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 case excerpt and choose the best holding from the options. Case excerpt: that their complaints about working conditions were protected by the First Amendment: A “public employee may not transform a personal grievance into a matter of public concern by invoking a supposed popular interest in the way public institutions are run.” “[T]he relevant inquiry is not whether the public would be interested in the topic of the speech at issue but rather is “whether the purpose of the [the plaintiffs] speech was to raise issues of public concern.’ ”... The record in this case reveals that the speech of [plaintiffs], while ostensibly intermingled with issues of child safety and DeKalb DFCS mismanagement, was not intended to address matters of public concern from the perspective of a citizen. See White Plains Towing Corp. v. Patterson, 991 F.2d 1049, 1059 (2d Cir.1993) (<HOLDING>). 510 F.3d at 1344-45 (some internal citations Options: A. recognizing that even as to an issue that could arguably be viewed as a matter of public concern if the employee has raised the issue solely in order to further his own employment interest his first amendment right to comment on that issue is entitled to little weight B. holding that an issue is preserved for appeal where the issue was sufficiently raised for the court to rule on it C. holding that a partys failure to raise an issue in the opening brief waived the issue even though the party raised the issue in his reply brief D. holding that where an issue is raised in the district court but raised late and the district court declines to deem the issue waived the issue may be raised on appeal E. holding if an employee does not speak as a citizen on a matter of public concern the employee has no first amendment cause of action based on his or her employers reaction to the speech

assistant: The best answer is A. recognizing that even as to an issue that could arguably be viewed as a matter of public concern if the employee has raised the issue solely in order to further his own employment interest his first amendment right to comment on that issue is entitled to little weight
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 enumerated offense of aggravated assault because his [Iowa] offense did not require proof of an underlying assault and therefore does not comport with the generic, contemporary definition of that crime.” Esparza-Perez, 681 F.3d at 231. As construed by state and federal courts in Iowa, sections 708.1(3) and 708.2(3) do not require that the defendant cause, attempt to cause, or threaten to cause bodily injury or offensive contact to another. Unlike the “generic meaning,” sections 708.1(3) and 708.2(3) do not require proof that the defendant intended to use the weapon, threatened to use the weapon, or that the acts were intended or reasonably calculated to place another in fear of harmful or offensive contact. See, e.g., United States v. Thomas, 565 F.3d 438, 440-12 (8th Cir.2009) (<HOLDING>); State v. Harris, 705 N.W.2d 105, 2005 WL Options: A. holding that arrest by the back door of defendants house was unlawful B. holding that the second element was not satisfied where the defendant shined a flashlight into a glass door for five to ten seconds then left the area and was stopped by police officer thirteen blocks away C. holding direct testimony tying a defendant to a gun was not required when the gun was found in the defendants truck and when the defendant had both ammunition for the gun and a rack in which it could have been kept D. holding that defendants constitutionally protected privacy interest began at the door to his room not at the door to the rooming house E. holding that the defendant committed assault under section 70813 where he came into the apartment for about two seconds with a gun in his right hand held the gun straight down at his side said wrong door then closed the door and started knocking on the other apartments door

assistant: The best answer is E. holding that the defendant committed assault under section 70813 where he came into the apartment for about two seconds with a gun in his right hand held the gun straight down at his side said wrong door then closed the door and started knocking on the other apartments door
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: as one of the list of specific causes for dismissal, lack of good faith is recognized as grounds for dismissal. In re SGL Carbon Corp., 200 F.3d 154, 159-63 (3d Cir.1999). When a party files a motion to dismiss and places good faith “at issue” by presenting a prima facie case of bad faith in the filing, the non-moving party bears the burden of demonstrating good faith. Id. at 162 n. 10. (“Once at issue, the burden falls upon the bankruptcy petitioner to establish that the petition has been filed in ‘good faith.’”); see also NMSBPCSLDHB, L.P. v. Integrated Tele-com Express, Inc. (In re Integrated Tele-com Express, Inc.), 384 F.3d 108, 118 (3d Cir.2004). Further, dismissal is appropriate when the petition lacks a “valid reorga-nizational purpose.” In re SGL Carbon Corp., 200 F.3d at 169 (<HOLDING>). The court must consider the totality of the Options: A. holding that the good faith requirement of the whistleblower statute was not met where the purpose of the employee at the time of the making of reports was not to protect the public but to protect the jobs of himself and his coworkers B. holding that a court should focus solely upon the subjective good faith of the debtor at the time it filed its chapter 11 petition regardless of the debtors prospects for reorganization C. holding that chapter 11 case filed by financially healthy company solely to gain a tactical advantage in litigation was in bad faith D. holding that the filing of a chapter 11 merely to avoid the consequences of antitrust litigation while the company was otherwise financially stable did not meet the requirement of a valid reorganizational purpose and consequently the petition was not filed in good faith E. holding that the good faith analysis for evaluating a chapter 11 petition and that in evaluating a chapter 11 plan are distinct

