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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in the event our dispute is finally resolved through arbitration in your favor , spotify shall pay you ( 1 ) the amount awarded by the arbitrator , if any , ( 2 ) the last written settlement amount offered by spotify in settlement of the dispute prior to the arbitrator 's award ; or ( 3 ) $ 1,000.00 , whichever is greater .

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: or loss of evidence qualifies as spoliation. In Milwaukee Constructors II, 177 Wis. 2d at 532, we adopted the process for evaluating the details, significance and sanctions concerning allegations of destruction of evidence set forth in Struthers Patent Corp. v. Nestle Co., 558 F. Supp. 747, 756 (D.N.J. 1981). Struthers instructs that in reviewing the conduct of the offending party, the trial court should consider not only whether the party responsible for the destruction of evidence knew, or should have known, at the time it destroyed the evidence that litigation was a distinct possibility, but also whether the offending party destroyed documents which it knew, or should have known, would constitute evidence relevant to the pending or potential litigation. See id. at 756, 765 (<HOLDING>). ¶ 16. This two-part analysis makes perfect Options: A. holding that the statute of limitations begins to run under federal law when plaintiffs knew or should have known of the injury which forms the basis of their claims B. holding that the destruction of documents which the party knew or should have known would be relevant to a pending or potential lawsuit is sanctionable C. holding that the district court erred because it applied the enhancement without taking into account whether the defendant knew or should have known possession would be unlawful D. holding that a request is sufficiently clear if the administrator knew or should have known that plan information was requested E. holding that a cause of action accrues when the claimant knew or reasonably should have known of the wrong

assistant: The best answer is B. holding that the destruction of documents which the party knew or should have known would be relevant to a pending or potential lawsuit is sanctionable
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: claims as permitted by Rule 41(a), and in accordance with that rule, the dismissal of the three claims was without prejudice. When a nonsuit has been made effective, a new action may be filed within one year of the nonsuit or within the applicable statute of limitations, whichever is longer. Ark. Code Ann. § 16-56-126(a)(1) (Repl. 2005); Blaylock v. Shearson Lehman Bros., 330 Ark. 620, 622, 954 S.W.2d 939, 940 (1997). The three unlitigated claims were illegal-exaction claims. See Smith v. City of Springdale, 291 Ark. 63, 722 S.W.2d 569 (1987) (challenging bidding practices in an illegal-exaction claim). We have applied a three-year statute of limitations to illegal-exaction claims. Munson v. Abbott, 269 Ark. 441, 602 S.W.2d 649 (1980). Assuming that appellees’ causes of action accrued, (<HOLDING>). Thus, the appeal is properly before us. Options: A. holding that the circuit courts order concluding that it was without jurisdiction to entertain a complaint because the case had been dismissed without prejudice constituted a final order because all other claims either had been refiled or dismissed with prejudice B. holding subject matter jurisdiction divested because federal cause of action had been dismissed without prejudice C. holding that the district court had discretion where plaintiff sought to amend a count that had been dismissed with prejudice D. holding that although the trial court had dismissed the cause with prejudice it retained jurisdiction to give effect to the settlement order E. holding that because the claims were dismissed with prejudice there was a final judgment for purposes of appellate review

