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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: See Ledley v. William Penn Life Ins. Co., 138 N.J. 627, 651 A.2d 92, 95 (1995). However, apart from any persuasive weight afforded the Ninth Circuit’s decision in C’Est Moi, NHIC proffers no case law specifically suggesting that common law doctrines such as uberrimae fidei and equitable fraud may not be modified or superseded by a contractual agreement between the insurer and the insured. On the contrary, as we have noted, a number of courts have embraced the ability of parties to contract around common law. See, e.g., King, 906 F.2d at 1540-41; Conn. Indem. Co., 390 F.Supp.2d at 166-67; Progressive N. Ins. Co., 314 F.Supp.2d at 829-30; see also, e.g., McBride v. Hartford Life & Accident Ins. Co., 2007 WL 5185293, at *18, 2007 U.S. Dist. LEXIS 16917, at **64-65 (E.D.Pa. Jan. 29, 2007) (<HOLDING>). 19 . NHIC points out that during a telephone Options: A. holding an insurer has a right to rely on statements made in an insurance application B. holding under texas version of the recognition act that public policy exception is not triggered simply because the body of foreign law upon which the judgment is based is different from the law of the forum or because the foreign law is more favorable to the judgment creditor than the law of the forum C. holding that insurance application clause modified federal common law governing misrepresentations because once an insurer has entered into a policy by using an application form more favorable to the insured than the law provides it may not rely on a rule of law which is more stringent than the application form quoting espinosa v guardian life ins 856 fsupp 711 717 dmass1994 D. holding that the mccarranferguson act which bars application of a federal law in the face of a state law enacted for the purpose of regulating the business of insurance did not preclude the concurrent assertion of the federal rico statute and nevada insurance law E. recognizing that a state courts determination is not an unreasonable application of law merely because it is erroneous

assistant: The best answer is C. holding that insurance application clause modified federal common law governing misrepresentations because once an insurer has entered into a policy by using an application form more favorable to the insured than the law provides it may not rely on a rule of law which is more stringent than the application form quoting espinosa v guardian life ins 856 fsupp 711 717 dmass1994
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 retaliation claim. Id. at 925. The district court dismissed the claim, and we affirmed, finding the administrative determination issue preclusive. Id. at 930-31. This case is quite different. Here, neither the BOR decision nor the termination order addressed the issue of retaliation. The administrative proceedings simply found Avila guilty of the one count in the complaint: “Prior to 2008, you, while on duty, were insubordinate to the department when you failed to submit requests for compensation for overtime that you had worked, as directed through department publications.” The district court thus properly concluded that the agency had not determined the motive for the disciplinary action. See L.A. Police Protective League v. Gates, 995 F.2d 1469, 1474-75 (9th Cir.1993) (<HOLDING>). There is no issue preclusion. Ill Avila Options: A. holding that a bor determination could not have preclusive effect on the different issue the jury faced B. holding that previous ordered entered with prejudice did not have preclusive effect C. holding that illinois federal court erred in giving preclusive effect to minnesota state courts dismissal of action on statute of limitations grounds based on minnesotas treatment of statutes of limitations as procedural in nature and without preclusive effect D. holding that a district courts discretionary determination of the amount of restitution a criminal taxevasion defendant had to pay was unnecessary to the judgment and thus could not be given preclusive effect E. holding that unreviewed state administrative proceedings do not have preclusive effect on title vii claim

assistant: The best answer is A. holding that a bor determination could not have preclusive effect on the different issue the jury faced
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: Having determined that the district court’s sentencing calculations were based oh a proper interpretation of § 2F1.1(b)(1), we turn to the district court’s assessment of the amount of the intended loss. We find that the district court’s determination that Kipta intended to defraud First Chicago out of the entire $171,355.46 was not clearly erroneous. The fraudulent letter that Kipta used to back her deposits stated that she had -reserves of $800,000.00, an amount more than sufficient to cover the deposits into the First Chicago account. There was nothing to limit the amount of funds available for withdrawal, and the corresponding potential for loss by First Chicago, to less than the total amount deposited into the account. See United States v. Yusufu, 63 F.3d 505, 513 (7th Cir.1995) (<HOLDING>); see also United States v. Bonanno, 146 F.3d Options: A. holding that a calculation of the amount of loss is a factual finding B. holding that the record must support by a preponderance of the evidence the conclusion that mr smith realistically intended a 440896 loss or that a loss in that amount was probable C. holding that a court should consider pledged collateral when determining the amount of the intended loss D. holding that the amount that a defendant made available to himself by way of fraudulent deposits demonstrated the amount of loss intended E. holding that the district court determines the amount of loss under the preponderance of the evidence standard

