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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement shall be invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Any provision of this Agreement that is unenforceable in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As an employee of the Bank, the Executive will have access to and may participate in the origination of non-public, proprietary and confidential information relating to the Bank and/or its subsidiaries, and the Executive acknowledges a fiduciary duty owed to the Bank and its subsidiaries not to disclose impermissibly any such information. Confidential information may include, but is not limited to, trade secrets, customer lists and information, internal corporate planning, methods of marketing and operation, and other data or information of or concerning the Bank or its customers that is not generally known to the public or generally in the banking industry. The Executive agrees that for a period of five (5) years following the cessation of his employment, he will not use or disclose to any third party any such confidential information, either directly or indirectly, except as may be authorized in writing specifically by the Bank; provided, however that to the extent the information covered by this Section 8 is otherwise protected by the law, such as “trade secrets,” as defined by the Virginia Uniform Trade Secrets Act, or customer information protected by banking privacy laws, that information shall not be disclosed or used for however long the legal protections applicable to such information remain in effect.

assistant: Confidentiality
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 notices, certificates, requests or other communications hereunder shall be in writing except as provided herein, and shall be deemed to be sufficiently given when mailed by first class mail, postage prepaid, and addressed to the appropriate Notice Address. Any notices required hereunder to be given in writing may be given by telecopy or other similar means of facsimile or electronic transmission. A duplicate copy of each notice, certificate, request or other communication required to be given hereunder to the Issuer, the Company or the Trustee shall also be given to the others. The Company, the Issuer and the Trustee, by notice given hereunder, may designate any further or different addresses to which subsequent notices, certificates, requests or other communications shall be sent.

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: This Agreement will become effective upon its execution by all of the undersigned. The Parties may execute this Agreement in counterparts, and execution of Counterparts will have the same force and effect as if all Parties had signed the same instrument.

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: the relationship between Faegre and Judge Montgomery and Judge Davis rather than a bad faith intent to profit from Faegre’s protected mark. 15 U.S.C. § 1125(d). Purdy has the right to use “expressive domain names that are unlikely to cause confusion.” Coca-Cola Co. v. Purdy, 382 F.3d 774, 787 (8th Cir.2004). The Court concludes that a reasonable internet user would not think that a law firm would use or approve of a domain name stating its “love” of two federal judges. E. Metatags Plaintiffs assert that Purdy’s use of Faegre’s trademarks in the metatags for his web pages violates Paragraph 5 of the Court’s January 5 Order, but request clarification of that Order in order to alleviate any possible ambiguity. See PACCAR Inc. v. TeleScan Techs., L.L.C., 319 F.3d 243, 258 (6th Cir.2003) (<HOLDING>). Paragraph 5 enjoined Purdy “from using any Options: A. holding that concurrent use of same mark on similar product was sufficient to demonstrate a likelihood of confusion B. holding that district court must separately analyze whether use of metatags alone without the inclusion of those marks in the domain names creates a likelihood of confusion C. holding that since we have already held that the concurrent use of plaintiffs mark by the defendants creates the likelihood of confusion the inescapable conclusion is that there was also irreparable injury D. holding that even several isolated incidents of actual confusion are insufficient to support a finding of likelihood of confusion E. holding that same likelihood of confusion test applied in the context of trademarks also applies to certification marks

assistant: The best answer is B. holding that district court must separately analyze whether use of metatags alone without the inclusion of those marks in the domain names creates a likelihood of confusion
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: CURIAM: A jury convicted Rhonda Jean Gainer of possession with intent to distribute less than 50 kilograms of marijuana. The district court refused a downward departure and sentenced Gainer to 27 months of imprisonment. Gainer appeals. Gainer contends for the first time on appeal that 21 U.S.C. § 841 is facially unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). She concedes that her argument is foreclosed by United States v. Slaughter, 238 F.3d 580, 582 (5th Cir.2000) (<HOLDING>). Gainer raises the argument only to preserve Options: A. holding that apprendi does not apply retroactively B. holding that apprendi does not apply on collateral review C. holding that apprendi did not render 841 unconstitutional D. holding in the context of a constitutional challenge to 21 usc 841 that apprendi announced a procedural rule E. holding apprendi is not retroactive