assistant: The best answer is A. holding that the circuit courts order concluding that it was without jurisdiction to entertain a complaint because the case had been dismissed without prejudice constituted a final order because all other claims either had been refiled or dismissed with prejudice
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: require a showing of actual harm when a plaintiff sues for willful violations.” Robins v. Spokeo, Inc., 742 F.3d 409, 412 (9th Cir.2014). The court reasoned that when, as with the FCRA, “the statutory cause of action does not require proof of actual damages, a plaintiff can suffer a violation of the statutory right without suffering actual damages.” Id. at 413; see also 15 U.S.C. § 1681n(a)(1)(A) (“Any person who willfully fails to comply with any requirement imposed [under the FCRA] with respect to any consumer is liable to that consumer in an amount equal to the sum of — any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1000.” (emphasis added); Bateman v. Am. Multi-Cinema, Inc., 623 F.3d 708, 719 (9th Cir.2010) (<HOLDING>); Montgomery v. Wells Fargo Bank, C12-3895 TEH, Options: A. holding that irrespective of whether bateman and all the potential class members can demonstrate actual harm resulting from a willful violation of the fail and accurate credit transactions act they are entitled to statutory damages B. holding that rule 23b2 calls for injunction as to all class members or to none of them and does not authorize class certification when each class member would be entitled to an individualized award of monetary damages C. holding that a plaintiff can seek statutory damages even in the absence of actual damages D. holding that fdcpa statutory damages did not predominate over the requested equitable relief because given the defendants net worth and the number of class members each class member would be entitled to receive only 025 in statutory damages E. holding that class certification is not appropriate because plaintiffs failed to demonstrate that the calculation of individualized actual economic damages if any suffered by the class members can be performed in accordance with the predominance requirement of rule 23b3

assistant: The best answer is A. holding that irrespective of whether bateman and all the potential class members can demonstrate actual harm resulting from a willful violation of the fail and accurate credit transactions act they are entitled to statutory damages
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: 18.5 the failure by skype to exercise , or delay in exercising , a legal right or remedy provided by these terms or by law shall not constitute a waiver of skype 's right or remedy .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Keep its insurable properties insured at all times by financially sound and reputable insurers in such amounts as shall be customary for similar businesses and maintain such other reasonable insurance (including, to the extent consistent with past practices, self-insurance), of such types, to such extent and against such risks, as is customary with companies in the same or similar businesses, taking into account the general degree to which such companies are leveraged, and maintain such other insurance as may be required by law or any other Loan Document.

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: S.W.2d 877, 878 (Tex.Civ.App.-Houston [14th Dist.] 1973, no writ). Moreover, to the extent Massey contends that Bren-Tex would also be independently liable for failing, while refurbishing the tractor, to install a ROPS, any such liability would al t. k. 12 . A report prepared by the Hensens’ expert witness was admitted into evidence by Massey and stated that Bren-Tex should have: (1) known of the severe injury potential of tractor rollovers; (2) known that a ROPS would have reduced suc , 18 (Ky.Ct.App.1983) (stating, "We know of no reason to obligate a seller to vigorously promote every optional safety device which might be available.”). 14 . Bren-Tex was not a Massey dealer and there is no evidence of what, if any, knowledge Bren-Tex had about the availability o 6-18 (Mo.Ct.App.2001) (<HOLDING>); Livengood v. ABS Contractors Supply, 126 Ohio Options: A. holding that a restaurant supply employer had no duty to warn a delivery truck driver employee of the danger associated with water on a floor because that is a commonly known hazard and obvious to everyone B. holding danger was so open and obvious to plaintiff that as a matter of law he knew or should have known of danger C. holding under section 388 of the restatement seoond of torts defendants had no duty to warn injured tractor driver that tractor lacked a rops because this was an open and obvious danger D. holding that seller of frontend loader had no duty to warn injured worker concerning the dangers of operating the loader without a rops because the dangers were obvious under an objective standard E. holding supplier of compactor had no duty to warn worker or his employer of the availability andor need for a rops for the compactor because this was an open and obvious danger