assistant: The best answer is D. holding that the filing of a chapter 11 merely to avoid the consequences of antitrust litigation while the company was otherwise financially stable did not meet the requirement of a valid reorganizational purpose and consequently the petition was not filed in good faith
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: written death threat alone did not compel a finding of past persecution). This court has also rejected a rigid requirement of physical injury, making clear in Sanchez Jimenez that “attempted murder is persecution,” regardless of whether the petitioner was injured and even if the attack is unsuccessful. 492 F.3d at 1233; see also Mejia v. U.S. Att’y Gen., 498 F.3d 1253, 1257-58, 1257 n. 7 (11th Cir.2007) (extending the rule in Sanchez Jimenez to other projectiles such as rocks). “In assessing past persecution [this court is] required to consider the cumulative impact of the mistreatment the petitioner [ ] suffered.” Mejia, 498 F.3d at 1258; Delgado v. U.S. Att’y Gen., 487 F.3d 855, 861 (11th Cir. 2007) (citing Ruiz, 479 F.3d at 766); Ruiz v. Gonzales, 479 F.3d 762, 766 (11th Cir. 2007) (<HOLDING>). Thus, even though each instance of Options: A. holding that harassment threats and one beating did not constitute persecution B. holding that the cumulative effect of a beating threatening phone calls and a kidnaping constituted persecution C. holding that single beating at the hands of the government occurring seven years before did not establish probability of future persecution D. holding that a minor beating even in conjunction with threats did not compel a finding of persecution E. holding that evidence of kidnapping at gunpoint interrogation and beating did not compel finding of persecution

assistant: The best answer is B. holding that the cumulative effect of a beating threatening phone calls and a kidnaping constituted persecution
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: not on the requirement for “candidates [to] show a ‘modicum’ of support prior to their placement on the ballot.” Appellant’s Br. at 10. Instead, they specifically challenge as undue and excessive the percentage of support they are required to show under the statute. Id. (“[T]he issue in this case is whether the modicum of support that Section 16.1-11-36 actually requires— more than 15 percent of the eligible pool for some candidates — is constitutional.”). The Supreme Court often focuses on the amount of support a candidate is required to show when determining whether a ballot access restriction is constitutional, specifically considering the percentage of signatures or votes required. See, e.g., Munro v. Socialist Workers Party, 479 U.S. 189, 190, 107 S.Ct. 533, 93 L.Ed.2d 499 (1986) (<HOLDING>); Am. Party of Tex., 415 U.S. at 774-75, 783, Options: A. holding that state may not compel political parties to allow nonmembers to vote in primary elections B. holding that state may not compel political party to allow nonmembers to vote in its primary elections C. holding as constitutional a 1 vote requirement in a blanket primary D. holding that the right to vote is fundamental E. holding that a fair referendum assuring the equal right to vote under 101a1 includes the right of members to have the vote scheduled at a time when they can exercise their vote and the right to be free from intimidation or fear of reprisal

