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: In the event the Executive dies during the Term, the Executive's employment shall automatically terminate on the date of death. In such event, the Executive's estate shall be entitled to receive his Base Salary through the date of death and the 2014 Bonus (if such 2014 Bonus has not previously been paid to the Executive), plus severance compensation provided for in Section 5(a) .

assistant: Death
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: Coal, the right to a pension arose under . the collective bargaining agreement, and the language of the Pension Plan reflects that the Machinists Union, the Aluminum Workers Union, and Reynolds granted to the Pension Appeals Board the authority to interpret the meaning of the terms “shutdown” and “layoff.” As such, Reynolds, argues that the Court should defer to the decision of the Pension Appeals Board. Further, Reynolds asserts that there is no basis for overturning the arbitration decision, because courts have held consistently that the sale of a plant with continued employment at substantially similar wages and benefits does not constitute a shutdown or layoff giving rise to special pension rights. See United Steelworkers of America v. Abex Corp., 1991 WL 236177, *2 (N.D.Ala.1991) (<HOLDING>); Blank v. Bethlehem Steel Corp., 926 F.2d 1090 Options: A. holding that an alien is only lawfully admitted for permanent residence for purposes of the ina if his or her adjustment to lawful permanent resident complied with substantive legal requirements and that because the alien failed to show that she had complied with the relevant substantive legal requirements the ij correctly determined that she had not been lawfully admitted for permanent residence and was not entitled to 212c relief B. holding that an alien who procured permanent resident status byconcealing his ineligibility had not been lawfully admitted for permanent residence C. holding that application of equitable principles in evaluating requests for permanent injunctions under the patent act should not differ from treatment of permanent injunctions in other fields of law D. holding that the phrase permanent shutdown is unambiguous and can only mean a permanent cessation of plant operations rather than the uneventful transfer of ownership E. holding that where a temporary order is later made permanent the permanent order may be challenged

assistant: The best answer is D. holding that the phrase permanent shutdown is unambiguous and can only mean a permanent cessation of plant operations rather than the uneventful transfer of ownership
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 AND THE LENDER HEREBY IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY LOAN DOCUMENT TO WHICH IT IS A PARTY OR ANY INSTRUMENT OR DOCUMENT DELIVERED THEREUNDER.

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 legal provision and list the applicable contract clause categories. Provision: While an Event of Default exists, in the event that the Collateral Agent desires to exercise any remedies, voting or consensual rights or attorney-in-fact powers set forth in this Agreement and determines it necessary to obtain any approvals or consents of any Governmental Authority or any other Person therefor, then, upon the reasonable request of the Collateral Agent, such Pledgor agrees to use its commercially reasonable efforts to assist and aid the Collateral Agent to obtain as soon as practicable any necessary approvals or consents for the exercise of any such remedies, rights and powers.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was an effort to get recklessness in, which would have changed the standard from the second circuit.”). 4 . As ove the truth of the information contained in them, but to show the lack of scienter on the part of the defendants. See Gray v. First Winthrop Corp., 82 F.3d 877, 885 n. 10 (9th Cir.1996). 7 . The argument over the stop ship reports exemplifies the problem with the generalized allegations in plaintiffs' complaint. If plaint also require direct involvement. See Affiliated Ute Citizens of Utah v. United States, 406 U.S. 128, 152, 92 S.Ct. 1456, 1471, 31 L.Ed.2d 741 (1972) (approving of primary liability of bank employees who made a market in securities despite bank representations that its duty was to individual clients); Shores v. Sklar, 647 F.2d 462, 464 n. 2 (5th Cir.1981) (<HOLDING>); Competitive Assoc., Inc. v. Laventhol, Options: A. holding defendants liable for their various roles in fraudulent marketing of bonds B. holding defendants personally liable for alleged conversion even when acting in corporate capacity C. holding that individual defendants may not be held liable for violations under title vii D. holding that state officials may be personally liable for actions taken in their official capacity E. holding the government liable to plaintiffs for breach of contract