assistant: The best answer is C. holding under section 388 of the restatement seoond of torts defendants had no duty to warn injured tractor driver that tractor lacked a rops because this was an open and obvious danger
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 Forbearance Agreement, Consent and Amendment and all other agreements and documents executed and/or delivered in connection herewith have been prepared through the joint efforts of all of the parties hereto. Neither the provisions of this Forbearance Agreement, Consent and Amendment or any such other agreements and documents nor any alleged ambiguity therein shall be interpreted or resolved against any party on the ground that such party or its counsel drafted this Forbearance Agreement, Consent and Amendment or such other agreements and documents, or based on any other rule of strict construction. Each of the parties hereto represents and declares that such party has carefully read this Forbearance Agreement, Consent and Amendment and all other agreements and documents executed in connection therewith, and that such party knows the contents thereof and signs the same freely and voluntarily. The parties hereto acknowledge that they have been represented by legal counsel of their own choosing in negotiations for and preparation of this Forbearance Agreement, Consent and Amendment and all other agreements and documents executed in connection herewith and that each of them has read the same and had their contents fully explained by such counsel and is fully aware of their contents and legal effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of fact the truth of which is reasonably capable of ascertainment is an unfair and deceptive act or practice within the meaning of c. 93A, §2(a).” Glickman, 21 Mass.App.Ct. at 235. In this case, however, Gear has failed to set forth specific facts from which a reasonable jury could conclude that Goba made negligent misrepresentations. In Glickman, the court held that the plaintiff could sustain a 93A claim against the developer of a condominium complex based on a claim of negligent misrepresentation, where there was sufficient evidence that the heating system had been defective for some time, the developer had never checked the risers for the heating system, and had he done so he would have discovered that they were corroded. Id. at 235. This case is distin , 388 Mass. 320, 324 (1983) (<HOLDING>); John Boyd Co. v. Boston Gas Co., 775 F.Sup. Options: A. holding that the owner could maintain a 93a claim against the subcontractor where there was a genuine issue of material fact as to whether the owner was the thirdparty beneficiary of the contract between the general contractor and the subcontractor B. holding that the purchaser of the land could not maintain a 93a claim against the surveyor where the surveyor did not participate in the negotiations or in the signing of any of the documents and did not misrepresent the size of the lot C. holding that the purchaser could sustain a 93a claim against the president and vicepresident of a manufacturing company because they took an active role in the dealings with the plaintiff D. holding that the purchaser could bring a 93a claim against the real estate broker because the broker misinformed the plaintiff as to the acreage of the parcel and failed to disclose that the property was encumbered E. holding that the owner of the land could not bring a 93a action against a prior owner of the land who was not the seller because there was no business connection between the two parties

assistant: The best answer is B. holding that the purchaser of the land could not maintain a 93a claim against the surveyor where the surveyor did not participate in the negotiations or in the signing of any of the documents and did not misrepresent the size of the lot
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: vulnerable to attack because of, inter alia, her slight stature and her youth was not unconstitutionally vague because "the jury should have had no difficulty understanding that [the factor] was designed to ask it to consider whether the victim was especially vulnerable to petitioner’s attack”). 33 . United States v. Hall, 152 F.3d 381, 414 (5th Cir.1998) (upholding the factor against a challenge that it was both unconstitutionally overbroad and vague), abrogated on other grounds by United States v. Martinez-Salazar, 528 U.S. 304, 316, 120 S.Ct. 774, 145 L.Ed.2d 792 (2000) (peremptory challenges); Jones, 132 F.3d 232 (upholding the factor against a challenge that it was unconstitutionally vague). 34 . Webster, 162 F.3d at 354 n. 70. 35 . Cf. Jones, 527 U.S. at 401, 119 S.Ct. 2090 (<HOLDING>). 36 . See Nguyen v. Reynolds, 131 F.3d 1340, Options: A. holding although admission of victim impact testimony was error it was harmless in light of strong evidence against defendant B. holding that use of a victim impact statement during sentencing violated the eighth amendment C. holding autopsy photograph of victim was admissible even if defendant stipulated identity of victim D. holding that the victim impact and victim vulnerability aggravators were not overbroad and explaining that though the concepts of victim impact and victim vulnerability may well be relevant in every case evidence of victim vulnerability and victim impact in a particular case is inherently individualized E. holding the harmed victim need not be the victim of the offense of conviction

assistant: The best answer is D. holding that the victim impact and victim vulnerability aggravators were not overbroad and explaining that though the concepts of victim impact and victim vulnerability may well be relevant in every case evidence of victim vulnerability and victim impact in a particular case is inherently individualized
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, instructions and other communications given hereunder or in connection herewith shall be in writing. Any such notice, instruction or communication shall be sent either (i) by registered or certified mail, return receipt requested, postage prepaid, or (ii) prepaid via a reputable nationwide overnight courier service, in each case addressed to the Company, at 320 Wakara Way, Salt Lake City, Utah 84108, Attn: General Counsel, and to the Executive at the address for notices indicated below (or to such other address as either the Company or the Executive may have furnished to the other in writing in accordance herewith). Any such notice, instruction or communication shall be deemed to have been delivered five business days after it is sent by registered or certified mail, return receipt requested, postage prepaid, or one business day after it is sent via a reputable nationwide overnight courier service. Either party may give any notice, instruction or other communication hereunder using any other means, but no such notice, instruction or other communication shall be deemed to have been duly delivered unless and until it actually is received by the party for whom it is intended.