assistant: The best answer is C. holding as constitutional a 1 vote requirement in a blanket primary
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: 391 U.S. 461 88 S.Ct. 1715 20 L.Ed.2d 748 WORLD AIRWAYS, INC. et al., Petitioners,v.PAN AMERICAN WORLD AIRWAYS, INC., et al. CIVIL AERONAUTICS BOARD, Petitioner, v. PAN AMERICAN WORLD AIRWAYS, INC., et al. AMERICAN SOCIETY OF TRAVEL AGENTS, INC., Petitioner, v. PAN AMERICAN WORLD AIRWAYS, INC., et al. Nos. 800, 946, 969. Supreme Court of the United States Argued April 29 and 30, 1968. May 27, 1968 Frank M. Wozencraft and Jerrold Scoutt, Jr., Washington, D.C., for petitioners. Edward R. Neaher, New York City, for respondents. PER CURIAM. 1 The judgment of the United States Court of Appeals for the Second Circuit, 380 F.2d 770, is affirmed by an equally divided Court. 2 Mr. Justice MARSHALL took no part in the consideration or decision of these cases.

assistant: 9
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any amendment to the Plan will be deemed to be an amendment to this Agreement to the extent that the amendment is applicable to this Agreement; provided , however , that no amendment will adversely affect the rights of Grantee with respect to the Common Shares or other securities covered by this Agreement without Grantee’s consent. Notwithstanding the foregoing, the limitation requiring the consent of Grantee to certain amendments will not apply to any amendment that is deemed necessary by the Company to ensure compliance with Section 409A of the Code.

assistant: Amendments
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 Executive shall be entitled to receive prompt reimbursement for all reasonable expenses incurred by him during the Term in performing services hereunder, in accordance with the policies and procedures then in effect and established by the Company for its senior executive officers.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the employer’s evidence, and an opportunity to present his or her side of the story to the employer.’ ” Farhat v. Jopke, 370 F.3d 580, 595 (6th Cir.2004) (quoting Buckner v. City of Highland Park, 901 F.2d 491, 494 (6th Cir.1990)). 5 . Other circuits have required something akin to a full evidentiary hearing. See, e.g., Levine v. City of Alameda, 525 F.3d 903, 906 (9th Cir.2008) ("Because [the plaintiff’s] due process rights were violated, it was not improper for the district court to order a full evidentia ry hearing.... [The plaintiff] was entitled to a full post-termination hearing because there was no way to give [him] the process that he had been due, which was an opportunity to respond before the termination occurred.”); Locurto v. Safir, 264 F.3d 154, 174 (2d Cir. 2001) (<HOLDING>); Calhoun v. Gaines, 982 F.2d 1470, 1476-77 Options: A. holding that a limited pretermination hearing was sufficient where it was followed by a more comprehensive posttermination hearing B. holding that a pretermination hearing need not be in front of a neutral decisionmaker so long as the state affords plaintiff subsequent to his termination a full adversarial hearing before a neutral adjudicator C. holding that a nursing home participating in the medicaid program is not entitled to a pretermination hearing D. holding that due process does not require the state to provide an impartial decisionmaker at the pretermination hearing where posttermination remedies are available E. holding law requires court to consider full record of any evidentiary hearing even if hearing held by different judge