assistant: The best answer is A. holding defendants liable for their various roles in fraudulent marketing of bonds
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices required or permitted hereunder will be given in writing by personal delivery; by confirmed facsimile transmission; by express delivery via any reputable express courier service; or by registered or certified mail, return receipt requested, postage prepaid. Any notice to the Company shall be addressed to the Chief Executive Officer of Kate Spade & Company, Two Park Avenue, New York, New York 10016, with a copy to the General Counsel, Kate Spade & Company, Inc., 5901 West Side Avenue, North Bergen, New Jersey 07047, or at such other address as the Company may hereafter designate to the Executive by notice as provided in this Section 10. Any notice to be given to the Executive shall be addressed to the Executive’s home address of record, or at such other address as the Executive may hereafter designate to the Company by notice as provided herein. Notices which are delivered personally, by confirmed facsimile transmission, or by courier as aforesaid, will be effective on the date of delivery. Notices delivered by mail will be deemed effectively given upon the fifth calendar day subsequent to the postmark date thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Assuming that the consents referred to in clauses (a) and (b) of Section 5.5 are obtained, the execution and delivery by such Commitment Party of this Agreement and each other Transaction Agreement to which such Commitment Party is a party, the compliance by such Commitment Party with all of the provisions hereof and thereof and the consummation of the transactions contemplated herein and therein (a) will not conflict with, or result in breach, modification, termination or violation of, any of the terms or provisions of, or constitute a default under (with or without notice or lapse of time or both), or result in the acceleration of, or the creation of any Lien under, any Contract to which such Commitment Party is party or is bound or to which any of the property or assets or such Commitment Party are subject, (b) to the extent applicable, will not result in any violation of the provisions of the certificate of incorporation or bylaws (or comparable constituent documents) of such Commitment Party and (c) will not result in any material violation of any Law or Order applicable to such Commitment Party or any of its properties, except in each of the cases described in clauses (a) or (c), for any conflict, breach, modification, termination, violation, default, acceleration or Lien which would not reasonably be expected, individually or in the aggregate, to prohibit or materially and adversely impact such Commitment Party’s performance of its obligations under this Agreement.

assistant: No Conflicts
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 Designated Lender makes and confirms to the Administrative Agent, the Designating Lender, and the other Lenders all of the representations, warranties and covenants of a Lender under Article XI of the Credit Agreement. Not in limitation of the foregoing, the Designated Lender (a) represents and warrants that it (i) is legally authorized to enter into this Agreement; (ii) is an “accredited investor” (as such term is used in Regulation D of the Securities Act) and (iii) meets the requirements of a “Designated Lender” contained in the definition of such term contained in the Credit Agreement; (b) confirms that it has received a copy of the Credit Agreement, together with copies of the most recent financial statements delivered pursuant thereto and such other documents and information (including without limitation the Loan Documents) as it has deemed appropriate to make its own credit analysis and decision to enter into this Agreement; (c) confirms that it has, independently and without reliance upon the Administrative Agent, any other Lender or counsel to the Administrative Agent, or any of their respective officers, directors, employees, agents or counsel, and based on such financial statements and such other documents and information, made its own credit analysis and decision to become a Designated Lender under the Credit Agreement; (d) appoints and authorizes the Administrative Agent to take such action as contractual representative on its behalf and to exercise such powers under the Loan Documents as are delegated to the Administrative Agent by the terms thereof together with such powers as are reasonably incidental thereto; and (e) agrees that it will become a party to and shall be bound by the Credit Agreement, the other Loan Documents to which the other Lenders are a party on the Effective Date (as defined below) and will perform in accordance therewith all of the obligations which are required to be performed by it as a Designated Lender. The Designated Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent, any other Lender or counsel to the Administrative Agent or any of their respective officers, directors, employees and agents, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Credit Agreement or any Note or pursuant to any other obligation. The Designated Lender acknowledges and agrees that except as expressly required under the Credit Agreement, the Administrative Agent shall have no duty or responsibility whatsoever, either initially or on a continuing basis, to provide the Designated Lender with any credit or other information with respect to the Borrower, any other Loan Party or any other Subsidiary or to notify the Designated Lender of any Default or Event of Default.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in the event of such claim , we will endeavor to provide notice of the claim , suit or action to the contact information we have for the account , provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Connolly, 257 S.W.3d at 840; Spiegel, 571 A.2d at 773. 18 . See Del.Code Ann. tit. 8, § 327 (West 2014); Ch. Ct. R. 23.1(a) (West 2014); Connolly, 257 S.W.3d at 840; Leighton v. Lewis, No. 471,1988, 1990 WL 84704, at *2-3 (Del. May 25, 1990) (precedential order). Unpublished orders of the Delaware Supreme Court are precedential. See Del. Sup.Ct. R. 14(b)(vi)(B), 17 & cmt.; New Castle Cnty. v. Goodman, 461 A.2d 1012, 1013 (Del.1983). Under Delaware law, there is also a demand requirement, but that is not at issue in this appeal. See Ch. Ct. R. 23.1(a) (West 2014); Connolly, 257 S.W.3d at 840. 19 . See Del. Code Ann. tit. 8, § 327; Ch. Ct. R. 23.1(a); Leighton, 1990 WL 84704, at *2-3. 20 . See Del.Code Ann. tit. 8, § 327; Ch. Ct. R. 23.1(a); L pp.Houston [1st Dist.] 2009, pet. denied) (<HOLDING>); Saudi v. Brieven, 176 S.W.3d 108, 113 Options: A. holding that a persons lack of standing to institute or maintain a derivative action on behalf of a texas corporation deprives texas courts of subjectmatter jurisdiction and the proper procedure is to dismiss the derivative action for lack of subjectmatter jurisdiction B. holding that a shareholder who disposes of his shares loses standing to bring a derivative action no longer a shareholder in the corporation the defendant cannot maintain a derivative action on its behalf C. holding appealable district courts order dismissing for lack of subjectmatter jurisdiction due to determination of exclusive tribal court jurisdiction D. holding that standing is component of subjectmatter jurisdiction and subjectmatter jurisdiction is essential to courts authority to hear case E. holding that standing is component of subjectmatter jurisdiction

