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: Novatel Wireless, Inc, v. Franklin Wireless Corp., No. 10CV2530-CAB (JMA), 2012 WL 12845615, -at *3 (S.D. Cal. July 19, 2012). Accordingly, the Court finds Plaintiff has made a prim a facie showing of induced infringement. Second, the Court finds Plaintiff has made a prima facie showing of contributory infringement. Like induced infringement, the sale of the accused products in this district by third-party retailers in conjunction with Defendant’s inclusion of its instructions that nearly parallel Plaintiffs method claims form a prima facie basis of direct infringement in the contributory infringement context. See Cascades Computer Innovation, LLC vr Samsung Elecs. Co., 77 F.Supp.3d 756, 767 (N.D. Ill. 2015); see also Cugley v. Bundy Incubator. Co., 93 F.2d 932, 935 (6th Cir. 1937) (<HOLDING>). Moreover, Plaintiffs June 30, 2016 cease and Options: A. holding that a corporation that sold device with instructions that patented method be employed in its use was guilty of contributory infringement B. holding that the actual amount of capital employed in the state by a foreign corporation was to be based on the property of the corporation that was within the state and that was used in business transacted within the state C. holding that the use of a corset spring device was public although the use was by its nature not visible to the general public D. holding in light of knotts that lower court did not abuse its discretion in cutting short testimony about use of gps device appellant did not cite knotts in his briefs or affirmatively argue use of device was a search E. holding that claims of corporation vest in corporation

assistant: The best answer is A. holding that a corporation that sold device with instructions that patented method be employed in its use was guilty of contributory infringement
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 person executing this Facilities Lease on behalf of Lessee personally warrants and represents unto Lessor that (a) (if applicable) Lessee is a duly organized and existing legal entity, in good standing in the State of Texas (b) Lessee has full right and authority to execute, deliver and perform this Facilities Lease, (c) the person executing this Facilities Lease on behalf of Lessee was authorized to do so and (d) upon request of Lessor, such person will deliver to Lessor satisfactory evidence of his or her authority to execute this Facilities Lease on behalf of Lessee.

assistant: Authority
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: Javairia Ahmed, and Romana Ahmed, natives and citizens of Pakistan, seek review of the February 26, 2010, order of the BIA denying cancellation of removal and Petitioners’ motion to remand in order to apply for asylum, withholding of removal, and relief under the Convention Against Torture. In re Syed Iqb meds’ challenge to the BIA’s denial of their motion to remand, which we review for abuse of discretion. Li Yong Cao v. Dep’t of Justice, 421 F.3d 149, 151, 156 (2d Cir.2005). The BIA did not abuse its discretion in denying the Ahmeds’ motion based on their failure to provide sufficient evidence establishing their prima facie eligibility for relief. See Jian Hui Shao v. Mukasey, 546 F.3d 138, 168 (2d Cir.2008); INS v. Abudu, 485 U.S. 94, 104-05, 108 S.Ct. 904, 99 L.Ed.2d 90 (1988) (<HOLDING>). While the Ahmeds argued that they feared harm Options: A. holding that the bia may deny a motion to reopen on the ground that the movant has not established prima facie eligibility for the underlying relief sought B. recognizing that failure to offer evidence establishing a prima facie case for the underlying substantive relief sought is a proper ground for denying a motion to reopen C. holding that the bia may deny a motion to reopen based on its finding that the movant has not established his prima facie eligibility for relief D. holding that a movants failure to establish a prima facie case for the underlying substantive relief is a proper ground for the bia to deny a motion to reopen E. recognizing that failure to offer new previously unavailable evidence establishing a prima facie case for the underlying relief sought is a proper ground on which the bia may deny a motion to reopen