assistant: The best answer is C. holding that apprendi did not render 841 unconstitutional
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 Lead Arranger shall have received (A) audited consolidated balance sheets and related statements of income and cash flows and stockholders’ equity of (i) the Borrower and its Subsidiaries for each of the fiscal years ended December 31, 2012, December 31, 2013 and December 31, 2014 (the “ Borrower Audited Financial Statements ”) and (ii) the Target and its Subsidiaries for each of the fiscal years ended March 31, 2013, March 31, 2014 and March 31, 2015 (the “ Target Audited Financial Statements ”), (B) unaudited consolidated balance sheets and related statements of income and cash flows and stockholders’ equity of (i) the Borrower and its Subsidiaries for each fiscal quarter ended after December 31, 2014 and at least 45 days prior to the Closing Date (the “ Borrower Quarterly Financial Statements ”) and (ii) Target and its Subsidiaries for each fiscal quarter ended after March 31, 2015 and at least 45 days prior to the Closing Date (the “ Target Quarterly Financial Statements ”) and (C) a pro forma consolidated balance sheet and related pro forma consolidated statement of income of the Borrower and its Subsidiaries (after giving effect the Transactions) as of and for the period of four (4) consecutive fiscal quarters ending June 30, 2015, prepared after giving effect to the Transactions as if the Transactions had occurred as of such date (in the case of such balance sheet) or at the beginning of such period (in the case of the statement of income) (the “ Pro Forma Financial Statements ”).

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 legal provision and list the applicable contract clause categories. Provision: Subject to the other provisions of this Section 2, the PSUs shall vest as set forth on Schedule 1 to this Agreement, based on the achievement of the performance goal for the performance period set forth on Schedule 1, as certified by the Compensation Committee promptly following the performance period. Such date on which PSUs vest under this Agreement may be referred to herein as the “ Vesting Date .” Subject to Section 4, as soon as administratively practicable after the Vesting Date shown on Schedule 1 , the Company will issue to the Participant, in certificated or uncertificated form, such number of Shares as is equal to the number of PSUs that vested on such Vesting Date. In no event shall the Shares be issued to the Participant later than 30 days after the Vesting Date.

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 case excerpt and choose the best holding from the options. Case excerpt: of exchange •prevailing on the date of entry of the judgment or decree. N.Y.Jud.Law § 27(b) (McKinney 1987) (emphasis added). Before § 27(b) was enacted, New York courts applied the breach-day conversion rule, which entitled a plaintiff to recover an amount in dollars equal to the exchange rate between dollars and the foreign currency at the time of breach. See Competex, 783 F.2d at 334; Middle East Banking v. State Street Bank Int'l, 821 F.2d 897, 902-03 (1987); Indag, S.A. v. Irridelco Corp., 658 F.Supp. 763 (S.D.N.Y.1987). Section 27(b) now explicitly provides that a judgment entered in a foreign currency be converted into United States dollars at the exchange rate prevailing on the date of judgment. See Agfa-Gevaert, A.G., v. A.B. Dick Company, 879 F.2d 1518, 1524 (7th Cir.1989) (<HOLDING>); but see Elevator Motors Corp. v. Leistritz Options: A. holding that new york judiciary law 27b expressly requires use of the date of judgment for conversion of a foreign currency into dollars B. holding that new york law applies to this matter C. holding that a divorce granted at a foreign consulate in new york was not valid for immigration purposes because it did not comply with new york law D. holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership E. holding that outofstate defendants transmittal into new york of ceaseanddesist letter to new york plaintiff for purported trademark infringement was insufficient to create jurisdiction over defendant in a new york declaratory judgment action

assistant: The best answer is A. holding that new york judiciary law 27b expressly requires use of the date of judgment for conversion of a foreign currency into dollars
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 authorized by all necessary corporate or limited liability company, as the case may be, action on the part of each Obligated Party and this Agreement and the Loan Documents executed by each Obligated Party constitute, or in the case of the Floor Plan Notes and Revolving Credit Notes, will upon issuance constitute, the legal, valid and binding obligations, enforceable against each Obligated Party a party thereto in accordance with their respective terms, except as such enforceability may be limited by (i) applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and (ii) general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law).

