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: Not later than 12:00 noon (Pacific time) on the applicable Borrowing Date, the Swing Line Lender shall make available the Swing Line Loan, in funds immediately available, to the Administrative Agent at its address specified pursuant to ARTICLE XIII. The Administrative Agent will promptly make the funds so received from the Swing Line Lender available to the Borrower on the Borrowing Date at the Administrative Agent’s aforesaid address. Each time that a Swing Line Loan is made by the Swing Line Lender pursuant to this Section 2.4(c), the Swing Line Lender shall be deemed, without further action by any party hereto, to have unconditionally and irrevocably sold to each Lender and each Lender shall be deemed, without further action by any party hereto, to have unconditionally and irrevocably purchased from the Swing Line Lender, a participation in such Swing Line Loan in proportion to its Pro Rata Share.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: section 15 ( i ) says what happens if parts of section 15 ( arbitration and class action waiver ) are found to be illegal or unenforceable .

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: at trial failed to sufficiently establish. Though the Commonwealth did not object to Appellant’s defective 1925(b) statement on this issue, the trial court indicated in its Opinion that Appellant’s failure to list any reasons he believes that the evidence was insufficient to sustain the charges created a situation in which this issue is too ambiguous to be effectively reviewed by the trial court and should be dismissed. Trial Court Opinion, filed June 26, 2007, at 7. As such, in light of Flores, supra, we find Appellant has waived this issue. ¶ 12 In his fourth issue, Appellant claims the trial court erred in admitting into evidence a detective’s reading of a statement made by Dante Moore that had already been entered into evidence, because the second reading was both cumul per.1997) (<HOLDING>). ¶ 14 Appellant’s second, third, and fifth Options: A. holding that an appellate brief is deficient per the missouri rules of court where it fails to cite authority for an argument or fails to specify why such a citation is unavailable B. holding that an appellant waived a claim where he failed to cite any legal authority in support of an argument in his appellate brief C. holding waiver results if an appellant fails to properly develop an issue or cite to legal authority to support his contention in his appellate brief D. holding that plaintiff failed to adequately brief an issue where he failed to cite any legal authority for the proposition E. holding that an issue is waived where the defendant failed to develop an argument in his appellate brief and cited no authority

assistant: The best answer is C. holding waiver results if an appellant fails to properly develop an issue or cite to legal authority to support his contention in his appellate brief
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: Seller acknowledges that Griffin Assignee is an entity that is an affiliate of a Real Estate Investment Trust (“REIT”) and that, as such, it may be subject to certain filing and reporting requirements in accordance with federal laws and regulations, including but not limited to, regulations promulgated by the Securities and Exchange Commission. Accordingly, and notwithstanding any provision of the Agreement or the provisions of any other existing agreement between the parties hereto to the contrary, (including the terms of Section 20.17 of the Agreement) Buyer may publicly file, disclose, report or publish any and all information related to this transaction that may be reasonably interpreted as being required by federal law or regulation.

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 legal provision and list the applicable contract clause categories. Provision: Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or to secure other obligations required to be secured pursuant to this Agreement shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi) )) or (ii) the determination by the Administrative Agent and the L/C Issuers that there exists excess Cash Collateral; provided , however , (x) that Cash Collateral furnished by or on behalf of the Borrowers (including any interest thereon) shall not be released during the continuance of a Default or an Event of Default (and following application as provided in this Section 2.15 may be otherwise applied in accordance with Section 8.03 during the continuance of an Event of Default) and (y) the Person providing Cash Collateral and the L/C Issuers may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: juvenile probation. Based upon this record, the district court did not abuse its discretion in finding that appellant failed to prove by clear and convincing evidence that the punishment and programming available in the juvenile justice system is adequate to overcome the presumption of certification. While the testimony of the evaluators focused upon the rehabilitation of appellant through juvenile programming in EJJ, none of the evaluators were able to address the issue of public safety should such programming fail and such failure becomes evident after appellant is released from probation at age 21. Yet, all agreed that if appellant continues with his long-time association with the gang upon his discharge from probation, he would be extremely dangerous. See P.C.T., 823 N.W.2d at 686 (<HOLDING>). In upholding the district court’s Options: A. holding that where failure at rehabilitation will create an extreme risk to public safety the heavier weight given by the statute to the first and third factors evidences our legislatures recognition that the risk is too great to justify an attempt to modify this offenders behavior in the juvenile system B. holding that the risk of convicting an innocent accused is too great when the evidence is entirely based on hearsay C. holding that an individual is not qualified for a job if there is a genuine substantial risk that he could be injured or could injure others and the employer cannot modify the job to eliminate that risk D. holding that a challenge to the weight of the evidence is waived for failure to present the issue first to the trial court E. holding that regardless of the risk of discriminatory enforcement a court may not hold that this risk invalidates the statute in a preenforcement facial attack

