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

user: Read the legal provision and list the applicable contract clause categories. Provision: Loan Unused Fee . The Borrower shall pay to the Administrative Agent for the account of each Term Lender holding Term Commitments (in accordance with each Term Lender’s Applicable Term Credit Percentage) an unused fee (the “ Term Credit Unused Fee ”) equal to the Unused Fee Rate with respect to the Term Facility times the undrawn portion of the Term Loan until the earlier of the time the Term Loan is fully disbursed or the occurrence of the Term Loan Draw Deadline. The Term Loan Unused Fee shall be due and payable quarterly in arrears on the last Business Day of March and June, 2019, and on the Term Loan Draw Deadline. The Term Credit Unused Fee shall be calculated quarterly in arrears, in accordance with the definition of Unused Fee Rate.

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 document, together with the attachment hereto and all restrictive covenants in any and all agreements between Executive and the Company or to which Executive is a party constitute the final, complete, and exclusive embodiment of the entire agreement and understanding between the Parties related to the subject matter hereof and to the compensatory arrangements between the Company and Executive and supersedes and preempts any prior or contemporaneous understandings, agreements, term sheets, or prior drafts or representations by or between the Parties, written or oral.

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: If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any rule or Law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the Share Exchange contemplated hereby is not affected in any manner materially adverse to any Party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the Parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in an acceptable manner to the end that Share Exchange contemplated hereby are fulfilled to the extent possible.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT, TOGETHER WITH THE OTHER TRANSACTION DOCUMENTS, REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. No waiver of any provision of this Agreement, and no consent to any departure by any of Grantors herefrom, shall in any event be effective unless the same shall be in writing and signed by the Purchaser, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No amendment of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the Purchaser and each of Grantors to which such amendment applies.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller has timely filed all required federal, state, county and local income, excise, withholding, property, sales, use, franchise and other tax returns, declarations and reports which are required to be filed on or before the date hereof and has paid or reserved for all taxes which have become due pursuant to such returns or pursuant to any assessment which has become payable except for taxes which it has contested in good faith.

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: arguments that VA, “acting as an agent for the Department of the Army”, breached its “contract” with him to provide education benefits in return for his service (R. at 28; Br. at 4-7), the Court has previously held in Harvey v. Brown that, even if it had determined that common-law contract principles applied to the enlistment agreement there at issue, “the remedy for [such a contract] breach in this case cannot be the relief that the veteran seeks, a direction by the Court that the unauthorized enlistment contract be honored through specific performance, because the veteran is not eligible to receive such beneñts under statutory law.” Harvey, 6 Vet.App. 416, 424 (1994) (emphasis added) (citing United States v. Larionoff, 431 U.S. 864, 869, 97 S.Ct. 2150, 53 L.Ed.2d 48 (1977) (<HOLDING>); Bell v. United States, 366 U.S. 393, 401, 81 Options: A. holding that the trial court should have dismissed the employees breach of contract claim B. holding that federal statutes and regulations can form the basis of a breach of contract claim if expressly incorporated into the contract C. holding that where question is breach of enlistmentextension bonus agreement courts should refer to statutes and regulations rather than ordinary contract principles D. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract E. holding immaterial breach did not constitute breach of contract

assistant: The best answer is C. holding that where question is breach of enlistmentextension bonus agreement courts should refer to statutes and regulations rather than ordinary contract principles
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: 597 (1973)). Similarly, "as a matter of judicial administration,” the Wisconsin supreme court has imposed the requirement that "a circuit court in a criminal case must advise the defendant that the court cannot accept a jury verdict that is not agreed to by each member of the jury.” State v. Resio, 148 Wis.2d 687, 436 N.W.2d 603, 607 (1989); see State v. Anderson, 249 Wis.2d 586, 638 N.W.2d 301, 306 (2002) (affirming this requirement). 20 . The jury waiver advisement could be grounded in this court's supervisory powers, and accordingly, would be prospective in effect. See State v. Cabagbag, 127 Hawai'i 302, 316, 277 P.3d 1027, 1042 (2012) (applying this court’s holding regarding eyewitness instructions on a prospective basis); see also Tachibana, 79 Hawai'i at 238, 900 P.2d at 1305 (<HOLDING>); Lewis, 94 Hawai'i at 297, 12 P.3d at 1238 Options: A. holding that interest does not begin to accrue until the date of judgment not the date of verdict B. holding that the act applies prospectively to complaints filed after its effective date C. holding new statute applicable only prospectively D. holding that the date of discrimination is the date on which a decision not to hire a plaintiff becomes effective E. holding that the colloquy requirement established shall only apply prospectively to cases in which the trial is not completed until after the date of the decision