assistant: The best answer is D. holding that a movants failure to establish a prima facie case for the underlying substantive relief is a proper ground for the bia to deny a motion to reopen
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: collective bargaining agreement that defines the benefit in specific dollar amounts rather than a percentage. See Teamsters Union Local 340 v. City of Augusta, M.L.R.B. No. 93-28 at 24-26 (Jan. 13, 1994). [¶ 19] Here, the health insurance premium contribution for retired employees was set at 100% by the contract. That retiree benefit, established by the collective bargaining agreement as a future benefit for current employees, cannot be reduced by the City, here to 0%, without constituting a unilateral modification. In other words, to preserve the status quo, an employee whose status changed from active to retired would be entitled to receive benefits in place for retirees as set forth in the expired agreement. Cf. Appeal of Town of Rye, 140 N.H. 323, 666 A.2d 948, 950, 952-53 (1995) (<HOLDING>); Appeal of Alton Sch. Dist., 140 N.H. 303, 666 Options: A. holding that interpretation of a constitutional provision begins with examination of the provisions explicit language and that a court must endeavor to construe the provision in a manner consistent with the intent of the framers and voters B. holding that unlike stepincrease provisions a provision for the buyback of accumulated sick leave upon leaving employment must be maintained during the status quo period C. holding in the context of the 90day period during which a plaintiff must bring suit after receiving a right to sue letter that in the absence of a recognized equitable consideration the court cannot extend the limitations period by even one day D. holding that the hearing provisions of the ina supersede the provisions of the apa E. holding that the court can only consider evidence of other acts of harassment of which a plaintiff becomes aware during the period of his or her employment

assistant: The best answer is B. holding that unlike stepincrease provisions a provision for the buyback of accumulated sick leave upon leaving employment must be maintained during the status quo period
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: ( 10 ) comprised of gibberish ( e.g. , `` asdfasdf '' , `` jjxccm '' , `` hvlldrm '' ) ;

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: During the Employment Period through September 11, 2017, the Company shall pay the Employee a base salary at the rate of $175,000 per annum (the "Base Salary"), to be paid in accordance with the normal payroll practices of the Company. The Base Salary shall be increased to $185,000 per year on September 12, 2017 and thereafter may be reviewed from time to time by the Board for possible merit increases.

assistant: Base Salary
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) Seller has full power and authority to execute and deliver this Agreement and all other documents to be executed and delivered by Seller pursuant to this Agreement (the “ Seller Documents ”), and to perform all obligations of Seller under each of the Seller Documents, (ii) the execution and delivery by the signer on behalf of Seller of each of the Seller Documents, and the performance by Seller of its obligations under each of the Seller Documents, has been duly and validly authorized by all necessary action by Seller, and (iii) each of the Seller Documents, when executed and delivered, will constitute the legal, valid and binding obligations of Seller enforceable against Seller in accordance with its terms, except to the extent Purchaser itself is in default thereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company agrees to pay to the Administrative Agent, for its own account, fees payable in the amounts and at the times separately agreed upon between the Company and the Administrative Agent. All fees payable hereunder shall be paid on the dates due, in immediately available funds, to the Administrative Agent and shall not be refundable under any circumstances.

assistant: Fees
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: 331 U.S. at 376. The Virgin Islands Supreme Court relied on two theories in concluding that Kendall’s opinion was a clear and present danger to the fairness of the Ford case. Neither passes muster. According to the Virgin Islands Supreme Court, Kendall’s opinion was punishable because it “called the very integrity of [its mandamus] decision into question” by “blatantly accusing], without proof, the Justices ... of gross dereliction of their sworn duties and of committing illegal acts.” Yet Kendall’s criticism of the decision to issue mandamus — even if it unfairly impugned the Justices’ motives — is simply not enough. His after-the-fact critique “could not affect [the Justices’] ability to [fairly] decide” how to rule on the petition for a writ of mandamus. Pennekamp, 328 U.S. at 348 (<HOLDING>). And the Virgin Islands Supreme Court’s Options: A. holding that criticism of judicial action already taken even though the cases were still pending on other points or might be revived by rehearings was not enough to satisfy the clearandpresentdanger standard B. holding the dismissed defendant was not precluded from obtaining its reasonable attorney fees under 1317201 even though the action was still pending against another defendant C. holding that even if the standard for waiver is clear the standard was not met D. holding that a remand should be limited to cases in which further action must be taken by the district court or in which the appellate court has no way open to it to affirm or reverse the district courts action under review E. holding that reinstatement is prospective even though it contemplated changing the result of an action already taken