assistant: The best answer is B. holding that a pretermination hearing need not be in front of a neutral decisionmaker so long as the state affords plaintiff subsequent to his termination a full adversarial hearing before a neutral adjudicator
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 not subject to the `` special arbitration provision for united states or canada users '' section below , you agree that you will resolve any claim you have with us relating to , arising out of , or in any way in connection with our terms , us , or our services ( each , a `` dispute , '' and together , `` disputes '' ) exclusively in the united states district court for the northern district of california or a state court located in san mateo county in california , and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such disputes .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: By the issuance of a Letter of Credit (or an amendment to a Letter of Credit increasing the amount thereof) and without any further action on the part of the relevant Issuing Bank or the Revolving Lenders, the relevant Issuing Bank hereby grants to each Revolving Lender, and each Revolving Lender hereby acquires from the relevant Issuing Bank, a participation in such Letter of Credit equal to such Lender’s Applicable Percentage of the aggregate amount available to be drawn under such Letter of Credit. In consideration and in furtherance of the foregoing, each Revolving Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of the relevant Issuing Bank, such Lender’s Applicable Percentage of each LC Disbursement made by such Issuing Bank and not reimbursed by the applicable Borrower on the date due as provided in paragraph (e) of this Section, or of any reimbursement payment required to be refunded to any Borrower for any reason. Each Revolving Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of Letters of Credit is absolute and unconditional and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit or the occurrence and continuance of a Default or reduction or termination of the Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 355, 364 (5th Cir.2005) (finding that defendant satisfied the third prong of the plain error test)). In the instant case, the district court could impose the same sentence on remand, and it is not reasonably probable that Gonzalez would receive a lesser sentence on remand; therefore, as in Jones, we need not delve into the question whether the two "can be harmonized or which standard governs.” Id. at 438. 1 . In summarizing his argument, Gonzalez identifies another issue: whether the district court violated his rights to trial, confrontation, and due process with respect to the underlying drug charges. Gonzalez has waived this argument by not supporting it with any authority or including it in the body of his brief. See United States v. Thames, 214 F.3d 608, 611 n. 3 (5th Cir.2000) Options: A. holding that the appellant waived an argument listed only in his summary of the argument B. holding that the defendant waived argument on appeal by failing to develop a cogent argument C. holding that an argument raised only in a footnote of a brief is waived D. holding that argument raised at oral argument that was not included in brief is waived E. holding that the appellant waived this argument

assistant: The best answer is A. holding that the appellant waived an argument listed only in his summary of the argument
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No Employee shall have the right to be selected to receive an award under the Plan, or, having been so selected, to be selected to receive a future award. Except as expressly set forth in a Participant’s employment agreement with the Company or an Affiliate, any Actual Awards under the Plan shall not be considered for the purpose of calculating any other benefits to which such Participant may be entitled, including (a) any termination, severance, redundancy or end-of-service payments, (b) other bonuses or long-service awards, (c) overtime premiums, (d) pension or retirement benefits or (e) future Base Salary or any other payment to be made by the Company to such Participant. All Participants expressly acknowledge that there is no obligation on the part of the Company to continue the Plan. Any Actual Awards granted under the Plan are not intended to be compensation of a continuing or recurring nature, or part of a Participant’s normal or expected compensation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices and other communications hereunder shall be in writing, shall be effective only upon receipt and shall be mailed, delivered by hand or overnight courier, or transmitted by fax (with the receipt of any such fax to be confirmed by telephone). Notices to the Initial Purchasers shall be directed to the Representative at Wells Fargo Securities, LLC, 301 S. College St., 6 th Floor, Charlotte, North Carolina 28288, Attention: Transaction Management, fax no. (704) 383-9165 (with such fax to be confirmed by telephone to (704) 715-0541); and notices to the Company or any Guarantor shall be directed to it at 312 Walnut Street, Cincinnati, Ohio 45202, Attention: William Appleton, Senior Vice President and General Counsel, fax no. (513) 977-3997 (with such fax to be confirmed by telephone to (513) 977-3000).

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: The Parent and the Borrower will not, and will not permit any of the Restricted Subsidiaries to, create or acquire any additional Subsidiary unless the Borrower gives written notice to the Administrative Agent of such creation or acquisition and complies with Section 8.14(b) and Section 8.14(c). The Parent will not, and will not permit any Restricted Subsidiary to, (a) Transfer any Equity Interests in the Borrower or (b) Transfer any Equity Interests in any other Restricted Subsidiary or in any DevCo except (i) to the Borrower or a Restricted Subsidiary that is a Guarantor or (ii) in compliance with Section 9.12. None of the Parent, the Borrower or any other Restricted Subsidiary will have any Foreign Subsidiaries. The Parent and the Borrower will not permit any Equity Interests of any Restricted Subsidiary or any DevCo to be directly owned by any Person other than the Borrower or a Restricted Subsidiary that is a Guarantor, or in the case of the DevCos, OAS and its subsidiaries.

assistant: Subsidiaries
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: As of the Restatement Effective Date, no payment to be made by the Borrower under any Loan Document to which it is a party is subject to any withholding or like tax imposed by any Applicable Jurisdiction.