assistant: The best answer is E. holding that the colloquy requirement established shall only apply prospectively to cases in which the trial is not completed until after the date of the decision
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF THE BORROWERS AND LENDER HEREBY WAIVES ITS RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS LOAN AGREEMENT, ANY OF THE LOAN DOCUMENTS, OR ANY DEALINGS BETWEEN ANY BORROWER PARTY AND LENDER RELATING TO THE SUBJECT MATTER OF THIS LOAN TRANSACTION AND THE LENDER/BORROWER RELATIONSHIP THAT IS BEING ESTABLISHED. EACH OF THE BORROWER PARTIES AND LENDER ALSO WAIVES ANY BOND OR SURETY OR SECURITY UPON SUCH BOND WHICH MIGHT, BUT FOR THIS WAIVER, BE REQUIRED OF IT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS TRANSACTION, INCLUDING WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS. EACH OF THE BORROWERS AND LENDER ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTER INTO THIS LOAN AGREEMENT, THAT EACH HAS ALREADY RELIED ON THE WAIVER IN ENTERING INTO THIS LOAN AGREEMENT AND THAT EACH WILL CONTINUE TO RELY ON THE WAIVER IN THE FUTURE. EACH OF THE BORROWERS AND LENDER FURTHER WARRANTS AND REPRESENTS THAT IT HAS REVIEWED THIS WAIVER WITH ITS LEGAL COUNSEL, AND THAT IT KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL. THIS WAIVER IS IRREVOCABLE, MEANING THAT IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING, AND THE WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THIS LOAN AGREEMENT, THE LOAN DOCUMENTS, OR TO ANY OTHER DOCUMENTS OR AGREEMENT RELATING TO THE LOAN. IN THE EVENT OF LITIGATION, THIS LOAN AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the right into a requirement. Harrod’s dispute is with a matter of substance, not form. The only pretrial motion Harrod could have filed with respect to the indictment would have been a motion to dismiss for failure to state an offense. Although Harrod could have brought such a motion, failure to state an offense falls within the class of indictment defects that need not be brought before trial. See, e.g., United States v. Foley, 73 F.3d 484, 488 (2d Cir.1996) (objection that indictment failed to set forth elements of bribery may be treated as a jurisdictional defect and addressed on appeal whether or not raised in trial court); United States v. Forbes, 16 F.3d 1294, 1297 (1st Cir.1994) (objection that indictment failed to state essential element of offense can be raised f ir.1986) (<HOLDING>); United States v. Chodor, 479 F.2d 661, 664 Options: A. holding that defendant was not entitled to entrapment instruction when there was insufficient evidence to support such an instruction B. holding that a party waived an allegation that an instruction was erroneous where the party failed to object at trial to the instruction on those grounds C. holding that defendant was not entitled to the similitude instruction under 472 where facts indicated an overt attempt to pass an altered federal reserve note D. holding that failure to request jury instruction about manner in which evidence was obtained was not error and thus did not constitute ineffective assistance because defendant was not entitled to instruction E. holding that government may prove facts outside the overt acts alleged in the indictment

