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: The Borrower agrees to pay to the Lender a commitment fee, which shall accrue at a rate of 0.35% on the average daily amount of the Available Commitment during the period from and including the Effective Date to but excluding the Commitment Termination Date. Accrued commitment fees shall be payable on the Commitment Termination Date and shall be calculated on the basis of a 360-day year for the actual number of days elapsed.

assistant: Fees
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: Id., at 12. The First Circuit went on to point out that “if such access were to be mandated, the civil discovery process might actually be made more complicated and burdensome” and, “rather than facilitate an efficient and complete expiation of the facts and issues, a public right of access would unduly complicate the process.” Id., at 12, quoting Nixon v. Warner Communications, Inc., 435 U.S. 589, 599 (1978). Finally, the First Circuit opined that “the decision as to access is one best left to the sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case.” Id., at 13. Accord: Oklahoma Hospital Association v. Oklahoma Pub., Co., 748 F.2d 1421, 1425 (10th Cir. 1984), cert. denied, 473 U.S. 905 (1985) (<HOLDING>); Agent Orange Product Liability Litigation, Options: A. holding that denial of access to carbon paper and reproduction equipment and denial of facetoface access to other inmates did not deprive an inmate of his right of access to the courts B. holding that the total denial of all access to the law library for seven months violated the plaintiffs constitutional right of access to the courts C. holding that a plaintiff has no absolute unconditional right of access to the courts and no constitutional right of access to prosecute frivolous or malicious actions D. holding that a publishing company had no constitutional or other right of access to pretrial documents not filed with the court and declining to overturn the district courts denial of a motion to vacate a protective order to which the parties had stipulated E. holding that the district court did not abuse its discretion when it modified a protective order after settlement to permit public access to pretrial materials in spite of a protective order to the contrary which it viewed as having had been initially justified

assistant: The best answer is D. holding that a publishing company had no constitutional or other right of access to pretrial documents not filed with the court and declining to overturn the district courts denial of a motion to vacate a protective order to which the parties had stipulated
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Term, the Company agrees to pay the Executive a base salary (the “ Base Salary ”) at an annual rate of Three Hundred Eighty Five Thousand Dollars ($385,000), payable semi-monthly in accordance with the regular payroll practices of the Company. The Executive’s Base Salary shall be subject to review and adjustment from time to time by the Chief Executive Officer and the Board (or a committee thereof) in its sole discretion, but may not be decreased. The base salary as determined herein from time to time shall constitute “Base Salary” for purposes of this Agreement.

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: Agent shall not in any way be responsible for the performance or discharge of, and Agent does not hereby undertake to perform or discharge of, any obligation, duty, responsibility, or liability of Pledgors in connection with the Pledged Collateral or otherwise. Pledgors hereby agree to indemnify Agent and hold Agent harmless from and against all losses, liabilities, damages, claims, or demands suffered or incurred by reason of this Agreement or by reason of any alleged responsibilities or undertakings on the part of Agent to perform or discharge any obligations, duties, responsibilities, or liabilities of Pledgors in connection with the Pledged Collateral or otherwise; provided, however, that the foregoing indemnity and agreement to hold harmless shall not apply to losses, liabilities, damages, claims, or demands suffered or incurred by reason of Agent’s own gross negligence or willful misconduct. Agent shall have no duty to collect any amounts due or to become due in connection with the Pledged Collateral or enforce or preserve any Pledgor’s rights under this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: accrues.” State ex rel. Nixon v. Turpin, 994 S.W.2d 53, 59 (Mo.App.1999). Here, the dispositive issue is when Winchester’s right of distribution accrued. Neither trust explicitly required a beneficiary to survive until the date of distribution in order to receive trust assets. In the absence of language clearly expressing such an intent, the law favors the vesting of legal or equitable estates at the earliest possible time. Lehmann v. Janes, 409 S.W.2d 647, 656 (Mo.1966); Friedman v. Marshall, 876 S.W.2d 745, 748-49 (Mo.App.1994). Therefore, Winchester’s right to receive a distribution of trust assets accrued on the date of Wife’s death. This vested equitable estate passed to Winchester’s estate upon her death. See Mercantile Trust Co., N.A., v. Hardie, 39 S.W.3d 907, 913 (Mo.App.2001) (<HOLDING>). The existence of the spendt d point, they Options: A. holding that an invalid charge can be perfected through equitable tolling B. recognizing that the party can instead file a claim against the estate C. recognizing that a vested equitable estate can be passed through inheritance D. holding that the corpus of an inheritance is not included in a parents gross income but that the interest generated by an inheritance is E. holding inheritance received by debtor more than 180 days after filing but before conversion is property of chapter 7 estate

