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

user: Read the legal provision and list the applicable contract clause categories. Provision: The proceeds of the Revolving Loans shall be used to finance the working capital needs and general corporate purposes of the Borrowers and their respective Subsidiaries, including without limitation the making of capital contributions and other Investments (directly or indirectly) in Subsidiaries of the Borrowers that are insurance companies. The proceeds of the Closing Date Tranche A Term Loans shall be used to refinance Indebtedness of the Borrowers and to finance the working capital needs and general corporate purposes of the Borrowers and their respective Subsidiaries, including without limitation the making of capital contributions and other Investments (directly or indirectly) in Subsidiaries of the Borrowers that are insurance companies. The proceeds of the 2018 Incremental Tranche A Term Loans shall be used to finance the working capital needs and general corporate purposes of the Borrowers and their respective Subsidiaries, including without limitation the making of capital contributions and other Investments (directly or indirectly) in Subsidiaries of the Borrowers that are insurance companies.

assistant: Use Of 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 case excerpt and choose the best holding from the options. Case excerpt: Castillo-Rodríguez, 23 F.3d 576, 581 (1st Cir.1994); the nonmovant has a “corresponding obligation to offer the court more than steamy rhetoric and bare conclusions.” Lawton v. State Mut. Life Assurance Co. of Am., 101 F.3d 218, 223 (1st Cir.1996). Furthermore, “the nonmovant must ‘produce specific facts, in suitable evidentiary form’ sufficient to limn a trial-worthy issue.... Failure to do so allows the summary judgment engine to operate at full throttle.” Id.; see also Kelly v. United States, 924 F.2d 355, 358 (1st Cir.1991) (warning that “the decision to sit idly by and allow the summary judgment proponent to configure the record is likely to prove fraught with consequence.”); Medina-Muñoz, 896 F.2d at 8, (quoting Mack v. Great Atl. & Pac. Tea Co., 871 F.2d 179, 181 (1st Cir.1989)) (<HOLDING>) Local Rule 56(b), moreover, requires the Options: A. holding that to justify a new trial based upon newly discovered evidence 1 the evidence must have been discovered after trial 2 the failure to discover this evidence must not be attributable to a lack of due diligence on the part of the movant 3 the evidence must not be merely cumulative or impeaching 4 the evidence must be material and 5 the evidence must be likely to produce an acquittal if a new trial is granted B. holding that a district court must compare and weigh the opposing evidence and it must set aside the verdict if it determines that the verdict is against the clear weight of the evidence C. holding that the evidence illustrating the factual controversy cannot be conjectural or problematic it must have substance in the sense that it limns differing versions of the truth which a factfinder must resolve D. holding substance of claim must have been presented to state court E. holding to prove possession the state must show that a defendant possessed a certain substance the substance was illegal and he had knowledge of the presence of the substance

assistant: The best answer is C. holding that the evidence illustrating the factual controversy cannot be conjectural or problematic it must have substance in the sense that it limns differing versions of the truth which a factfinder must resolve
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts and, if so executed, each such counterpart shall have the force and effect of an original. A facsimile signature shall have the same force and effect as an original signature.

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: This Notice of Grant of Security Interest in [Copyright] [Patent] [Trademark] Supplement has been entered into in conjunction with the provisions of the Revolving Facility Security Agreement. The Grantor does hereby acknowledge and confirm that the grant of the security interest hereunder to, and the rights and remedies of, the Collateral Agent with respect to the Additional Collateral are more fully set forth in the Revolving Facility Security Agreement, the terms and provisions of which are incorporated herein by reference as if fully set forth herein. To the extent there is any conflict with the terms of this Notice of Grant of Security Interest in [Copyright] [Patent] [Trademark] Supplement and the Revolving Facility Security Agreement, the terms of the Revolving Facility Security Agreement shall control.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in addition , we are not responsible for the accuracy , availability , or reliability of any information , content , goods , data , opinions , advice , or statements made available in connection with social networking services .