assistant: The best answer is A. holding that a persons lack of standing to institute or maintain a derivative action on behalf of a texas corporation deprives texas courts of subjectmatter jurisdiction and the proper procedure is to dismiss the derivative action for lack of subjectmatter jurisdiction
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: appear to have received a windfall. Obviously, if AIGA had properly brought the workers’ compensation carrier into the third-party - claim, as happens in most cases, the carrier would not be entitled to receive reimbursement for the médical expenses and compensation benefits paid on the employee’s behalf; AIGA simply would have never made a payment at all. However, to allow an insurer, such as the employer’s workers’ compensation carrier in this case, to reap the ultimate benefit of an AIGA payment would violate the core principles upon which AIGA was established: (1) making injured individuals whole despite an insurer’s insolvency and (2) shifting the loss to the entire insurance industry for any insurer’s insolvency. Compare Alabama Ins. Guar. Ass’n v. Hamm, 601 So.2d 419 (Ala.1992) (<HOLDING>). Moreover, we note that our Legislature Options: A. holding that insured was entitled to collect underinsuredmotorist insurance without a setoff from other liabilityinsurance coverages because the policies covered different risks B. holding that covered employee stands in the same position as an insured in a private insurance contract C. holding claims for negligent procurement of insurance accrued on date the insured purchased the insurance policies D. holding that variable insurance policies are covered securities under slusa E. holding that despite assurances from the insurance company that the insured could file the pol after femas deadline the insured could not collect because the insured was responsible for timely filing