assistant: The best answer is D. holding that the amount that a defendant made available to himself by way of fraudulent deposits demonstrated the amount of loss intended
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: made to Ms. Cobb, and the complaints of other teachers regarding Krystal’s behavior, are amply supported by the testimony of various witnesses, including Krystal’s own testimony. W. Va.Code § 18A-5-1, which governs a teacher’s authority, provides, in part: (a) The teacher shall stand in the place of the parent(s), guardian(s) or custodian(s) in exercising authority over the school and shall have control of all pupils enrolled in the school from the time they reach the school until they have returned to their respective homes[.] * :H * (c) The teacher shall have authority to exclude from his or her classroom or school bus any pupil who is guilty of disorderly conduct; who in any manner interferes with an orderly educati a. 700, 705, 347 S.E.2d 220, 226 (1986) (Neeley, J., dissenting) (<HOLDING>). Thus, we hold, West Virginia public school Options: A. recognizing that because the state has cognizable interests in the safety of children in its jurisdiction neglectful parents may be separated from their children B. holding that although parents have a fundamental right to the care and custody of their children they have no fundamental right to allocate support to their children as they see fit C. recognizing fundamental right of parents to care for their children D. recognizing that teachers are not merely instructors in sciences and letters they are authority figures role models behavioral examples surrogate parents after a fashion teachers stand in loco parentis children learn much more from their teachers than the quadratic equation and the proper spelling of dirndl they learn important values and morals one of the most important values children learn from their teachers is respect for the law E. holding that teachers stand in loco parentis toward a pupil in matters of discipline and security

assistant: The best answer is D. recognizing that teachers are not merely instructors in sciences and letters they are authority figures role models behavioral examples surrogate parents after a fashion teachers stand in loco parentis children learn much more from their teachers than the quadratic equation and the proper spelling of dirndl they learn important values and morals one of the most important values children learn from their teachers is respect for the law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, in exchange for Executive’s satisfactory performance of Executive’s duties and responsibilities Executive will initially be paid a Base Salary at the rate of $300,000 per annum, payable in accordance with the Company’s regular salary payment schedule and subject to applicable taxes and withholdings. The Base Salary of the Executive for subsequent years of this Agreement may be increased, decreased, or may stay the same, depending on the Executive’s performance and the performance of the Company.

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: Borrower has furnished to the Lenders on or prior to the Closing Date a copy of the Form 10-K of Borrower and its Subsidiaries for the period ended November 30, 2018; it being understood that such financial statements filed with or furnished to the SEC by the Borrower (and which are available online) shall be deemed to have been provided by the Borrower. Such financial statements and the notes thereto, and any financial statements required to be delivered by Borrower hereunder and the notes thereto, fairly present in all material respects the consolidated financial position of Borrower and its Subsidiaries as at the dates specified therein and the consolidated results of operations and cash flows for the periods then ended, all in conformity with GAAP.

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: Therefore, the parties agree that a) Recipient may disclose Confidential Information to its Subsidiaries without Discloser’s consent, if and to the extent such disclosure is required in order to fulfill the Purpose; and b) a disclosure to or by a party’s respective Subsidiaries shall be considered as disclosure to or by the respective party; and