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: was celebrated or solemnized. See, Loughran v. Loughran, 292 U.S. 216, 223, 54 S.Ct. 684, 78 L.Ed. 1219 (1934) (finding that a marriage, if valid under the law of state in which the marriage was entered into, will generally be recognized as valid by all other jurisdictions); Shikoh v. Murff, 257 F.2d 306, 307, 309 (2d Cir.1958) (finding that a divorce registered with the Consulate General of Pakistan in New York was invalid for immigration purposes, because it did not comply with the laws of New York State); Lembcke v. United States, 181 F.2d 703, 706 (2d Cir.1950) (finding that the “validity of [a] marriage necessarily depends upon the law of the place where the marriage was contracted”); Mott v. Duncan Petroleum Trans., 51 N.Y.2d 289, 292, 434 N.Y.S.2d 155, 414 N.E.2d 657 (1980) (<HOLDING>). Moreover, the BIA’s published opinions Options: A. holding husband could not have marriage annulled because wife was pregnant by him at time of marriage B. recognizing the common enterprise theory of marriage C. holding that the law to be applied in determining the validity of an outofstate marriage is the law of the state in which the marriage occurred D. recognizing that basis for deportation was aliens misrepresentation about his marriage not the validity of his marriage E. holding that where the petitioners prior marriage was dissolved after the subsequent marriage the subsequent marriages validity should be analyzed under the law of the place where it was celebrated

assistant: The best answer is C. holding that the law to be applied in determining the validity of an outofstate marriage is the law of the state in which the marriage occurred
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: execution.” Boyd, 717 So.2d at 524 (emphasis added). Therefore, even though the Affidavits of Violation of Probation were filed within the probationary period, the “probation revocation process” as defined in Boyd was not set in motion within that period, and the county court did not have jurisdiction over these revocation proceedings. See Francois v. State, 695 So.2d 695, 697 (Fla.1997) (“[W]hen a probationary period expires, the court is divested of jurisdiction over the probationer unless, prior to that time, the appropriate steps were taken to revoke or modify the probation.”). Furthermore, the mandate of Boyd and Francois cannot be avoided by construing the defendants’ violations of probation as “absconding” that would toll the probationary period. See Francois, 695 So.2d at 697 (<HOLDING>). Reversed and remanded for further consistent Options: A. holding that under the law of the district of columbia the filing of a complaint does not toll the statute of limitations on a counterclaim B. holding that the failure to satisfactorily meet the conditions of probation is not the legal equivalent of absconding and does not toll the probationary period C. holding that probation is not a sentence D. holding that a notation in the probation officers file that watkins was delinquent was not sufficient to initiate revocation proceedings and to toll the running of watkins probationary period E. holding that the filing of a motion for reconsideration does not toll the period for seeking judicial review of the underlying order

assistant: The best answer is B. holding that the failure to satisfactorily meet the conditions of probation is not the legal equivalent of absconding and does not toll the probationary period
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: HA INC shall maintain and shall maintain on behalf of and for the benefit of each Borrower insurance with insurers satisfactory to Agent, with respect to the Properties, Collateral and business of Obligors of such type (including general liability, umbrella policy, D&O and workers compensation coverages), in such amounts, and with such coverages and deductibles as are customary for companies similarly situated.

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: 65, 78, 111 S.Ct. 1127, 113 L.Ed.2d 51 (1991)) (alteration in original) (internal quotation marks omitted). 32 . Id. at 45-46, 119 S.Ct. 292. 33 . Id. at 46, 119 S.Ct. 292 (citing Air Line Pilots, 499 U.S. at 78-81, 111 1127). 34 . United Steelworkers of Am., AFL-CIO-CLC v. Rawson, 495 U.S. 362, 372-73, 110 S.Ct. 1904, 109 L.Ed.2d 362 (1990). 35 . 115 P.3d at 562-63. 36 . Id. (citing Tenorio v. NLRB, 680 F.2d 598, 601-02 (9th Cir.1982)). 37 . Id. (quoting Tenorio, 680 F.2d at 601). 38 . Id. (quoting Tenorio, 680 F.2d at 602). 39 . Peters v. Burlington N. R.R. Co., 931 F.2d 534, 540 (9th Cir.1990). 40 . Id. 41 . Id. 42 . Id. 43 . Id. 44 . Id. (emphasis added). 45 . Vaca, 386 U.S. at 193, 87 S.Ct. 903. 46 . See Robesky v. Qantas Empire Airways Ltd., 573 F.2d 1082, 1088-89 (9th Cir.1978) (<HOLDING>). 47 . Id. at 1088, 1089-91 (holding Options: A. holding that a union may breach its duty of fair representation by rejecting an employees interpretation of the collective bargaining agreement if the unions interpretation is itself arbitrary or unreasonable B. holding that sixmonth duty of fair representation statute of limitations applicable to claim alleging breach of union contract C. holding intentional conduct without rational basis is arbitrary breach of duty of fair representation D. holding that erisa 514a preempts claims for breach of contract breach of duty of good faith and fair dealing negligence and intentional infliction of emotional distress E. holding that where the conduct forming the basis of the plaintiffs breach of duty of good faith and fair dealing claim is the same conduct forming the basis for the breach of contract claim the claims merge and there is no separate cause of action for breach of duty of good faith and fair dealing