assistant: The best answer is A. holding that insured was entitled to collect underinsuredmotorist insurance without a setoff from other liabilityinsurance coverages because the policies covered different risks
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: who “multiplies the proceedings in any case unreasonably and vexatiously.” 28 U.S.C. § 1927. Like an award made pursuant to the court’s inherent power, an award under § 1927 is proper when the attorney’s actions are so plainly without merit as to require the conclusion that they must have been undertaken for some improper purpose. See, e.g., Oliveri v. Thompson, 803 F.2d 1265, 1273 (2d Cir.1986) (police photographs of client taken an hour after incident in which police officers allegedly employed excessive force in taking client into custody did not constitute such clear evidence of absence of excessive force to render client’s attorney liable for his adversary’s attorney’s fees as a result of bad faith); Acevedo v. Immigration and Naturalization Serv., 538 F.2d 918, 920 (2d Cir.1976) (<HOLDING>). “[T]he only meaningful difference between an Options: A. holding that evidence submitted for a motion to reopen must be material and state new facts that rebut the underlying finding B. holding that there was no new and material evidence to reopen claim where newly presented evidence was not accompanied by any medical evidence indicating a nexus to service C. holding petition seeking review of motion to reopen deportation hearing in the absence of new evidence as without merit under 1927 since petitioner was not entitled to reopen except on showing of significant new evidence D. holding that a motion to reopen seeking only to apply for a form of relief which was unavailable to the movant at the time of the hearing is subject to the regulatory requirements governing motions to reopen E. holding that a properly filed motion to reopen is a prerequisite to the filing of a new asylum application when the petitioner is under a final removal order

assistant: The best answer is C. holding petition seeking review of motion to reopen deportation hearing in the absence of new evidence as without merit under 1927 since petitioner was not entitled to reopen except on showing of significant new evidence
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 consideration of the compensation and other items of benefit provided for in this Agreement, Executive agrees not to, at any time, either during the Term of Employment or thereafter, divulge, post, use, publish, or in any other manner reveal, directly or indirectly, to any person, firm, corporation or any other form of business organization or arrangement and keep in the strictest confidence any Confidential Information, except (i) as may be reasonably necessary to the performance of Executive’s duties hereunder, (ii) with the express written consent of the Board or the Company’s General Counsel, (iii) to the extent that any such information is in or becomes in the public domain other than as a result of Executive’s breach of any of obligations hereunder, or (iv) where required to be disclosed by court order, subpoena or other government process (including but not limited to disclosure(s) required by any gaming regulatory authority) and in such event, provided, that, Executive notifies the Company in writing in accordance with Section 17 below within three (3) days of receiving such order, subpoena, or process, cooperates with the Company in seeking an appropriate protective order and in attempting to keep such information confidential to the maximum extent possible. Upon termination of employment or request of the Company, Executive agrees to promptly deliver to the Company the originals and all copies, in whatever medium, of all such Confidential Information in Executive’s possession, custody or control.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if any provision of these terms is deemed unlawful , void , or for any reason unenforceable , then that provision shall be deemed severable from our terms and shall not affect the validity and enforceability of the remaining provisions , except as set forth in the `` special arbitration provision for united states or canada users '' -- `` severability '' section below .

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 is duly organized, validly existing as a corporation and in good standing under the laws of its jurisdiction of organization. The Company is duly licensed or qualified as a foreign corporation for transaction of business and in good standing under the laws of each other jurisdiction in which its ownership or lease of property or the conduct of its business requires such license or qualification, and has all corporate power and authority necessary to own or hold its properties and to conduct its business as described in the Registration Statement and the Prospectus, except where the failure to be so qualified or in good standing or have such power or authority would not, individually or in the aggregate, reasonably be expected to have a material adverse effect on the assets, business, operations, earnings, properties, condition (financial or otherwise), prospects, stockholders’ equity or results of operations of the Company, or prevent or materially interfere with consummation of the transactions contemplated hereby (a “ Material Adverse Effect ”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: n. 8 (9th Cir.2005) (explaining that a district judge’s enhancement of a sentence, based on the fact of a prior conviction under U.S.S.G. § 2L1.2, does not raise any Sixth Amendment problems); United States v. Weiland, 420 F.3d 1062, 1079 n. 16 (9th Cir.2005) (<HOLDING>). AFFIRMED. ** This disposition is not Options: A. holding that we are bound to follow almendareztorres v united states 523 us 224 118 sct 1219 140 led2d 350 1998 even though it has been called into question unless it is explicitly overruled by the supreme court B. holding that blakely v washington 542 us 296 124 sct 2531159 led2d 403 2004 did not overrule almendareztorres v united states 523 us 224 118 sct 1219 140 led2d 350 1998 C. holding that almendareztorres v united states 523 us 224 118 sct 1219 140 led2d 350 1998 remains good law and rejecting the contention that prior convictions must be admitted by the defendant or found by the jury D. holding that almendareztorres v united states 523 us 224 118 sct 1219 140 led2d 350 1998 in which supreme court held it unnecessary to prove prior convictions beyond a reasonable doubt is narrow exception to apprendi E. holding that we are bound to follow almendareztorres even though it has been called into question unless it is explicitly overruled by the supreme court