assistant: The best answer is C. holding that defendant was not entitled to the similitude instruction under 472 where facts indicated an overt attempt to pass an altered federal reserve note
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: Upon the entry by the Bankruptcy Court of the Lending Order, the execution, delivery and performance by the Borrower of the Loan Documents to which it is a party and the creation of all Liens provided for therein: (a)are within the Borrower’s power; (b)have been duly authorized by all necessary corporate action; (c)do not contravene any provision of the Borrower’s charter or bylaws; (d)do not violate any law or regulation, or any order or decree of any court or Governmental Authority, other than violations by the Borrower which could not reasonably be expected to have a Material Adverse Effect; (e)do not conflict with or result in the breach or termination of, constitute a default under or accelerate or permit the acceleration of any performance required by, any material lease, material agreement or other material instrument entered into or assumed by the Borrower, which, in the aggregate, could reasonably be expected to have a Material Adverse Effect; (f)do not result in the creation or imposition of any Lien upon any of the property of the Borrower other than those in favor of the Secured Parties, pursuant to the Loan Documents and the Lending Order; and (g)do not require the consent or approval of any Governmental Authority or any other Person, except (i)those referred to in Section 2.01(e) all of which will have been duly obtained, made or complied with on or prior to the Closing Date (such consents and approvals to be in form and substance reasonably satisfactory to the Secured Parties) and (ii) consents, approvals and exemptions that the failure to obtain in the aggregate could not reasonably be expected to result in a Material Adverse Effect. Each of the Loan Documents have been duly executed and delivered by the Borrower and, subject to the entry of the Lending Order, each such Loan Document shall constitute a legal, valid and binding obligation of the Borrower enforceable against it in accordance with its terms.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be effective on the Effective Date and shall remain in effect until the term of all outstanding Exhibits has expired or such Exhibits have terminated, unless otherwise terminated as provided herein. The term for Deliverables may be set forth in the applicable Exhibit. An Exhibit that does not state a term will be effective from its last date of execution until terminated in accordance with this Agreement or the Exhibit.

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: Set forth on Schedule 4.01(b) to the Disclosure Letter is a complete and accurate list of all Subsidiaries of each Loan Party, showing as of the date hereof (as to each such Subsidiary) the jurisdiction of its incorporation, organization or formation, the number of shares (or the equivalent thereof) of each class of its Equity Interests authorized on the date hereof and the percentage of each such class of its Equity Interests owned (directly or indirectly) by such Loan Party. As of the date hereof, there are no outstanding options, warrants, rights of conversion or purchase and similar rights with respect to the shares of any Subsidiary of any Loan Party. All of the outstanding Equity Interests in each Loan Party’s Subsidiaries has been validly issued, are fully paid and non-assessable and to the extent owned by such Loan Party or one or more of its Subsidiaries, are owned by such Loan Party or Subsidiaries free and clear of all Liens.