assistant: Withholdings
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 Loan Documents remain in full force and effect except as expressly modified by this Agreement. Neither this Agreement nor the Loan Documents may be amended except by an instrument in writing signed by the Parties, their successors or assigns.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Standard Concrete Pipe Sales Co., 366 S.W.2d 103 (Tex.Civ.App.-Houston [1st Dist.] 1963, no writ), the court of appeals held it to be error for the trial court to include in a summary judgment an order severing an attorney’s-fee issue in a suit on an account when the defendant, in controverting affidavits, raised an issue of fact as to the reasonableness of the attorney’s fees demanded in the plaintiffs motion for summary judgment. Id. at 105. The crux of the court’s holding was that the defendant was entitled to rely on its affidavits as raising a fact issue to defeat the summary-judgment motion. Id. The outcome may well have been different if the severance had come after a ruling on the motion for summary judgment. See Cherokee Water Co. v. Forderhause, 641 S.W.2d 522, 526 (Tex.1982) (<HOLDING>). Bradford directs this Court to several eases Options: A. holding that trial court did not abuse its discretion in severing defendants counterclaim after summary judgment was granted as to plaintiffs claim B. holding that district court should not have granted summary judgment solely on basis that a motion for summary judgment was not opposed C. holding that district court should not have granted summary judgment solely on basis that motion for summary judgment was not opposed D. holding trial court did not abuse its discretion in finding violation was willful and substantial E. holding that district court did not abuse its discretion in considering merits of state law counterclaim that formed part of the same case as federal counterclaim even though court had dismissed federal counterclaim quoting 28 usc 1367a

assistant: The best answer is A. holding that trial court did not abuse its discretion in severing defendants counterclaim after summary judgment was granted as to 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: include supporting affidavits detailing the disputed material facts. See Fed.R.Civ.P. 56(e). Given the dearth of information Plaintiff communicated to the district court in response to the Defendants’ summary judgment motion, the issue of timeliness with respect to the district court’s grant of summary judgment is not properly before this Court. Abercrombie & Fitch Stores, Inc. v. American Eagle Outfitters, Inc., 280 F.3d 619, 627-28 (6th Cir.2002) (recognizing the Court will not normally address whether there was adequate time for discovery absent the Court’s apprisal of discovery issues prior to the appellate process, except here where Plaintiff set forth identical discovery issues in a simultaneously filed opposition to a motion to stay discovery); see also Vance, 90 F.3d at 1149-50 (<HOLDING>). Plaintiffs efforts do not rise to the level Options: A. holding that plaintiffs right to argue a need for discovery prior to the entry of summary judgment was preserved since plaintiff moved to vacate summary judgment ten days later and included precisely the discovery needed and not generalized statements of necessary discovery B. holding whether judge erred in granting summary judgment because discovery requests were outstanding was not preserved when appellant did not ask for a continuance to complete discovery C. holding that the time of discovery of fraud is not a proper matter for summary judgment D. holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law E. holding that entry of summary judgment while a motion for additional discovery was pending should be construed as an implicit denial of the motion for additional discovery

assistant: The best answer is A. holding that plaintiffs right to argue a need for discovery prior to the entry of summary judgment was preserved since plaintiff moved to vacate summary judgment ten days later and included precisely the discovery needed and not generalized statements of necessary 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: further , the user acknowledge and consent that apple and apple 's subsidiaries are third-party beneficiaries of the agreement , and the apple has the right , upon your consent to the terms of this agreement , to enforce the agreement against the you as a third party beneficiary thereto .