assistant: The best answer is A. holding that criticism of judicial action already taken even though the cases were still pending on other points or might be revived by rehearings was not enough to satisfy the clearandpresentdanger standard
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: Kleehammer had until May 1, 2013 to file a notice of appeal. On April 29, 2013, Kleehammer filed a timely notice of appeal, which expressed an intent to appeal from the district court’s November 2012 order, but did not mention the district court’s September 2010 order of dismissal. Federal Rule of Appellate Procedure 3(c)(1) requires that a notice of appeal must “designate the judgment, order, or part thereof being appealed.” Fed. R.App. P. 3(c)(1)(B). The dictates of Rule 3 are jurisdictional in nature. Gonzalez v. Thaler, — U.S. -, 132 S.Ct. 641, 652, 181 L.Ed.2d 619 (2012). Accordingly, “our jurisdiction is limited by the wording of the notice,” which does not raise the September 2010 order for our review. See New Phone Co. v. City of New York, 498 F.3d 127, 130-31 (2d Cir.2007) (<HOLDING>). Although Klee-hammer filed an amended notice Options: A. holding that a notice of appeal that referred only to the final judgment was sufficient to support review of earlier orders including an order involved in an unsuccessful attempt to take a premature appeal B. holding that where the district court decided two issues in the certified order but identified only the damages issue as the controlling question of law the court of appeals could nonetheless address the other issue C. holding that court of appeals statutory jurisdiction over final orders of removal extends to reinstatement orders D. holding that failure to take available appeal to board of immigration appeals constitutes failure to exhaust administrative remedies and deprives the court of appeals of jurisdiction to review E. holding that notice of appeals failure to mention first of two district court orders barred consideration of claims decided in earlier order

assistant: The best answer is E. holding that notice of appeals failure to mention first of two district court orders barred consideration of claims decided in earlier order
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: conferred upon the commissioners court by law. Commissioners Court of Titus County, 940 S.W.2d at 80; Ector County, 843 S.W.2d at 479. Therefore, it is beyond dispute that the district court’s jurisdiction includes appellate jurisdiction and general supervisory control over the county commissioners court, and that jurisdiction can only be invoked under the circumstances just described. The issue squarely before us is how that jurisdiction is invoked. Invoking the Distr ex.App.-E1 Paso 1993, no writ) (noting that a formal action or suit must be filed in order for district court to exercise its superviso ry control over the commissioners court); Atlantic Richfield Co. v. Liberty-Danville Fresh Water Supply District No. 1, 506 S.W.2d 931, 934 (Tex.Civ.App.-Tyler 1974, writ refd n.r.e.) (<HOLDING>); J.R. Phillips Investment Company v. Road Options: A. holding that a plenary suit is required to invoke the district courts supervisory control over the commissioners court B. recognizing the supervisory power of appellate courts C. recognizing plenary power of district court to alter interlocutory orders D. holding that while town counsel had final supervisory authority over the hiring and firing of employees in plaintiffs position it did not have supervisory authority over the mayors constructive discharge of plaintiff E. holding that the supervisory control of the district court may be exercised through its equitable jurisdiction

assistant: The best answer is A. holding that a plenary suit is required to invoke the district courts supervisory control over the commissioners court
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 represents that it is duly organized and validly existing in good standing under the laws of the jurisdiction of its organization, duly qualified to do business in each jurisdiction which is relevant under this Agreement and has full power and authority to enter into and perform its obligations under this Agreement. The execution, delivery and performance by each Party to this Agreement has been duly authorized by all necessary action on the part of that Party, and are not inconsistent with its governing documents. Each Party further represents and warrants that its business is being operated in compliance with all applicable laws and regulations. Each Party warrants and represents that it has had a full opportunity to consult with legal counsel prior to executing this Agreement, has read and understands all of the provisions hereof and executed below as a free and voluntary act, and warrants that it is not under any legal or contractual obligation that would conflict with any of the undertakings set forth herein and that execution of this Agreement does not violate any agreement to which it is now a party. There have been no verbal representations or oral promises made by either Party to induce them to enter this Agreement.