assistant: The best answer is A. holding that we are bound to follow almendareztorres v united states 523 us 224 118 sct 1219 140 led2d 350 1998 even though it has been called into question unless it is explicitly overruled by the supreme court
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 by the parties hereto in several counterparts, each of which shall be an original and all of which shall constitute together but one and the same agreement. This Agreement shall become effective on the date first above written when counterparts hereof executed on behalf of the Borrowers, the Administrative Agent, the Issuer and each Lender (or notice thereof reasonably satisfactory to the Administrative Agent), shall have been received by the Administrative Agent.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall maintain, for itself and its Subsidiaries, general liability insurance with insurance companies reasonably acceptable to Lender in such amounts, with such terms and covering such risks as are usually carried by companies engaged in the same or similar business and similarly situated, and make such increases in the type or amount of coverage as Lender may reasonably request. At the request of Lender, copies of such policies (or such other proof of compliance with this subsection as may be satisfactory to Lender) shall be delivered to Lender and shall show Lender as mortgagee under a standard mortgage clause or lender loss payee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: From time to time within five (5) Business Days after the Lender’s demand, the Borrower will execute and deliver such additional documents, take such further action and provide such additional information as may be reasonably requested by the Lender to carry out the intent of this Agreement and the other Loan Documents and to be informed of Borrower’s status and affairs.

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: No waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the party to be charged, and then such waiver shall be effective only in the specific instance and for the specific purpose for which given.

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 case excerpt and choose the best holding from the options. Case excerpt: was not made, until after all of the candidates had been interviewed. (See Ford Deck, Ex. 13 at 65-66.) 10 . Bacchus testified that she was unaware that an offer had been extended to Dougherty. (See Walfoort Deck, Ex. 16 at 75-76.) 11 . The individual defendants contend, however, that they are not subject to suit as individuals under § 1981. (Def.’s Mot. to Dismiss at 10.) Unlike under Title VII, individual defendants can be sued for intentional race discrimination under § 1981 if they are personally involved in the discrimination or if plaintiff can "demonstrate some affirmative link to causally connect” the individual defendant with the discriminatory act. Patterson v. County of Oneida, 375 F.3d 206, 229 (2d Cir.2004); see also Flores v. Denver, 30 Fed.Appx. 816, 819 (10th Cir.2002) (<HOLDING>); Whidbee v. Garzarelli Food Specialties, Inc., Options: A. holding that standing to sue under a contract requires plaintiff to be in privity or be an intended thirdparty beneficiary B. holding that for the government to be sued on a contract pursuant to the tucker act there must be privity of contract between the plaintiff and the united states C. holding that employer may be held liable under 1981 for discrimination by supervisory employee D. holding that individual defendants may not be held liable for violations under title vii E. holding that the individual defendant does not have to be in privity of contract with the plaintiff to be held liable under 1981