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: The Seller has not dealt with any Person who has acted, directly or indirectly, as a broker, finder, financial adviser, or in such other capacity for or on behalf of the Seller in connection with the transactions described by this Agreement in any manner which would entitle such Person to any fee or commission in connection with this Agreement or the transactions described in this Agreement, except for Marcus & Millichap who will be paid a commission by the Seller if the transaction contemplated by this Agreement closes. Jefferies LLC has acted as the Seller’s advisor and shall be compensated by the Seller pursuant to the terms and conditions of a separate agreement.

assistant: Brokers
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: No ERISA Event has occurred within the previous five (5) years or is reasonably expected to occur that, when taken together with all other such ERISA Events for which liability is reasonably expected to occur, could reasonably be expected to result in a Material Adverse Effect.

assistant: Erisa
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’s obligations under this Section 2.09 shall survive the resignation or replacement of Lender or any assignment of rights by, or the replacement of, Lender, the termination of the Commitment and the repayment, satisfaction or discharge of all obligations under any Credit Document.

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: No failure or delay by Administrative Agent or any Lender in exercising any right, power or privilege hereunder or under any Note shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

assistant: No 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: During Executive’s employment with the Company or at any time thereafter, Executive shall assist and cooperate willingly, upon reasonable advance notice (which shall include due regard to the extent reasonably feasible for Executive’s prior commitments), in any matter relating to Executive’s position with the Company and its Affiliates, or Executive’s knowledge as a result thereof as the Company may reasonably request, including Executive’s attendance and truthful testimony where deemed appropriate by the Company, with respect to any investigation or the Company’s (or an Affiliate’s) defense or prosecution of any existing or future claims or litigations or other proceeding relating to matters in which Executive was involved or had knowledge by virtue of Executive’s employment with the Company. The Company shall reimburse Executive for reasonable out-of-pocket travel costs and expenses incurred by Executive (in accordance with Company policy) as a result of providing such assistance, upon the submission of the appropriate documentation to the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period, Executive shall be eligible for paid vacation in accordance with the policies of the Company as may be in effect from time to time for senior officers generally; provided, however , that during each calendar year of the Employment Period, Executive shall be entitled to at least four weeks of paid vacation.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: these terms supersede any prior agreements or earlier versions of these terms between you and evernote for the use of the service as of the effective date indicated at the top of these terms .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Closing Date, neither the Company nor any of its Subsidiaries is in default under or with respect to any of its Contractual Obligations in any respect that could reasonably be expected to have a Material Adverse Effect. No Default or Event of Default has occurred and is continuing.

assistant: No Defaults
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: Mortgagor shall (1) maintain or cause to be maintained in full force and effect all policies of insurance of any kind with respect to the Mortgaged Property (including, without limitation, policies of fire, theft, public liability, property damage, other casualty, and business interruption) with financially sound and reputable insurance companies or associations (in each case that are not Affiliates of the Mortgagor) of a nature and providing such coverage as is sufficient and as is customarily carried by businesses of the size and character of the business of the Mortgagor and (2) cause all insurance relating to any property or business of the Mortgagor to name the Mortgagee as additional insured or loss payee, as appropriate, and, if available, to provide that no cancellation, material addition in amount or material change in coverage shall be effective until after 30 days’ notice thereof to the Mortgagee. In addition to the foregoing, if any portion of the Mortgaged Property is located in an area identified by the Federal Emergency Management Agency as an area having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act of 1968 (or any amendment or successor act thereto), then Mortgagor shall maintain, or cause to be maintained, with a financially sound and reputable insurer, flood insurance in an amount sufficient to comply with all applicable rules and regulations promulgated pursuant to such Act.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the period that Executive is employed with the Company hereunder, the Company shall pay Executive an annual base salary of not less than $600,000 (the “Base Salary”), payable in equal biweekly installments (or, if different, in accordance with the Company’s payroll practice as in effect from time to time). For all purposes under this Agreement, the term “Base Salary” shall refer to the Base Salary as in effect from time to time.

assistant: Base Salary
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 waiver by a Party to this Agreement of any breach of this Agreement by any other Party to this Agreement shall not be effective unless in writing, and no waiver shall operate or be construed as a waiver of the same or another breach on a subsequent occasion.