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: Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company confirms that neither it nor any other Person acting on its behalf has provided any of the Purchasers or their agents or counsel with any information that it believes constitutes or might constitute material, non-public information which is not otherwise disclosed in the Prospectus Supplement. The Company understands and confirms that the Purchasers will rely on the foregoing representation in effecting transactions in securities of the Company. All of the disclosure furnished by or on behalf of the Company to the Purchasers regarding the Company and its Subsidiaries, their respective businesses and the transactions contemplated hereby, including the Disclosure Schedules to this Agreement, is true and correct and does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. To the Company’s Knowledge, the press releases disseminated by the Company during the twelve months preceding the date of this Agreement taken as a whole do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made and when made, not misleading. The Company acknowledges and agrees that no Purchaser makes or has made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in Section 3.2 hereof.

assistant: Disclosures
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: trial in response to the defendant’s C.R.C.P. 12(b) motion. Specifically, Robinson contends that because she framed her action in contract and it was the contract claims that were dismissed, section 13-17-201 does not warrant the grant of attorney fees to the Lottery. She relies on two court of appeals’ cases that have adopted an interpretation of section 13-17-201 that supports her argument. See Kennedy v. King Soopers Inc., 148 P.3d 385, 388 (Colo.App.2006) (noting that for the purpose of section 13-17-201, courts must rely on plaintiffs characterization of the claims in the complaint and should not consider what should or might have been pleaded); Sweeney v. United Artists Theater Circuit, Inc., 119 P.3d 538, 541 (Colo.App.2005), cert. denied, 2005 WL 2181649 (Colo. Sept.12, 2005) (<HOLDING>). We have not yet considered this issue and Options: A. holding that the plaintiffs breach of contract claim was properly a statutory claim under the personnel management act B. holding that the trial court should have dismissed the employees breach of contract claim C. holding that even though plaintiffs claim was barred by the cgia because it sounded in tort attorney fees were not appropriate where it was a contract claim that was pleaded and thus a contract claim that was dismissed D. holding that a breach of contract claim against one defendant related back to interference with contract claim against that defendant and breach of contract claim against second defendant because it was based on same set of operative facts E. holding that when a creditor files a proof of claim the bankruptcy court has core jurisdiction to determine that claim even if it was a prepetition contract claim arising under state law

assistant: The best answer is C. holding that even though plaintiffs claim was barred by the cgia because it sounded in tort attorney fees were not appropriate where it was a contract claim that was pleaded and thus a contract claim that was dismissed
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 Section and Subsection headings used herein are for convenience or reference only, are not a part of this Agreement and are not to affect the construction of, or be taken into consideration in interpreting, any provision of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any of the terms or conditions of this Agreement may be waived at any time by the party or parties entitled to the benefit thereof, but only by a writing signed by the party or parties waiving such terms or conditions. No waiver of any provision of this Agreement or of any rights or benefits arising hereunder shall be deemed to constitute or shall constitute a waiver of any other provision of this Agreement (whether or not similar), nor shall any such waiver constitute a continuing waiver, unless otherwise expressly provided in writing.

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: Borrower will, and will cause each of the other Loan Parties to, at any time upon the reasonable request of Agent, execute or deliver to Agent any and all financing statements, fixture filings, security agreements, pledges, assignments (other than intellectual property assignments), mortgages, deeds of trust, opinions of counsel, and all other documents (the “Additional Documents”) that Agent may reasonably request in form and substance reasonably satisfactory to Agent, to create, perfect, and continue perfected or to better perfect Agent’s Liens in all of the assets of Loan Parties (whether now owned or hereafter arising or acquired, tangible or intangible, real or personal) to the extent that such assets constitute Collateral, to create and perfect Liens in favor of Agent in any Real Property acquired by Borrower or any other Loan Party with a fair market value in excess of $1,000,000, and in order to fully consummate all of the transactions contemplated hereby and under the other Loan Documents; provided that the foregoing shall not apply to any Foreign Subsidiary. To the maximum extent permitted by applicable law, if Borrower or any other Loan Party refuses or fails to execute or deliver any reasonably requested Additional Documents within a reasonable period of time following the request to do so, Borrower and each other Loan Party hereby authorizes Agent to execute any such Additional Documents in the applicable Loan Party’s name and authorizes Agent to file such executed Additional Documents in any appropriate filing office. In furtherance of, and not in limitation of, the foregoing, each Loan Party shall take such actions as Agent may reasonably request from time to time to ensure that the Obligations are guaranteed by the Guarantors and are secured by substantially all of the assets of each Loan Party, including all of the outstanding capital Equity Interests of Borrower’s Subsidiaries (subject to exceptions and limitations contained in the Loan Documents with respect to Foreign Subsidiaries).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The financial statements included in each SEC Filing complied in all material respects with applicable accounting requirements and the rules and regulations of the SEC with respect thereto as in effect at the time of filing (or to the extent corrected by a subsequent restatement or amendment, at the time of such restatement or amendment) and present fairly, in all material respects, the consolidated financial position of the Company as of the dates shown and its consolidated results of operations and cash flows for the periods shown, and such financial statements have been prepared in conformity with United States generally accepted accounting principles applied on a consistent basis (“ GAAP ”) (except as may be disclosed therein or in the notes thereto, and, in the case of quarterly financial statements, as permitted by Form 10-Q under the 1934 Act).

