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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: without limiting the foregoing , blizzard entertainment retains the right to decline service to any user who violates the bnet tou , the terms of use and/or the eula .

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 case excerpt and choose the best holding from the options. Case excerpt: issue is whether lack of consent is an element of burglary. While the majority has chosen to ignore the law of this State, as announced by our courts, that does not change the law. The plain and simple fact is that lack of consent is an element of burglary. Because of that fact, I believe that this Court is required to reverse and render this conviction. B. Sufficiency of the evidence ¶ 66. While it is a secondary consideration, I also find the majority’s treatment of issue 6, the sufficiency of the evidence ufficiency of the evidence would merely require than any issues on appeal found to have merit be considered harmless error. See Carraway v. State, 562 So.2d 1199, 1203-1205 (Miss.1990) (citing Hall v. State, 546 So.2d 673 (Miss.1989); Porter v. State, 551 So.2d 104 (Miss.1989)) (<HOLDING>). C. Error in denying Sandefer’s motion for a Options: A. holding that any error was harmless and thus not plain error B. holding that error from the erroneous admission of evidence was harmless in light of the overwhelming evidence of the defendants guilt C. holding exclusion was harmless error D. holding the error harmless in light of the overwhelming evidence of guilt E. holding in all cases that where the evidence of guilt was sufficient any error in the exclusion of lastminute evidence and testimony was harmless error

assistant: The best answer is E. holding in all cases that where the evidence of guilt was sufficient any error in the exclusion of lastminute evidence and testimony was harmless error
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: We have drawn no distinction between the protections offered by Article II, Section 4 of the Montana Constitution and those offered by the Equal Protection Clause of the United States Constitution when analyzing alleged discrimination between similarly situated taxpayers. Roosevelt v. Montana Dept. of Revenue, 1999 MT 30, ¶¶ 16-46, 293 Mont. 240, ¶¶ 16-46, 975 P.2d 295, ¶¶ 16-46; Kottel v. State, 2002 MT 278, ¶ 47, 312 Mont. 387, ¶ 47, 60 P.3d 403, ¶ 47; Montana Dept. of Revenue v. Barron, 245 Mont. 100, 111, 799 P.2d 533, 540 (1990); see also 71 Am. Jur. 2d § 340 (2007) (explaining that there is nothing in the unit method of valuation that is inherently opposed to either the federal or the various state constitutions); Beaver County v. Wiltel, Inc., 995 P.2d 602, ¶¶ 24-26 (Utah 2000) (<HOLDING>). ¶30 Most of PPLM’s arguments amount to an Options: A. holding that the multicounty signature requirement for initiatives violated the uniform operation of laws clause and the federal equal protection clause B. holding that state outdoor recreational immunity statute did not violate equal protection clause of united states constitution under rationalbasis test C. holding that central assessment by the unit method of valuation did not violate the equal protection clause of the united states constitution or the uniform operation of laws provision in the utah constitution D. holding a plaintiff must allege the violation of a right secured by the constitution and laws of the united states to state a claim under 1983 E. holding the exclusion did not violate the equal protection clause of the wyoming constitution or the fourteenth amendment to the united states constitution

assistant: The best answer is C. holding that central assessment by the unit method of valuation did not violate the equal protection clause of the united states constitution or the uniform operation of laws provision in the utah constitution
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: legislation, that it violated the due process clause of the Nebraska Constitution and the equal protection clause of the U.S. Constitution, that it violated the open court provision of the Nebraska Constitution, and that it was an invalid exercise of legislative power. See, also, Smith v. Dewey, 214 Neb. 605, 335 N.W.2d 530 (1983). Later, in Williams v. Kingery Constr. Co., 225 Neb. 235, 404 N.W.2d 32 (1987), a suit relating to the building industry, the 10-year statutes of repose found in both §§ 25-222 and 25-223 were declared constitutional, citing Colton, supra, and Smith, supra. The constitutionality of § 25-224(2) has been upheld in the following federal cases: Groth v. Sandoz, Inc., 601 F. Supp. 453 (D. Neb. 1984), Brown v. Eli Lilly and Co., 690 F. Supp. 857 (D. Neb. 1988) (<HOLDING>), and Peterson v. Fuller Co., 807 F.2d 151 (8th Options: A. holding that the classification made by 252242 was neither unreasonable nor arbitrary B. holding that designation is neither a sentence nor a punishment C. holding that neither the ada nor the rehabilitation act applies to prison employment D. holding trial counsels performance at sentencing where defendant received death sentence after initial guilty plea was neither unreasonable nor prejudicial E. holding that where judgment was not entered the appeals period neither triggered nor expired