assistant: The best answer is C. holding intentional conduct without rational basis is arbitrary breach of duty of fair representation
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 id. Scarbrough argues, however, that “[t]he case at bar demonstrates a legal and factual pattern where the merits are inextricably intertwined with certain jurisdictional facts.” Specifically, she argues that a jury trial was necessary to determine standing because the question of standing was inter tition are questions of law regarding the construction of the terms of the Resolution, not questions of fact regarding the details of the Resolution’s implementation. The facts material to a determination of Scarbrough’s standing as to her ripe claims are complete, are jurisdictional, and are largely uncontested. No additional discovery is necessary to determine Scarbrough’s standing to assert her ripe claims, hence to decide the plea to the jurisdiction. See Bland, 34 S.W.3d at 555 (<HOLDING>); Miranda, 133 S.W.3d at 227-28 (holding that Options: A. recognizing that we lack jurisdiction to consider issues not raised in the parties briefs B. holding that exhaustion of issues is jurisdictional C. holding that we consider issues not raised at administrative level waived D. holding that we generally may not consider issues not raised before the bia E. holding that we consider relevant evidence submitted by parties when necessary to resolve jurisdictional issues raised

assistant: The best answer is E. holding that we consider relevant evidence submitted by parties when necessary to resolve jurisdictional issues raised
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 leaving the license at home.” Id. It also considered the scant risk of erroneous conviction, remarking that: “We find it nearly impossible to believe that [the accused] had such a license but withheld it, subjecting himself to the risk of a mandatory term of imprisonment” — “ ‘[s]uch an absurd game.does not contribute to a search for truth....’” Id. (quoting Williams v. Florida, 399 U.S. 78, 82, 90 S.Ct. 1893, 26 L.Ed.2d 446 (1970)). In the end, the Jones court found “no unfairness in [its] traditional rule.” Id. Given that the section 10 firearms offense remains a general prohibition crime in the Commonwealth, it comes as no surprise to us that the SJC in Powell’s direct appeal decided to abide by the due process analysis in Jones. Cf. Morrison, 291 U.S. at 91-93, 54 S.Ct. 281 (<HOLDING>). Moreover, between the time of Jones and Options: A. holding that when determining prejudice under the objective test relevant considerations include 1 whether the extrinsic evidence was received by the jury and the manner in which it was received 2 whether it was available to the jury for a lengthy period of time 3 whether it was discussed and considered extensively by the jury 4 whether it was introduced before a jury verdict was reached and if so at what point during the deliberations and 5 whether it was reasonably likely to affect the verdict considering the strength of the governments case and whether the governments case outweighed any possible prejudice caused by the extrinsic evidence B. holding the standard of review in juvenile adjudication is whether after viewing evidence in light most favorable to the state any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt C. holding that state courts determination that the petitioner was competent to waive his right to pursue further postconviction review of his claims was a factual one and therefore presumed correct under the federal habeas corpus statute D. holding that when reviewing the sufficiency of evidence to support a state criminal conviction the relevant question under the due process clause of the fourteenth amendment is whether after viewing the evidence in the light most favorable to the prosecution any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt E. holding that the state crime under review was not one of general prohibition before considering whether the evidence had any sinister significance in relation to the presumed culpability component

