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: Except, in each case, as set forth on Schedule 4.15 , each International Loan Party owns, or possesses the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights that are reasonably necessary for the operation of its respective businesses, without conflict with the rights of any other Person, except where any such infringement could not reasonably be expected to have a Material Adverse Effect. No slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by the International Loan Parties infringes upon any rights held by any other Person, except where any such infringement could not reasonably be expected to have a Material Adverse Effect. No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of such International Loan Party, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall not, nor shall it permit any Subsidiary to, enter into any Sale and Leaseback Transaction except that the Company and any Subsidiary may become and remain liable as lessee, guarantor or other surety with respect to any lease under a Sale and Leaseback Transaction if and to the extent that the Company or any Subsidiary would be permitted to enter into, and remain liable under, such lease to the extent that the transaction would be permitted under Section 6.01.

assistant: Sales
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: Petition to permit an interlocutory appeal and therefore decline to reach the merits of the District’s challenge to the class certification. I. The named Plaintiffs in the underlying case are citizens of the District who have been receiving Medicaid-funded long-term care in nursing homes and who seek access to community-based alternatives. They brought this Olmstead action against the District, alleging it had failed to comply with its obligations under federal law— specifically, Title II of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act — that require it to “provide services to people with disabilities in the most integrated setting appropriate to their needs.” Compl. at 2; see also Olmstead v. L.C., 527 U.S. 581, 119 S.Ct. 2176, 144 L.Ed.2d 540 (1999) (<HOLDING>). In their Complaint, Plaintiffs claimed to Options: A. holding that a collectivelybargained seniority system was not trumped by the duty to reasonably accommodate the disabled under the americans with disabilities act B. holding that unjustified segregation constitutes discrimination prohibited by the americans with disabilities act C. holding that despite garrett congress abrogated state sovereign immunity under title ii of americans with disabilities act D. recognizing native americans as a distinct group E. holding that the virginia disabilities act constitutes the most analogous state statute of limitations for claims brought under the ada

assistant: The best answer is B. holding that unjustified segregation constitutes discrimination prohibited by the americans with disabilities act
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall inure to the benefit of and be binding upon the successors of the Placement Agent and of the Company (including any party that acquires the Company or all or substantially all of its assets or merges with the Company). Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person or corporation, other than the parties hereto and parties expressly referred to herein, any legal or equitable right, remedy or claim under or in respect to this Agreement or any provision hereof. The term “successors” shall not include any purchaser of the Bridge Notes merely by reason of such purchase. No subrogee of a benefited party shall be entitled to any benefits hereunder. Each party hereto disclaims any an intention to impose any fiduciary obligation on any other party by virtue of the arrangements contemplated by this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Transferee (i) agrees that the Shares acquired by Transferee shall be bound by and subject to the terms of the Agreement, and (ii) hereby adopts the Agreement with the same force and effect as if Transferee were originally a party thereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall continue and remain in effect until all Management Agreements terminate or expire for any reason. Notwithstanding anything in the Management Agreements to the contrary, the right of any FVE Party to extend the term of any Management Agreement pursuant to the provisions of such Management Agreement is conditioned on the Extension Conditions having been satisfied at the time such FVE Party exercises such extension option, provided , however , the exercise of such extension option shall not be effective if, in any 2 calendar years out of the 3 calendar years ending December 31 st of the calendar year that is 1 year prior to the expiration of the then current term, the Portfolio EBITDA and Portfolio IL EBITDA, on a combined basis, for such calendar year does not equal at least 97% of the sum of the EBITDAs of the Communities budgeted for such calendar year as identified in the Approved Budgets for the Communities for such calendar year, in which event the Management Agreements shall expire at the end of their then current term in accordance with the provisions of the Management Agreements.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The occurrence of any of the following events: (a) any Loan Party or ERISA Affiliate fails to make full payment when due of all amounts which any Loan Party or ERISA Affiliate is required to pay as contributions, installments, or otherwise to or with respect to a Pension Plan or Multiemployer Plan, and such failure could reasonably be expected to result in liability in excess of $750,000, (b) an accumulated funding deficiency or funding shortfall in excess of $750,000 occurs or exists, whether or not waived, with respect to any Pension Plan, individually or in the aggregate, (c) a Notification Event, which could reasonably be expected to result in liability in excess of $750,000, either individually or in the aggregate, or (d) any Loan Party or ERISA Affiliate completely or partially withdraws from one or more Multiemployer Plans and incurs Withdrawal Liability in excess of $750,000 in the aggregate, or fails to make any Withdrawal Liability payment when due.