assistant: The best answer is A. holding that the classification made by 252242 was neither unreasonable nor arbitrary
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: labor market” is the population of workers who, among other things, live within the geographical area from, which that employer’s employees and job applicants are drawn. See Rivera v. City of Wichita Falls, 665 F.2d 531, 540-41 (5th Cir.1982) (noting that source of relevant labor market is almost always defined in part in geographical terms), rev’d on other grounds. “Applicant flow” refers to all actual applicants who are qualified to apply and to be considered for the position or positions at issue. Provided that the applicant flow is not tainted by discriminatory recruiting practices and is not otherwise biased or distorted, applicant flow is a rehable indicator of an employer’s relevant labor market. See E.E.O.C. v. Olson’s Dairy Queens, Inc., 989 F.2d 165, 168-69 (5th Cir.1993) (<HOLDING>). In 1990, the Court denied the motion of the Options: A. holding that the plaintiff made out a prima facie case of disparate impact despite a lack of statistical significance based on past discrimination which reduced the number of africanamericans eligible to sit for the promotional exam B. holding that statistical evidence that was too broad to support a prima facie case of systemic disparate treatment was nevertheless admissible in plaintiffs individual disparate treatment case but noting that a valid statistical analysis must encompass the rel evant labor market C. holding that eeoc established prima facie disparate impact case in presenting statistical evidence comparing work force of employer with labor pool consisting of geographical area from which applications were received D. holding that there is no disparate impact claim under the adea E. holding that in title vii disparate impact case an employer may rebut prima facie case of disparate impact by demonstrating that the employment policy at issue is related to the employees job performance and justified by business necessity

assistant: The best answer is C. holding that eeoc established prima facie disparate impact case in presenting statistical evidence comparing work force of employer with labor pool consisting of geographical area from which applications were received
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: It is intended that the payments and benefits provided under the Plan and any Award shall either be exempt from the application of, or comply with, the requirements of Section 409A of the Code. The Plan and all Award Certificates shall be construed in a manner that effects such intent. Nevertheless, the tax treatment of the benefits provided under the Plan or any Award is not warranted or guaranteed. Neither the Company, its Affiliates nor their respective directors, officers, employees or advisers shall be held liable for any taxes, interest, penalties or other monetary amounts owed by any Participant or other taxpayer as a result of the Plan or any Award.

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: Notwithstanding any other provision of this Agreement, Grantee hereby agrees that if his or her employment with the Corporation or a Subsidiary is terminated for any reason, voluntarily or involuntarily, whether by retirement, resignation or dismissal for cause or otherwise, and such termination is prior to the ending of the Restriction Period applicable to any shares of the restricted Common Stock, the Grantee's ownership and all related rights with respect to all shares of Common Stock for which the Restriction Period has not ended as of the date that the termination of employment occurs will be forfeited automatically as of the date that such termination of employment occurs, and the Corporation automatically will become the sole owner of such shares as of such date.

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: Executive's or the Company's failure to insist upon strict compliance with any provision of this Agreement or the failure to assert any right the Executive or the Company may have hereunder, including, without limitation, the right of the Executive to terminate employment for Good Reason pursuant to Section 3(c) hereof, shall not be deemed to be a waiver of such provision or right or any other provision or right of this Agreement.