assistant: Subsidiaries
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: To the fullest extent permitted by law, regulation, and the Articles of Incorporation and Bylaws of Bank and PMB, the Bank and/or PMB as appropriate shall pay as and when incurred all expenses, including legal and attorney costs, incurred by, or shall satisfy as and when entered or levied a judgment or fine rendered or levied against, Executive in an action brought by a third party against Executive (whether or not the Bank is joined as a party defendant) to impose a liability or penalty on Executive for an act alleged to have been committed by Executive while an officer of the Bank and/or PMB; provided, however, that Executive was acting in good faith, within what Executive reasonably believed to be the scope of Executive's employment or authority and for a purpose which the Executive reasonably believed to be in the best interests of the Bank or the Bank's shareholders and the best interests of PMB or PMB’s shareholders, and in the case of a criminal proceeding, that the Executive had no reasonable cause to believe that Executive's conduct was unlawful. Payments authorized hereunder include amounts paid and expenses incurred in settling any such action or threatened action. All rights hereunder are limited by any applicable state or Federal laws.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The waiver by any party of any breach of this Agreement shall not operate or be construed as a waiver of that party’s rights upon any subsequent or different breach. To be effective, any waiver must be set forth in a writing signed by the waiving party and must specifically identify the condition(s) or provision(s) of this Agreement being waived.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a)To the extent that there is a Determination that a deduction for depreciation or amortization attributable to a Basis Adjustment taken into account in computing a Tax Benefit Payment or Imputed Interest taken into account in computing a Tax Benefit Payment is not available, Cantor shall promptly (i) reimburse Newmark for any prior payment made to Cantor in respect of such deductions for depreciation, amortization or Imputed Interest and (ii) without duplication, indemnify Newmark and hold it harmless with respect to any interest or penalties and any other losses in respect of the disallowance of such deductions (together with reasonable attorneys’ and accountants’ fees incurred in connection with any related Tax contest, but the indemnity for such reasonable attorneys’ and accountants’ fees shall only apply to the extent Cantor is permitted to control such contest). For the avoidance of doubt, the parties agree and acknowledge that Cantor shall not have any payment or reimbursement obligation to Newmark in respect of any Covered Tax Detriment, except as contemplated by this Section 3.02 and except for the reduction (but not below zero) of amounts that would otherwise be due Cantor pursuant to Section 3.01(b) . For the further avoidance of doubt and by way of example, if $20 of depreciation is claimed in Year 1 resulting in a $10 Covered Tax Benefit and Tax Benefit Payment in the same amount to Cantor in Year 2, and the Year 1 depreciation is later disallowed by the IRS, the amount of the payment from Cantor to Newmark under this Section 3.02(a) shall include an amount equal to the $10 Tax Benefit Payment paid with respect to such disallowed depreciation plus the amount of interest and penalties, if any, paid by Newmark with respect to such disallowed depreciation plus any tax savings taken into account in computing the Tax Benefit Payment for other Covered Taxable Years that will be disallowed as a result of such payment (e.g., Imputed Interest) plus any Tax imposed on Newmark as a result of such payment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as provided in the next sentence, this Agreement constitutes 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 including, without limitation, agreements, if any, in effect immediately prior to the Effective Date. It is specifically agreed and acknowledged that exercisability of stock options and vesting of restricted stock, benefits or other rights on account of there being a "change of control" (as defined in any applicable plan or agreement providing for rights upon the occurrence of a change of control) in plans or agreements other than those designated as severance, separation, change of control or employment agreements shall not be superseded by this Agreement and shall operate in accordance with their terms. 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 with the Employer or the Company for any cessation of employment occurring while this Agreement is in effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: designs. Moreover, we also note that the similarity of the products need not be identical, as Exmark seems to argue, because the similarity may be defined in terms of the defect and any differences among the products may merely go to the weight of the evidence and not its discoverability or admissibility. See Jackson v. Firestone Tire & Rubber Co., 788 F.2d 1070, 1082-88 (5th Cir.1986); see also Uniroyal Goodrich Tire, 977 S.W.2d at 341; Davidson Oil Country Supply, Inc. v. Klockner, Inc., 908 F.2d 1238, 1245 (5th Cir.1990). We note that many other decisions from courts around the nation reject the notion that discovery in a strict product liability case is uniformly limited to the specific product at issue. See, e.g., In re Cooper Tire & Rubber Co., 568 F.3d 1180, 1191 (10th Cir.2009) (<HOLDING>); Brownlow v. General Motors Corp., No. Options: A. holding that plaintiffs work environment was not affected by comments and conduct of which she was not aware B. recognizing trial courts decision on discovery issues implies a finding that requested discovery was not reasonably available C. holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law D. holding that plaintiffs allegation that defendant had exclusive knowledge as the manufacturer did not support claim that defendant was aware of a defect E. holding that discovery on other tires was not overbroad where plaintiffs alleged that defendant was aware of tread separation problem

assistant: The best answer is E. holding that discovery on other tires was not overbroad where plaintiffs alleged that defendant was aware of tread separation problem
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: an expectation of privacy is entitled to enhanced protection in a given circumstance.” Joye, supra, 176 N.J. at 613, 826 A.2d at 651. In essence, we conclude that, because the police did not suspect criminal wrongdoing and were not investigating criminal activity, the officers could ask defendant to step out of the car and, incident to their good faith performance of their “community caretaking” function, conduct a “pat down” incident to placing him in the police car for the limited period necessary to inquire about the “missing person” report. We are not dealing with a minor motor vehicle or traffic violation which precluded the placement of defendant in the police vehicle and the “pat down” incident thereto. See State v. Lozada, 92 Ohio St.3d 74, 748 N.E.2d 520, 525-526 (2001) (<HOLDING>); Wilson v. State, 745 N.E.2d 789, 792-793 Options: A. holding that during a routine traffic stop it is reasonable for an officer to search the driver for weapons before placing the driver in a patrol car if placing the driver in the patrol car during the investigation prevents officers or the driver from being subjected to a dangerous condition and placing the driver in the patrol car is the least intrusive means to avoid the dangerous condition B. holding that the driver of a car who had permission to use the car had standing to challenge its search C. holding that it was impermissible for an officer to question a driver about matters unrelated to the traffic stop after the officer had fulfilled the purpose of the stop by issuing a written warning to the driver D. holding that injury of plaintiff who was detained in negligently parked patrol car that along with another patrol car was struck by thirdparty vehicle did not arise out of use or operation of patrol car within meaning of ttcas motorvehicle waiver rather patrol car merely furnished condition that made injury possible E. holding that even a driver not listed as an authorized driver for a rental car could nevertheless have an expectation of privacy if given permission to use the car by an authorized driver