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: The proceeds of the Advances shall be available (and the Company agrees that it shall use such proceeds) for general corporate purposes of the Company and its Subsidiaries. The Company will not request any Borrowing, and neither the Company nor its Subsidiaries shall use, and the Company shall use commercially reasonable efforts to procure that it and its Subsidiaries’ respective directors, officers and employees, in each case when acting on behalf of the Company or its Subsidiaries shall not use, the proceeds of any Borrowing (i) in furtherance of a corrupt offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of material value, to any Person in a manner which constitutes (x) a violation of the Bribery Act, (y) a violation of the FCPA or (z) a material violation of any other Anti-Corruption Laws, (ii) for the purpose of funding or financing any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country (unless such activity, business or transaction would not result in a violation of applicable Sanctions by any party hereto), or (iii) in any manner that would result in the violation of any Sanctions applicable to any party hereto.

assistant: Use Of Proceeds
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: As such, the State presented sufficient evidence of each element of the charge of embezzlement to survive a motion to dismiss. Defendant further argues that the State failed to meet its burden of proving each element of embezzlement because some witness testimony was contradictory as to whether certain food items were served at school events, and because purchase and reimbursement forms do not constitute embezzlement simply because the authorizing signatures are not authentic. We find defendant’s argument to lack merit, as the State’s evidence - of atypical food and item purchases and numerous forged signatures - presents sufficient evidence by which a jury could infer defendant’s intent'to commit embezzlement. See State v. Sutton, 53 N.C. App. 281, 287, 280 S.E.2d 751, 755 (1981) (<HOLDING>); State v. Helsabeck, 258 N.C. 107, 128 S.E.2d Options: A. holding where the prosecution had to prove the defendant had the intent to gratify his sexual desires that the intent exception to rule 404b is dispositive B. holding that the trial court correctly instructed the jury that the defendant had to establish by evidence that outweighed the evidence against him that he lacked the capacity to form specific intent C. holding that fraudulent intent as required in the charge of embezzlement can be inferred from the facts proven direct evidence of such intent is not necessary D. holding that defendant was seized where the officer told defendant that she knew that he was on probation defendant admitted to the officer that he had given her a false name and defendant was asked for consent to search a backpack because a reasonable inference was that defendant was the subject of a continuing investigation and his or her freedom of movement had been significantly restricted by the officers show of authority E. holding that evidence that the defendant exceeded his authority in issuing himself coupons permitted the inference that the defendant had the fraudulent intent necessary for embezzlement

assistant: The best answer is E. holding that evidence that the defendant exceeded his authority in issuing himself coupons permitted the inference that the defendant had the fraudulent intent necessary for embezzlement
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 has implemented and maintains in effect policies and procedures designed to achieve compliance by the Borrower, its Subsidiaries and their respective directors, officers, employees and agents (acting in their capacity as such) with applicable Anti-Corruption Laws and Sanctions. The Borrower and each of its Subsidiaries is in compliance with all applicable Anti-Corruption Laws and Sanctions. None of (a) the Borrower, any Subsidiary or to the knowledge of the Borrower or such Subsidiary any of their respective directors or officers, or (b) to the knowledge of the Borrower, any employee or agent of the Borrower or any Subsidiary (in each case, acting in their capacity as such), is a Sanctioned Person. No Borrowing or Letter of Credit, use of proceeds or other transaction contemplated by this Agreement will violate any Anti-Corruption Law or applicable Sanctions. Neither the making of the Loans nor the use of proceeds thereof will violate the USA Patriot Act, the Trading with the Enemy Act, as amended, or any of the foreign assets control regulations of the United States Treasury Department (31 C.F.R., Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto or successor statute thereto. The Borrower and its Subsidiaries are in compliance in all material respects with the USA Patriot Act.

assistant: Sanctions
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 Buyer is an entity duly incorporated, validly existing and in good standing under the laws of the State of Florida, with full corporate power and authority to own, lease and operate its business and properties and to carry on its business in the places and in the manner as presently conducted or proposed to be conducted. The Buyer is in good standing as a foreign entity in each jurisdiction in which the properties owned, leased or operated, or where the business is conducted by it requires such qualification, except where the failure to so qualify would not have a Material Adverse Effect on its business, taken as a whole, or consummation of the transactions contemplated hereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Revolving Collateral Agent and the Notes Collateral Agent each represent and warrant to the other that it has been authorized by Revolving Lenders or holders of Notes, as applicable, under the Existing Revolving Credit Agreement or the Existing Indenture, as applicable, to enter into this Agreement.