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: Any waiver by any party of a breach of any term or condition of this Agreement shall not operate as a waiver of any other breach of such term or condition nor shall any failures to enforce such provision operate as a waiver of such provision.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period, the Executive will be entitled to receive reimbursement for all reasonable expenses incurred by the Executive in accordance with the policies, practices and procedures of the Company and such reimbursements will be made no later than the last day of the year immediately following the year in which the Executive incurs the reimbursable expense. The amount of reimbursable expenses incurred in one taxable year shall not affect the expenses eligible for reimbursement in any other taxable year. No right to reimbursement is subject to liquidation or exchange for other benefits.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the substantial relationship test effectuates both the duty of loyalty and the duty of confidentiality. In the seminal case setting forth the substantial relationship test, T.C. Theatre Corp. v. Warner Bros. Pictures, Inc., Judge Weinfeld of the Southern District of New York held that only through the substantial relationship test “can the lawyer’s duty of absolute fidelity be enforced and the spirit of the rule relating to privileged communications be maintained.” 113 F.Supp. at 268-69. See also Damron v. Herzog, 67 F.3d 211, 215 (9th Cir.1995), cert. denied, 516 U.S. 1117, 116 S.Ct. 922, 133 L.Ed.2d 851 (1996) (“[T]he duty of loyalty also continues with respect to those matters substantially related to that representation.”); Felix v. Balkin, 49 F.Supp.2d 260, 268 (S.D.N.Y.1999) (<HOLDING>); Selby v. Revlon Consumer Prod. Corp., 6 Options: A. recognizing that an attorney has a duty of loyalty to his client B. holding that attorneys should be disqualified where the substantial relationship test is met in order to assure that the confidentiality of the attorneyclient relationship and the loyalty between attorney and client are preserved C. holding that normal attorneyclient relationship does not bar rule 60b relief when the evidence is clear that the attorney and his client were not acting as one D. holding that the substantial relationship test also concerns the duty of loyalty to a former client E. holding that the substantial relationship test embodies a broader concept than the rule of confidentiality that of continuing fidelity to a former client a duty of loyalty

assistant: The best answer is B. holding that attorneys should be disqualified where the substantial relationship test is met in order to assure that the confidentiality of the attorneyclient relationship and the loyalty between attorney and client are preserved
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: See Ackerson v. Bean Dredging, LLC, 589 F.3d 196, 209 (5th Cir.2009). Federal Rule of Civil Pro cedure 12(b)(6) authorizes the dismissal of a complaint that fails “to state a claim upon which relief can be granted.” This rule must, however, be interpreted in conjunction with Rule 8(a), which sets forth the requirements for pleading a claim for relief in federal court. Rule 8(a) calls for “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a); see also Ashcroft v. Iqbal, 556 U.S. 662, 677-82, 129 S.Ct. 1937, 1949-51, 173 L.Ed.2d 868 (2009) (applying Rule 8(a) and plausibility standard to Rule 12(b)(6) motion raising qualified-immunity defense); Swierkiewicz v. Sorema N.A., 534 U.S. 506, 508, 122 5. Ct. 992, 152 L.Ed.2d 1 (2002) (<HOLDING>). As a result, “[a] motion to dismiss for Options: A. recognizing that the federal pleading standard is a less stringent standard than the delaware pleading standard B. holding that the pleading standard set forth in twombly applies to all civil actions C. holding rule 8as simplified pleading standard applies to most civil actions D. recognizing the liberal notice and simplified pleading principles underlying the federal rules of civil procedure E. holding that a court may not apply a heightened pleading standard more stringent than the usual pleading requirements of rule 8 in civil rights cases alleging municipal liability under 1983