assistant: Erisa
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 389 U.S. 28 88 S.Ct. 106 19 L.Ed.2d 28 ASSOCIATED PRESSv.Edwin A. WALKER. No. 306. Supreme Court of the United States October Term, 1967. October 16, 1967 Rehearing Denied Dec. 4, 1967. See 389 U.S. 997, 88 S.Ct. 462. William P. Rogers, Leo P. Larkin, Jr., Stanley Godofsky, Arthur Moynihan, Earl T. Thomas, John T. Guyton and Billy R. Pesnell, for petitioner. W. Scott Wilkinson and Clyde J. Watts, for respondent. On Petition for Writ of Certiorari to the Court of Appeal of Louisiana, Second Circuit. PER CURIAM. 1 The petition for a writ of certiorari is granted. The judgment is reversed and the case is remanded for further proceedings not inconsistent with Curtis Publishing Co. v. Butts, 388 U.S. 130, 87 S.Ct. 1975, 18 L.Ed.2d 1094. 2 Mr. Justice BLACK, with whom Mr. Justice DOUGLAS joins, concurs in the result for the reasons stated in Mr. Justice Black's separate opinion in Curtis Publishing Co. v. Butts, 388 U.S. 130, 170, 87 S.Ct. 1975, 18 L.Ed.2d 1094.

assistant: 3
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: on the reasonableness of the explanation but rather its genuineness. Id. (Emphasis added.) As this Court and the Florida Supreme Court have each recognized, “the genuineness of the explanation is the yardstick with which the trial court will determine whether or not the proffered reason is pretextual.” Hayes v. State, 94 So.3d 452, 462 (Fla.2012) (quoting Davis v. State, 691 So.2d 1180, 1183 (Fla. 3d DCA 1997)). The genuineness of the explanation is subjective and credibility-based, and simply put, requires the trial court to determine, based upon a consideration of all the circumstances surrounding the strike, whether it believes that the proffered explanation is truly the reason for the exercise of the peremptory challenge. See Young v. State, 744 So.2d 1077, 1082 (Fla. 4th DCA 1999) (<HOLDING>) Thus, the trial court in this case erred in Options: A. recognizing that an award of temporary attorneys fees and costs is based on an assessment of need and ability to pay as well as the reasonableness of the fees and costs B. recognizing that identifying the true nature of an attorneys motive behind a peremptory strike turns primarily on an assessment of the attorneys credibility C. holding that an attorneys bills are high evidence as to the maximum value of the attorneys services D. holding that an attorneys arguments are not evidence E. recognizing rule as covering attorneys

assistant: The best answer is B. recognizing that identifying the true nature of an attorneys motive behind a peremptory strike turns primarily on an assessment of the attorneys credibility
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as provided in Section 4.1 , neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned, in whole or in part, by operation of law or otherwise, by any of the parties hereto without the prior written consent of the other party hereto; provided , however , that the Purchasers may provide any such consent on behalf of the Investors.