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: understands the rights being waived). Other decisions are regarded as strategie or tactical in nature, and final authority to make such decisions is reserved to defense counsel. "Defense counsel stands as captain of the ship in ascertaining what evidence should be offered and what strategy should be employed in the defense of the case." Steward v. People, 179 Colo. 31, 34, 498 P.2d 933, 934 (1972). Examples of such strategic decisions include "what witnesses to call (excepting the defendant), whether and how to conduct eross-examination, what jurors to accept or strike, and what trial motions to make." Curtis, 681 P.2d at 511. The attorney has the authority to make tactical decisions with which the client disagrees. See Moore v. People, 174 Colo. 570, 572, 485 P.2d 114, 115 (1971) (<HOLDING>). In this case, the court of appeals concluded Options: A. holding that a judges lengthy perjury warnings to a defense witness effectively drove the witness off the stand thereby denying the defendant his due process right to present his defense B. holding that defense counsel need only consult and be governed by his clients wishes when the question arises as to whether or not a plea of guilty should be entered trial by jury waived or whether the defendant should take the witness stand in his own defense C. holding that witness grand jury testimony was admissible when defendant waived his constitutional right of confrontation by making witness unavailable by threats to his life D. holding that defense counsel opened the door to the prosecutions questioning of the defendant about prior convictions when defense counsel asked a prosecution witness whether he was aware that the defendant was a convicted felon E. holding that trial judges act of implying to jury that defense witnesses were lying his overly interrogative role in favor of prosecution his failure to rule on defense motions and multiple reprimands to defense counsel for speechmaking prejudiced jury against defense

assistant: The best answer is B. holding that defense counsel need only consult and be governed by his clients wishes when the question arises as to whether or not a plea of guilty should be entered trial by jury waived or whether the defendant should take the witness stand in his own defense
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 performance criteria to be achieved during any Performance Period and the length of the Performance Period shall be determined by the Plan Administrator upon the grant of each Performance Award. The amount of the Award to be distributed shall be conclusively determined by the Plan Administrator.

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: If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a portion of this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All issues and questions concerning the application, construction, validity, interpretation and enforcement of this Agreement and the schedules to this Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware, and specifically the Delaware Act, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Tenant's indemnity of Landlord as set forth in this Lease shall also apply with respect to any and all costs, losses, damages, injuries and liabilities related in any way to any act or omission of Tenant or Tenant's Agents, or anyone directly or indirectly employed by any of them, or in connection with Tenant's non-payment of any amount arising out of the Tenant Improvements and/or Tenant's disapproval of all or any portion of any request for payment. Except to the extent caused by Landlord's gross negligence or breach of Landlord's obligations under this Tenant Work Letter, such indemnity by Tenant, as set forth in this Lease, shall also apply with respect to any and all costs, losses, damages, injuries and liabilities related in any way to Landlord's performance of any ministerial acts reasonably necessary (i) to permit Tenant to complete the Tenant Improvements, and (ii) to enable Tenant to obtain any building permit or certificate of occupancy for the Premises.

assistant: Indemnity
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: design of the allegedly defective product.” Mullins v. Ethicon, Inc., 117 F.Supp.3d 810, 821 (S.D.W. Va. 2015) (internal quotation marks omitted); Keffer v. Wyeth, 791 F.Supp.2d 539, 547 (S.D.W. Va. 2011). While it is true that West Virginia law on the matter is not crystal clear, we agree with Ford that Morningstar “can only be read to require the production of evidence on reasonable alternative design, to gauge what ‘should have been.’ ” Restatement (Third) of Torts: Products Liability § 2, Reporter’s Note (1998). Although Morningstar does not use the phrase “alternative design,” a plaintiff in a design case, for all practical purposes, must identify an alternative design in order to establish the “state of the art.” See Church v. V.R. Wesson, 182 W.Va. 37, 385 S.E.2d 393, 396 (1989) (<HOLDING>). Sero testified that safer, proven design Options: A. holding that the plaintiff failed to establish a prima facie case of retaliation because there was no evidence that the decisionmaker knew of the plaintiffs protected conduct B. holding that plaintiff could not establish prima facie case of discrimination where plaintiff failed to meet minimum qualifications for job C. holding that the trial court properly dismissed the entire multicount complaint because the plaintiff failed to establish a prima facie case as to any of the counts D. holding plaintiff in a defective design case failed to establish a prima facie case because plaintiffs expert identified an alternative design that was not feasible at the time of manufacture and thus failed to prove that defendants design was not state of the art E. holding the plaintiff failed to make a prima facie case that the defendants failure to promote him was discriminatory where the plaintiff failed to that show he was qualified for the relevant position