assistant: The best answer is A. holding that where failure at rehabilitation will create an extreme risk to public safety the heavier weight given by the statute to the first and third factors evidences our legislatures recognition that the risk is too great to justify an attempt to modify this offenders behavior in the juvenile system
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: must be regarded as complete until the time the petition for review is denied. Florida Star at 289. “Moreover, the denial of review ... did not operate to deprive this Court of its subject-matter jurisdiction retroactively, but merely constituted the point in time at which jurisdiction, for whatever reason, had ended.” Id. at 289. Because of the nature of our opinion in Mullins’ direct appeal (a PCA with citation to a case pending supreme court review), the Florida Supreme Court had subject-matter jurisdiction and Mullins could appropriately petition the court to exercise its discretionary jurisdiction. While the Florida Su s not whether the court has subject matter jurisdiction, which it does, but whether it chooses to exercise it. Cf. Jollie v. State, 405 So.2d 418 (Fla.1981) (<HOLDING>); Harrison v. Hyster, Co., 502 So.2d 100 (Fla. Options: A. holding that a district court of appeal opinion which cites as controlling authority a decision that is either pending review in or has been reversed by the court constitutes prima facie express conflict and allows the court to exercise its discretionary jurisdiction B. holding that a circuit court has no jurisdiction to review a district courts discretionary decision not to depart downward from the guidelines but would have jurisdiction if the district court based its decision on the belief that it did not have the authority to depart C. holding that district court opinion which cites controlling authority that is pending review in florida supreme court allows supreme court to exercise jurisdiction D. holding that the court does not have jurisdiction to review per curiam decisions of the district courts of appeal that merely affirm with citations to cases not pending review in this court E. holding that a district court decision rendered without opinion or citation constitutes a decision from the highest state court empowered to hear the cause

assistant: The best answer is A. holding that a district court of appeal opinion which cites as controlling authority a decision that is either pending review in or has been reversed by the court constitutes prima facie express conflict and allows the court to exercise its discretionary 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: by providing microsoft with a payment method , you ( i ) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate ; ( ii ) authorize microsoft to charge you for the services or available content using your payment method ; and ( iii ) authorize microsoft to charge you for any paid feature of the services that you choose to sign up for or use while these terms are in force .

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: Notices and all other communications contemplated by this Agreement shall be in writing and shall be deemed to have been duly given when personally delivered or when mailed by U.S. registered or certified mail, return receipt requested and postage prepaid. In the case of the Employee, mailed notices shall be addressed to him at the home address which he most recently communicated to the Company in writing. In the case of the Company, mailed notices shall be addressed to its corporate headquarters, and all notices shall be directed to the attention of its General Counsel.

assistant: General
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: conduct. By contrast, when an accused in-fringer’s post-filing conduct is reckless, a patentee can move for a preliminary injunction, which generally provides an adequate remedy for combating post-filing willful infringement. A patentee who does not attempt to stop an accused infringer’s activities in this manner should not be allowed to accrue enhanced damages based solely on the in-fringer’s post-filing conduct. Similarly, if a patentee attempts to secure injunc-tive relief but fails, it is likely the infringement did not rise to the level of recklessness. Seagate, 497 F.3d at 1374(citations omitted). Robocast did not move for a preliminary injunction. Apple’s defenses are reasonable. See Spine Solutions, Inc. v. Medtronic Sofamor Danek USA, Inc., 620 F.3d 1305, 1319 (Fed.Cir.2010) (<HOLDING>). Allowing a finding of willfulness based on Options: A. holding that the prejudice prong of strickland was not met in a claim of ineffective assistance of counsel for failing to object to the prosecutors misstatement of law where the trial court properly instructed the jury B. holding that objective prong is generally not met where an accused infringer relies on a reasonable defense to a charge of infringement C. holding that the objective prong of willfulness was not met where a defendants defenses were reasonable D. holding stricklands prejudice prong was not met because of overwhelming evidence of guilt E. holding that the objective prong for willful infringement is generally not met where an accused infringer relies on a reasonable defense to a charge of infringement