assistant: Representations
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: Landlord agrees to pay all State, County, and Municipal property taxes and assessments, prior to delinquency, levied against the land covered by this Lease and all improvements thereon. Tenant agrees to pay all taxes on personal property maintained by Tenant in or upon the Leased Property during the term of the Lease.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to submit a valid claim for a refund , a user must ( a ) submit the test issue in writing to duolingo within 24 hours after the test issue occurs , and respond to duolingo 's requests for information or cooperation , ( b ) not have directly or indirectly caused the test issue , and ( c ) have met all test requirements when taking the test prior to making a claim for a test issue .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: also reaffirmed its prior holding in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), that “[a]ny fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.” Booker, 543 U.S. at 244-45, 125 S.Ct. at 756 (Stevens, J., opinion of the Court). Alston contends that, under Blakely and Booker, the district court violated his Sixth Amendment rights by relying on his prior convictions when those convictions were not admitted by him or submitted to a jury. We conclude, however, that his claim is foreclosed by United States v. Thompson, 421 F.Sd 278, 288-86 (4th Cir.2005) (<HOLDING>), petition for cert. filed, — U.S.L.W.-(U.S. Options: A. holding that fact of prior conviction is not subject to booker requirements that convictions cannot be severed from their essential components including the integral facts such as the statutory violation and date of offense and that these facts are inherent to convictions not extraneous to them B. holding that the fact of prior convictions under 924e need not be charged in an indictment and proven to a jury and also that the government need not charge in an indictment and prove to a jury that a defendants prior conviction constitutes a violent felony under 924e C. holding that the nature and occasion of prior offenses are facts inherent in the convictions which government is not required to allege in the indictment or prove beyond a reasonable doubt D. holding that facts regarding prior convictions need not be charged in an indictment nor proven to a jury beyond a reasonable doubt E. holding that nature and occasion of offenses are facts inherent in convictions and those facts need not be alleged in indictment or submitted to jury

assistant: The best answer is E. holding that nature and occasion of offenses are facts inherent in convictions and those facts need not be alleged in indictment or submitted to jury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is that applying the laws of all fifty states is not "manageable” under Rule 23(b)(3). Plaintiffs contend that the laws of four states, at most, apply to these claims. The plaintiffs, however, have not cross-appealed the district court’s determination on this issue. The plaintiff's failure to file a cross-appeal violates the requirement of Fed. R.App. P. 5(b)(2) and means that the plaintiffs have not preserved this issue for appeal. See United States v. Am. Ry. Express Co., 265 U.S. 425, 435, 44 S.Ct. 560, 564, 68 L.Ed. 1087 (1924) (“[T]he appellee may not attack the decree [of the district court] with a view either to enlarging his own rights thereunder or of lessening the rights of his adversary” unless the appellee cross-appeals.); Tranello v. Frey, 962 F.2d 244, 248 (2d Cir.1992) (<HOLDING>); Freeman v. B&B Assocs., 790 F.2d 145, 151 Options: A. holding that the failure to file a petition for crossappeal within the statutory time limit is a jurisdictional defect that bars the court from hearing the crossappeal B. holding that the time limit for filing a petition for review of a final order of deportation is jurisdictional C. holding that time limit for filing petition for review is mandatory and jurisdictional D. holding that the crossappeal time limit is jurisdictional E. holding that the failure to join all the defendants in a removal petition is not a jurisdictional defect

assistant: The best answer is A. holding that the failure to file a petition for crossappeal within the statutory time limit is a jurisdictional defect that bars the court from hearing the crossappeal
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 invalidity, illegality or unenforceability in any jurisdiction of any provision in or obligation under this Loan Agreement, the Notes or other Loan Documents shall not affect or impair the validity, legality or enforceability of the remaining provisions or obligations under this Loan Agreement, the Notes or other Loan Documents or of such provision or obligation in any other jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to submit to testing or his license would be suspended. The implied consent law, however, nowhere “requires” a DUI arrestee to submit to testing, and the DPS officer’s admonition therefore did not mirror the statute. See A.R.S. § 28-1321(A), (B) (stating that although a DUI arrestee “gives consent” to testing of blood, breath, or other bodily substance, he “shall be requested to submit to and successfully complete” any such test) (emphasis added). But even assuming that the officer accurately paraphrased the law, this distinction is immaterial. The Bumper Court’s ruling turned on the grandmother’s acquiescence to the officer’s assertion of lawful authority to search regardless of the truthfulness of the officer’s claim to possess a warrant. See Bumper, 391 U.S. at 548-49, 88 S.Ct. 1788 (<HOLDING>). The officer’s claim of authority to search Options: A. recognizing that custody while not determinative in itself places a heavy burden in showing consent was voluntarily given and noting that custody when coupled with other coercive factors will normally necessitate the conclusion that the consent is not effective B. holding that consent was freely and voluntarily given despite officers advisement that the police could get a search warrant if consent was not given C. holding that the prosecutors burden to prove that consent was voluntarily given cannot be discharged by showing no more than acquiescence to a claim of lawful authority D. holding there is no consent as a matter of law where the consent was given under coercion E. holding that the state must prove consent was voluntary not simply a submission to authority