assistant: The best answer is E. holding that the state crime under review was not one of general prohibition before considering whether the evidence had any sinister significance in relation to the presumed culpability component
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as disclosed in the periodic and other reports, proxy statements and other materials filed by the Guarantor with the SEC prior to the date hereof, there are no suits, actions, proceedings or investigations pending, or, to the knowledge of Tenant or Guarantor, threatened against or involving Tenant or Guarantor, as applicable, before any arbitrator or Governmental Authority which might reasonably result in any Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or community in the exercise of any authority which it may possess shall, if not inconsistent with any applicable civil law of the State, be given full force and effect in the determination of civil causes of action pursuant to this section. . . . ” I. Grant of P.L. 280 jurisdiction to local governments The first impediment to enforcement of the County ordinances is that they are not “civil laws of [the] State . . . that are of general application . . . within the State . . . .” This is a matter of first impression for this court; district courts in this circuit have split on the issue. Plaintiffs, contending that local ordinances are not state laws of “general application . . . elsewhere within the State,” rely on Donelon v. New Orleans Terminal Co., 474 F.2d 1108 (5th Cir. 1973) (<HOLDING>), and Moody v. Flowers, 387 U.S. 97, 87 S.Ct. Options: A. holding local ordinances are not state statutes within the meaning of 28 usc 2281 requiring convening of a threejudge district court to enjoin a state statute B. holding local ordinances not state laws within the meaning of the railroad safety act of 1970 45 usc 434 C. holding that a factor who retains the money of his principal is not a fiduciary within the meaning of the bankruptcy laws D. holding that a state is not a person within the meaning of 1983 E. holding that because no clear implication could be derived from the language of the statute that the state should be bound by the local zoning ordinances the state was not bound

assistant: The best answer is B. holding local ordinances not state laws within the meaning of the railroad safety act of 1970 45 usc 434
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 Credit Document executed, or to be executed, by each Loan Party has been, or will be, duly executed and delivered by such Loan Party and constitutes, or will constitute, a legal, valid and binding obligation of such Loan Party, enforceable against such Loan Party in accordance with its terms, except as limited by bankruptcy, insolvency or other laws of general application relating to or affecting the enforcement of creditors’ rights generally and general principles of equity.

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 legal provision and list the applicable contract clause categories. Provision: The Company shall, to the maximum extent permitted by applicable law, indemnify the Executive and hold her harmless against liabilities, expenses, judgments, fines, settlements, awards, costs (including attorneys' fees) and other amounts actually and reasonably incurred by the Executive in connection with any threatened, pending or completed action, suit, arbitration, alternative dispute mechanism, inquiry, judicial, administrative or legislative hearing, investigation or proceeding of any kind arising by reason of the fact that the Executive is or was an employee, officer or director of the Company, its subsidiaries, affiliates or any other member of the Company Group. Expenses incurred by the Executive that the Company is required to indemnify as set forth above shall be paid (including advancement of expenses if requested by the Executive) or reimbursed by the Company as soon as practicable following receipt by it of a request for payment or reimbursement (provided such request provides reasonable evidence of the expenditure) and an undertaking of the Executive to repay such expenses if it should ultimately be determined by a court of competent jurisdiction that the Executive was not entitled to be indemnified by the Company. The Executive shall at all times be covered for acts and omissions performed while an employee, officer, director or manager of any member of the Company Group under any directors and officers liability insurance policy maintained by the Company on terms no less favorable than those applicable to other executive officers, directors or managers of the Company Group. This Section 12 shall, for the avoidance of doubt, survive termination of the Executive's employment with the Company and/or termination of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: e.g, Uninsured Employer’s Fund v. Kramer, 32 Va. App. 77, 82, 526 S.E.2d 304, 306 (2000); Craddock Moving & Storage Co., 16 Va. App. at 3, 427 S.E.2d at 430. The Act also does not apply to independent contractors. Accord Richmond Newspapers, Inc. v. Gill, 224 Va. 92, 97, 294 S.E.2d 840, 843 (1982) (citing Stover v. Ratliff, 221 Va. 509, 511, 272 S.E.2d 40, 42 (1980)). Whether a putative employee is to be more appropriately classified as an independent contractor, and thus falling outside of the protections afforded employees under the Act, is a common law determination involving several facts and inquiries, most important of which is determining who holds the power and discretion to control the methods and means of the work to be accomplished. See, e.g., id. at 97, 294 S.E.2d at 843 (<HOLDING>); Intermodal Servs. Inc. v. Smith, 234 Va. 596, Options: A. holding that the courts determination of whether an officer had probable cause for an arrest is an independent and objective determination and an officers own subjective reason for the arrest is irrelevant B. holding that determination of whether someone is an employee under the adea must be made in accordance with common law agency principles C. holding that the determination of whether an individual is an independent contractor lies in the common law and not under an express provision of the act D. recognizing the general rule that a property owner is not liable for the negligence of an independent contractor E. holding that under the mwa the question of whether an employee was an independent contractor or an employee was a question of statutory interpretation