assistant: The best answer is A. holding that during a routine traffic stop it is reasonable for an officer to search the driver for weapons before placing the driver in a patrol car if placing the driver in the patrol car during the investigation prevents officers or the driver from being subjected to a dangerous condition and placing the driver in the patrol car is the least intrusive means to avoid the dangerous condition
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 represents and warrants to the Company that Executive is not a party to any contract, agreement or understanding, written or oral, including, without limitation, any agreement containing any non-competition, non-solicitation, confidentiality or other restrictions on your activities, which could prevent Executive from entering into this Agreement or performing all of Executive's duties and obligations hereunder, other than as has been disclosed by Executive.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: U.S. Constitution or by federal law. 42 U.S.C. § 1983. Plaintiff has brought § 1983 claims against the school officials and municipal Defendants (Count III) and against Van Amburgh (Count IV). Defendants argue that Plaintiff has failed to allege a deprivation of any federally-protected right. Plaintiff alleges that Van Am-burgh’s sexual harassment deprived her of her right to bodily integrity, as protected by the Fourteenth Amendment’s Due Process Clause. It is beyond question that the Fourteenth Amendment protects the right to bodily integrity and that right “is necessarily violated when a state actor sexually abuses a schoolchild.... ” Doe v. Taylor Indep. Sch. Dist., 15 F.3d 443, 451-52 (5th Cir.1994); see also Stoneking v. Bradford Area Sch. Dist., 882 F.2d 720, 727 (3d Cir.1989) (<HOLDING>); Doe v. D'Agostino, 367 F.Supp.2d 157, 172 Options: A. recognizing stu dents right to be free of stateoccasioned damage to the students bodily integrity B. recognizing that the right to be free of stateoccasioned damage to a persons bodily integrity is protected by the fourteenth amendment guarantee of due process C. holding that schools have no duty under the due process clause to protect students from assaults by other students even where the school knew or should have known of the danger presented D. holding that transfer rule denying eligibility to students transferring from public to private schools did not violate the students rights to due process or equal protection of the laws as provided by the fourteenth amendment E. holding that a students right to bodily integrity under the fourteenth amendment encompasses a students right to be free from sexual assaults by his or her teachers

assistant: The best answer is E. holding that a students right to bodily integrity under the fourteenth amendment encompasses a students right to be free from sexual assaults by his or her teachers
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: December 2, 2002, requested leave to file its brief nunc pro tunc, see Pa.RA.P. 105(b), on the basis that it believed that the deadline was later than November 15. As the Commonwealth has not shown good cause for purposes of Rule 105(b), its request is denied, and its submission will not be considered. 5 . See, e.g., In re Welsh, 327 Pa.Super. 112, 118, 475 A.2d 123, 127 (1984) (finding that the defendant was subject to official detention when he was placed in an unsecured, unrestricted facility pursuant to the Juvenile Act); Commonwealth v. Brown, 261 Pa.Super. 240, 245, 396 A.2d 377, 379 (1978) (indicating that the defendant was still in detention although he had left jail to participate in a work-release program); see also Commonwealth v. Colon, 719 A.2d 1099, 1101 (Pa.Super. 1998) (<HOLDING>); Commonwealth v. Stewart, 436 Pa.Super. 626, Options: A. holding that the defendant was placed in official detention when two police officers approached him and told him that he was under arrest as the defendant could not reasonably have believed that he was free to leave B. holding the defendant was not under arrest when police asked him to go to the station and then offered him a ride because he did not have transportation C. holding that accused was not in custody when told he was not under arrest and was free to leave and did in fact freely leave the interview D. holding that the defendant was not seized when two officers approached the defendant on a public street and asked him questions E. holding in the context of a prosecution for second degree escape that although defendant was not handcuffed he had nonetheless been placed under arrest had had his liberty restrained in that he was not free to leave and at that point the first step in the process of transporting him to the police station had begun consequently the defendants arrest was complete and he was in custody