assistant: The best answer is C. recognizing that a vested equitable estate can be passed through inheritance
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: have a vested property interest in his contractual rights to severance because Freddie Mac operated in an environment of pervasive federal regulation. The government’s theory is that because Mr. Piszel voluntarily contracted with an entity that was subject to pervasive regulation, he assumed the risk of future regulation and thus cannot claim a vested interest in property that was likely to be subject to additional regulation. Because Mr. Piszel voluntarily entered into a highly regulated area, he lacked a right to exclude the government from his property. To be sure, if a regulation existed at the time of contract formation, the regulation would have inhered in the title. See A & D, 748 F.3d at 1152; Hearts Bluff Game Ranch, Inc. v. United States, 669 F.3d 1326, 1331 (Fed. Cir. 2012) (<HOLDING>); Transohio Sav. Bank v. Dir., Office of Thrift Options: A. holding that the debtor could retain exempt property because it was not property of the estate B. holding that the governments precluding plaintiff from building a mitigation bank on his property was not a taking because the governments authority predated plaintiffs property right C. holding that the court lacked jurisdiction over claims sounding in tort when the government seized and failed to return plaintiffs property or in the alternative that his property was lost as a result of the governments theft D. holding that plaintiff was entitled to compensation for governments taking of option to renew a lease E. holding that plaintiffs may have a property interest in real property

assistant: The best answer is B. holding that the governments precluding plaintiff from building a mitigation bank on his property was not a taking because the governments authority predated plaintiffs property right
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has the necessary corporate power and authority to enter into this Agreement and to assume and perform its obligations hereunder. The execution and delivery of this Agreement and the performance by the Company of its obligations hereunder have been duly authorized by the Board of Directors of the Company. This Agreement has been duly executed and delivered by the Company and constitutes a legal, valid and binding obligation of the Company enforceable against it in accordance with its terms, subject to (a) applicable bankruptcy, insolvency, reorganization and moratorium laws, (b) other laws of general application affecting the enforcement of creditors’ rights generally and general principles of equity, (c) the discretion of the court before which any proceeding therefor may be brought, and (d) as rights to indemnity may be limited by federal or state securities laws or by public policy.