assistant: The best answer is C. holding that the objective prong of willfulness was not met where a defendants defenses were reasonable
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 Payee] will not take or omit to take any action or assert any claim with respect to the Subordinated Debt or otherwise which is inconsistent with the provisions of this Section [___] . Without limiting the foregoing, [the Payee] will not assert, collect or enforce the Subordinated Debt or any part thereof or take any action to foreclose or realize upon the Subordinated Debt or any part thereof or enforce any of the Subordinated Documents except (i) in each such case as necessary, so long as no default or event of default has occurred and is then continuing under the terms and provisions of any Senior Debt or would occur after giving effect thereto, to collect any sums expressly permitted to be paid by [the Maker] pursuant to Section [__](a) above or (ii) to the extent (but only to such extent) that the commencement of a legal action may be required to toll the running of any applicable statute of limitations. Until the Senior Debt has been finally paid in full in cash, [the Payee] shall not have any right of subrogation, reimbursement, restitution, contribution or indemnity whatsoever from any assets of [the Maker] or any guarantor of or provider of collateral security for any Senior Debt. [The Payee] further waives any and all rights with respect to marshalling.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term and for a period of five (5) years thereafter, Adient shall, upon the request of Johnson Controls, use commercially reasonable efforts to provide, at Johnson Controls’ expense and without undue delay, evidence of use of the Johnson Controls Marks, in Adient’s possession that may be reasonably required to support the maintenance or renewal of relevant trademark registrations and/or defend Johnson Controls Marks against challenges for lack of use ( e.g. , copies of sales and marketing material, customer invoices and shipping documents); provided , that if Adient no longer desires to store such materials for a product line after the Term, it may notify Johnson Controls of the same and deliver (at Johnson Controls’ cost) electronic media samples of such materials to Johnson Controls and upon acknowledgment by Johnson Controls of receipt of such materials, and the obligations of this Section 3.5 for this product line shall cease thereafter.

assistant: Cooperation
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 constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral, written and implied, between the parties hereto with respect to the subject matter hereof; provided , however , that this Agreement is a supplement to and in furtherance of the Constituent Documents, any employment agreement between Indemnitee and the Corporation or any of its subsidiaries and applicable law, and shall not be deemed a substitute therefor, nor to diminish or abrogate any rights of Indemnitee thereunder.

assistant: Integration
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 disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one (1) arbitrator appointed in accordance with the said Rules. The arbitrator may grant injunctive or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the Parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The Parties agree that, any provision of applicable law notwithstanding, they will not request and the arbitrator shall have no authority to award, punitive or exemplary damages against either Party. The costs of the arbitration, including administrative and arbitrator’s fees, as well as the other Party’s reasonable attorneys’ fees and expert witness fees shall be borne by the losing Party. Nothing in this Section 10.1 shall preclude either Party from seeking interim or provisional relief in the form of a temporary restraining order, preliminary injunction, or other interim relief concerning a dispute prior to or during an arbitration pursuant to this Section 11.1 necessary to protect the interests of such Party. If the arbitration is initiated by Supplier, the place of arbitration shall be Boston, MA, USA, and if the arbitration is initiated by Purchaser, the place of the arbitration shall be Stockholm, Sweden. The arbitration proceedings shall be conducted in English.

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: Regarding Third Parties . Each Party shall release, protect, defend, indemnify and hold the other Party harmless against any Loss by a Third Party that is not a member of the Producer Group or Gatherer Group, to the extent such Loss (a) is caused by the negligence or willful misconduct of said indemnifying Party or such Party’s Group, or (b) in the case of Producer as indemnifying Party, results from claims by a Third Party of title, rights, or encumbrances in or to Product delivered by Producer to a Receipt Point.