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: Subject to the provisions of Section 1.6 above, this Warrant is exercisable in whole or in part at any time and from time to time on or before 6:00 P.M. Pacific time, on the Expiration Date and shall be void thereafter .

assistant: Terms
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 shall have the power and the right to deduct or withhold, or require Participant to remit to the Company, as a condition precedent for the delivery by the Company of the Stock in settlement of the Performance Stock Units, an amount sufficient to satisfy federal, state and local taxes, domestic or foreign, required by law or regulation to be withheld with respect to any taxable event arising as a result of the grant, vesting or settlement of the Performance Stock Units. Such tax withholding amount may be satisfied by Participant if a U.S. employee in cash or in Stock, either by delivery of Stock already owned by Participant or by authorizing the Company to retain the number of Stock from the Stock issuable to Participant at the Maturity Date as the Company determines to be sufficient to satisfy such tax withholding obligation. Notwithstanding the foregoing, in no event shall payment of withholding taxes be made by retention of Stock by the Company unless the Company retains only Stock with a Fair Market Value equal to the minimum amount of taxes required to be withheld. The Company may also deduct from any award under the Plan payment of any other amounts due by Participant to the Company.

assistant: Tax Withholdings
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: Headings at the beginning of each article and section are solely for the convenience of the parties and are not a part of this Agreement. Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared the same. In the event the date on which Purchaser or Seller is required to take any action under the terms of this Agreement is not a Business Day, the deadline for the performance of such action shall be the next succeeding Business Day. The words “herein,” “hereof,” “hereinafter” and words and phrases of similar import refer to this Agreement as a whole and not to any particular Section or Article. Except as otherwise specifically indicated, all references in this Agreement to Articles or Sections refer to Articles or Sections of this Agreement.

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: The Supreme Court held that “our test only requires” “that the state law substantially affect the risk pooling arrangement between the insurer and insured.... ” Id. (Emphasis added.) That is, the state law at issue must “alter the scope of permissible bargains between insurers and insureds.” Id. at 338-39, 123 S.Ct. 1471. The requirement that the Court engage in a de novo standard of review and the right to a jury trial dictates to the insurance company the conditions under which it must pay for the risk it has assumed. In Rush Prudential, the Supreme Court held that an independent review requirement affected the substantive terms of the insurance policy and thus, not simply the risk insured against. Rush Prudential, 536 U.S. at 373-75, 122 S.Ct. 2151; see Kidneigh, 345 F.3d at 1186-87 (<HOLDING>); Am. Council of Life Insurers, 558 F.3d at Options: A. recognizing change B. recognizing presumption C. recognizing this rule D. recognizing rush prudentials holding E. recognizing rule

assistant: The best answer is D. recognizing rush prudentials holding
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 such an evaluation. Conn. Gen. Stat. § 17a-582(e). The court then considers both reports as well as any other evidence, including witness testimony, provided by the parties. Section 17a-582 further provides that a person found not guilty by reason of mental disease or defect may contest a court’s order regarding confinement or conditional release. Conn. Gen.Stat. § 17a-582(g) (“An order of the court pursuant to subsection (e) of this section may be appealed by the acquittee or the state’s attorney to the Appellate Court. The court shall so notify the acquittee.”) Kalman has appealed his confinement. Furthermore, following entry of the court order committing him to the PSRB’s custody, the PSRB, pursuant to section .Ed.2d 67 (1987); Seibel v. Kemble, 63 Haw. 516, 631 P.2d 173 (1981) (<HOLDING>). Therefore, the defendants are entitled to Options: A. holding that qualified immunity is not merely immunity from damages but also immunity from suit B. holding that judges have immunity from suit for judicial acts C. holding that regardless of whether the deferred adjudication was part of a plea bargain recommended by the prosecution imposed by the trial court without objection by the appellant or granted under other circumstances once the trial court proceeds to adjudication it is restricted in the sentence it imposes only by the relevant statutory limits D. holding that psychiatrists who upon appointment by a court recommended the release of a man acquitted of a crime by reason of mental disease or defect enjoyed judicial immunity from suit for damages by relatives of a woman later killed by the man released E. holding that in the absence of a statute providing immunity the defense of sovereign immunity is not available to a municipal corporation in an action for damages alleged to be caused by the tortious conduct of the municipality