assistant: The best answer is D. holding plaintiff in a defective design case failed to establish a prima facie case because plaintiffs expert identified an alternative design that was not feasible at the time of manufacture and thus failed to prove that defendants design was not state of the art
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: decision and whatever the significance attributed to Bun’s youth, the trial court found it was outweighed by the severity of his crimes, his criminal history, and his lack of remorse. 6 We note that trial counsel testified at the motion for new trial hearing that he made a conscious decision not to object to Lawson’s testimony because he believed the testimony was admissible and he did not want the judge to think he was “hiding anything.” Under Georgia law, a defendant’s juvenile court records can be considered by a trial court in the sentencing phase after conviction of a felony, and in fact, Bun’s juvenile records were admitted at the sentencing hearing for the trial court’s consideration. See OCGA § 15-11-703. See also Burrell v. State, 258 Ga. 841 (7) (376 SE2d 184) (1989) (<HOLDING>). BENHAM, Justice, dissenting. For the reasons Options: A. recognizing that all evidence admitted during merits phase of a contested trial can be considered in sentencing B. holding that the hearsay rule is not suspended in the sentencing phase C. holding that counsels failure to investigate the defendants personal and psychiatric history constituted ineffective assistance during the penalty phase but not during the guilt phase D. recognizing that former ocga 151138 b now codified at ocga 1511703 specifically provides that a defendants juvenile records may be introduced during the sentencing phase of trial E. recognizing that an inquiry into the conduct underlying a defendants juvenile adjudication may be admissible under rule 11608b nmra if the prosecution does not specifically question the defendant about the juvenile adjudication and does not otherwise present any evidence regarding the defendants juvenile adjudication

assistant: The best answer is D. recognizing that former ocga 151138 b now codified at ocga 1511703 specifically provides that a defendants juvenile records may be introduced during the sentencing phase of trial
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: on that date. Bradley and ASG may have suspected or even believed on December 24 that McGowan had violated his contract. But even a reasonable suspicion or belief does not necessarily create a “valid close question of law or fact.” Rice, 456 S.E.2d at 383. At the outset, we note that McGowan’s admission that he redesigned the SSR website and created the Linkedln page cannot form the basis of a bona fide dispute given that ASG knew McGowan had done so before it promised payment of his final wages and severance. ASG’s argument that the court should consider hearsay or other inadmissible evidence for the purpose of this determination also fails. To the extent the authority ASG cites is to the contrary, we disagree. See Moore v. Sears, Roebuck & Co., 683 F.2d 1321, 1322-23 (11th Cir.1982) (<HOLDING>). Without admissible evidence to support its Options: A. holding otherwise inadmissible evidence supporting employers good faith in a wrongful discharge claim was not hearsay B. holding that a court may rely on otherwise inadmissible evidence including hearsay evidence at the preliminary injunction stage C. recognizing tort of wrongful discharge D. holding that hearsay within a police report was inadmissible E. recognizing cause of action for wrongful discharge

assistant: The best answer is A. holding otherwise inadmissible evidence supporting employers good faith in a wrongful discharge claim was not hearsay
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: Neither the Company nor any of its Subsidiaries is required to obtain any consent, authorization or order of, or make any filing or registration with, any government, court, regulatory, self-regulatory, administrative agency or commission or other governmental agency, authority or instrumentality, domestic or foreign, of competent jurisdiction (a “ Governmental Authority ”) or any other Person in order for it to execute, deliver or perform any of its obligations under or contemplated by the Transaction Documents, in each case in accordance with the terms hereof or thereof, except for (i) the filing of a Form D pursuant to Regulation D promulgated by the SEC under the 1933 Act and (ii) the filings required by applicable state “blue sky” securities laws, rules and regulations. The Company and its Subsidiaries are unaware of any facts or circumstances that might prevent the Company from obtaining or effecting any of the registration, application or filings pursuant to the preceding sentence.

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 case excerpt and choose the best holding from the options. Case excerpt: parties agreed that post-conviction relief was warranted. In a chambers conference with counsel, the district court advised that it would not grant the stipulated resolution; however, it scheduled an evidentiary hearing to be held on April 28 and 29, 2014. Around April 7, 2014, at a status conference, counsel disclosed that they had recently learned of an additional CARES interview of S.Z., which would require granting postconviction relief. According to counsel, S.Z. made statements to Nurse Ortega that contradicted S.Z.’s previous statements. Counsel asserted that those statements were subject to Brady v. Maryland, even if unknown to the State, because of the role the CARES unit has in criminal investigations of child sexual abuse. 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) (<HOLDING>). On April 23, 2014, Molen and the State filed Options: A. holding that the failure to disclose evidence known to the defense cannot form the basis of a brady violation B. holding that the prosecution must disclose evidence favorable to the accused that is material either to guilt or to punishment C. holding prosecutor has affirmative duty to disclose material exculpatory evidence D. holding that the prosecution must disclose to the defense all exculpatory evidence known to the state or in its possession E. holding the government has an affirmative duty to disclose exculpatory evidence to a criminal defendant