assistant: The best answer is E. holding that the individual defendant does not have to be in privity of contract with the plaintiff to be held liable under 1981
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: it was in violation of the bankruptcy stay and, therefore, the justice court was without jurisdiction to enter it. Judgments — even final ones — that are void for jurisdictional defects are subject to collateral attack. Middleton v. Murff, 689 S.W.2d 212, 213 (Tex.1985); Nguyen v. Intertex, Inc., 93 S.W.3d 288, 294-95 (Tex.App.-Houston [14th Dist.] 2002, no pet.); Zarate v. Sun Operating, Ltd., 40 S.W.3d 617, 620-21 (Tex.App.-San Antonio 2001, pet. denied). But the ability to collaterally attack a judgment is limited by the long-standing and well-settled rule that we must presume the validity of the judgment under attack and, thus, extrinsic evidence may not be used to establish a lack of jurisdiction. See In re A.G.G., 267 S.W.3d 165, 169 (Tex.App.-San Antonio 2008, pet. denied) (<HOLDING>); Toles v. Toles, 113 S.W.3d 899, 914 Options: A. holding that trial court had jurisdiction to consider custody dispute before a divorce or separation action had commenced B. holding that extrinsic evidence of applicability of automatic stay could not be considered because divorce decree on its face recited that trial court had jurisdiction of matter and no evidence in record of divorce proceeding affirmatively showed that automatic stay deprived trial court of jurisdiction C. holding that district court had no jurisdiction to consider plaintiffs claims that his constitutional rights were violated in state divorce proceeding D. holding that the jurisdiction of the divorce court with regard to support and maintenance is statutorily determined unless otherwise provided by agreement incorporated into the divorce decree E. holding that the trial judge had the power to incorporate a settlement agreement in a decree following the entry of a decree of divorce

assistant: The best answer is B. holding that extrinsic evidence of applicability of automatic stay could not be considered because divorce decree on its face recited that trial court had jurisdiction of matter and no evidence in record of divorce proceeding affirmatively showed that automatic stay deprived trial court of jurisdiction
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 renewal, extension, increase, modification, alteration or rearrangement of all or any part of the Guaranteed Obligations, the Note, the Pledge Agreement, the Loan Agreement, the other Loan Documents or any other document, instrument, contract or understanding between Borrower and Lender or any other parties pertaining to the Guaranteed Obligations or any failure of Lender to notify Guarantors of any such action.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Comply to the best of Borrower’s Knowledge in all material respects with, and cause Subsidiary Bank, and each Subsidiary of Borrower to comply to the best of Borrower’s Knowledge in all material respects with, any and all Anti-Corruption Laws and applicable Sanctions, and all other Laws, to which it, Subsidiary Bank, and each Subsidiary of Borrower are subject, including without limitation, all Environmental Laws, except to the extent that the failure to do so would not reasonably be expected to have a Material Adverse Effect; and obtain, and cause Subsidiary Bank, and each Subsidiary of Borrower to obtain, any and all licenses, permits, franchises and other governmental and regulatory authorizations necessary to the conduct of the business of itself, Subsidiary Bank, and each Subsidiary of Borrower, which violation or failure to obtain does have or would reasonably be expected to cause a Material Adverse Effect. Borrower will maintain in effect and enforce policies and procedures reasonably designed to promote compliance by Borrower, Subsidiary Bank, and their Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions. Borrower shall, and shall cause Subsidiary Bank and each Subsidiary of Borrower to, provide such information and take such actions as are reasonably requested by Lender in order to assist Lender in maintaining compliance with anti-money laundering laws and regulations.

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: cocaine doses. The investigators further searched Defendant’s car and found neither drugs nor paraphernalia. The State’s meager evidence of intent to sell cannot be considered “substantial evidence” supporting the charge of possession of cocaine with intent to sell. See State v. Wiggins, 33 N.C. App. 291, 294-95, 235 S.E.2d 265, 268, cert. denied, 293 N.C. 592, 241 S.E.2d 513 (1977) (A relatively small drug quantity alone, “without some additional evidence, is not sufficient to raise an inference that the [drug] was for the purpose of distribution.”). We therefore reverse Defendant’s conviction and remand this matter to the trial court for resentencing on the lesser-included offense of possession of cocaine. See State v. Simmons, 165 N.C. App. 685, 689, 599 S.E.2d 109, 112 (2004) (<HOLDING>); State v. Robinson, 160 N.C. App. 564, 565, Options: A. holding that a prior conviction for possession with intent to distribute cocaine is admissible under rule 609 B. holding that simple possession of cocaine is not lesser included offense of conspiracy to possess cocaine with intent to distribute C. recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell D. holding that in prosecution for possession of a controlled substance cocaine possession of cutting reagents used to dilute cocaine and heroin was not other crimes evidence because possession of these substances is legal E. holding similar evidence sufficient to sustain a jury verdict of possession with intent to distribute cocaine

assistant: The best answer is C. recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as disclosed on Schedule 11.7 hereto, there are no actions or proceedings which are pending or, to the best of any Borrower’s knowledge, threatened against a Borrower which is, in the determination of Administrative Agent, reasonably likely to have a Material Adverse Effect on such Borrower. No Borrower has any Commercial Tort Claims pending other than those set forth on Exhibit F hereto as Exhibit F may be amended from time to time.