assistant: The best answer is D. holding that psychiatrists who upon appointment by a court recommended the release of a man acquitted of a crime by reason of mental disease or defect enjoyed judicial immunity from suit for damages by relatives of a woman later killed by the man released
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the fact that, where a prisoner has sufficient alternative opportunities for worship, his religious exercise is not substantially burdened. See, Murphy v. Missouri Dept. of Corr, supra at 983 (“A prisoner need not be afforded his preferred means of practicing his religion as long as he is afforded sufficient means to do so.”), citing Hammons v. Saffle, 348 F.3d 1250, 1256 (10th Cir.2003). We are also mindful that some District Courts, in other Districts, have found that a prisoner’s ability to pray in his cell is an adequate alternative to group prayer. See, McRoy v. Cook County Dept. of Corrections, 366 F.Supp.2d 662, 676 (N.D.Ill.2005), aff'd, 205 Fed.Appx. 462 (7th Cir.2006), cert. denied, 552 U.S. 1027, 128 S.Ct. 624, 169 L.Ed.2d 402 (2007); Akbar v. Borgen, supra at 1187 (<HOLDING>); Anderson v. Harron, supra at *5; Ahmad v. Options: A. recognizing individual prayer as an appropriate alternative means for a muslim prisoner to express his religion B. holding that relatively shortterm and sporadic intrusions on an inmates prayer activities did not constitute a substantial burden on inmates free exercise of his religion C. holding a muslim prisoners free exercise claim failed because even though the prison did not provide him with halal meat he could comply with his religious requirements by simply eating a vegetarian meal and therefore the disputed policy did not force the prisoner to violate his religion D. recognizing a religious institutions right to free exercise of religion E. holding prisoner must show defendant burdened the practice of his religion by preventing him from engaging in conduct mandated by his faith

assistant: The best answer is A. recognizing individual prayer as an appropriate alternative means for a muslim prisoner to express his religion
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 disclosed in the Registration Statement and the Prospectus, the Company and its Subsidiaries have made all filings, applications and submissions required by, possess and are operating in compliance with, all approvals, licenses, certificates, certifications, clearances, consents, grants, exemptions, marks, notifications, orders, permits and other authorizations issued by, the appropriate federal, state or foreign governmental or regulatory authorities (including, without limitation, the United States Food and Drug Administration (the “ FDA ”), the United States Drug Enforcement Administration or any other foreign, federal, state, provincial, court or local government or regulatory authorities including self-regulatory organizations engaged in the regulation of clinical trials, pharmaceuticals, biologics or biohazardous substances or materials) necessary for the ownership or lease of their respective properties or to conduct its businesses as described in the Registration Statement and the Prospectus (collectively, “ Permits ”), except for such Permits the failure of which to possess, obtain or make the same would not have a Material Adverse Effect; the Company and its Subsidiaries are in compliance with the terms and conditions of all such Permits, except where the failure to be in compliance would not have a Material Adverse Effect; all of the Permits are valid and in full force and effect, except where any invalidity, individually or in the aggregate, would not be reasonably expected to have a Material Adverse Effect; and neither the Company nor any of its Subsidiaries has received any written notice relating to the limitation, revocation, cancellation, suspension, modification or non-renewal of any such Permit which, singly or in the aggregate, if the subject of an unfavorable decision, ruling or finding, would have a Material Adverse Effect, or has any reason to believe that any such license, certificate, permit or authorization will not be renewed in the ordinary course. Except as disclosed in the Registration Statement and the Prospectus and to the extent required by applicable laws and regulations of the FDA, the Company or the applicable Subsidiary has submitted to the FDA an Investigational New Drug Application or amendment or supplement thereto for each clinical trial it has conducted or sponsored or is conducting or sponsoring; all such submissions were in material compliance with applicable laws and rules and regulations when submitted and no material deficiencies have been asserted by the FDA with respect to any such submissions.