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: Any and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall be deemed given and effective on the earliest of (a) the date of transmission, if such notice or communication is delivered via email to the email address set forth on the signature pages attached hereto prior to 5:30 p.m. (New York City time) on a Trading Day, (b) the next Trading Day after the date of transmission, if such notice or communication is delivered via email to the email address set forth on the signature pages attached hereto on a day that is not a Trading Day or later than 5:30 p.m. (New York City time) on any Trading Day, (c) the 2 nd Trading Day following the date of transmission if sent by U.S. nationally recognized overnight courier service, or (d) upon actual receipt by the party to whom such notice is required to be given. The address for such notices and communications shall be as set forth on the signature pages attached hereto.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: any failure by spotify or any third party beneficiary to enforce the agreements or any provision thereof shall not waive spotify 's or the applicable third party beneficiary 's right to do so .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and its Subsidiaries possess all such licenses, permits, consents, orders, certificates, authorizations, approvals, franchises and rights issued by and have obtained or made all such registrations with the appropriate federal, state, foreign or local regulatory agencies or judicial or governmental bodies that are or will be necessary to conduct their business as described in the Registration Statement and the Prospectus, except for licenses, permits, consents, orders, certificates, authorizations, approvals, franchises, rights or registrations, the absence of which, individually or in the aggregate, would not have a Material Adverse Effect; the Company and its Subsidiaries have not received any notice of proceedings or investigations relating to the revocation or modification of any such licenses, permits, consents, orders, certificates, authorizations, approvals, franchises, rights or registrations which, singly or in the aggregate, if the subject of an unfavorable decision, ruling or finding, would have a Material Adverse Effect. No consent, approval, authorization, permit, or order of, or filing or registration with, any court or governmental or self-regulatory agency or body is required for the issue and sale of the Shares and the consummation by the Company of the transactions contemplated by this Agreement, except the filing with the Commission of the Registration Statement (including the Prospectus) and amendments and supplements to the Registration Statement and Prospectus related to the issue and sale of the Shares, filings related to the transactions contemplated hereby on Form 8‑K and such consents, approvals, authorizations, registrations or qualifications as have already been obtained or made or as may be required by the Financial Industry Regulatory Authority, Inc. (“FINRA”) or Principal Trading Market or under state securities or Blue Sky laws.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The representations, warranties and covenants contained in this Agreement and the Closing Documents shall survive for 270 days after the Closing Date, unless a longer or shorter survival period is expressly provided for in this Agreement, and provided that prior to the date that is 270 days after the Closing Date, Purchaser or Seller, as the case may be, delivers written notice to the other party of such alleged breach specifying with reasonable detail the nature of such alleged breach and files an action with respect thereto within ninety (90) days after the giving of such notice.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company represents and warrants to Investor as follows: (a) the Company has the power and authority to execute, deliver and carry out the terms and provisions of this Agreement and to consummate the transactions contemplated by this Agreement and (b) this Agreement has been duly and validly authorized, executed and delivered by the Company, constitutes a valid and binding obligation and agreement of the Company and is enforceable against the Company in accordance with its terms, except as enforcement of this Agreement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or similar laws generally affecting the right of creditors and subject to general equity principles.

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: discussed, was premised on the fact that the First Amendment rights of free citizens were implicated by the censorship of prisoners’ mail. Without notifying the free citizen of the impending rejection, he would not be able to challenge the decision which may infringe his right to free speech. Cf. Trudeau v. Wyrick, 713 F.2d 1360, 1366 (8th Cir.1983) (author of letter brought a First Amendment challenge); Abdul Wali v. Coughlin, 754 F.2d 1015, 1027-28 (2d Cir.1985) (the author would have standing to challenge interference with prisoners’ mail). Second, since the inmate-recipient would not have seen the contents of the withheld letter, he may require the aid of the author to meaningfully challenge the rejection decision. See Cofone v. Manson, 409 F.Supp. 1033, 1042 (D.Conn.1976) (<HOLDING>). We conclude, finally, that a mail censorship Options: A. holding that a pro se prisoner complaint is deemed filed as of the date the prisoner gives the complaint to prison officials to be forwarded to the court B. holding that substantive changes made by administrative agencies in regulations are required to comply with certain notice and comment requirements which include publication of a notice of proposed rulemaking in the federal register an opportunity for interested persons to comment on that notice and after consideration of these comments publication of the final rule with a general statement of its basis and purpose citing 5 usc 553b c C. holding a prisoner has no constitutional right to a job in prison D. holding that a publisher must receive notice when a prison official decides to withhold a particular publication since a prisoner cannot be expected to marshal arguments in favor of its admission without the assistance of someone familiar with the material E. holding that a prisoner has no constitutionallybased liberty interest in a particular prison classification because an inmate is not entitled to a particular degree of liberty in prison