assistant: Assignments
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 execution, delivery and performance by each Loan Party of each Loan Document to which such Person is a party, and the consummation of the Transactions, are within such Loan Party’s corporate or other powers, have been duly authorized by all necessary corporate or other organizational action, except on the Closing Date as set forth in clause (y) of the last paragraph of Section 4.01 , and do not and will not (a) contravene the terms of any of such Person’s Organization Documents, (b) conflict with or result in any breach or contravention of, or the creation of any Lien under (other than any Lien to secure the Secured Obligations pursuant to the Collateral Documents), or require any payment to be made under (i) the Second Lien Credit Agreement (or any Specified Second Lien Refinancing Debt), (ii) any other Contractual Obligation to which such Person is a party or affecting such Person or the properties of such Person or any of its Subsidiaries or (iii) any order, injunction, writ or decree of any Governmental Authority or any arbitral award to which such Person or its property is subject; or (c) violate any Law; except with respect to any breach or contravention or payment referred to in clause (b)(ii) and (b) (iii) , to the extent that such conflict, breach, contravention or payment could not reasonably be expected to have a Material Adverse Effect.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: by installing , accessing or otherwise using the service you acknowledge and warrant that you hereby consent to be bound by the terms of this agreement , and to the terms of the privacy policy ( available at : sync.me / privacy ) , which is incorporated herein by reference .

assistant: Contract by using
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 is executed for the uses and purposes it expresses.” Hawaiian Trust & Inv. Co. v. Barton, 16 Haw. 294, 300 (1904) It has also been held that even without recordation, “ ‘[a] deed apparently valid upon its face carries with it a presumption of validity’” as between the parties to a deed. Chun Chew Pang v. Chun Chew Kee, 49 Haw. 62, 71, 412 P.2d 326, 332 (1966) (quoting McElroy v. Calhoun, 177 Okla. 38, 57 P.2d 827, 828 (1936)). “Even if the deed had no acknowledgment, or its equivalent, at all, it would still be good between the parties. As between the parties acknowledgment of a deed is not necessary.” Meheula v. Pioneer Mill Co., 17 Haw. 56, 58 (1905) (citing Laanui v. Puohu, 2 Haw. 161 (1859)). See also In re Nelson, 26 Haw. 809, 820 (1923); Aiau v. Kupau, 4 Haw. 384, 385 (1881) (<HOLDING>). Id. at 281-82, 909 P.2d at 609-10 (some Options: A. holding that agency is bound by its regulations B. holding that where the appellant has failed to demonstrate error the court is not required to search the record for an error C. holding that notice to the attorney of record constitutes notice to the petitioner D. holding that notice to supervisor is notice to city E. holding that recording is notice to one bound to search the record

assistant: The best answer is E. holding that recording is notice to one bound to search the record
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 petitioners’ confinement in military custody at Guantanamo Bay, Cuba was immaterial to the question of whether the District Court had subject matter jurisdiction over those claims. Id. at 485, 124 S.Ct. 2686. The Supreme Court in Rasul said nothing about whether Congress waived the United States’ sovereign immunity in the ATS. Here, Plaintiffs confuse federal jurisdiction with a waiver of sovereign immunity. While the Court may have jurisdiction to hear claims under the ATS because the ATS is merely a jurisdictional statute, “any party asserting jurisdiction under the [ATS to sue the United States] must establish, independent of that statute, that the United States has consented to suit.” Tobar v. United States, 639 F.3d 1191, 1196 (9th Cir.2011) (internal quotations omitted) (<HOLDING>). Moreover, if the United States waives its Options: A. holding that removal to federal court does not waive tribal sovereign immunity B. holding that sovereign immunity does not bar extinguishment of united states junior lien in proceeding in which united states was not a party C. holding that the lanham act did not waive states sovereign immunity D. holding that the ats does not waive the united states sovereign immunity E. holding that a state may waive its sovereign immunity