assistant: Consents
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: Both parties acknowledge that in the course of their dealings, each party may acquire information about the other, its business activities and operations, its technical information and trade secrets, and confidential patient information, which are highly confidential and proprietary to each party (the “Confidential Information”). Confidential Information shall not include (i) information generally available to or known by the public, (ii) information independently developed outside the scope of this Agreement without reference to that made available under this Agreement, or) verifiable information which was known to the recipient prior to receipt from the other party. Each party shall hold all such Confidential Information in strict confidence and shall not reveal the same except pursuant to a court order or upon request of the other party. The Confidential Information shall be safeguarded with a reasonable degree of care. Each party shall immediately return to the other party all Confidential Information upon written request by the other party. HOSPITAL shall use reasonable efforts to remove or de-identify any information or data to be reviewed or audited by ASHS; provided that, if protected health information will be disclosed to ASHS because it is impracticable for HOSPITAL to remove or de-identify such information given the volume of data to be reviewed or audited by ASHS, then, ASHS will execute HOSPITAL’s HIPAA Business Associate agreement in the form attached as Exhibit 3 to this Agreement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the fullest extent permitted by law , you agree to defend , indemnify , and hold harmless the company parties from and against any claims , actions or demands , including , without limitation , reasonable legal and accounting fees , arising or resulting from ( i ) your breach of this eula ; ( ii ) your access to , use or misuse of the company content or the service ; or ( iii ) your user content .

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: There is no Action pending before any Governmental Authority or, to the Knowledge of Buyer, threatened (including allegations that could form the basis for future Action), against Buyer or any of its properties, officers, directors or stockholders (in their capacities as such), or any judgment, decree or order against Buyer, in each case that could reasonably be expected to adversely affect the ability of Buyer to perform its obligations under this Agreement and the other Transaction Documents and consummate the Transaction and the other transactions contemplated by the other Transaction Documents or materially alter or delay the Transaction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: A memorandum of the Ground Lease has been duly recorded. The Ground Lease permits the interest of Borrower to be encumbered by a mortgage. There have not been amendments or modifications to the terms of the Ground Lease since its recordation, with the exception of written instruments which have been recorded.

assistant: Modifications
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: except as otherwise agreed separately in writing between us or as set forth in the api license addendum and subject to your compliance with these terms at all times , truecaller grants you a personal , non-exclusive , non-transferable and limited right to use the services for your own personal , non-commercial use .

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: (a) Any and all payments made by or on behalf of a Loan Party under this Agreement or any other Loan Document shall be made free and clear of, and without deduction or withholding for or on account of, any Taxes; provided , that if a Loan Party, the Administrative Agent or any other applicable withholding agent shall be required by applicable Requirement of Law to deduct or withhold any Taxes from such payments, then (i) the applicable withholding agent shall make such deductions or withholdings as are reasonably determined by the applicable withholding agent to be required by any applicable Requirement of Law, (ii) the applicable withholding agent shall timely pay the full amount deducted or withheld to the relevant Governmental Authority within the time allowed and in accordance with applicable Requirement of Law, and (iii) to the extent withholding or deduction is required to be made on account of Indemnified Taxes or Other Taxes, the sum payable by the Loan Party shall be increased as necessary so that after all required deductions and withholdings have been made (including deductions or withholdings applicable to additional sums payable under this Section 2.17) the Administrative Agent or any Lender, as applicable, receives an amount equal to the sum it would have received had no such deductions or withholdings been made. Whenever any Indemnified Taxes or Other Taxes are payable by a Loan Party, as promptly as possible thereafter, such Loan Party shall send to the Administrative Agent for its own account or for the account of a Lender, as the case may be, a copy of an official receipt (or other evidence acceptable to the Administrative Agent or such Lender, acting reasonably) received by the Loan Party showing payment thereof. Without duplication, after any payment of Taxes by any Loan Party or the Administrative Agent to a Governmental Authority as provided in this Section 2.17, the Borrower Borrowers shall deliver to the Administrative Agent or the Administrative Agent shall deliver to the Borrower Borrowers , as the case may be, a copy of a receipt issued by such Governmental Authority evidencing such payment, a copy of any return required by applicable Requirements of Law to report such payment or other evidence of such payment reasonably satisfactory to the Borrower Borrowers or the Administrative Agent, as the case may be.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: raised the objection “after the close of all of the evidence by a motion”); United States v. Walsh, 75 F.3d 1, 6 (1st Cir.1996) (“[B]oth objections are subject to review only for plain error. It is true that both issues were raised in the trial court after the verdict.... But the usual rule is that an objection must be made known at the time that the court is making its decision to act....”); United States v. Lara-Hernandez, 588 F.2d 272, 274 (9th Cir.1978) (per curiam) (“Absent plain error, a conviction will not be reversed on evidentiary grounds not revealed to the trial court at the time of the assertedly erroneous ruling, even though the omitted argument is eventually made at some later stage of the trial.”); cf. United States v. Gibbs, 739 F.2d 838, 849, 850 & n. 25 (3d Cir.1984) (<HOLDING>). As we noted in Pursley II, Mr. Wardell did Options: A. holding defendants objection untimely and insufficient to preserve the issue for appeal where defendant made his constitutional objection not when the evidence was offered but during a motion to strike made after the government rested but noting that we are satisfied that in this instance the district court did not commit plain error footnote omitted B. holding that an objection was adequate when the judge cut short the objection and the defendant was not afforded the opportunity to explain his objection fully C. holding that general objection did not preserve error on appeal D. holding that the district courts failure to give a required warning now embodied at rule 11b1 is reviewed under harmless error if objection was made in the district court or under plain error if no objection was made E. holding that to preserve an alleged error in the admission of evidence a timely objection must be made to the introduction of the evidence specific grounds for the objection should be stated and a ruling on the objection must be made by the trial court