assistant: The best answer is D. holding that a publisher must receive notice when a prison official decides to withhold a particular publication since a prisoner cannot be expected to marshal arguments in favor of its admission without the assistance of someone familiar with the material
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: Schedule 3.14 to the Disclosure Letter sets forth a complete and correct description of all insurance maintained by or on behalf of Holdings or any Subsidiary as of the Closing Date. As of the Closing Date, such insurance is in full force and effect and all premiums in respect of such insurance have been paid. To the knowledge of Holdings, the insurance maintained by or on behalf of Holdings and its Subsidiaries is in such amounts (with no greater risk retention) and against such risks as is customarily maintained by companies of established repute engaged in the same or similar businesses operating in the same or similar locations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the planning mandate relates wholly to electricity transmission, as opposed to electricity sales, it involves a subject matter over which the Commission has relatively broader authority. Second, because the orders’ planning mandate is directed at ensuring the proper functioning of the interconnected grid spanning state lines, cf. Duke Power Co. v. FPC, 401 F.2d 930, 935 (D.C.Cir.1968) (explaining that the “major emphasis” of the FPA “is upon federal regulation of those aspects of the industry which — for reasons either legal or practical — are beyond the pale of effective state supervision”), the mandate fits comfortably within Section 201(b)’s grant of jurisdiction over “the transmission of electric energy in interstate commerce.” Cf. New York v. FERC, 535 U.S. at 15, 122 S.Ct. 1012 (<HOLDING>); United States v. Pub. Utils. Comm’n of Cal., Options: A. holding that section 502 is an exclusive grant of jurisdiction B. holding that section 4a12 is a broadly applicable section of the guidelines C. recognizing the oeas power to grant relief very broadly including the power to order reinstatement and back pay D. recognizing that the court has construed broadly the grant of jurisdiction in section 201 E. recognizing that the court has the power to grant leave upon certain conditions

assistant: The best answer is D. recognizing that the court has construed broadly the grant of jurisdiction in section 201
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 following Conclusions of Law: 1. Sections 501 and 502 are complementary sections which together provide for filing and allowing pre-petition claims and certain enumerated types of post-petition claims. 2. Section 50S, which needs no complement, is set apart from sections 501 and 502 by its scope and its terminology. 3. To subject administrative expense requests filed under § 503, which also provides for their allowance, to preemptive disallowance under authority of § 502 discounts the plain meanings of both sections. L Section 502(d) does not apply to administrative expenses that are allowable under § 503. ORDER IT IS THE ORDER OF THIS COURT that Movants’ request for administrative expenses is GRANTED. 1 . Compare In re Lids Corp., 260 B.R. 680, 683 (Bankr.D.Del.2001) (Walrath, J.) (<HOLDING>); Camelot Music, Inc. v. MHW Adver. and Pub. Options: A. holding that administrative expense claims are accorded special treatment under the bankruptcy code and are not subject to section 502d B. recognizing that rights under article i section 11 are subject to reasonable limitations C. holding that the eleventh amendment does not bar a bankruptcy court from issuing a money judgment against a state under the bankruptcy code D. holding that creditors rights are subject to any qualifying or contrary provisions of the bankruptcy code E. holding that claims under the adea and the nyshrl are subject to the same analysis