assistant: The best answer is C. holding that the determination of whether an individual is an independent contractor lies in the common law and not under an express provision of the 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: The parties (a) hereby irrevocably and unconditionally submit to the sole and exclusive jurisdiction of the state and federal courts located in Salt Lake County in the State of Utah for the purpose of any suit, action or other proceeding arising out of or based upon this Note or the Note (“Covered Matters”), (b) agree not to commence any suit, action or other proceeding arising out of or based upon any Covered Matters except in the state courts or federal courts located in the State of Utah, and (c) hereby waive, and agree not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that this Note or the subject matter of any Covered Matter may not be enforced in or by such court.

assistant: Jurisdictions
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 Relevant Party is duly qualified and in good standing in each state or territory where necessary to carry on its present businesses and operations, except in jurisdictions in which the failure to be qualified and in good standing could not reasonably be expected to have a Material Adverse Effect.

assistant: Qualifications
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 Supreme Court has recognized as giving rise to standing if allegedly infringed. West Virginia’s claimed injury does not involve the State’s interest in the enforcement of its own laws. See Snapp, 458 U.S. at 601, 102 S.Ct. 3260 (identifying as a sovereign interest “the power to create and enforce a legal code, both civil and criminal”). It does not involve a demand that West Virginia’s sovereignty be recognized by another state.' See id. (identifying as a sovereign interest “the demand for recognition from other sovereigns”). It does not involve the State’s real property, see E.P.A., 549 U.S. at 519, 127 S.Ct. 1438 (recognizing “Massachusetts’ well-founded desire to preserve its sovereign territory”); its public fisc, see Nat’l Fed’n of Indep. Small Bus., 132 S.Ct. at 2604-05 (<HOLDING>); or another form of proprietary interest, see Options: A. holding that the threatened loss of over 10 percent of a states overall budget is economic dragooning that leaves the states with no real option but to acquiesce in a federal demand B. holding that the sentence in article ii section 16 constitution of montana that guarantees an employee the right of full legal redress against third parties is mandatory and self executing and leaves no room for erosion based on what federal courts or the courts of other states would do pursuant to federal laws or the laws of other states C. holding that where a state voluntarily chooses to submit to a federal forum principles of comity do not demand that the federal court force the case back into the states own system D. holding that the land under navigable waters was not granted by the constitution to the united states but was reserved to the states respectively and that new states have the same rights jurisdiction and sovereignty over the soil under navigable water as the original states E. recognizing federal constitutional claim against the united states