assistant: The best answer is A. holding defendants objection untimely and insufficient to preserve the issue for appeal where defendant made his constitutional objection not when the evidence was offered but during a motion to strike made after the government rested but noting that we are satisfied that in this instance the district court did not commit plain error footnote omitted
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 First Lien Collateral Agent, each First Lien Representative, on behalf of itself and each First Lien Secured Party under the First Lien Debt Facility for which it is acting, the Second Lien Collateral Agent, each Second Lien Representative, on behalf of itself, and each Second Lien Secured Party under its Second Lien Debt Facility, the Third Lien Collateral Agent and each Third Lien Representative, on behalf of itself, and each Third Lien Secured Party under its Third Lien Debt Facility, each agrees that it will take such further action and shall execute and deliver such additional documents and instruments (in recordable form, if requested) as the other parties hereto may reasonably request to effectuate the terms of, and the Lien priorities contemplated by, this Agreement.

assistant: Further Assurances
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 shall pay to the Administrative Agent all reasonable costs and out-of-pocket expenses of every kind in connection with the preparation, negotiation, execution and delivery of this Amendment and any documents and instruments relating hereto or thereto, including, without limitation, the Fee Letter dated February 12, 2014 between the Borrower and SVB (which costs include, without limitation, the reasonable and documented fees and expenses of any attorneys retained by the Administrative Agent).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: burden on a party when [it] is overbroad.” In re Subpoena Duces Tecum., 550 F.Supp.2d at 612. Additionally, the burden of proof is with the party objecting to the discovery to establish that the challenged production should not be permitted. See Finley v. Trent, 955 F.Supp. 642, 648 (N.D.W.Va.1997) (citing Castle v. Jallah, 142 F.R.D. 618, 620 (E.D.Va.1992)). Here, Defendant’s subpoenas duces tecum are both overbroad and not tailored to a particular purpose. Indeed, although Defendant asserts that its subpoenas are appropriately tailored to seek relevant information, its subpoenas, instead, command the production of “[t]he complete employment file of [Plaintiff], including application, evaluations, payroll records, corr 10-8041-PCT-FJM, 2010 WL 4607402, at *1 (D.Ariz. Nov. 4, 2010) (<HOLDING>); EEOC v. Vista Unified Sch. Dist., No. Options: A. holding subpoena of entire personnel file from former employers was overbroad B. holding that former employees state law claim of fraud brought against his former employer was preempted by labor management relations act C. holding that the former husbands property from a noninterspousal gift may not be distributed under section 610751 although use of the former husbands separate property may be awarded to the former wife to satisfy the former husbands child support obligation D. holding that former employees subjective belief that he suffered an adverse employment action as a result of discrimination without more is not enough to survive former employers summary judgment motion E. holding that employers have standing to sue