assistant: Financial Statements
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 defendant, however, will shift the burden to the State to prove that the exercised challenges were not racially motivated. To sustain this burden, the State ... must satisfy the court that its peremptory challenges were made on grounds of specific, individual juror bias, or on grounds reasonably related to the particular case or trial ... and not solely on the ground of the juror's race. Riley I, 496 A.2d at 1013 (quotation and citation omitted). 11 . See, e.g., MacKintrush v. State, 978 S.W.2d 293, 297 (Ark.1998) (describing step three of Batson as requiring "that the trial court weigh and assess what has been presented to it to decide whether in light of all the circumstances, the proponent’s explanation is or is not pretextual”); State v. Collier, 553 So.2d 815, 821 (La.1989) (<HOLDING>) (quotation omitted). 12 . This is unlike the Options: A. holding that the plaintiffs evidence of pretext was insufficient because the plaintiff failed to present evidence that the employer did not honestly believe its proffered reasons for its action B. holding that summary judgment was appropriate where plaintiff attempted to prove pretext simply by showing that the defendant knew of her complaints and took an adverse employment action shortly thereafter and did not offer reasons as to why the legitimate reasons proffered for her discharge were pretextual C. holding that a reasonable jury could find pretext for a termination where the plaintiff stated that her work was satisfactory and there was no indication that the plaintiffs statement was either incredible or fanciful D. holding that the trial judge cannot simply rjubber stamp a prosecutors nonracial explanation no matter how whimsical or fanciful but in order to permit a questioned peremptory challenge must conclude that the proffered reasons are first neutral and reasonable and second not a pretext E. recognizing that a trial judge can implicitly find a prosecutors proffered reasons credible