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 legal provision and list the applicable contract clause categories. Provision: I n consideration of the payments and benefits to which you are entitled under the Employment Agreement, dated as of July 26, 2017 , to which you and ServiceMaster Global Holdings, Inc. (the “ Company ” ) are parties (the “ Employment Agreement ” ), you hereby waive and release and forever discharge the Company and its respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in his, her or its capacity as such, and each of them, separately and collectively (collectively, “ Releasees ” ), from any and all existing claims, charges, complaints, liens, demands, causes of action, obligations, damages and liabilities, known or unknown, suspected or unsuspected, whether or not mature or ripe, that you ever had and now have against any Releasee including, but not limited to, claims and causes of action arising out of or in any way related to your employment with or separation from the Company, to any services performed for the Company, to any status, term or condition in such employment, or to any physical or mental harm or distress from such employment or non-employment or claim to any hire, rehire or future employment of any kind by the Company, all to the extent allowed by applicable law . T his release of claims includes, but is not limited to, claims based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys ’ fees or claims under federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act ( “ WARN ” ), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Sarbanes-Oxley Act of 2002 . You understand that this release of claims includes a release of all known and unknown claims through the date on which this release of claims becomes irrevocable (the “ Effective Date ”). However, nothing in this Agreement prevents you from making any reports to or receiving any awards from the SEC or OSHA based upon the your reporting of violations of laws or regulations containing whistleblower provisions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each vested Restricted Stock Unit will entitle the Participant to receive one share of Stock. Subject to Section 6 , shares of Stock with respect to Restricted Stock Units that become vested pursuant to Section 3a(i) will be issued to the Participant in payment of the Award during the 60-day period immediately following the conclusion of the Restricted Period, and shares of Stock with respect to Restricted Stock Units that become vested due to a Change in Control pursuant to Section 3a(ii) will be issued to the Participant in payment of the Award during the 60-day period immediately following the date of the Change in Control. At no other time prior to the end of the Restricted Period will any Stock be issued for Restricted Stock Units pursuant to the Award. The Company will issue a like number of shares of its Stock to the Participant, and the Participant will own such shares of Stock free of all restrictions described herein. The Participant will not have the right to designate the taxable year of payment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: informant’s testimony. For the same reasons stated in the third issue, we do not find the corroborating evidence so unconvincing that it renders the State’s overall case clearly and significantly less persuasive. See id. We overrule Appellant’s second issue. Conclusion We affirm the judgment of the trial court. 1 . See Tex. Health & Safety Code Ann. §§ 481.126(a)(3), .102(3)(D), .115(a), (0 (Vernon 2010). 2 . Appellant admitted that his voice was on the recording, but he denied that the recording was from inside the Burger King. Instead, he claimed it was a recording of a telephone conversation. Viewing the record in the light most favorable to the verdict, we must conclude that the recording took place inside the Burger King. See Brown v. State, 270 S.W.3d 564, 567 (Tex.Crim.App.2008) Options: A. holding that the evidence is viewed in the light most favorable to the nonmoving party and all doubts are resolved against the moving party B. holding that we view the evidence in the light most favorable to the prevailing party C. holding that in ruling on a summaryjudgment motion record evidence must be viewed in a light most favorable to nonmovant D. holding that when reviewing a challenge to the sufficiency of the evidence all evidence is viewed in the light most favorable to the government E. holding record is viewed in light most favorable to verdict

assistant: The best answer is E. holding record is viewed in light most favorable to verdict
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 automatically terminate without further action upon the earliest to occur (the “ Expiration Date ”) of ( i ) the Effective Time, ( ii ) the termination of the Merger Agreement in accordance with its terms, ( iii ) the effectiveness of any amendment to the Merger Agreement that is not expressly contemplated by the stockholder written consent delivered by the Stockholder to Parent concurrently with the execution of the Merger Agreement, and ( iv ) the written agreement of the Stockholder, Parent and the Company to terminate this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, including Exhibit A, constitutes the full and entire understanding and agreement of the parties with regard to the subjects hereof and supersedes in its entirety all other or prior or contemporaneous agreements, whether oral or written, with respect thereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: family situation. The federal courts are not well suited to this task. They are not local institutions, they do not have staffs of social workers, and there is too little commonality between family law adjudication and the normal responsibilities of federal judges to give them the experience they would need to be able to resolve domestic disputes with skill and sensitivity. 694 F.2d at 492. 4 . In various unpublished cases, we have continued to limit the domestic-relations exception to “cases involving the issuance of a divorce, alimony, or child custody decree,” Ankenbrandt, 504 U.S. at 704, 112 S.Ct. 2206, and cases seeking to modify or interpret a divorce, alimony, or child custody decree. See, e.g., Abdallah v. Abdallah, No. 98-1551, 1999 WL 331631, at *1 (6th Cir. May 13, 1999) (<HOLDING>); Chambers v. Michigan, 473 Fed.Appx. 477, Options: A. holding that the domesticrelations exception prevented the plaintiff from challenging in federal court the constitutionality of the statecourt judges decision to consider certain assets and property when calculating the plaintiffs husbands income for the purposes of determining alimony payments because the plaintiff ultimately wanted this court to enjoin the state court from using property to determine the amount of alimony owed B. holding that fraud creates an exception to the rule C. holding that a plaintiff cannot avoid the securities fraud exception by pleading mail fraud or wire fraud if the conduct giving rise to those offenses also amounts to securities fraud D. holding that under the pre1986 jurisdictional limitation a claim by the state which discovered the fraud investigated the fraud disclosed the fraud to the federal government and which was the original source of the information was jurisdictionally barred E. holding that the domesticrelations exception barred federal adjudication of a statelaw fraud action because the plaintiff essentially sought a modification of the process in the divorce decree relating to distribution