assistant: The best answer is C. holding rule 8as simplified pleading standard applies to most civil actions
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: enacted in 1994. Second, Executive Order 13239 says nothing about Afghanistan being included in the “Southwest Asia theater of operations”; rather, it simply designates the commencement of combatant activities with Afghanistan and the airspace above. Equally significant, Congress chose not to identify the countries, regions, or geographical areas included in the “Southwest Asia” term, nor did it provide a definition of the term. Indeed, the fact that the parties, in them briefs and at oral argument, could not agree as to the countries that should be included as part of the “Southwest Asia” region and cited different authorities supporting their positions reveals that the plain meaning of this term is not clear from the statute itself. See Tallman v. Brown, 7 Vet.App. 453, 461 (1995) (<HOLDING>), rev’d on other grounds, 105 F.3d 613 (Fed. Options: A. holding that ambiguity exists when a statute can be interpreted by reasonably wellinformed people in two or more ways B. holding that statements like sharp young people and that the employee was not a forward enough thinker could reasonably be interpreted as evidence of bias under the adea C. holding that a phrase should be interpreted consistent with the context of the statute in which it is contained D. holding that the commission reasonably interpreted the statute as requiring it to assess the condition of the industry as a whole E. holding that a general statute is superseded by a more recent specific statute only if the two statutes are in conflict

assistant: The best answer is A. holding that ambiguity exists when a statute can be interpreted by reasonably wellinformed people in two or more ways
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 purpose of amending the complaint was solely to remedy a typographical error. The defendant’s substantive rights were not affected by the amendment, and she has not demonstrated prejudice. “If the effect of an amendment of a complaint so made is to substantially change the cause of action originally stated, the defendant is entitled to file new or amended pleadings and present further evidence. Also, if the amendment interjects material new issues, the adversary is entitled to reasonable opportunity to meet them by pleading and proof.” Mazulis v. Zeldner, 116 Conn. 314, 317, 164 A. 713 (1933). No change of any kind, and thus certainly not a substantial change, was made to the cause of action in the present case. See Richards v. Trudeau, 54 Conn. App. 859, 863, 738 A.2d 215 (1999) (<HOLDING>). The court properly exercised its discretion Options: A. holding that court did not abuse its discretion in refusing to give effect to defendants answer when filed almost one year after default entered against them B. holding that a district court did not abuse its discretion in refusing to give a mere inspection instruction in a firearm possession case C. holding the district court did not abuse its discretion in refusing to consider affidavits filed with a surreply when counsel offered absolutely no explanation for its failure to introduce the evidence earlier D. holding that district court did not abuse its discretion in refusing to certify class action when claims were so individualized that certification was improper E. holding that district court did not abuse its discretion in determining that motion to set aside default made at least seven months after defendant learned of entry of default was not made within a reasonable time

assistant: The best answer is A. holding that court did not abuse its discretion in refusing to give effect to defendants answer when filed almost one year after default entered against them
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: Within [***] after the end of each Calendar Quarter, Allogene will deliver to Cellectis a report setting forth for such Calendar Quarter the following information, on an Allogene Licensed Product-by-Allogene Licensed Product basis: (a) the Net Sales of each Allogene Licensed Product, (b) the basis for any adjustments to the royalty payable for the sale of each Allogene Licensed Product and (c) the royalty due hereunder for the sale of each Allogene Licensed Product. No such reports will be due for any Allogene Licensed Product before the First Commercial Sale of such Allogene Licensed Product in the Territory. The total royalty due for the sale of Allogene Licensed Products during such Calendar Quarter will be remitted at the time such report is delivered to Cellectis.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding the Change in Control vesting as stated in Section 2(b) above, any unvested RSUs will be forfeited immediately, automatically and without consideration upon a termination of the Participant’s Service (regardless of the reason for such termination and whether or not later to be found invalid or in breach of employment laws in the jurisdiction where the Participant is employed or the terms of the Participant’s employment agreement, if any), including a Participant’s change in status from employee to consultant or other personal service provider. Without limiting the generality of the foregoing, the RSUs and the Shares (and any resulting proceeds) will continue to be subject to Section 13 of the Plan.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed and delivered in one or more counterparts (including by means of telecopied signature pages or electronic transmission in portable document format (pdf) or other format), all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other parties, it being understood that all parties need not sign the same counterpart.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Servicer shall keep in full force and effect its existence and rights as a corporation under the laws of the State of Nevada, and shall obtain and preserve its qualification to do business in each jurisdiction in which such qualification is or shall be necessary to protect the validity and enforceability of this Agreement, the other Transaction Documents and the Support Assets except to the extent the failure to maintain such qualification could not reasonably be expected to have a Material Adverse Effect.