assistant: The best answer is A. holding subpoena of entire personnel file from former employers was overbroad
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 the documents or instruments referred to herein, including any exhibits and schedules attached hereto, which exhibits and schedules are incorporated herein by reference, together with the Ancillary Documents, embody the entire agreement and understanding of the Parties hereto in respect of the subject matter contained herein. There are no restrictions, promises, representations, warranties, covenants or undertakings, other than those expressly set forth or referred to herein or the documents or instruments referred to herein, which collectively supersede all prior agreements and the understandings among the Parties with respect to the subject matter contained herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Other than the Excluded Collateral and subject to Gaming Laws and Liquor Laws, Trustor hereby irrevocably assigns to Beneficiary all of Trustor's right, title and interest in, to and under: (a) all Leases and all other agreements of any kind relating to the use or occupancy of the Subject Property or any portion thereof, whether now existing or entered into after the date hereof; and (b) the rents, issues, deposits and profits of the Subject Property, including, without limitation, all amounts payable and all rights and benefits accruing to Trustor under the Leases ("Payments"). The term "Leases" shall also include all guarantees of and security for the lessees' performance thereunder, and all amendments, extensions, renewals or modifications thereto which are permitted hereunder. This is a present and absolute assignment, not an assignment for security purposes only, and Beneficiary's right to the Leases and Payments is not contingent upon, and may be exercised without possession of, the Subject Property. To the extent of any conflict of discrepancy between the terms of this Article III and the Assignment of Entitlements, Contracts, Rents and Revenues, the terms and conditions of the Assignment of Entitlements, Contracts, Rents and Revenues shall control.

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: This Agreement shall enter into effect on the Effective Date and shall remain in full force and effect until terminated by a written agreement between the Parties, unless terminated in accordance with Section 9.2, Section 9.3 or Section 9.4.

assistant: Terms
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 any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, when taken together, shall constitute but one and the same Agreement. Delivery of an executed counterpart of this Agreement by telefacsimile or other electronic method of transmission shall be equally as effective as delivery of an original executed counterpart of this Agreement. Any party delivering an executed counterpart of this Agreement by telefacsimile or other electronic method of transmission also shall deliver an original executed counterpart of this Agreement but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Agreement. The foregoing shall apply to each other Loan Document mutatis mutandis.

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: CURIAM. The State appeals the trial court’s order withholding adjudication on Andrew Joseph Foster’s first-degree felony conviction. The withhold of adjudication was entered after Foster entered an open no-contest plea to the sale or possession of a controlled substance with intent to sell within 1000 feet of a school or child care facility. See § 402.302, Fla. Stat. (2010). Commendably, Foster concedes error, based upon the plain language of section 775.08435(l)(a), Florida Statutes (2012), which prohibits a court from withholding an adjudication of guilt upon a defendant who commits a first-degree felony, and State v. Joseph, 995 So.2d 1182 (Fla. 2nd DCA 2008) (<HOLDING>). See also State v. Ketchum, 111 So.3d 197 Options: A. holding that after the trial court reclassified the seconddegree felony to a firstdegree felony based on the use of a firearm and imposed the minimum mandatory sentence of twentyfive years under section 775087 it was improper to impose a sentence that exceeded the thirtyyear statutory maximum penalty for firstdegree felonies under section 7750823b B. holding that defendant truthfully stated on firearm purchase form that he had no felony convictions given the fact that adjudication of guilt was deferred and sentence suspended on his prior offense of felony receipt of a stolen car C. recognizing that section 77508435la prohibits trial courts from withholding an adjudication of guilt on a defendant convicted of a firstdegree felony D. holding error is not harmless when the accused is convicted of firstdegree murder on a general verdict after a trial in which premeditation and felony murder theories are espoused if the felony underlying the felony murder charge is based on a legally unsupportable theory E. holding that a defendant may be convicted of felony murder when the death of his accomplice was a reasonably foreseeable result of their commission of a felony