assistant: The best answer is D. holding that the prosecution must disclose to the defense all exculpatory evidence known to the state or in its possession
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 essential inquiry is whether the defendant knowingly drove the vehicle in such a manner and under such conditions as was likely to cause death or great bodily harm. D.E. v. State, 904 So.2d 558, 562 (Fla. 5th DCA 2005). Although the defendant need not have foreseen the specific circumstances causing the death of the victim, the defendant should have reasonably foreseen that the same general type of harm might occur if he knowingly drove his vehicle under circumstances that would likely cause death or great bodily harm to another. Michel v. State, 752 So.2d 6, 12 (Fla. 5th DCA 2000). A number of appellate courts in Florida have stated that “speed alone” is insufficient to support a conviction for vehicular homicide. See, e.g., House v. State, 831 So.2d 1230, 1233 (Fla. 2d DCA 2002) (<HOLDING>); Hamilton v. State, 439 So.2d 238, 238-39 Options: A. holding 350 per hour reasonable for civil rights federal court litigation B. recognizing that 90 per hour is a reasonable rate for a paralegal C. holding that speed alone will not support a conviction but that other factors supported the vehicular homicide conviction where defendant was speeding at 50 to 60 miles per hour in a 30 mile per hour residential area with slowchildren playing sign D. holding that evidence was insufficient to support conviction for vehicular homicide where the defendant was driving 60 miles per hour in a 30 mile per hour zone before the collision and a minimum of 50 miles per hour at the time of impact E. holding that evidence was sufficient to support conviction for vehicular homicide where defendant was driving anywhere from 67 to 90 miles per hour in a residential neighbor hood which alone justified denial of the motion for judgment of acquittal even though the defendant was also playing with his cd driving in rainy conditions and rounding a curve in the road

assistant: The best answer is D. holding that evidence was insufficient to support conviction for vehicular homicide where the defendant was driving 60 miles per hour in a 30 mile per hour zone before the collision and a minimum of 50 miles per hour at the time of impact
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 Lender, by accepting the benefits of this Agreement and the other Loan Documents, agrees that (i) any action taken by Agent in accordance with the provisions of the Loan Documents, (ii) any action taken by Agent in reliance upon the instructions of Lenders and (iii) the exercise by Agent or of the powers set forth herein or therein, together with such other powers as are incidental thereto, shall be authorized and binding upon all of the Lenders.

assistant: Binding Effects
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 Amendment may be signed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Transmission by facsimile or other electronic transmission of an executed counterpart of this Amendment shall be deemed to constitute due and sufficient delivery of such counterpart.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall not use the proceeds of any Loan made by the Lender hereunder for any purpose or thing other than the items set forth in Subsection 2.2(a) hereof.

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: school in the 1960s; the 1995 assault in his home; the assault in the marketplace; and the motorbike theft — cumulatively amount to past persecution. While we agree that these incidents are troubling, the record does not compel the conclusion that they rise to the level of “persecution.” See Fatin v. INS, 12 F.3d 1233, 1240 (3d Cir.1993) (defining persecution as “threats to life, confinement, torture, and economic restrictions so severe that they constitute a threat to life or freedom,” and explaining that persecution “does not encompass all treatment that our society regards as unfair, unjust or even unlawful or unconstitutional”); Wong v. Att’y Gen., 539 F.3d 225, 236 (3d Cir.2008) (observing that “harassment and discrimination do not constitute persecution”); Lie, 396 F.3d at 536 (<HOLDING>). As to future persecution, Hadisaputra makes Options: A. holding that two isolated criminal acts perpetrated by unknown assailants against ethnic chinese indonesians which resulted only in the theft of some personal property and a minor injury is not sufficiently severe to be considered persecution B. holding that isolated criminal attacks do not constitute persecution C. holding that isolated criminal acts by unknown assailants resulting in theft of personal property and minor injury were not sufficiently severe to constitute persecution D. holding that harm must be sufficiently severe rising above mere harassment to constitute persecution E. holding that two isolated criminal acts perpetrated by unknown assailants are not sufficiently severe to be considered persecution