assistant: The best answer is A. holding that the threatened loss of over 10 percent of a states overall budget is economic dragooning that leaves the states with no real option but to acquiesce in a federal demand
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that any one or more of the terms or provisions of this Agreement or the application thereof to any Person or circumstance is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement, or the application of such term or provision to Persons or circumstances or in jurisdictions other than those as to which it has been determined to be invalid, illegal or unenforceable, and the Parties shall use their commercially reasonable efforts to substitute one or more valid, legal and enforceable terms or provisions into this Agreement which, insofar as practicable, implement the purposes and intent of the Parties. Any term or provision of this Agreement held invalid or unenforceable only in part, degree or within certain jurisdictions shall remain in full force and effect to the extent not held invalid or unenforceable to the extent consistent with the intent of the Parties as reflected by this Agreement. To the extent permitted by applicable Law, each Party waives any term or provision of Law which renders any term or provision of this Agreement to be invalid, illegal or unenforceable in any respect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in Florida, his ongoing medical treatment in Florida, and the location of multiple witnesses in Florida. Plaintiff also emphasizes that consent to voluntary dismissal has been obtained from all but two Defendants. In response, the objecting Defendants argue that re-filing this case in the United States District Court for the Middle District of Florida, which is Plaintiffs admitted intention should the case be dismissed, would unfairly impose upon them the costs associated with submitting motions and other documents which have already been filed with this Court. These Defendants, however, apparently overlook the Court’s power to levy costs and, furthermore, fail to demonstrate that they would suffer legal prejudice in the event of a dismissal. See, e.g., Manshack, 915 F.2d at 174 (<HOLDING>). Considering the totality of the circumstances Options: A. holding that merely subjecting the defendant to another lawsuit does not amount to plain legal prejudice where the nonmoving party does not complain of excessive litigation costs resulting from discovery B. holding under plain error standard of review that apprendi does not apply to restitution because the statute does not prescribe a maximum amount C. holding that the nonmoving parly must show how additional discovery will defeat the summary judgment motion ie create a genuine dispute as to a material fact and that the nonmoving party must show that he has diligently pursued discovery of the evidence in question D. holding that filing an answer does not invoke the status as a defendant in plaintiffs lawsuit E. holding that the nonmoving party must show how additional discovery will defeat the summary judgment motion ie create a genuine dispute as to a material fact and that the nonmoving party must show that he has diligently pursued discovery of the evidence in question

assistant: The best answer is A. holding that merely subjecting the defendant to another lawsuit does not amount to plain legal prejudice where the nonmoving party does not complain of excessive litigation costs resulting from discovery
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: new trial is granted.” United States v. Grover, 511 F.3d 779, 783 (8th Cir.2007). “[I]n order to meet the materiality requirement, newly discovered evidence must be ‘more than merely ... impeaching.’ ” United States v. Baker, 479 F.3d 574, 577 (8th Cir.2007) (quoting United States v. Dogskin, 265 F.3d 682, 685 (8th Cir.2001)). The district court properly held Lee had not met his burden of establishing reasonable diligence as to the testimony of Higgins. Due to the evidence adduced at trial connecting Lee to Higgins, Higgins was a prime target to question. But, at the new-trial hearing, Lee’s counsel admitted Lee and he had done nothing to locate Higgins prior to trial. Such inaction does not qualify as reasonable diligence. See United States v. Moore, 221 F.3d 1056, 1058 (8th Cir.2000) (<HOLDING>). In addition, Doyle’s proffer interview would Options: A. holding that to justify a new trial based upon newly discovered evidence 1 the evidence must have been discovered after trial 2 the failure to discover this evidence must not be attributable to a lack of due diligence on the part of the movant 3 the evidence must not be merely cumulative or impeaching 4 the evidence must be material and 5 the evidence must be likely to produce an acquittal if a new trial is granted B. holding that to obtain a new trial based on newly discovered evidence the defendant must allege facts from which the court may infer diligence on the part of the defendant C. holding that unavailable evidence may constitute newly discovered evidence if the failure to learn of the evidence did not result from the defendants lack of due diligence D. holding that posttrial discovery of asserted newly discovered evidence did not satisfy the requirement that the evidence must be such as with reasonable diligence could not have been discovered and produced at trial E. holding that affidavit from a new witness was not newly discovered evidence because trial counsel knew of the existence of the witness before trial trial counsel with due diligence could have discovered the evidence