assistant: The best answer is A. holding that the defendant was placed in official detention when two police officers approached him and told him that he was under arrest as the defendant could not reasonably have believed that he was free to leave
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: administrator is not dispositive, it is certainly not irrelevant.” Donovan v. Mercer, 747 F.2d 304, 309 (5th Cir.1984). The court in that case held the defendant, although not formally appointed a trustee, to be a fiduciary where she was “represented” in various documents as a trustee and took actions in an official capacity as trustee. See id. Defendant asserts that he did not understand “in a technical sense” the meaning of the terms “trustee” or “plan administrator.” The Fifth Circuit rejected just such an argument in Donovan, supra, at 308 n. 4, noting the “long standing and generally accepted principle of contract law that ... a person who intentionally signs a document is bound by its contents.” See also Miller v. Lay Trucking Company, 606 F.Supp. 1326, 1334-35 (N.D.Ind.1985) (<HOLDING>). This court holds that a person who is Options: A. holding that plan language giving plan administrator power to determine which employees are eligible to participate in the plan and providing all parties dealing with the plan an interpretation of plan provisions on request indicates deferential standard of review of trustee eligibility decisions B. holding that because no plan document granted discretion to the plan administrator and because the fiduciaries had not expressly delegated their discretionary authority to the plan administrator the district court properly employed the de novo standard of review C. holding abuse of discretion review is appropriate when erisa plan grants discretion to the plan administrator D. holding that plan administrator of an erisa health plan did not have to anticipate the confusion of a plan participant E. holding that one who is named in documents as plan administrator signs documents as plan administrator and assumes discretionary authority in the administration of the pension plan is a fiduciary

assistant: The best answer is E. holding that one who is named in documents as plan administrator signs documents as plan administrator and assumes discretionary authority in the administration of the pension plan is a fiduciary
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: cross examination. Id. The New York Appellate Division has stated that “there is no need to appoint an interpreter merely because English is not defendant’s first language. Only when a defendant exhibits an inability to understand the proceedings or to communicate with counsel must a court inquire whether an interpreter is needed.” People v. Rivera, 15 A.D.3d 859, 788 N.Y.S.2d 802, 803 (N.Y.App.Div.2005), leave to appeal denied. The Hawaii Supreme Court similarly held that where the record demonstrates that the defendant had a sufficient command of English to understand the questions asked and answers given, the court’s failure to appoint an interpreter is not error. State v. Faafiti, 54 Haw. 637, 513 P.2d 697, 699 (1973); accord Flores v. State, 509 S.W.2d 580, 581 (Tex.Crim.App.1974) (<HOLDING>). We agree with the rationale behind these Options: A. holding that a guilty plea is voluntary and knowing only if the defendant understands the range of allowable punishment B. holding that a defendant must have notice that the trial court might sentence him to death C. holding that the best practice for a trial court is to question the defendant personally on the record to ensure that the defendant understands the right understands what is lost in the waiver has discussed the issue with defense counsel and voluntarily intends to waive the right D. holding that if a defendant understands and communicates reasonably well in english then the mere fact that such defendant might be able to speak another language more fluently does not warrant using an interpreter at trial E. holding that the defendant may not state one ground at trial and another on appeal