assistant: The best answer is C. holding that the prosecutors burden to prove that consent was voluntarily given cannot be discharged by showing no more than acquiescence to a claim of lawful 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 legal provision and list the applicable contract clause categories. Provision: The paragraph headings and captions contained in this Mortgage are included for convenience only and shall not be construed or considered a part of this Mortgage or affect in any manner the construction or interpretation of this Mortgage. Whenever used in this Mortgage, the singular will include the plural, the plural the singular, and the use of any gender will be applicable to all genders.

assistant: Construction
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: lands be managed so as to protect “scenic, ... ecological, [and] environmental ... values”). In addition, we see no evidence of intent to foreclose judicial review. The Commission’s rules contemplate participation in proceedings before the Commission by persons whose interests in the property at issue “would likely be more significantly, distinctively, or uniquely affected in character or kind by the proposed zoning action than those of other persons in the general public,” 11 DCMR § 3022.3(f)(5) (2011). Moreover, in contested cases the D.C. Administrative Procedure Act authorizes any person “adversely affected or aggrieved” by an agency order to seek judicial review. See D.C.Code § 2-510(a) (2001-2012); Capitol Hill Restoration Soc. v. Zoning Comm’n, 287 A.2d 101, 105 (D.C.1972) (<HOLDING>). We therefore conclude that WELAG has both Options: A. holding that the presumption of agency discretion recognized in chaney has a long history and contrary to the plaintiffs assertion is not limited to cases brought under the apa B. holding that district courts lack jurisdiction to review denied applications when deportation proceedings are pending C. holding that judicial review under apa standards is alone sufficient to preclude a bivens action D. holding that proceedings approving pud applications are contested cases under dc apa E. holding that dc circuit has no jurisdiction to determine remedies under standard contract

assistant: The best answer is D. holding that proceedings approving pud applications are contested cases under dc apa
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 permitted under Section 9.13 of the Credit Agreement, without the prior written consent of the Canadian Administrative Agent, no Canadian Borrower shall file or suffer to be on file, or authorize or permit to be filed or to be on file, in any jurisdiction, any financing statement or like instrument with respect to the Collateral in which the Canadian Administrative Agent is not named as the sole secured party for the benefit of the Canadian Lenders.

assistant: Liens
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 Award and Agreement will be interpreted and construed in accordance with and governed by the laws of the State of Minnesota, and all Participants agree to the exclusive venue and jurisdiction of the State and Federal Courts located in Hennepin County, Minnesota and waive any objection based on lack of jurisdiction or inconvenient forum. Any action relating to or arising out of this Plan must be commenced within one year after the cause of action accrued.

assistant: Venues
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: None of the Loan Parties is in default under or with respect to any of its Contractual Obligations (other than those governing Indebtedness of any Loan Party) in any respect, that could reasonably be expected to have a Material Adverse Effect, and no Default or Event of Default has occurred and is continuing which has not been disclosed a Borrower in accordance with Section 5.7(a) and waived in writing by the Administrative Agent and the Required Lenders.