assistant: Existence
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: response to Bernal’s requests that she admit each of the elements of guilt in the criminal charges brought against her and each of the elements of liability in his wrongful death suit — can be sustained only by a reading of Katin and Speer that is unreasonable in the context of those cases themselves, is contrary to established federal and Texas Supreme Court law, and has the absurd consequence of rendering the federal and state constitutional privilege against self-incrimination unavailable as a matter of law in response to requests for admission in a civil suit brought in Texas state court. Thus, I would hold that the trial court’s blanket order denying the privilege is arbitrary and unreasonable and, therefore, a clear abuse of the court’s discretion. See Walker, 827 S.W.2d at 889 (<HOLDING>). Conclusion I would grant the petition for Options: A. holding that a court abuses its discretion by making clear errors of judgment B. holding that sentencing court abuses its discretion by committing a clear error of judgment C. recognizing that the trial court abuses its discretion when it commits an error of law in reaching a discretionary decision D. holding that trial court clearly abuses its discretion if it reaches decision so arbitrary and unreasonable as to amount to clear and prejudicial error of law E. holding a court abuses its discretion when it commits an error of law

assistant: The best answer is D. holding that trial court clearly abuses its discretion if it reaches decision so arbitrary and unreasonable as to amount to clear and prejudicial error of law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: effective only if the insurer established, by a preponderance of affirmative evidence that such lack of cooperation or notice has resulted in actual prejudice to the insurer. 7 . Maryland is not alone in holding that the duty to defend does not arise until the insurer is notified of the litigation and the insured tenders the defense, i.e., surrenders control. See, e.g., Eastman v. United States, 257 F.Supp. 315, 319 (S.D.Ind.1966); Gribaldo, Jacobs, Jones & Assocs. v. Agrippina Versicherunges, A.G., 3 Cal.3d 434, 91 Cal.Rptr. 6, 476 P.2d 406 (1970). Several courts have stated that, because there is no duty to defend prior to notice of the suit, the insurer is not liable for pre-notice attorneys’ fees. See Aetna Casualty & Sur. Co. v. Chicago Ins. Co., 782 F.Supp. 71, 73 (N.D.Ill.1991) (<HOLDING>), aff'd, 994 F.2d 1254 (1993); SL Indus., Inc. Options: A. holding that insurer is not required to pay cost of defending action it was never afforded an opportunity to defend B. holding that the hawaii supreme court would likely apply equitable principles of quasicontract restitution and unjust enrichment to allow an insurer to be reimbursed for the cost of defending a lawsuit it was determined postsettlement not to have had a duty to defend C. holding that a claim against an insurer for vexatious refusal to pay cannot be maintained where the court finds that the insurer has no duty to defend under the policy D. holding that insurer had a continuing duty to defend E. holding on summary judgment before the question of the insurers obligation to indemnify was decided that the insurer was liable for the costs of the insured in defending the declaratory judgment action because it breached its duty to defend