assistant: The best answer is D. holding that the ats does not waive the united states sovereign immunity
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 rights and obligations under this Agreement of the Borrower and the Lender shall be binding upon and benefit the successors, assigns, heirs, administrators and transferees of the parties. If any one or more of the obligations of the Borrower under this Agreement or any provision hereof is held to be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining obligations of the Borrower and the remaining provisions shall not in any way be affected or impaired; and the invalidity, illegality or unenforceability in one jurisdiction shall not affect the validity, legality or enforceability of such obligations or provisions in any other jurisdiction. Time is of the essence under this Agreement and in the performance of every term, covenant and obligation contained herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the District for further proceedings. The matter is now before this Court by random draw. BACKGROUND Petitioner and five others were charged in an eighteen count indictment alleging, inter alia, conspiracy to possess with the intent to distribute heroin, cocaine and crack cocaine and using and carrying firearms during the commission of a drug felony. On May 21,1992, Petitioner plead guilty to conspiracy to possess with the intent to distribute narcotics (Count I of the Indictment) and using and carrying a firearm during the commission of a narcotics offense pursuant to § 924(c) (Count XVIII of the Indictment). He was sentenced to seventy-eight months for the conspiracy charge and sixty months consecutive fo (E.D.N.C. 1996) and Mayes v. United States, 937 F.Supp. 659 (E.D.Mich.1996) (<HOLDING>). This Court agrees with the latter view, Options: A. holding that defendant may be subject to death penalty on resentencing B. holding that pepper did not allow petitioner to seek a resentencing under 2255 C. holding that resentencing is required D. holding that courts limited jurisdiction precludes twolevel increase on resentencing E. holding that constitution and courts jurisdiction allow for twolevel increase on resentencing

assistant: The best answer is E. holding that constitution and courts jurisdiction allow for twolevel increase on resentencing
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: There are no actions or proceedings pending or, to the knowledge of any Responsible Officer, threatened in writing by or against Borrower or any of its Subsidiaries involving more than, individually or in the aggregate, Two Hundred Fifty Thousand Dollars ($250,000).

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you are solely responsible for ensuring that these terms of use are in compliance with all laws , rules and regulations applicable to you and the right to access the service is revoked where these terms of use or use of the service is prohibited and , in such circumstances , you agree not to use or access the site or services in any way .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you are an end user of an evernote business account , please note that the customer of your evernote business account ( such as your employer or organization ) may have established its own rules regarding end users ' access , use , disclosure , or retention of data stored in that account .

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: On the Closing Date, the Company shall instruct its transfer agent to transfer the Shares to Purchasers in book entry form in such name(s) as Purchasers may designate, and Purchasers shall cause wire transfers in same day funds to be sent to the account of the Company as instructed in writing by the Company, in the amount of the applicable Purchase Price.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Loan Document is a legal, valid and binding obligation of each Loan Party party thereto, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally.

assistant: Enforceability
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: is taken for lawful investigative purposes: [A] deceased’s next of kin had no protected right in autopsy specimens pursuant to Ohio statutes. The Ohio Revised Code authorizes coroners to perform an autopsy when the coroner believes an autopsy is necessary. A coroner’s forensic examination is a classic function of the police power of the state. Many times, autopsy specimens and the results of the forensic examination are essential evidence in the prosecution of a crime. Sometimes, autopsy specimens must be preserved for long periods of time. Albrecht II, 889 N.E.2d at 126-27 (citation omitted) (emphasis added). Furthermore, the Ohio Supreme Court noted that its conclusion did not depend on the existence of the 2006 statute that designated autopsy specimens as medical waste. Id. at 126 (<HOLDING>). Albrecht II clearly raises a question as to Options: A. holding that parents of adult child may recover for loss of comfort and companionship of adult child where they were next of kin under wda B. holding that defendants contacts with ohio were deliberate and repeated even though they yielded little revenue from ohio C. holding no violation of ohio state voyeurism statute when the privacy interest to be protected had been waived by the females who probably expected to be observed D. holding that the owner of an equitable interest in property in the form of a land contract can grant a mortgage on that interest under ohio law E. holding that even before ohio revcode 313123b was enacted a deceaseds next of kin had no protected right in autopsy specimens pursuant to ohio statutes