assistant: No Defaults
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 Act. Despite the majority’s assertion, neither has this court held that Congress overruled Sieracki for employees not covered by the Act. In fact, in Whittington, supra, we acknowledged that Sieracki still provides the warranty of seaworthiness. 541 F.2d at 433. See also Stephenson, supra, 863 F.2d at 340. Our decision in United States Lines, Inc. v. United States, 593 F.2d 570 (4th Cir.1979) says nothing more than that the 1972 Amendments overruled Sieracki — with respect to employees covered by the Act. 593 F.2d at 572; accord Drake v. Raymark Industries, Inc., 772 F.2d 1007, 1013 (1st Cir.1985), cert. denied sub nom. Ray-mark Industries v. Bath Iron Works Corp., 476 U.S. 1126, 106 S.Ct. 1994, 90 L.Ed.2d 675 (1986); Aparicio v. Swan Lake, 643 F.2d 1109 (5th Cir. Unit A 1981) (<HOLDING>). The fact that Harwood is a compulsory pilot Options: A. holding that proceedings under the illinois sexually dangerous persons act were not criminal for purposes of fifth amendments prohibition of compulsory selfincrimination B. holding municipalities are not persons within the meaning of the due process clause of the fifth or fourteenth amendments C. holding that an unconstitutional act of congress has no legal effect D. holding that 1972 amendments had no effect on persons not covered by the act E. holding that the protect act amendments to the standard of review apply retroactively

assistant: The best answer is D. holding that 1972 amendments had no effect on persons not covered by the act
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement (including the Schedules and the documents referred to herein) constitutes the entire agreement between the Parties and supersedes any prior understandings, agreements or representations by or between the Parties, written or oral, that may have related in any way to the subject matter hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State. 17 U.S.C. § 301(a) (emphasis added). The exclusive rights in the copyrighted work granted by the Act are reproduction; preparation of derivative works; distribution by sale, rental, lease or lending; public performance, in the case of motion pictures or audiovisual works; and public display of individual images from motion pictures or audiovisual works. 17 U.S.C. § 106. State laws, whether statutory or common law, are subject to express preemption under Copyright Act § 301 only if they create rights that are “equivalent” to the exclusive rights within the general scope of copyright. See 17 U.S.C. § 301(a); see also Ehat v. Tanner, 780 F.2d 876, 878 (10th Cir.1985) (<HOLDING>); 1 Melville B. Nimmer and David Nimmer, Nimmer Options: A. recognizing that the copyright act was amended in 1976 to include computer programs in the definition of protectable literary works B. holding that conversion and unjust enrichment claims were preempted by the copyright act since they were not qualitatively different from a copyright claim because they contained no extra element beyond those necessary to show copyright infringement C. holding that while the computer program at issue was within the subject matter of copyright the right sought under state law pursuant to a license was not equivalent to the exclusive rights under copyright as such copyright preemption did not apply D. holding that because literary works including compilations and derivative works are within the subject matter of copyright state common law that purported to protect a work for which plaintiffs copyright action was unsuccessful was preempted E. holding that the copyright act distinguishes between employees and independent contractors for copyright possession

assistant: The best answer is D. holding that because literary works including compilations and derivative works are within the subject matter of copyright state common law that purported to protect a work for which plaintiffs copyright action was unsuccessful was preempted
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 counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one and the same agreement. Facsimile counterpart signatures to this Agreement shall be binding and enforceable.

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: the plaintiff from that danger to make out a constitutional violation. Id. at 530-31. Deliberate indifference requires the following: "[TUhe environment created by the state actors must be dangerous; they must know it is dangerous; and ... they must have used their authority to create an opportunity that would not otherwise have existed for the third party's crime to occur.” Johnson, 38 F.3d at 201. 9 . Because we hold that Piotrowski’s allegations fail on other grounds, however, we do not reach the question of whether her allegations satisfy the Rule 12(b)(6) threshold for alleging a "state-created danger” theory of § 1983 liability. 10 . When a § 1983 cause of action accrues is a question of federal law. Id. 11 . See also Chapman v. Homco, Inc., 886 F.2d 756, 758 (5th Cir.1989) (<HOLDING>), cert. denied, 494 U.S. 1067, 110 S.Ct. 1784, Options: A. holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act B. holding that limitations period begins to run on date notice was received at claimants residence even if claimant did not receive it until a later date C. holding that oneyear period commences on date of discovery of the fraudulent nature of the transfer D. holding that the date of discrimination is the date on which a decision not to hire a plaintiff becomes effective E. holding that limitations period on employment discrimination claim triggered on date of discharge not on date of discovery of discriminatory intent

assistant: The best answer is E. holding that limitations period on employment discrimination claim triggered on date of discharge not on date of discovery of discriminatory intent