assistant: The best answer is A. holding that insurer is not required to pay cost of defending action it was never afforded an opportunity to defend
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: Plaintiff brought suit against Keene on theories of strict liability in tort for defective products and negligent failure to warn of the dangers of asbestos-containing insulation products. The jury verdict against Keene provided compensation for Boyett’s pain and suffering; his lost wages up until the time of his death; and his medical and funeral expenses. Plaintiffs settlement with the Shipowners released multiple claims in admiralty for loss of society; punitive damages; Boy ett’s pain and suffering, medical expenses and funeral expenses; maintenance and cure; and plaintiff’s loss of support. Because Boyett was a seaman, plaintiffs claims arose pursuant to maritime law. See East River Steamship Corp. v. Transamerica Delaval, Inc., 476 U.S. 858, 106 S.Ct. 2295, 90 L.Ed.2d 865 (1986) (<HOLDING>). Therefore, the issues of offset and Options: A. holding that general maritime law preempts state law B. recognizing loss of society damages as remedy available under general maritime law C. recognizing products liability concepts as part of general maritime law D. recognizing that the constitutional concepts do not comfortably fit the activities or products of a corporation E. recognizing products liability and products actions based on negligence as part of the general maritime law

assistant: The best answer is C. recognizing products liability concepts as part of general maritime law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any action or proceeding shall have been commenced to terminate or dissolve the Borrower or any Borrower Subsidiary or any petition or application shall have been filed to initiate any such termination or dissolution, or the Borrower or any Borrower Subsidiary shall otherwise be deemed to have terminated or dissolved.

assistant: Terminations
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: federal authority by making all assaults against them felonies. The latter would require us to glean an “assault prong” from two subsections and apply the simple assault clause. But without a good reason to do so, we cannot disregard the statutory structure of § 111(a) in this manner, particularly where the text clearly directs that “acts in violation of this section constitute only simple assault.” Contra Jones, 526 U.S. at 239, 119 S.Ct. 1215 (interpreting statute contrary to structure to avoid “grave and doubtful constitutional questions”). Moreover, in addition to the plain language of the statute, case law supports Vallery by stating or implying that the simple assault provision applies to the entirety of § 111(a). See United States v. Arrington, 309 F.3d 40, 44 (D.C.Cir.2002) (<HOLDING>); Yates, 304 F.3d at 822 (“We hold that, in the Options: A. holding that specific intent is not element of assault resulting in serious bodily injury B. holding that second element of qualified immunity test is whether the law violated was clearly established C. holding that a reference to the violent crime sentencing statute in the second degree assault statute required automatic imposition of violent crime sentencing for a defendant convicted of second degree assault D. holding the second element of assault is assault resist oppose impede intimidate or interfere with and that the word forcibly modifies each of the prohibited acts specified in the second element E. holding that consent is not a defense to the charge of second degree assault where the assault occurred in the context of a prison fight between inmates

assistant: The best answer is D. holding the second element of assault is assault resist oppose impede intimidate or interfere with and that the word forcibly modifies each of the prohibited acts specified in the second element
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: Mr. Clarkson acknowledges and agrees that great loss and irreparable damage would be suffered by HCSB if he should breach or violate any of the terms or provisions of the covenants and agreements set forth in Section 10 of this Agreement. Mr. Clarkson further acknowledges and agrees that each of these covenants and agreements is reasonably necessary to protect and preserve the interests of HCSB and agrees that money damages for any breach of such provisions by Mr. Clarkson are impossible to measure and that Mr. Clarkson or any of his affiliates, as the case may be, will, to the extent permitted by law, waive in any proceeding initiated to enforce such sections any claim or defense that an adequate remedy at law exists. The existence of any claim, demand, action, or cause of action against HCSB, whether predicated upon this Agreement or otherwise, shall not constitute a defense to the enforcement by HCSB of any of the covenants or agreements in this Agreement; provided, however, that nothing in this Agreement shall be deemed to deny Mr. Clarkson the right to defend against this enforcement on the basis that HCSB has no right to its enforcement under the terms of this Agreement. The remedies of a party provided in this Agreement are cumulative and shall not exclude any other remedies to which any party may be lawfully entitled under this Agreement or applicable law, and the exercise of a remedy shall not be deemed an election excluding any other remedy (any such claim by the other party being hereby waived).