assistant: The best answer is A. holding that administrative expense claims are accorded special treatment under the bankruptcy code and are not subject to section 502d
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: In connection with its use, Tenant shall comply at its expense with all applicable laws, regulations and requirements of any public authority, including those regarding maintenance, operation, and use of the Property and equipment and appliances on the Property (including signs), including, without limitation, the Americans with Disabilities Act and any other act, law or regulation pertaining to persons with disabilities, except that Tenant may withhold compliance in connection with a good faith dispute so long as Landlord’s property interest is not jeopardized. In the event such dispute by Tenant proves unsuccessful, Tenant shall promptly comply with such contested law, regulation or requirement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: whether the variance application will be detrimental to the use of adjacent property; will cause undue congestion or danger to pedestrians, endanger the safety of persons or property by location or design of facilities for ingress or egress; will increase the danger of fire or otherwise endanger public safety; and will adversely affect the public health, morals, safety or general welfare. (R.R. at 546a-47a.) 6 . We note that our analysis is consistent with Pa. R.E. 701, which permits lay opinion testimony based on a witness’s personal knowledge, as well as the common law rule that lay witnesses may testify to those things they had seen, heard, felt, tasted, or smelled. See Gibson v. Workers' Compensation Appeal Board (Armco Stainless & Alloy Products), 580 Pa. 470, 861 A.2d 938 (2004) (<HOLDING>). 7 . This Court is sensitive to Objectors' Options: A. holding that lay opinion testimony on the technical subject of asbestos in the workplace was inadmissible when the witness failed to demonstrate sufficient personal experience or technical knowledge to qualify him to offer an opinion B. holding that a lay witness could not offer opinion testimony that required technical or specialized knowledge of what security measures could or should have been taken to prevent a crime C. holding that lay testimony as to the presence of asbestos in the workplace was admissible because it was rationally based upon the perception of the witness D. holding that lay witness opinion as to guilt of defendant inadmissible E. holding that lay testimony as to the presence of asbestos in the workplace which was based upon personal knowledge of employees was properly admitted

assistant: The best answer is A. holding that lay opinion testimony on the technical subject of asbestos in the workplace was inadmissible when the witness failed to demonstrate sufficient personal experience or technical knowledge to qualify him to offer an opinion
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: In the event that a court of competent jurisdiction determines that any portion of this Agreement is in violation of any law or public policy, only the portions of this Agreement that violate such law or public policy shall be stricken. All portions of this Agreement that do not violate any statute or public policy shall continue in full force and effect. Further, any court order striking any portion of this Agreement shall modify the stricken terms as narrowly as possible to give as much effect as possible to the intentions of the parties under this Agreement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 10.2 you acknowledge and agree that youtube is not responsible for the availability of any such external sites or resources , and does not endorse any advertising , products or other materials on or available from such web sites or resources .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: • for motor vehicles and real estate , a bid or offer initiates a non-binding transaction representing a buyer 's serious expression of interest in buying the seller 's item and does not create a formal contract between the buyer and the seller .

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: To Seller’s Knowledge, Seller does not own, license or control any Intellectual Property in connection with the Property, including without limitation the name “Overland Park Medical Office Building”. Seller has not received written notification of any claims or actions by any party disputing or challenging Seller’s right to use the name “Overland Park Medical Office Building” or any variation thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 1 (1977), in which it reversed the Fifth Circuit’s vacation of a district court’s remand order where the district court “had employed erroneous principles in concluding that it was without jurisdiction.” Id. Despite the apparent broad scope of § 1447(d)’s bar on appellate review, the Court emphasized in Thermtron that § 1447(d) must be read together with § 1447(c) and “that only remand orders issued under § 1447(c) and invoking the grounds specified therein,” are immune from appellate review under § 1447(d). 423 U.S. at 345-46, 96 S.Ct. at 590. Specifically, the Court held that § 1447(d) does not bar appellate review where a case has been properly removed to the district court and the remand order is issued on grounds not referable to § 1447(c). Id. at 343-45, 96 S.Ct. at 589-90 (<HOLDING>). Following Thermtron, substantial Options: A. holding that the fourth circuit has jurisdiction to review a district courts sua sponte remand order even when that remand order is styled as a remand for lack of subject matter jurisdiction if the order was in fact based on the procedural insufficiency of the notice of removal B. holding remand order reviewable because crowded docket not ground for remand under 1447c C. holding that under 28 usc 1447c and d federal jurisdiction terminates once a section 1447c remand order has been mailed to the state court D. holding that remand order based on forum selection clause is reviewable on appeal E. holding remand based on forum selection clause not within 1447c