assistant: The best answer is E. holding that even before ohio revcode 313123b was enacted a deceaseds next of kin had no protected right in autopsy specimens pursuant to ohio statutes
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be construed under the laws of the State or Commonwealth in which the Property is located, without giving effect to any state's conflict of laws principles. Each of the Sellers is liable hereunder only for the terms of this Agreement and the respective obligations, representations and warranties applicable to its respective property and the Sellers are not jointly and severally liable hereunder therefor.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Seventh Amendment may be executed in counterparts (including, without limitation, by electronic signature), and all parties need not execute the same counterpart; however, no party shall be bound by this Seventh Amendment until Borrower, the Guarantors, the Administrative Agent and Lenders constituting the Required Lenders have executed a counterpart. Facsimiles and counterparts executed by electronic signature (e.g., .pdf) shall be effective as originals.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Homes, Inc. v. Village of Burnham, 910 F.2d 1474, 1480 (7th Cir.1990), the City argues that a state court action for mandamus would provide all the relief that the plaintiffs seek, precluding their procedural due process claim. These cases rest on the principle that when a state officer acts in a “random and unauthorized” way—by unpredictably departing from state law, for example—the state has no opportunity to provide a pre-deprivation hearing and may instead satisfy due process by providing an adequate post-deprivation remedy. See Easter House v. Felder, 910 F.2d 1387, 1402 (7th Cir.1990) (en banc). But mandamus would be an incomplete remedy here. Pro’s is asking for more than an injunction compelling the City to issue an unrestricted liquor license. Cf. Schwartz, 330 F.3d at 941 (<HOLDING>). The owners of Pro’s seek damages to Options: A. holding that plaintiffs who sought injunctive relief under 42 usc 1983 could get same relief in a state court mandamus action B. holding that 42 usc 1983 relief is available in some circumstances where state actions interfere with the bargaining process C. holding that a state is not a person under 42 usc 1983 D. holding that a court may award injunctive relief against a state officer E. recognizing right of prisoners to seek relief under 42 usc 1983 for denial of access to the courts

assistant: The best answer is A. holding that plaintiffs who sought injunctive relief under 42 usc 1983 could get same relief in a state court mandamus action
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 properties of the Loan Parties are insured with financially sound and reputable insurance companies which are not Affiliates of the Loan Parties, in such amounts, with such deductibles and covering such risks (including, without limitation, workmen’s compensation, public liability, business interruption, property damage and directors and officers liability insurance) as are customarily carried by companies engaged in similar businesses and owning similar properties in localities where the Loan Parties operate. Schedule 5.10 sets forth a description of all insurance maintained by or on behalf of the Loan Parties as of the Closing Date. As of the Closing Date, each insurance policy listed on Schedule 5.10 is in full force and effect and all premiums in respect thereof that are due and payable have been paid.

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: become damaged as a consequence, there is no allegation in the complaint, nor any arguable factual support for an allegation that the product did not perform as represented within the short term of plaintiffs use or that damages were sustained by plaintiff. In Briehl v. General Motors Corp., 172 F.3d 623 (8th Cir.1999), a case upon which defendants rely, the Eighth Circuit affirmed the district court’s dismissal of the plaintiffs’ complaint for the reason that the plaintiffs had not adequately pled damages. The opinion in Briehl reflects that the plaintiffs, owners of certain models of GM vehicles, had filed a class action complaint asserting claims for fraudulent misrepresentation, fraudulent concealment, breach of implied warranty, breach of express warranty and violation of s ) (<HOLDING>); Khan v. Shiley Inc., 217 Cal.App.3d 848, 857, Options: A. holding that a plaintiffs belief that a product could fail in the future is not without more a legal injury sufficient to support plaintiffs claim B. holding that because plaintiffs iied claim is based on the facts that support plaintiffs malicious prosecution claim plaintiffs iied claim did not accrue until the charges against them were dismissed C. holding that if plaintiffs could not establish that the particular agent orange causing injury to the plaintiff was manufactured by that defendant then the burden would shift to each defendant to establish that its product could not have caused the plaintiffs injury or alternatively that it should only be responsible for a proportion of the damage D. holding estoppel claim could not lie in tort where the facts that support the claim could not support a claim for fraud or misrepresentation E. holding that plaintiffs failure to warn claim could not proceed independent of plaintiffs aemld claim