assistant: The best answer is D. holding that the trial judge cannot simply rjubber stamp a prosecutors nonracial explanation no matter how whimsical or fanciful but in order to permit a questioned peremptory challenge must conclude that the proffered reasons are first neutral and reasonable and second not a pretext
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 Manager shall keep confidential any and all non-public information, written or oral, obtained by it in connection with the services rendered hereunder and shall not disclose Confidential Information, in whole or in part, to any person other than to its representatives who need to know such Confidential Information for the purpose of rendering services hereunder, except that the Manager may disclose Confidential Information: (i) to the Company, its subsidiaries and affiliates; (ii) in accordance with the Servicing Agreement; (iii) with the prior written consent of the Ajax Board of Directors; (iv) to legal counsel, accountants and other professional advisors; (v) to appraisers, creditors, financing sources, trading counterparties, other counterparties, third-party service providers to the Company, and others (in each case, both those actually doing business with the Company and those with whom the Company seeks to do business) in the ordinary course of the Company’s business; (vi) to governmental officials having jurisdiction over the Company; (vii) in connection with any governmental or regulatory filings of the Company or disclosure or presentations to Company investors; or (viii) as required by law or legal process to which the Manager or any person to whom disclosure is permitted hereunder is a party. If, failing the entry of a protective order or the receipt of a waiver hereunder, the Manager is, in the opinion of counsel, required to disclose Confidential Information, the Manager may disclose without liability hereunder only that portion of such information that its counsel advises is legally required; provided , that the Manager agrees to exercise its commercially reasonable efforts to obtain reliable assurance that confidential treatment will be accorded such information. Notwithstanding anything herein to the contrary, each of the following shall be deemed to be excluded from provisions hereof any Confidential Information that (i) is available to the public from a source other than the Manager not resulting from the Manager’s violation of this Section 15 , (ii) is released in writing by the Company to the public or to persons who are not under similar obligation of confidentiality to the Company or (iii) is obtained by the Manager from a third-party without breach by such third-party of an obligation of confidence with respect to the Confidential Information disclosed. The Manager agrees to inform each of its officers, employees and agents of the nonpublic nature of the Confidential Information and to direct such persons to treat such Confidential Information in accordance with the terms hereof. The provisions of this Section 15 shall survive the expiration or earlier termination of this Agreement for a period of one year.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Gregory filed an objection to the Colony UCC sale. (Gregory Dep. at 78-83; JX 156 at Ex. B.) Colony then filed suit in New York seeking a declaration that its UCC notice was commercially reasonable and that the actions of Gramercy in replacing the directors was improper. It obtained an ex parte TRO which was subsequently vacated. (JX 133; JX 156 at ¶ 26.) The action remains pending. Colony’s UCC auction was scheduled for October 19, 2011. On October 18, 2011, at 11:00 pm, Mezz II filed a voluntary petition under chapter 11 of the Bankruptcy Code. (D.I. # 1.) That filing was followed by the filing of chapter 11 petitions by Mezz I and the Operating Companies on October 25 and 26, 2011, respectively. (D.I. # 38 at ¶ 4.) Shortly after Mezz II filed its petition, Colony fil ir.1999) (<HOLDING>). The Third Circuit has adopted a “totality of Options: A. holding that the good faith analysis for evaluating a chapter 11 petition and that in evaluating a chapter 11 plan are distinct B. holding title company liable for bad faith C. holding that the filing of a chapter 11 merely to avoid the consequences of antitrust litigation while the company was otherwise financially stable did not meet the requirement of a valid reorganizational purpose and consequently the petition was not filed in good faith D. holding that chapter 11 case filed by financially healthy company solely to gain a tactical advantage in litigation was in bad faith E. holding in a case where a chapter 11 trustee was appointed after a period during which the debt or had operated as debtor in possession that a chapter 11 trustee has two years from the date of his appointment not from the commencement of the chapter 11 case to bring avoidance actions

assistant: The best answer is D. holding that chapter 11 case filed by financially healthy company solely to gain a tactical advantage in litigation was in bad faith
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 have any complaints or objections to material or content including user messages posted on this website , or if you believe that material or content posted on this website infringes a copyright that you hold , please contact us immediately by following our notice and takedown procedure .

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: does raise an issue on the merits of plaintiff's tort claim — i.e. whether defendants’ advice to plaintiff regarding patent invalidity and non-infringement was tortiously negligent. The evidence of record, viewed in the light most favorable to plaintiff, shows that Goldhammer failed fully to inform Sherman’s officers of the risks of suing Proto-Vest, and of available alternative courses of action. 8 . See Garcia v. Community Legal Services Corporation, 362 Pa.Super. 484, 524 A.2d 980 (1987). Judge Cirillo in Garcia stated in dictum that he was not called upon to resolve the open question of Pennsylvania law whether the statute of limitations ran from the time of the decision at trial or was tolled pending the decision on appeal. But see Bowman v. Abramson, 545 F.Supp. 227 (1982) (<HOLDING>). 9 . Judge O’Neill specified in Lactaid that Options: A. holding that plaintiffs legal malpractice claim was not ripe until the appeal had been exhausted because plaintiffs harm remained speculative until then B. holding that the threat of injury was not speculative because the plaintiffs had been previously charged under the challenged statute C. 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 D. holding that plaintiffs could not sue attorneys for legal malpractice so long as underlying medical malpractice action out of which legal malpractice claim arose was still pending on appeal E. holding that cause of action for malpractice did not arise until the tax deficiency was assessed because prior to assessment the plaintiff had not been injured

assistant: The best answer is A. holding that plaintiffs legal malpractice claim was not ripe until the appeal had been exhausted because plaintiffs harm remained speculative until then