assistant: The best answer is B. holding remand order reviewable because crowded docket not ground for remand under 1447c
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 District], particularly when some of Ms. Furse’s actions and advocacy were completely ultra vires to the role she was tasked with fulfilling.” Pls.’ Opp’n to Furse & Covington Mot. to Dismiss at 3; see also id. at 14-18. In addition, the plaintiffs state that Covington “could have and should have provided sufficient training to Ms. Furse (but apparently did not) to differentiate what kinds of actions she could appropriately engage in as a prosecutor upon her assuming the six month, full-time pro bono rotation.” Id. at 3; see also id. at 18-23. The Supreme Court has held that prosecutors enjoy absolute immunity from civil suits based on their conduct in initiating and pursuing a criminal prosecution. See Imbler v. Pachtman, 424 U.S. 409, 430-31, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (<HOLDING>). This absolute immunity extends to agency Options: A. holding that prosecutors are absolutely immune for activities intimately associated with the judicial process such as initiating and pursuing a criminal prosecution B. holding that government attorney performing acts intimately associated with the judicial phase of litigation is entitled to absolute immunity C. holding that prosecutors are absolutely immune from claims alleging conspiracy to present false testimony but witnesses including police officerwitnesses are not absolutely immune from such claims D. recognizing that a judge is not absolutely immune from criminal liability E. holding prosecutors immune from civil suits for initiating prosecutions and presenting cases

assistant: The best answer is A. holding that prosecutors are absolutely immune for activities intimately associated with the judicial process such as initiating and pursuing a criminal prosecution
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 management employees of the Corporation, its Subsidiaries and affiliates are eligible to participate in the Program upon designation by the Committee, in the case of Covered Employees, or, in the case of other management employees, upon designation by the Chief Executive Officer.

assistant: Participations
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: “wasn’t scared of him anymore.” Defendant came after Williams again, tripped over a round plate in the parking lot, and grabbed Williams around the waist. Williams again placed defendant in a headlock. Defendant shoved Williams against the tailgate of defendant’s pickup truck and stated, “If I get to my truck and get my gun, I’m going to kill you.” Williams testified that defendant made that same threat three or four times. Defendant then yelled to his stepson to get his gun; the stepson refused. After defendant complained that he was choking and could not breathe, Williams released his hold on defendant and pushed him away. The stepson ye holding offense of attempted second-degree murder exists only where defendant has specific intent to kill); State v. Huff, 469 A.2d 1251 (Me. 1984) (<HOLDING>); State v. Earp, 571 A.2d 1227 (Md. App. 1990) Options: A. holding that there was no error where one instruction did not inform the jury that in order to convict defendant of attempted murder the evidence must show that defendant had a specific intent to commit murder but where subsequent instruction did inform jury of this requirement and concluding that the instructions when read as a whole adequately informed the jury of the requirement of specific intent to kill B. holding defendant must act with specific intent to cause death of another in order to be convicted of attempted murder C. holding that attempted sexual abuse is a specific intent crime D. holding that appellate counsel was ineffective in failing to argue based on the first districts decision in montgomery that the standard attempted manslaughterbyact instruction was fundamentally erroneous where betts was charged with attempted firstdegree premeditated murder and convicted of the necessary lesserincluded offense of attempted seconddegree murder E. holding that to violate a specific intent statute the defendant must act with the purpose of violating the law