assistant: The best answer is E. holding that two isolated criminal acts perpetrated by unknown assailants are not sufficiently severe to be considered persecution
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided herein, this Agreement and the Waiver constitute the entire agreement of the parties with respect to the matters addressed herein and it supersedes all other prior agreements and understandings, both written and oral, express or implied, with respect to the subject matter of this Agreement. It is further specifically agreed and acknowledged that, except as provided herein, the Executive shall not be entitled to severance payments or benefits under any severance or similar plan, program, arrangement or agreement of or the Bank for any cessation of employment occurring during the Term of this Agreement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the instagram parties do not represent or warrant that the service will be error-free or uninterrupted ; that defects will be corrected ; or that the service or the server that makes the service available is free from any harmful components , including , without limitation , viruses .

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: This Agreement shall be construed under the laws of the State of California in the venue of the County of Los Angeles. In case of a dispute the prevailing party shall be entitled to all of its reasonable legal fees and costs. All disputes shall be resolved through binding arbitration. All obligations of Buyer shall be the sole responsibility of the newly formed acquisition entity. This Agreement contains the entire agreement between the parties and supersedes all prior and contemporaneous agreements, representations and understandings (either oral or written) of the parties. No modification, amendment, supplement or waiver of any of the provisions of this Agreement shall be effective unless in writing specifically referring hereto and executed by both parties.

assistant: Miscellaneous
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: On one or more Closing Dates, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and each of the Purchasers, severally and not jointly, agrees to purchase the Shares at a price for each Share issuable on the applicable Closing Date pursuant to this Agreement equal to the Per Share Purchase Price (“ Share Purchase Price ”), together with Warrants to purchase in the aggregate shares of Common Stock equal to one hundred and fifty percent (150%) of all Purchasers’ Conversion Shares, at a price for each Warrant issuable on the applicable Closing Date pursuant to this Agreement of $0.125 per Warrant Share (“ Warrant Purchase Price ”) (such purchase and sale being the “ Closing ”). In the aggregate, the Share Purchase Price and Warrant Purchase Price (together, the “ Purchase Price ”) shall equal a maximum of $1,100,000. Prior to the Closing, each Purchaser shall deliver to the Company, inter alia , such Purchaser’s Subscription Amount as set forth on the signature page hereto executed by such Purchaser by a wire transfer of immediately available funds, and the Company shall, on the Closing Date, deliver to each Purchaser, inter alia , written confirmation (including via email) from the Transfer Agent that it has issued book entry positions in the Shares of Series H-3 Preferred Stock as determined pursuant to Section 2.2(a). The Company and each Purchaser shall also deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, the Closings shall occur at the offices of G&M or such other location as the parties shall mutually agree. There may be more than one (1) Closing. Notwithstanding anything herein to the contrary, each Closing Date shall occur on or before March 31, 2017 (such outside date, “ Termination Date ”). If any Closing is not held on or before the Termination Date, (i) all subscription documents executed by the Company or a Purchaser shall be returned to the Company or such Purchaser, as applicable, and (ii) each Subscription Amount shall be returned, without interest or deduction to the Purchaser who delivered such Subscription Amount.

assistant: Closings
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 Employee shall be entitled to annual paid vacation in accordance with the policies established by the Board of Directors for executive employees and to voluntary leave of absence, with or without pay, from time to time at such times and upon such conditions as the Board of Directors may determine in its discretion.

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 case excerpt and choose the best holding from the options. Case excerpt: 551 U.S. at 251, 127 S.Ct. at 2403. The Supreme Court never mentioned the use of deadly force, hostages, innocent bystanders, or any other facts that are remotely similar to the case at bar. Therefore, even if the Supreme Court intended Brendlin to apply to the events that took place in this case, it could not have provided Officer Black with fair notice that a seizure was taking place and thus cannot be used to satisfy the requirement that the law be clearly established. See Coffin v. Brandau, 642 F.3d 999, 1015 (11th Cir.2011). Meanwhile, this court in Vaughan certainly clearly established that if a passenger-suspect is shot by a bullet intended to stop his fleeing during a chase with police officers, then he is seized for purposes of Fourth Amendment analysis. 343 F.3d at 1329 (<HOLDING>) (emphasis added). However, this court just as Options: A. holding an officer may order a passenger to get out of a car during a traffic stop and may frisk a passenger for weapons if the officer reasonably suspects the passenger is armed and dangerous B. holding a seizure occurs when a passenger of a car is hit by a bullet that is meant to stop him C. holding that no seizure occurred where shots were fired at a truck but did not hit the suspect because they failed to produce a stop D. holding that a passenger has standing to challenge a stops constitutionality because the passenger is seized from the moment a car is stopped E. holding no seizure occurred when after defendant began to walk away officer directed him to stop