assistant: The best answer is E. holding that the domesticrelations exception barred federal adjudication of a statelaw fraud action because the plaintiff essentially sought a modification of the process in the divorce decree relating to distribution
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 headings, captions, and arrangements used in any of the Loan Documents are, unless specified otherwise, for convenience only and shall not be deemed to limit, amplify, or modify the terms of the Loan Documents nor to affect the meaning thereof.

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 case excerpt and choose the best holding from the options. Case excerpt: CURIAM. Affirmed. See Williams v. State, 919 So.2d 645, 646 (Fla. 4th DCA 2006) (<HOLDING>). SAWAYA, ORFINGER and LAWSON, JJ., Options: A. holding that defendants waived any challenge to the trial courts failure to hold an evidentiary hearing B. holding that a trial courts failure to hold a sheppard hearing may be considered harmless if the allegations in the rule 3170z motion are conclusively refuted by the record C. holding that where the coercion alleged to enter a plea is legally insufficient or conclusively refuted by the record there is no need to hold an evidentiary hearing or appoint conflictfree counsel D. holding that there is no need for an evidentiary hearing when the petitioners habeas submissions demonstrate that the petitioner is conclusively entitled to relief in such circumstances an evidentiary hearing would be a waste of judicial resources E. holding that a postconviction claim that is refuted by the record is without merit

assistant: The best answer is C. holding that where the coercion alleged to enter a plea is legally insufficient or conclusively refuted by the record there is no need to hold an evidentiary hearing or appoint conflictfree counsel
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: case in Mitchell. < See id. As in Mitchell,: considering the deed as a whole, the parties clearly intended that the mineral rights in the land be reserved to the grantors. Id. at 274, 243 P.2d at 415; see also Gibson v. Pickett, 256 Ark. 1035, 512 S.W.2d 532, 537-88 (1974) (giving effect to a mineral reservation within a deed's habendum clause even though the deed failed to mention the reservation in its granting clause); Jones v. Am. Ass'n, 120 Ky. 413, 86 S.W. 1111, 1112 (1905) ("[Rleservations or exceptions are enforced, although contained in the habendum clause of the deed, as fully as if set out in the granting clause, when on the whole instrument the intention of the parties is sufficient ly expressed to be enforced."); Price v. Johnson, 78 N.M. 123, 428 P.2d 978, 980-81 (1967) (<HOLDING>). T23 Based on Mitchell and other authorities Options: A. holding that claim construction is an issue of law for the court not a question of fact for the jury B. recognizing that a clause in an insurance policy was susceptible to a construction in favor of the insured but that such a construction would be unreasonable absurd and produce results never intended or contemplated by the parties C. holding that an insurance contract should be construed as a reasonable person in the position of the insured would have understood it and that if the language used in the policy is reasonably susceptible to different constructions it must be given the construction most favorable to the insured D. holding that we view the evidence in the light most favorable to the prevailing party E. recognizing that where a deed is susceptible to alternative construction the construction most favorable to the grantee will be adopted but still finding that in light of the modern rule the reservation in the habendum at issue was not void for repugnancy