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: or disapproval of development plans. ¶ 53. Allowing the circuit court to balance the equities when an injunction is requested under Wis. Stat. § 59.69(11) will not render "meaningless the entire line of case law regarding the standard of unnecessary hardship which must be met in order for a variance applicant to be properly granted a variance." State's brief at 7. Instead, the circuit court, sitting in equity, should weigh heavily the factors considered by boards of adjustment in determining unnecessary hardship, see Wis. Stat. § 59.694(7)(c), as well as traditional equitable considerations. Equitable defenses, such as laches, estoppel, or unclean hands should also be weighed in appropriate cases. See, e.g., Ramaker v. Cities Service Oil Co., 27 Wis. 2d 143, 153, 133 N.W.2d 789 (1965) (<HOLDING>). See, also, Hargreaves v. Skrbina, 662 P.2d Options: A. holding he who seeks equity must do equity B. recognizing that a court is without jurisdiction to issue an injunction which would interfere with the rights of those who are not parties to the action C. holding a shareholders derivative action even where the only relief allowed is a recovery of damages is nevertheless a suit in equity and not an action at law D. recognizing that there may be situations where laches or estoppel would justify a court of equity in denying an injunction at the suit of private parties E. recognizing that an injunction cannot bind parties who are not before this court

assistant: The best answer is D. recognizing that there may be situations where laches or estoppel would justify a court of equity in denying an injunction at the suit of private parties
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: fact.”); Coleman, 232 F.3d at 1285 (same); see also Nichols v. S. Ill. Unwersity-Edwardsville, 510 F.3d 772, 784 (7th Cir.2007) (concluding that the “subjective beliefs” of African-American plaintiffs “that they were as qualified or even more qualified” for a position upgrade than the non-African-Americans the employer selected did not create a genuine dispute as to this issue, and thus the plaintiffs failed to create a prima facie case of race discrimination). That a non-African-American was ultimately selected for the position and thus treated more favorably than Plaintiff is not, by itself, suggestive of discrimination absent some evidence that Plaintiff and the person selected were similarly situated in material respects. See Moran v. Selig, 447 F.3d 748, 755 (9th Cir.2006) (<HOLDING>); Leong, 347 F.3d at 1124 (upholding grant of Options: A. recognizing in a title vii case that for the fourth element of the prima facie case the individuals seeking relief must demonstrate at the least that they are similarly situated to those employees allegedly receiving more favorable treatment in all material respects B. recognizing that there are at least three independent grounds on which the bia may deny a motion to reopen 1 failure to establish a prima facie case 2 failure to introduce evidence that was material and previously unavailable and 3 a determination that despite the aliens statutory eligibility for relief he or she is not entitled to a favorable exercise of discretion C. holding that more favorable treatment of similarly situated employees outside the race classification is required to make a prima facie race discrimination case D. holding that in title vii disparate treatment case in order for a plaintiff to establish a prima facie case the plaintiff must proffer evidence among other things that she performed her job according to her employers legitimate expectations if the plaintiff establishes the prima facie case the presumption shifts the burden to the employer to produce a legitimate nondiseriminatory reason for its actions E. holding that fourth element of a prima facie case is satisfied when the employees who were more favorably treated were situated similarly to the plaintiff

assistant: The best answer is A. recognizing in a title vii case that for the fourth element of the prima facie case the individuals seeking relief must demonstrate at the least that they are similarly situated to those employees allegedly receiving more favorable treatment in all material respects
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 maintains insurance underwritten by insurers of recognized financial responsibility, of the types and in the amounts that the Company reasonably believes is adequate and customary for businesses similar to the businesses in which the Company and its subsidiaries are engaged and of comparable size, including directors’ and officers’ liability insurance and insurance covering all real and personal property owned or leased by the Company or any of its subsidiaries against theft, damage, destruction, acts of vandalism and all other risks customarily insured against, with such deductibles as are customary for companies in the same or similar business, all of which insurance is in full force and effect. The Company has not been refused any insurance coverage sought or applied for, and to the Knowledge of the Company, it will be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage at a cost that would not have a Material Adverse Effect.