assistant: The best answer is A. holding that a plaintiffs belief that a product could fail in the future is not without more a legal injury sufficient to support plaintiffs claim
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: A. Promissory Estoppel Jury question number 38 inquired about RCC’s promise to develop and build the hospital, but that topic is expressly covered by the Partnership Agreement. Dr. Cravens argues that sufficient evidence supports the jury’s finding because CNDH paid $1.5 million in rent to the Partnership and because Willmar contributed the $4.8 million Property to the Partnership, but the rent matter is expressly covered by the Lease Agreement between CNDH and the Partnership, and the Property contribution is • expressly covered by both the Contribution Agreement and the Partnership Agreement; Dr. Cravens obtained a favorable' jury finding on his breaeh-of-contract claim but elected not to recover under that theory. As explained below, w 46 (Tex.App.-Corpus Christi 2004, pet. denied) (<HOLDING>). Thus, Dr. Cravens points to no evidence in Options: A. holding that a party may recover attorneys fees under section 38001 only if the party prevails on a cause of action for which attorneys fees are available and recovers damages B. holding party not entitled to recover attorneys fees without also recoveringdamages for breach of contract in part because attorney fees are in the nature of costs not damages C. holding that lexis fees are not taxable as costs but reserving ruling on whether such fees are recoverable as attorneys fees D. holding attorney fees not allowable as costs E. holding that although attorneys fees are usually not recoverable unless permitted by statute or contract contractual or statutory authorization was not necessary in a malpractice claim to recover attorneys fees and costs as damages

assistant: The best answer is B. holding party not entitled to recover attorneys fees without also recoveringdamages for breach of contract in part because attorney fees are in the nature of costs not 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 case excerpt and choose the best holding from the options. Case excerpt: culverts created a private nuisance for which it is liable without regard to the plaintiffs comparative negligence. We conclude, on the basis of the jurors’ answers to the special questions, that LWSC’s actions did not create an actionable private nuisance and that LWSC was therefore not liable under a private nuisance theory. In Massachusetts, liability for a private nuisance caused by the flow of surface waters from a landowner’s property to that of an adjoining landowner depends on whether the landowner is making a reasonable use of his land. See Tucker v. Badoian, 376 Mass. 907, 916-917 (1978) (Kaplan, J., concurring) (announcing intention to replace rigid and anarchic “common enemy” rule with reasonable use doctrine). See also yon Henneberg v. Generazio, 403 Mass. 519, 522 (1988) (<HOLDING>); Triangle Ctr., Inc. v. Department of Pub. Options: A. recognizing doctrine B. holding that the tucker acts waiver does not extend to statutory claims C. holding that the tucker acts waiver of sovereign immunity for contract claims does not extend to claims for contracts implied in law D. holding that the iccta preempted statelaw nuisance claim with regard to railway traffic E. recognizing that since tucker supra reasonable use doctrine is law of massachusetts with regard to claims of private nuisance resulting from the flow of surface water