assistant: The best answer is E. recognizing that where a deed is susceptible to alternative construction the construction most favorable to the grantee will be adopted but still finding that in light of the modern rule the reservation in the habendum at issue was not void for repugnancy
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: omitted). “The purpose of an action for reformation is to change a written instrument by inserting some omitted provision or deleting some existing provision so that the document conforms to the original agreement of the parties.” 66 Am. Jur. 2d Reformation of Instruments § 5, at 253 (footnote omitted). “In order to support reformation, the evidence must show that the instrument is not the true expression of the agreement.” Gagnon, 97 N.H. at 64 (quotation omitted). Generally, “to be entitled to the reformation of a deed, one must be a party to the deed or in privity with a party to the deed.” 66 Am. Jur. 2d Reformation of Instruments § 59, at 304; see id. § 60 (entitled “Persons in privity with original parties to instruments”); Bourne v. Lajoie, 540 A.2d 359, 361 (Vt. 1987) (<HOLDING>). The nature of an action to reform a deed is, Options: A. holding merger by deed prohibits reformation when one of the parties learns of a mistake before closing and still signs the deed B. recognizing that the right to seek reformation of a deed is limited to the original parties to the deed and their successors in title C. holding that a beneficiary under a deed of trust was entitled to reformation of the grantors deed D. holding in part that party seeking reformation of deed must show the original intent or agreement of parties by clear and convincing evidence E. holding that sellers agreement to furnish title policy was a separate agreement not superseded by the deed and properly not included in the deed

assistant: The best answer is B. recognizing that the right to seek reformation of a deed is limited to the original parties to the deed and their successors in title
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: some tension among the different circuits as to the interaction between sections 107 and 113.” United States v. Hunter, 70 F.Supp.2d 1100, 1103 n. 4 (C.D.Cal.1999). For example, courts are split on the question of who may bring a CERCLA § 107 cost-recovery action, and more specifically, whether a PRP is entitled to bring a CERCLA § 107 cost-recovery action. We have held that a private PRP who incurs response costs may not bring a cost-recovery action under CERCLA § 107, and instead may only bring a claim for contribution under CERCLA § 113(f). Pinal Creek, 118 F.3d at 1301. We have not yet considered, however, whether a government PRP such as a municipality that similarly incurs response costs may bring a cost-recovery action under CERCLA § 107. Compare Hunter, 70 F.Supp.2d at 1108 (<HOLDING>), with City of Fresno, 1995 WL 641983, at **2-5 Options: A. holding that joint and several liability for entire actual loss could have been imposed on each fraud defendant as condition of probation B. recognizing that joint and several liability of 107 seems unfair but the solution is found in apportionment and contribution C. holding that where none of the events for accrual of a 113f1 contribution claim can arise because a prp has incurred response costs based on its agreement to remediate in accordance with a state agencys administrative order the relevant period of limitations and accrual is provided in 113g2 the court found that under such circumstances the contribution action becomes the initial action for cost recovery under cercla 107 thus bringing such action within 113g2 applicable to initial actions for recovery of the costs referred to in 107 D. holding that the government prp may bring a costrecovery action pursuant to cercla 107 thereby imposing joint and several liability on the defendant prp E. holding that a statute imposing joint and several liability on a vehicle owner for a minors conduct while driving the vehicle with permission imputed financial liability rather than fault to the vehicles owner

assistant: The best answer is D. holding that the government prp may bring a costrecovery action pursuant to cercla 107 thereby imposing joint and several liability on the defendant prp
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 communications and notices hereunder shall be in writing and given as provided in Section 8.8 of the ABL Intercreditor Agreement. All communications and notices hereunder to the New Grantor shall be given to it at the address set forth under its signature hereto, which information supplements Section 8.8 of the Intercreditor Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any communication or notice required or permitted to be given hereunder shall be in writing, and, if to the Company, to its principal place of business, attention: Secretary, and, if to the Grantee, to the address appearing on the records of the Company. Such communication or notice shall be delivered personally or sent by certified, registered, or express mail, postage prepaid, return receipt requested, or by a reputable overnight delivery service. Any such notice shall be deemed given when received by the intended recipient.