assistant: The best answer is B. holding that to obtain a new trial based on newly discovered evidence the defendant must allege facts from which the court may infer diligence on the part of the defendant
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: SDCL 16-18-21 provides: An attorney and counselor at law has a lien for a general balance of compensation in and for each case upon: (3) Money due his client in the hands of the adverse party or attorney of such party, in an action or proceeding in which the attorney claiming the lien was employed, from, the time of giving notice in writing to such adverse party or attorney of such party, if the money is in the possession or under the control of such attorney, which notice shall state the amount claimed and in general terms for what services[.J (Emphas .2d 53 (Mo.1982) (ruling attorney may proceed to enforce attorney’s lien by motion in the original case or by an independent suit); Fire Protection Resources, Inc. v. Johnson Fire Protection Co., 72 Ohio App.3d 205, 594 N.E.2d 146 (1991) (<HOLDING>); Stubblefield v. General Motors Acceptance Options: A. holding appellants issue was rendered moot because appellant was given the opportunity to make a record in support of his motion for new trial and appellate court considered that record in disposing of only issue raised in the motion for new trial B. holding that a motion to declare and enforce an attorneys lien must be entertained by the court in the action in which the judgment was rendered provided client is given an opportunity to obtain new counsel and there is a final judgment in the case which the claiming attorney helped secure through his services in the litigation C. holding that the attorneys charging lien may be asserted and enforced in the civil action which gave rise to the lien claim or in an independent action D. holding that if an attorney is discharged without cause he is entitled to a charging lien for the reasonable value of his services rendered prior to the date of the substitution of counsel where 1 his representation was entirely competent and successful up until his discharge 2 any potential conflict of interest was disclosed and the plaintiff chose to continue to be represented by the attorney and 3 the discharge of the attorney occurred solely because of a fee dispute E. holding that an attorney could obtain a judgment for attorney fees against his own client in the divorce division of the circuit court of cook county where there was no objection

assistant: The best answer is B. holding that a motion to declare and enforce an attorneys lien must be entertained by the court in the action in which the judgment was rendered provided client is given an opportunity to obtain new counsel and there is a final judgment in the case which the claiming attorney helped secure through his services in the litigation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in the SEC Documents, the Company (after giving effect to the transactions contemplated by this Agreement) is solvent ( i.e. , its assets have a fair market value in excess of the amount required to pay its probable liabilities on its existing debts as they become absolute and matured) and currently the Company has no information that would lead it to reasonably conclude that the Company would not, after giving effect to the transaction contemplated by this Agreement, have the ability to, nor does it intend to take any action that would impair its ability to, pay its debts from time to time incurred in connection therewith as such debts mature. The Company did not receive a qualified opinion from its auditors with respect to its most recent fiscal year end and, after giving effect to the transactions contemplated by this Agreement, does not anticipate or know of any basis upon which its auditors might issue a qualified opinion in respect of its current fiscal year.

assistant: Solvency
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: trade secrets described therein, to Yeti by Molly. Deckers contends that Strong therefore owned no trade secrets and could not have suffered any damages from Deckers’ misappropriation. There is sufficient evidence in the record to support the jury’s finding that Deckers misappropriated trade secrets owned by Strong. Strong testified that she revealed to Link the identity of many of her suppliers. For example, she told Link that she used Malden Mills for Polar-Tec fleece material and revealed the precise type of Polar-Tec that she preferred. She never transferred this secretly maintained list of suppliers to Yeti by Molly. The identity of a supplier can be a trade secret. See Mont.Code Ann. § 30-14-402(4); see also Ackerman v. Kimball Int’l Inc., 634 N.E.2d 778, 783 (Ct.App.Ind. 1994) (<HOLDING>) rev’d on other grounds 652 N.E.2d 507 Options: A. holding that supplier lists can be trade secrets under indianas uniform trade secrets act which uses the same definition of a trade secret as montana B. recognizing that customer lists may be protectable trade secrets C. holding that the inevitable disclosure theory can be applied under north carolina law where 1 injunction is limited to protecting specifically defined trade secrets and 2 the trade secret is clearly identified and of significant value D. holding that included among trade secrets employee may not appropriate from employer is certain information such as lists of customers E. holding that the loss of trade secrets cannot be measured in money damages

assistant: The best answer is A. holding that supplier lists can be trade secrets under indianas uniform trade secrets act which uses the same definition of a trade secret as montana
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the parties hereto agrees that this Agreement is intended to be legally binding and specifically enforceable pursuant to its terms and that Purchaser and Seller would be irreparably harmed if any of the provisions of this Agreement are not performed in accordance with their specific terms and that monetary damages would not provide adequate remedy in such event. Accordingly, in addition to any other remedy to which a non-breaching party may be entitled at law, a non-breaching party shall be entitled to injunctive relief to prevent breaches of this Agreement and to specifically enforce the terms and provisions hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Assuming compliance with the matters referred to in Section 2(a), neither the execution and delivery of this Agreement, nor the consummation of the transactions contemplated hereby, nor compliance with the terms hereof, will (with or without notice or the passage of time or both) violate, conflict with or result in a breach of, or constitute a default (with or without notice or lapse of time or both) under the Stockholder’s organizational documents or under any Contract of, or Law applicable to, the Stockholder or to the Stockholder’s property or assets.