assistant: The best answer is E. recognizing that since tucker supra reasonable use doctrine is law of massachusetts with regard to claims of private nuisance resulting from the flow of surface water
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: Service and FAA together — of its obligation not to promulgate a rule that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706(2)(A). The FAA does not dispute this point, or the Coalition’s right to challenge the definition on those grounds before this court. See Oral Arg. Tr. at 111-13. Moreover, in determining whether the Final Rule is arbitrary or capricious, we may consider only the regulatory rationale actually offered by the agency during the development of the regulation, and not the post-hoc rationalizations of its lawyers. See Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 420, 91 S.Ct. 814, 28 L.Ed.2d 136 (1971); SBC Communications, Inc. v. FCC, 138 F.3d 410, 418 (1998); see also Bangor, 78 F.3d at 662 (<HOLDING>). Hence, although the FAA would not have Options: A. holding that the record supported the district courts award of damages B. holding that the ferc licensing requirement would have to be supported by the record before the agency C. holding that judgment may be affirmed on any ground supported by the record D. holding that judgment may be affirmed on any ground supported by record E. holding that a remand on a claim that could not be supported by the record would be a waste of judicial resources

assistant: The best answer is B. holding that the ferc licensing requirement would have to be supported by the record before the agency
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: zynga 's license to your user content ends when you request deletion of your user content by submitting a request to privacy@zynga.com , or for black diamond slots , email support@risingtidegames.com , or for natural motion games email contact@naturalmotion.com stating that you no longer want zynga to use your user content , with the following exceptions

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: Other than Stifel, Nicolaus & Company, Incorporated, the financial advisor to the conflicts committee of the board of directors of the General Partner, no investment banker, broker, finder, financial advisor or other intermediary has been (directly or indirectly) retained by or is authorized to act on behalf of Buyer or its Affiliates who is entitled to receive from Seller any fee or commission in connection with the transactions contemplated by this Agreement.

assistant: Brokers
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: because it has so contracted; and it is no concern of the insurer as to who gets the proceeds, except to see that it is paid to the proper parties, under its agreement. It is simply required to perform its contract, and the law will dispose of the money according to the rights of the parties. Cheeves, 28 S.W. at 275 (emphasis added). In the century that has followed Cheeves, Texas courts have held time and again that the insurance contract is to be performed as written. E.g., Wilke v. Finn, 39 S.W.2d 836, 839 (Tex. Comm'n App.1931, judgm't adopted) (quoting Cheeves, 28 S.W. at 275); Stillwagoner, 979 S.W.2d at 358 (“[Although the Texas rule requires the designated beneficiary to have an insurable interest, it is not essential to the validity of the contract.”); DeLeon, 259 F.3d at 353 (<HOLDING>). 167 .In Wilke v. Finn, 39 S.W.2d 836 (Tex. Options: A. holding that because proceeds of a letter of credit were not secured by estate collateral the proceeds were not property of the estate B. holding that insurable interest doctrine does not entitle deceased insureds estate to a reformation of the insurance contract but a constructive trust on the policy proceeds C. holding in 1894 that it is against the public policy of this state to allow any one who has no insurable interest to be the owner of a policy of insurance upon the life of a human being D. holding that the proceeds of a liability insurance policy were not property of the estate E. holding that an insureds payments for violations of the state unfair business practices act calbus profcode 17203 are not insurable damages under the insureds advertising injury insurance policies

assistant: The best answer is B. holding that insurable interest doctrine does not entitle deceased insureds estate to a reformation of the insurance contract but a constructive trust on the policy proceeds
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The right of Executive to receive or to retain Severance Benefits pursuant to Section 9.2 or Section 9.3 shall be in consideration for, and subject to, (a) execution of and delivery to the Company of a Separation Agreement and General Release of claims substantially in the form attached as Exhibit A to this Agreement, amended as necessary to comply with applicable law (the “ Release ”) and lapse of the period for revocation, if any, of the Release without the Release having been revoked no later than 60 days after the Termination Date, and (b) Executive’s continued compliance with the Covenants (as defined in Sections 12, 13 and 14 of this Agreement). The right of Executive’s estate or designated beneficiaries to receive or to retain Severance Benefits pursuant to Section 9.4 shall be in consideration for, and subject to execution and deliver to the Company of the Release. The Release will not include a waiver of (i) Executive’s existing rights of indemnification or Directors and Officers liability insurance coverage, (ii) Executive’s existing rights under any outstanding equity awards, (iii) Executive’s rights as a stockholder in the Company or (iv) claims for accrued vested benefits under any employee benefit plan or pension plan. In the event that Executive breaches any of the Covenants, the Company shall have the right to (1) terminate any further provision of Severance Benefits not yet paid or provided, (2) recover from Executive all shares of stock of the Company the vesting of which, or the option to purchase, was accelerated by reason of the Severance Benefits (or the proceeds therefrom, reduced by any exercise or purchase price paid to acquire such shares), and (3) to immediately cancel all Equity Awards the vesting of which was accelerated by reason of the Severance Benefits.