assistant: The best answer is B. holding defendant must act with specific intent to cause death of another in order to be convicted of attempted murder
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notices and all other communications under this Agreement shall be in writing and shall be deemed given when mailed by United States registered or certified mail, return receipt requested, postage prepaid, addressed as follows: if to the Company, Heritage Financial Corporation; Attention: Director of Human Resources; 201 Fifth Avenue S.W.; Olympia, Washington 98501; and if to Executive, to Executive’s most recent address in the Company’s records; or, in each respective case, to such other address as either Party may furnish to the other in writing, except that notices of changes of address shall be effective only upon receipt.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: — which we discuss below — “also selves to establish that the final rule was not arbitrary and capricious.” 204 F.3d at 235. 10 . See also Animal Legal Def. Fund, 204 F.3d at 235 ("[W]e accord agencies broad deference in choosing the level of generality at which to articulate rules.”); Metropolitan Washington Airports Auth. Prof'l Fire Fighters Ass'n v. United States, 959 F.2d 297, 300 (D.C.Cir.1992) (“[JJudicial deference is at its highest in reviewing an agency's choice among competing policy considerations, including the 186, 197 (D.C.Cir. 1993) ("The requirement that agency action not be arbitrary or capricious includes a requirement that the agency ... respond to 'relevant' and ‘significant’ public comments.” (citation omitted)). 14 . Compare General Motors, 363 F.3d at 448 (<HOLDING>), and General Elec., 290 F.3d at 382 (holding, Options: A. holding that the court has no authority to conduct a preliminary inquiry into the merits of an action to determine whether it may be maintained as a class action B. holding that chevron deference is due only when the agency acts pursuant to delegated authority and the agency action has the force of law C. holding that the ultimate focus of the inquiry into whether this court has jurisdiction under rcra is whether the agency action partakes of the fundamental characteristic of a regulation ie that it has the force of law quoting molycorp 197 f3d at 545 internal quotation mark omitted D. holding that there is nothing for a court to review when an agency has never issued a final and binding judgment that has the force of law E. recognizing that this court has rejected the notion that the agency must expressly parse or refute on the record each individual argument or piece of evidence offered by the petitioner internal quotation marks omitted

assistant: The best answer is C. holding that the ultimate focus of the inquiry into whether this court has jurisdiction under rcra is whether the agency action partakes of the fundamental characteristic of a regulation ie that it has the force of law quoting molycorp 197 f3d at 545 internal quotation mark omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterparts each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this Agreement by facsimile or portable document format (PDF) shall be as effective as delivery of a manually-executed counterpart of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: he failed to adequately supplement the record, and to challenge the competency of trial counsel. The failure of the appellate counsel to provide effective assistance resulted in the petitioner being denied his rights under the Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution, the provisions of the Alabama Constitution, and Alabama law.” (C.R. 41.) This paragraph constitutes Madison’s entire argument on this issue. The circuit court when denying relief stated: “Madison does not argue his appellate counsel was disbarred because of his performance in Madison’s case nor does he proffer any facts in his Rule 32 petition indicating how he was prejudiced due to his appellate counsel being disbarred. See Adkins v. State, [930 So.2d 524] (Ala.Crim.App.2001) (<HOLDING>). Madison also fails to identify in ... his Options: A. holding no error was committed when trial court held defense counsel in contempt in front of the jury though it would have been the better practice to reprimand counsel and impose the fine in the absence of the jury B. holding counsel will be held ineffective if he made errors so serious that counsel was not functioning as the counsel guaranteed the defendant by the sixth amendment and such performance prejudiced the defense C. holding that the district court did not abuse its discretion in denying his petition for reinstatement where membership in good standing in the state bar was required before attorney could be admitted to the federal bar and applicant had not been readmitted to state bar D. holding that review is de novo where there has been no adjudication on the merits in state court E. holding that the fact that adkins defense counsel have been disciplined by the alabama state bar on unrelated matters has no bearing on their performance in adkins trial

assistant: The best answer is E. holding that the fact that adkins defense counsel have been disciplined by the alabama state bar on unrelated matters has no bearing on their performance in adkins 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: 5 . DeSantis v. Wackenhut Corp., 793 S.W.2d 670, 677-78 (Tex.1990) (quoting Restatement (second) of Conflict of Laws § 187 (1971)). 6 . Id. at 678 (quoting Restatement (second) of Conflict of Laws § 187 (1971)). 7 . Id. ("Florida has a substantial relationship to the parties and the transaction because Wackenhut's corporate offices are there, and some of the negotiations between DeSantis and George Wackenhut occurred there.”). 8 . Uniform Arbitration Act § 1 ef seq. 9 . Tex. Civ. Prac. & Rem.Code § 171.001 et seq. 10 . 388 U.S. 395, 87 S.Ct. 1801, 18 L.Ed.2d 1270 (1967). 11 . Id. at 403 olo.Rev.Stat. Ann. § 13-22-221. 26 . Uniform Arbitration Act § 28. 27 . Compare Volt Info. Sciences v. Bd. of Trs. of Leland Stanford Jr. Univ., 489 U.S. 468, 476, 109 S.Ct. 1248, 103 L.Ed.2d 488 (1989) (<HOLDING>), with Mastrobuono v. Shearson Lehman Hutton, Options: A. holding that the faa did not preempt california law permitting court to stay arbitration pending resolution of related litigation where parties had selected california law in a standard choice of law provision B. holding that tort law and the law of punitive damages are not controlled by the contract choice of law provision C. holding fee splitting provision of arbitration agreement unconscionable under california law D. recognizing a hypothetical situation where california law left a party free to sue on a claim in maryland even after the claim was precluded in california because the california statute of limitations had expired E. holding that the ninth circuit is bound by the california supreme courts interpretation of california law