assistant: The best answer is C. recognizing that section 77508435la prohibits trial courts from withholding an adjudication of guilt on a defendant convicted of a firstdegree felony
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 WRITTEN AGREEMENT AND THE OTHER CREDIT DOCUMENTS REPRESENT THE FINAL AGREEMENT OF PARENT, HOLDINGS, THE BORROWER, THE COLLATERAL AGENT, THE ADMINISTRATIVE AGENT, THE LETTER OF CREDIT ISSUERS AND THE LENDERS WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND (1) THERE ARE NO PROMISES, UNDERTAKINGS, REPRESENTATIONS OR WARRANTIES BY HOLDINGS, THE BORROWER, THE ADMINISTRATIVE AGENT, THE COLLATERAL AGENT, THE LETTER OF CREDIT ISSUERS OR ANY LENDER RELATIVE TO SUBJECT MATTER HEREOF NOT EXPRESSLY SET FORTH OR REFERRED TO HEREIN OR IN THE OTHER CREDIT DOCUMENTS, (2) THIS AGREEMENT AND THE OTHER CREDIT DOCUMENTS MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES AND (3) THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES; PROVIDED THAT THE SYNDICATION PROVISIONS AND THE BORROWER’S AND HOLDINGS’ CONFIDENTIALITY OBLIGATIONS IN THE COMMITMENT LETTER SHALL REMAIN IN FULL FORCE AND EFFECT. IT IS SPECIFICALLY AGREED THAT THE PROVISION OF THE CREDIT FACILITIES HEREUNDER BY THE LENDERS SUPERSEDES AND IS IN SATISFACTION OF THE OBLIGATIONS OF THE AGENTS (AS DEFINED IN THE COMMITMENT LETTER) TO PROVIDE THE COMMITMENTS SET FORTH IN THE COMMITMENT LETTER.

assistant: Integration
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: for criminal or otherwise wrongful conduct in benefits programs that it created, it explicitly did so — strengthening the State’s contention that Congress did not intend to completely occupy the retirement benefits field to the exclusion of state legislation peripherally affecting it. II. Conflict of State Law with FERS Jones’s last argument is that the State “cannot impinge on the federal government’s ability to dictate the terms on which employees seeking retirement will be subjected to criminal sanctions.” The fact that the enforcement of state laws does slightly concern the congressional prerogative to exclusively govern the postal system is not sufficient to support a claim of preemption. See, e.g., State ex rel. Danforth v. Reader’s Digest Ass’n, 527 S.W.2d 355, 362-63 (Mo.1975) (<HOLDING>); Commonwealth v. National Fed’n of the Blind, Options: A. holding the state law claims were not preempted B. holding state law prohibiting lotteries was not preempted by postal power when lottery was conducted by mail C. holding that a state law prohibiting a pass through of a gasoline tax to customers was preempted by federal law D. holding state law regulating solicitation of funds by charitable organization was not preempted by postal clause when solicitation conducted by mail E. holding that the plaintiffs state law claims are preempted by federal law

assistant: The best answer is B. holding state law prohibiting lotteries was not preempted by postal power when lottery was conducted by mail
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in Kirk, we hold that the trial court’s refusal to sever the charges is harmless error. Although Kirk controls our harmless error ruling in this case, we are troubled by the trial court’s disregard for the clear holding in Johnson and Long that the charge should have been severed. See id. (noting that the development of case rendered harmless “any error that may have initially occurred” in the denial of the motion to sever (emphasis added)). The error here is rendered “harmless” only because the defendant decided to testify in one or more of the cases, a dilemma he should not have been required to confront had the trial court applied the Johnson and Long holdings. Nevertheless, we are bound by the Kirk decision, see Commonwealth v. Burns, 240 Va. 171, 174-75, 395 S.E.2d 456, 457 (1990) (<HOLDING>), unless this Court should determine en banc Options: A. holding that stare decisis is not applicable unless the issue was squarely addressed in a prior decision B. holding that one panel of this court is bound by the precedent of an earlier panel absent en banc reconsideration or a superseding contrary decision of the supreme court C. holding that decision by panel of this court is established precedent under rules of stare decisis D. holding stare decisis applies when one court of appeals panel is faced with previous decision of different panel E. recognizing that the doctrine of stare decisis embodies the obligation to follow precedent

assistant: The best answer is C. holding that decision by panel of this court is established precedent under rules of stare decisis