assistant: Releases
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: no matter how quickly and ably given, could salvage a fair trial for the defendant.”). Moreover, apparently the only reason the State sought to introduce the prior inconsistent statement was its belief that the jury would be swayed by the statement when determining guilt, or innocence. See United States v. Webster, 734 F.2d 1191, 1192 (7th Cir.1984) (“[I]t would be an abuse of the [impeachment] rule, in a criminal case, for the prosecution to call a witness that it knew would not give it useful evidence, just” so it could introduce hearsay evidence against the defendant in the hope that the jury would miss the subtle distinction between impeachment and substantive evidence — or, if it didn’t miss it, would ignore it.” (emphasis added)). See also Nance, 331 Md. at 566, 629 A.2d at 642 (<HOLDING>); State v. Hunt, 324 N.C. 343, 378 S.E.2d 754, Options: A. recognizing that questions of intent and credibility make it difficult to grant summary judgment in favor of the party with the burden of proof B. holding that absence of epidemiological evidence not fatal but makes his task to show general causation more difficult C. recognizing the jurys role in evaluating credibility D. recognizing inherently difficult task of proving a negative E. recognizing the jurys difficult task of separating substantive proof from impeachment evidence bearing solely on a wit nesss credibility

assistant: The best answer is E. recognizing the jurys difficult task of separating substantive proof from impeachment evidence bearing solely on a wit nesss credibility
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: Of Jury Trial . EACH OF HOLDINGS, THE BORROWERS, THE GUARANTORS, THE ADMINISTRATIVE AGENT AND THE LENDERS PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AMENDMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.

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: This Amended Agreement shall inure to the benefit of and be binding upon the Parties to this Amended Agreement and their respective successors and permitted assigns, and no other Person shall acquire or have any right under, or by virtue of, this Amended Agreement. The Company shall be entitled to assign this Amended Agreement to any successor subject to all of the rights and obligations set forth herein. The Advisor shall have the right to assign this Amended Agreement to any Affiliate except to the extent explicitly set forth in this Amended Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Security Agreement shall be binding on Debtor and Debtor’s heirs, legal representatives, successors, and assigns and shall inure to the benefit of Secured Party and Secured Party’s successors and assigns.

assistant: Assignments
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 and other communications provided under any Loan Document shall be in writing or by facsimile and addressed, delivered or transmitted, if to the Borrower or the Lender, to the applicable Person at its address or facsimile number set forth on Schedule 11.02 hereto, or at such other address or facsimile number as may be designated by such party in a notice to the other parties. Any notice, if mailed and properly addressed with postage prepaid or if properly addressed and sent by pre-paid courier service, shall be deemed given when received; any notice, if transmitted by facsimile, shall be deemed given when the confirmation of transmission thereof is received by the transmitter. Unless otherwise indicated, all references to the time of a day in a Loan Document shall refer to New York City time.

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: This Agreement and the Notes shall be governed by, and construed in accordance with, the laws of the State of New York without regard to conflicts of laws principles thereof but including Section 5-1401 and 5-1402 of the New York General Obligations Law.

assistant: Governing Laws