assistant: Remedies
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: Cts. L.Rev. 1, 1 (2006) ("[T]he 'inextricably intertwined' formulation ... had been a primary test for many lower courts.”); Suzanna Sherry, Judicial Federalism in the Trenches: The Rooker-Feldman Doctrine in Action, 74 Notre Dame L.Rev. 1085, 1097 (1999) (referring to Justice Marshall's concurrence as the "most useful-and frequently quoted' — definition of 'inextricably intertwined' ”). 7 . The exception is United States v. Timley, 443 F.3d 615 (8th Cir.2006), in which we applied Justice Marshall’s approach and held that the plaintiffs claims were not inextricably intertwined with a final state-court judgment. Id. at 628. Surely, then, Exxon's more limited formulation of Rooker-Feldman would have produced the same outcome. 8 . See, e.g., In re Madera, 586 F.3d 228, 232 (3d Cir.2009) (<HOLDING>); MAPP Const., LLC v. M & R Drywall, Inc., 294 Options: A. holding that rookerfeldman barred a debtors action to rescind a mortgage because it was inextricably intertwined with a state courts foreclosure judgment which was premised on the existence of a valid mortgage B. holding that debtors allegation that mortgage holder failed to provide him with the statutorily required notice of foreclosure was sufficient to state a claim for wrongful foreclosure C. holding that foreclosure of a prior mortgage extinguished a declaration of condominium and interests in a parking lot that were subject to the mortgage D. holding that foreclosure of prior mortgage extinguished second mortgage E. holding rookerfeldman also bars federal claims raised in state court as well as claims that are inextricably intertwined with the statecourt judgment

assistant: The best answer is A. holding that rookerfeldman barred a debtors action to rescind a mortgage because it was inextricably intertwined with a state courts foreclosure judgment which was premised on the existence of a valid mortgage
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 Assignment and Assumption Agreement shall not and cannot be modified by any Party by any oral promise or representation made before or after the execution of this Assignment and Assumption Agreement, and may only be modified by a writing signed by the Parties. This Assignment and Assumption Agreement shall be binding upon and inure to the benefit of the Parties’ respective successors and assigns.

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 case excerpt and choose the best holding from the options. Case excerpt: 2001 purchase price of $41,502,000 was based in part upon a multiple of 5.75 times the approximate $7,000,000 of EBITDA generated by the Pulver assets. For various reasons, the EBITDA of the Pulver assets fell to a level of $1,000,000 projected for 2003. The fact that EBITDA fell well short of projections, however, does not show that the forecasts made at the time of the purchase were unreasonable, especially when the subject assets were directly affected by unforeseen incidents, such as the terrorist attacks of September 11, 2001 or the economic woes which befell the internet industry. Predicting the operating perform- anee of the Pulver assets was an exercise of the business judgment of the Debtors. See In re Adelphia Communications Corp., 2004 WL 1634538, *3 (Bankr. S.D.N.Y.2004) (<HOLDING>). Even a Debtor exercising the most cautious Options: A. recognizing that pursuant to the business judgment rule the decisions of business professionals on the board of directors should be presumed valid B. holding that care of the grounds was part of the business of the hospital C. holding that there is no unitary business in part because there is no flow of international business D. holding that in pennsylvania there is a rule that proof of the ownership of a business vehicle involved in an accident raises a presumption that the operation of the automobile was for the owners business purposes E. holding that predictions of that character are at best educated guesses and that the debtors assessment of risk is exactly the kind of business decision that the business judgment rule respects

assistant: The best answer is E. holding that predictions of that character are at best educated guesses and that the debtors assessment of risk is exactly the kind of business decision that the business judgment rule 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: Buyer and Seller each agree to execute, acknowledge and deliver all such further acts, instruments, and assurances and to take all such further action before or after Closing as shall be reasonably necessary and desirable to fully carry out this Agreement and to fully consummate and effect the transactions as contemplated by this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Administrative Agent shall have received all fees required to be paid, and all expenses (including the reasonable fees and expenses of legal counsels) for which invoices have been presented, on or before the Amendment Effective Date, in connection with this Amendment.

assistant: Expenses