assistant: The best answer is D. holding that if a defendant understands and communicates reasonably well in english then the mere fact that such defendant might be able to speak another language more fluently does not warrant using an interpreter at 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 legal provision and list the applicable contract clause categories. Provision: THE PARTIES TO THIS NOTE HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS NOTE OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT TO THE PARTIES ENTERING INTO THIS NOTE.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in recent times.” See Wallis, 261 Ark. at 627, 550 S.W.2d at 456. Under the new approach, which is an adoption of Dr. Robert A. Leflar’s “choice influencing considerations,” Arkansas courts look to the following five factors to determine which state’s law to apply: (1) predictability of results; (2) maintenance of interstate and international order; (3) simplification of judicial task; (4) advancement of the forum’s governmental interests; and (5) application of the better rule of law. See Schlemmer v. Fireman’s Fund Ins. Co., 292 Ark. 344, 346, 730 S.W.2d 217, 219 (1987) (citing Wallis v. Mrs. Smith’s Pie Co., 261 Ark. 622, 550 S.W.2d 453 (1977) (en banc); Williams v. Carr, 263 Ark. 326, 565 S.W.2d 400 (1978)); see also Whirlpool Corp. v. Ritter, 929 F.2d 1318, 1321 (8th Cir.1991) (<HOLDING>). “In other words, the Arkansas Court, as the Options: A. recognizing that the hawaii supreme court has in the past looked to california for guidance on tort law B. holding that tort law and the law of punitive damages are not controlled by the contract choice of law provision C. recognizing that in wallis the arkansas supreme court replaced the traditional choice of law rules in tort actions with dr leflars approach D. holding in a successor liability case that questions of traditional tort law unrelated to the contract were properly governed under forum law E. holding that traditional commercial contract provided for termination at will under arkansas law

assistant: The best answer is C. recognizing that in wallis the arkansas supreme court replaced the traditional choice of law rules in tort actions with dr leflars approach
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 5.6, there is no suit (at law or in equity), claim, action, judicial or administrative proceeding, arbitration or governmental investigation now pending or, to the best knowledge of Seller threatened, (i) arising out of or relating to any aspect of the Business, or any part of the Purchased Assets, (ii) concerning the transactions contemplated by this Agreement, or (iii) involving Seller, its shareholders, or the officers, directors or employees of Seller in reference to actions taken by them in the conduct of any aspect of the Business.

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 case excerpt and choose the best holding from the options. Case excerpt: windows as personal property, an agreement on which Wells Fargo relied when determining what steps were necessary to protect its security interest in the property. Although the agreement between the parties is not binding on any third party without notice of the agreement, it is binding as between the only two parties to this particular dispute, Debtors and Wells Fargo. IT IS, THEREFORE, BY THE COURT ORDERED that Debtors’ Objection to Claim # 22 of Wejls Fargo Financial National Bank is overruled. 1 . Doc. 45. 2 . 28 U.S.C. § 157(b)(2)(B). 3 .Doc. 63. 4 . Id. at ¶ 13. 5 . Proof of Claim No. 3. 6 .Proof of Claim No. 22. 7 . Objection to Claim # 22 of Wells Fargo Financial National Bank (Doc. 45). 8 . See Butner v. United States, 440 U.S. 48, 54-55, 99 S.Ct. 914, 59 L.Ed.2d 136 (1979) (<HOLDING>). 9 . 298 B.R. 382, 387 (Bankr.W.D.Mo.2003) Options: A. holding that in a noncore proceeding a bankruptcy court may enter final orders with the consent of all the parties to the proceeding B. holding that when a state files a proof of claim in a bankruptcy proceeding the state waives its eleventh amendment immunity with regard to the bankruptcy estates claims that arise from the same transaction or occurrence as the states claim C. recognizing rule that state law governs the substance of claims in bankruptcy proceedings D. holding that in a bankruptcy proceeding state law governs the rights of the parties with regard to interests in property E. holding state law governs property interests in bankruptcy proceedings unless some federal interest requires a different result