assistant: The best answer is B. holding a seizure occurs when a passenger of a car is hit by a bullet that is meant to stop him
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 not previously paid in accordance with the Loan Agreement, the Note Amount will be due and payable ____________, 2017 [ 18 months from the date of issuance] (the "Maturity Date"), subject to acceleration upon the occurrence of an Event of Default. Maker shall have the right to prepay the Note Amount from time to time without penalty; provided that any prepayment shall be made pari passu with all outstanding Notes of this Series.

assistant: Payments
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 Performance Guarantor is permitted to make all payments under this Agreement free and clear of and without deduction or withholding for or on account of any Taxes to the extent the applicable recipient has provided documentation pursuant to Section 5.03(f) and (g) of the Receivables Purchase Agreement evidencing the exemption of such recipient from withholding Tax.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall inure to the benefit of and be binding upon the parties, their legal representatives and successors and assigns. However, the Executive's performance hereunder is personal to the Executive and shall not be assignable by the Executive. The Corporation may assign this Agreement and its rights and obligations to any affiliate or to any successor to all or substantially all of the business and/or assets of the Corporation, whether directly or indirectly, by purchase, merger, consolidation, acquisition of stock, or otherwise.

assistant: Successors
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: Securities Act directs the reader to the comment under section 204(a)(2)(B) for the meaning of “willfully.” Unif. Sec. Act § 409 cmt. (1956 amended 1958), 7C U.L.A. app. I at 873. The comment to section 204(a)(2)(B) states as follows: As the federal courts and the SEC have construed the term “willfully” in § 15(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78o(b), all that is required is proof that the person acted intentionally in the sense that he was aware of what he was doing. Proof of evil motive or intent to violate the law, or knowledge that the law was being violated, is not required. The principal function of the word “willfully” is thus to serve as a legislative hint of self-restraint to the Administrator. § 204(a)(2)(B) cmt., id. at 788 (emphasis adde Ct.App.1969) (<HOLDING>); State v. Dumke, 901 S.W.2d 100, 103 Options: A. holding that willfully violating the prohibition on engaging in business as a brokerdealer or agent without registering with the state means the defendant acted intentionally in the sense that he was aware of what he was doing B. holding there was enough evidence to find the defendant abandoned his child when he claimed to have knowledge of cpss involvement he admitted that for periods of two years and six months he did not attempt any contact with his child and from the date he canceled a home study until the petition was filed he did not attempt to contact the child or cps or provide support even when he was out of jail C. holding it immaterial that one charged with willfully selling unregistered securities had no actual knowledge that he was violating the law because he was presumed to have and is chargeable with knowledge of the laws under which he was undertaking to do business D. holding that a conviction for willful sale of unregistered securities through unregistered and unlicensed agents does not require knowledge that the law is being violated E. holding there was no rule 404b violation where the evidence was admitted to show knowledge and knowledge was an element of the crime charged

assistant: The best answer is C. holding it immaterial that one charged with willfully selling unregistered securities had no actual knowledge that he was violating the law because he was presumed to have and is chargeable with knowledge of the laws under which he was undertaking to do business
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: Borrower represents that neither it nor Sponsor has dealt with any financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement other than Goldman, Sachs & Co., Bank of America Merrill Lynch, and Lazard Frères & Co. LLC (and any commissions payable in connection therewith shall be paid solely by Sponsor). Borrower shall indemnify and hold Lender harmless from and against any and all claims, liabilities, actual, documented out-of-pocket costs and expenses of any kind in any way relating to or arising from a claim by any Person that such Person acted on behalf of Borrower in connection with the transactions contemplated in this Agreement. The provisions of this Section shall survive the expiration and termination of this Agreement and the repayment of the Indebtedness.

assistant: Brokers