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 case excerpt and choose the best holding from the options. Case excerpt: further acknowledges that compliance with § 15-1-36(15) is mandatory for actions brought in Mississippi state courts so that noncompliance with the notice requirement will result in dismissal of the action. See Arceo v. Tolliver, 2006 WL 3317036 (Miss.2006) (reversing trial court’s order abating rather than dismissing action for failure to give statutory notice, and declaring that failure to give notice warrants dismissal of the action) (citing Pitalo v. GPCH-GP, Inc., 933 So.2d 927 (Miss.2006)). Plaintiff contends, however, that the requirement of giving pre-suit notice to the health care defendants is procedural, rather than substantive, and therefore is not applicable in a diversity action in federal court, see Erie R.R. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938) (<HOLDING>), and further that the statute’s notice Options: A. holding that federal courts presiding over causes of action created by state law should apply state substantive law but federal procedural law B. holding that federal courts must apply state substantive law in diversity cases C. holding that federal courts should apply state substantive law D. holding that in diversity cases federal courts are to apply state substantive law and federal procedural law E. holding that a federal court in diversity jurisdiction must apply state substantive law

assistant: The best answer is A. holding that federal courts presiding over causes of action created by state law should apply state substantive law but federal procedural law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by the custodial parent with the noncustodial parent’s visitation rights does not justify a modification of a child custody order. See, e.g., Woncik v. Woncik, 82 N.C. App. 244, 248, 346 S.E.2d 277, 279 (1986). In the instant case, however, the trial court’s findings of fact reflected far more than the mere interference with defendant’s visitation rights, warranting the court’s intervention. As noted supra, the trial court characterized the child’s relationship with defendant, his father, as a good relationship and further found that the child looked forward to seeing defendant. The trial court’s findings indicate that the denial of defendant’s visitation was deceitful and more than simply an interference or frustration with his rights, as it encompassed a considerable period. See id. (<HOLDING>). Furthermore, denying the minor child Options: A. holding that parent has custodial right to prevent visitation with nonparent B. holding interference with visitation of the noncustodial parent that negatively impacts the welfare of the child can constitute a substantial change of circumstances sufficient to warrant a change of custody C. holding that the domicile of the child follows that of the parent with lawful custody D. holding that psychological parent was not entitled to custody or visitation E. holding that where interference with visitation becomes so pervasive as to harm the childs close relationship with the noncustodial parent there can be a conclusion drawn that the actions of the custodial parent show a disregard for the best interests of the child warranting a change of custody

assistant: The best answer is E. holding that where interference with visitation becomes so pervasive as to harm the childs close relationship with the noncustodial parent there can be a conclusion drawn that the actions of the custodial parent show a disregard for the best interests of the child warranting a change of custody
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: than the offense level calculation under § 2D1.1. See Moore, 541 F.3d at 1327. Lewis is therefore precluded from receiving a reduction in his sentence, and we affirm the district court’s denial of his § 3582 motion on this issue. See U.S.S.G. § lB1.10(a)(2)(B). Moreover, to the extent that Lewis raises an Equal Protection claim regarding the application of Amendment 706, jurisdiction to resentence a defendant is limited to certain motions by the Bureau of Prisons, a Rule 35 motion by the government, or a Guidelines amendment that lowers the sentencing range of the defendant. 18 U.S.C. § 3582(c). Because an alleged Equal Protection violation is none of those, § 3582 is not an appropriate vehicle for raising such a challenge. See United States v. Bravo, 203 F.3d 778, 782 (11th Cir.2000) (<HOLDING>). Accordingly, we affirm the district court. Options: A. holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration B. holding that where it was clear that the court of appeals had limited the issues on resentencing to the one issue raised in the defendants first appeal the district court did not err in declining to consider other issues raised by the defendant on remand C. holding that the district court properly declined to consider an eighth amendment argument because section 3582c does not grant jurisdiction to consider extraneous resentencing issues D. holding this court does not consider issues not supported by propositions of law authority or argument E. holding that resentencing should consider all sentencing arguments and remanding for court to consider defendants argument for downward departure based on postconviction rehabilitation

assistant: The best answer is C. holding that the district court properly declined to consider an eighth amendment argument because section 3582c does not grant jurisdiction to consider extraneous resentencing issues
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: If any provision, including any phrase, sentence, clause, section or subsection, of this Agreement is invalid, inoperative or unenforceable for any reason, such circumstances shall not have the effect of rendering such provision in question invalid, inoperative or unenforceable in any other case or circumstance, or of rendering any other provision herein contained invalid, inoperative, or unenforceable to any extent whatsoever.

assistant: Severability