assistant: No Conflicts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution and delivery of this Support Agreement do not, and the consummation of the transactions contemplated hereby and compliance with the provisions hereof will not, conflict with, result in a breach or violation of or default (with or without notice or lapse of time or both) under, or require notice to or the consent of any person under, any agreement, law, rule, regulation, judgment, order or decree by which Parent is bound, except for such conflicts, breaches, violations or defaults that would not, individually or in the aggregate, materially prevent or delay consummation of the Merger and the transactions contemplated by the Merger Agreement and this Support Agreement or otherwise prevent or materially delay Parent from performing its obligations under this Support Agreement.

assistant: No Conflicts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and any amendment or supplement hereto may be executed in any number of counterparts, each of which shall be deemed an original, and all of which taken together shall constitute one and the same instrument. This Agreement shall become binding when any number of counterparts, individually or taken together, shall bear the signatures of both Parties. This Agreement may be executed and delivered by facsimile or any other electronic means, including “.pdf” or “.tiff” files, and any facsimile or other scanned copy of a signed copy of this Agreement shall constitute an original for all purposes.

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: Neither this Amendment, nor shall Lender’s agreement to make the Additional Advance, be deemed or construed in any manner as a waiver by the Lender of any claims, Proceedings, defaults, Events of Default, breaches or misrepresentations by the Credit Parties under the Credit Agreement, any other Loan Documents, or any of Lender’s rights or remedies in connection therewith.

assistant: No Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Debtors’ exemptions in the Cheboygan Property under § 522(d)(1) “are not properly claimed.” See Fed. R.Bankr.P. 4003(c); see also In re John, 459 B.R. 684, 689 (Bankr.E.D.Mich.2011) (citations omitted). The Court must construe exemptions liberally, in favor of the Debtors. See In re Hanh Hieu Dang, No. 11-10091, 2012 WL 2175778, at *2 (Bankr. W.D.Mich. June 13, 2012)(“Exemptions are to be liberally construed in favor of a debtor.”) (citing Menninger v. Schramm (In re Schramm), 431 B.R. 397, 400 (6th Cir. BAP 2010) and Fed. R. Bankr.P. 4003(c)). The Court must determine Debtors’ claimed exemptions as of the date they filed their bankruptcy petition. See id. (“Exemptions are determined as of the filing date.”); In re Buick, 237 B.R. 607, 609 (Bankr.W.D.Pa.1999) and cases cited therein (<HOLDING>). 2. The meaning of “residence” in § 522(d)(1) Options: A. holding that a debtors entitlement to an exemption under 522d1 is determined as of the filing date of a bankruptcy petition B. holding that debtors could not exempt under 522d1 proceeds from the prepetition sale of their home C. holding one who claims tax exemption has burden of showing entitlement to exemption D. holding that the right of the debtor to claim property as exempt is generally determined on the facts as they exist on the date of the filing of the petition E. holding that a debtors 522d1 exemption was invalid when the debtor exempted proceeds from the prepetition sale of the debtors marital home which were paid to a judgment creditor with an attachment on the debtors interest in the home

assistant: The best answer is A. holding that a debtors entitlement to an exemption under 522d1 is determined as of the filing date of a bankruptcy petition
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 become effective when it shall have been executed by the Borrower and the Administrative Agent and the Administrative Agent shall have been notified by each Extending Lender that such Extending Lender has executed it and thereafter shall be binding upon and inure to the benefit of the Borrower, the Administrative Agent and each Lender and their respective successors and assigns permitted hereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the provisions of the Plan and Section 4 of this Agreement, with respect to the Restricted Stock Units that have not become vested on the date the Participant’s employment is terminated, the award of Restricted Stock Units shall expire and such unvested Restricted Stock Units shall immediately be forfeited on such date. Participant shall not sell, transfer, pledge, assign, alienate, hypothecate, or otherwise encumber or dispose of the Restricted Stock Units other than by will or the laws of descent and distribution.

assistant: Forfeitures