assistant: The best answer is A. holding that the faa did not preempt california law permitting court to stay arbitration pending resolution of related litigation where parties had selected california law in a standard choice of law provision
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party to this Agreement acknowledges that it has had an opportunity to review this Agreement with legal counsel regarding the meaning of this Agreement, the obligations imposed by this Agreement and the legal implications of this Agreement, as well as the advisability of entering into this Agreement. Each Party acknowledges that it is executing this Agreement voluntarily and of its own free will, without any coercion or duress, and that this Agreement constitutes a legal, valid, and binging agreement, enforceable in accordance to its terms.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that although individual employees cannot be held liable under Title VII, the text and history of the DCHRA suggest no similar bar. The DCHRA’s definition of employer is broader than Title VIPs and includes “any person acting in the interest of such employer, directly or indirectly.” D.C.Code Ann. §§ 2-1401.02(10). The DCHRA also makes it unlawful to aid and abet, or to attempt, any of the discriminatory acts forbidden by the statute. Id. § 2-1402.62. These textual provisions “find[ ] no analogue in the federal statute.” Wallace, 715 A.2d at 889. Thus, Wallace held that law firm partners alleged to have participated in unlawful discriminatory conduct could be held liable individually. Id.; see also Lance v. United Mine Workers of Am.1974 Pension Trust, 400 F.Supp.2d 29, 31 (D.D.C.2005) (<HOLDING>); MacIntosh v. Bldg. Owners & Managers Ass’n Options: A. holding that a civil rights plaintiff failed to state a claim upon which relief can be granted under fmla against individual individual is not employer subject to liability under the act B. holding that a prior suit and a subsequent suit between the same parties did not involve the same claim because the evidence necessary to sustain the subsequent suit was insufficient to entitle the plaintiff to relief in the prior suit C. holding that a state agency is not a person subject to suit under federal false claims act D. holding plaintiffs supervisor subject to suit E. holding individual defendants subject to suit

assistant: The best answer is E. holding individual defendants subject to suit
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: (Also see Section 7 of the Agreement) The receipt of any severance payments or benefits under the Agreement is subject to Executive signing and not revoking a separation agreement and release of claims in favor of the Company and its affiliates in a form provided by the Company (the “Release”), which must become effective and irrevocable no later than sixty (60) days following the date of Executive’s separation from service (the “Release Deadline Date”). If the Release does not become effective and irrevocable by the Release Deadline Date, Executive will forfeit any right to severance payments or benefits under the Agreement. In no event will severance payments or benefits be paid or provided until the Release actually becomes effective and irrevocable. If the Release becomes effective by the Release Deadline Date, then except as required by Section C. of this Appendix A , severance payments and benefits under the Agreement will be provided, or in the case of installments, will commence, on the day after the Release Deadline Date (the “First Payment Date”), and, in the case of installments, any payments that would have been made to Executive during the period from the date of Executive’s separation from service through the First Payment Date will be made on the First Payment Date and any remaining payments will be made as provided in this Agreement. The Company will provide the Executive with the Release within seven days after his separation from service.

assistant: Releases