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: only in the discretion of the police’.” 392 U.S. at 22 (quoting Beck v. Ohio, 379 U.S. 89, 97, 13 L. Ed. 2d 142, 85 S. Ct. 223 (1964)). Moreover, all governmental enactments are subject to Fourth Amendment scrutiny and must comply with all constitutional requirements. See Tennessee v. Garner, 471 U.S. 1, 85 L. Ed. 2d 1, 105 S. Ct. 1694 (1985) (striking down the Tennessee statute authorizing the use of deadly force against unarmed subject as violative of the Fourth Amendment); Marshall v. Barlow’s, Inc., 436 U.S. 307, 325, 56 L. Ed. 2d 305, 98 S. Ct. 1816 (1978) (overturning Occupational Safety and Health Act of 1970, “in so far as it purports to authorize inspections without warrant or its equivalent.”); Sibron v. New York, 392 U.S. 40, 61, 20 L. Ed. 2d 917, 88 S. Ct. 1889 (1968) (<HOLDING>); Ker v. California, 374 U.S. 23, 34, 10 L. Ed. Options: A. holding that an agreement in violation of antitrust laws may be enforceable where the parties underlying conduct is legal B. holding in conflict of laws analysis that it was proper to apply the law of the state of washington as to the measure of damages which involved the substantive rights of the parties C. holding that in interpreting a contract we look to the conflict of laws rules of the forum state to determine which states laws will be controlling D. holding that congress did not authorize the states to enforce federal law where it gave states regulatory control through enforcement of their own laws E. holding that although a state may be free to develop its own laws of search and seizure to meet law enforcement needs such laws may not authorize police conduct which trenches upon fourth amendment rights regardless of the labels which it attaches to such conduct

assistant: The best answer is E. holding that although a state may be free to develop its own laws of search and seizure to meet law enforcement needs such laws may not authorize police conduct which trenches upon fourth amendment rights regardless of the labels which it attaches to such conduct
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of a ten-year period of probation. See id. The third district dismissed the appeal and stated Since the authority conferred upon the court by Section 948.05 is entirely a matter of grace, we hold that an order denying that relief is non-appeal-able .... This conclusion is required by the principle that the advisability, as opposed to the legality, of a particular sentence is not subject to appellate review, ... and, even more plainly, by those cases which hold that no appeal may be taken from the denial of a motion for a reduction of sentence filed under Fla. R.Crim. P. 3.800. Id. (citations omitted). See Oser v. State, 699 So.2d 844, 845 (Fla. 4th DCA 1997) (noting “orders denying motions to mitigate ... [are] not appealable”); Clewis v. State, 715 So.2d 1129, 1129 (Fla. 3d DCA 1998) (<HOLDING>). We therefore affirm the order requiring Options: A. holding an order denying a motion for summary judgment is interlocutory and not appealable B. holding that there is no authority for a motion for rehearing of an order disposing of a rule 3800 motion to correct illegal sentence and therefore the motion for rehearing did not postpone rendition of the order so as to make the notice of appeal timely C. holding that an order denying a motion to vacate a 1782 order and denying a motion to quash the subpoena was immediately appealable D. holding order denying motion for reduction of sentence under rule 3800 is not appealable E. holding that an order denying a motion to correct reduce or modify a sentence under rule 3800 is not appealable

assistant: The best answer is D. holding order denying motion for reduction of sentence under rule 3800 is not appealable
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: yahoo may freely assign the tos and all of the policies and other documents incorporated or referenced in it ( including all rights , licenses , and obligations under it or them ) , in whole or in part and without notice .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment and the other documents executed in connection herewith are the valid and legally binding obligations of Borrower and Guarantors enforceable in accordance with the respective terms and provisions hereof and thereof, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of creditors’ rights and the effect of general principles of equity.

assistant: Enforceability