assistant: The best answer is D. holding that in a bankruptcy proceeding state law governs the rights of the parties with regard to interests in property
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: later, Bain filed the rule 3.853 motions that are the subject of this appeal. In summarily denying both motions, the postconviction court found that they were untimely, in part because Bain’s delay in refiling was an abuse of process. However, due to an amendment to section 925.11, Florida Statutes, enacted on June 23, 2006, no time limit applies to rule 3.853 motions for postconviction DNA testing filed on or after October 1, 2005. See Ch. 2006-292, §§ 1, 4, at 2204-7, Laws of Fla. (codified in § 925.11, Fla. Stat. (2006)). Moreover, in dismissing Bain’s 2003 rule 3.853 motion without prejudice, the postconviction court set no filing deadline. Consequently, the postconviction court erroneously denied the 2006 motions as untimely. See Jumper v. State, 903 So.2d 264 (Fla. 2d DCA 2005) (<HOLDING>) Because Bain timely filed his pro se motion Options: A. holding that rule 3850 motion was not time barred where the order did not place any time limitation on when the defendant would refile his rule 3850 motion B. holding defendant was not barred from raising sentencing issue in rule 3850 motion by virtue of prior rule 3850 motion which did not raise any sentencing issues C. holding that the remedy of habeas corpus is not available as a substitute for postconviction relief under rule 3850 D. holding that defendants 3850 motion for postconviction relief was procedurally barred as successive where the defendants current rule 3850 motion is one that could have or should have been raised in his first rule 3850 motion E. holding that postconviction court could not deny a refilled rule 3850 motion as untimely when postconviction court did not set a filing deadline in dismissing defendants first rule 3850 motion without prejudice to refiling

assistant: The best answer is E. holding that postconviction court could not deny a refilled rule 3850 motion as untimely when postconviction court did not set a filing deadline in dismissing defendants first rule 3850 motion without prejudice to refiling
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and to convert Indiana Code Section 31 — 39—1—1(a)(1) into a fishing license for prosecutors and the public alike. 895 N.E.2d at 340-41 (footnote omitted; alteration omitted). In a footnote, we clarified what a fishing expedition under the statutory exception may look like: “For example, we believe that the legislature could not have intended for Indiana Code [Section] 31 — 39—1—1(a)(1) to apply to a dis-positional order in a CHINS proceeding in which an adult charged with embezzlement is mentioned only in passing.” Id. at 341 n. 27. Here, we begin our analysis with the presumption that the November 2008 transcript is confidential, either because it is a legal record subject to Indiana Code Chapter 31-39-1 or because it is the transcript of a closed proceeding. See id. at 345-46 (<HOLDING>). And with that presumption in mind, we hold Options: A. recognizing that incidents in which inmates have obtained drugs weapons and other contraband are welldocumented in case law and regularly receive the attention of the news media B. holding under indiana code section 313262 that the juvenile court erred in releasing the transcript of a confidential proceeding to news media C. holding that access rights of the news media and of the general public are identical in scope D. holding that section 5601c does not authorize appeals from juvenile courts transferring a child to district court for criminal proceedings under section 5402 of the family code E. holding that representatives of the news media have the standing to contest a court order restricting public access to legal proceedings

assistant: The best answer is B. holding under indiana code section 313262 that the juvenile court erred in releasing the transcript of a confidential proceeding to news media
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if any of the product-specific terms are different than the terms , the product-specific terms will supplement , amend , or supersede the terms , but only with respect to the subject matter of the product-specific terms .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions of this Agreement, each Stockholder shall use commercially reasonable efforts to take, or cause to be taken, all actions, and to do, or cause to be done, all things necessary to fulfill such Stockholder’s obligations under this Support 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: If any provision of this Debenture is prohibited by law or otherwise determined to be invalid or unenforceable by a court of competent jurisdiction, the provision that would otherwise be prohibited, invalid or unenforceable shall be deemed amended to apply to the broadest extent that it would be valid and enforceable, and the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of this Debenture so long as this Debenture as so modified continues to express, without material change, the original intentions of the parties as to the subject matter hereof and the prohibited nature, invalidity or unenforceability of the provision(s) in question does not substantially impair the respective expectations or reciprocal obligations of the parties or the practical realization of the benefits that would otherwise be conferred upon the parties. The parties will endeavor in good faith negotiations to replace the prohibited, invalid or unenforceable provision(s) with a valid provision(s), the effect of which comes as close as possible to that of the prohibited, invalid or unenforceable provision(s).

assistant: Severability