. 1049, 92 L.Ed. 1356 (1948), overruled on other grounds by McCleskey v. Zant, 499 U.S. 467, 111 S.Ct. 1454, 113 L.Ed.2d 517 (1991)). The Court stated: “[S]ociety is not prepared to recognize as legitima dment analysis applies to pretrial detainees as well as convicted prisoners. See State v. Bolin, 693 So.2d 583 (Fla.Ct.App.2d Dist.1997) (<HOLDING>); People v. Phillips, 219 Mich.App. 159, 555 Options: A. holding that warrantless searches of cell phones incident to arrest should not be allowed because such searches cannot be justified by officer safety or the preservation of evidence given the privacy implications inherent in cell phone data searches B. holding that pretrial detainees have at least the same protections under the fourteenth amendment as posttrial detainees have under the eighth amendment C. holding contrary to the second districts reasoning in mccoy 639 so2d 163 that pretrial detainees lack any expectation of privacy so the fourth amendment does not protect them from cell searches D. holding the defendant lacked any expectation of privacy in his cell so the jailer had the right to inspect anything in his cell E. holding that prisoners have no legitimate expectation of privacy and that the fourth amendments prohibition on unreasonable searches does not apply in prison cells

assistant: The best answer is C. holding contrary to the second districts reasoning in mccoy 639 so2d 163 that pretrial detainees lack any expectation of privacy so the fourth amendment does not protect them from cell searches
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: (a) Each borrowing by the Borrower from the Lenders hereunder and each payment by the Borrower shall be made pro rata according to the respective Loan Percentages of the relevant Lenders in respect of each tranche of the Loans. Subject to Sections 2.21(d)(iv) and Section 2.22(b)(2), each payment (including prepayments) in respect of principal, interest or fees in respect of Loans shall be applied among tranches of Loans as directed by the Borrower. Each payment (including prepayments) in respect of principal or interest in respect of any tranche of the Loans and each payment in respect of fees payable hereunder shall be applied to the amounts of such obligations owing to the Lenders with respect to such tranche, pro rata according to the respective amounts then due and owing to such Lenders; provided , the provisions of this sentence shall not be construed to apply to any payment made pursuant to Sections 2.21 or 2.22 , or obtained by a Lender as consideration for the assignment of or sale of a participation in any of its Loans to any assignee or participant.

assistant: Payments