assistant: Representations
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 either the parties’ contractual expectations or the duties established by Wash . denied, - U.S. -, 122 S.Ct. 806, 151 L.Ed.2d 692 (2002). 10 . Id.at 691. 11 . Id.at 691-92. 12 . Id. at 689. 13 . WASH. REV. CODE § 49.60.180. 14 . WASH. ADMIN. CODE § 162-22-025(2). 15 . WASH. ADMIN. CODE 162-22-065. 16 . Pulcino v. Fed. Express Corp., 141 Wash.2d 629, 9 P.3d 787, 795 (2000). 17 . Livadas, 512 U.S. at 124 n. 18, 114 S.Ct. 2068. 18 . CBA Art. 15, § 15.2 (emphasis added). 19 . Allis-Chalmers, 471 U.S. at 212, 105 S.Ct. 1904("[I]t would be inconsistent with congressional intent under [§ 301] to preempt state rules that proscribe conduct, or establish rights and obligations, independent of a labor contract.”). 20 . 486 U.S. at 408-09, 108 S.Ct. 1877. 21 . Id. at 412-13, 108 S.Ct. 1877 (<HOLDING>). 22 . Id. at 402, 108 S.Ct. 1877. 23 . Id. at Options: A. holding that 502a operated to preempt state law claims despite the fact that the law in question may have been exempt from 514a preemption as a law regulating insurance B. recognizing validity of state antidiscrimination provisions C. holding pennsylvania statute regulating subrogation is a law regulating insurance D. holding that the mere fact that a cba contains antidiscrimination provisions regulating conduct that also violates state law does not render the state law dependent on the terms of the contract E. holding a state has a substantial interest in regulating the practice of law within the state

assistant: The best answer is D. holding that the mere fact that a cba contains antidiscrimination provisions regulating conduct that also violates state law does not render the state law dependent on the terms of the contract
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 bias is premised solely on an administrative adjudicator’s exercise of both investigative and adjudicative functions, the party making the contention must show that, under a realistic appraisal of psychological tendencies and human weakness, conferring investigative and adjudicative powers on the same individuals poses such a risk of actual bias or prejudgment that the practice must be forbidden if the guarantee of due process is to be adequately implemented. Any form of function combination, occurring alone and without other exacerbating biasing influences, is very unlikely to run afoul of procedural due process. Moncier, 406 S.W.3d at 161 (citations and internal quotation marks omitted). We find the principles from Heyne and Moncier persuasive. Attorney disciplinary proc 21 (1993) (<HOLDING>); In re Baun, 395 Mich. 28, 232 N.W.2d 621, Options: A. holding that michigans lawyer disciplinary proceedings do not violate due process because the functions of investigation prosecution adjudication and review are functionally separate and are handled by different individuals B. holding that doctrine does not violate due process C. holding that lack of notice of charges in disciplinary proceedings violates the due process clause D. holding that the combination of investigatory and adjudicatory functions in one judicial disciplinary agency does not violate due process E. recognizing due process right to notice and informal hearing in school disciplinary process

assistant: The best answer is D. holding that the combination of investigatory and adjudicatory functions in one judicial disciplinary agency does not violate due process
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF THE PARTIES IRREVOCABLY SUBMITS TO THE NON‑EXCLUSIVE JURISDICTION OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE, FOR THE PURPOSES OF ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF THIS AGREEMENT, ANY RELATED AGREEMENT OR ANY TRANSACTION CONTEMPLATED HEREBY OR THEREBY. EACH OF THE PARTIES HERETO FURTHER AGREES THAT SERVICE OF ANY PROCESS, SUMMONS, NOTICE OR DOCUMENT BY U.S. REGISTERED MAIL TO SUCH PARTY’S RESPECTIVE ADDRESS SET FORTH ABOVE WILL BE EFFECTIVE SERVICE OF PROCESS FOR ANY ACTION, SUIT OR PROCEEDING WITH RESPECT TO ANY MATTERS TO WHICH IT HAS SUBMITTED TO JURISDICTION IN THIS PARAGRAPH. EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY OBJECTION TO THE LAYING OF VENUE OF ANY ACTION, SUIT OR PROCEEDING ARISING OUT OF THIS AGREEMENT, ANY RELATED DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY AND THEREBY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE, AND HEREBY AND THEREBY FURTHER IRREVOCABLY AND UNCONDITIONALLY WAIVES AND AGREES NOT TO PLEAD OR CLAIM IN ANY SUCH COURT THAT ANY SUCH ACTION, SUIT OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

assistant: Consent To 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 case excerpt and choose the best holding from the options. Case excerpt: payable.” Id. at 1, Further, the Mortgage provides that Debtors’ promise to pay Villa Donna “at the place for payment and according to the terms of payment the principal amount plus interest at the rates stated above. All unpaid amounts shall be due by the final scheduled payment date.” Id. at 2. Explicitly, the Mortgage provides for prepayment, stating that “[o]n any ,.. permitted prepayment, any such excess shall be canceled automatically as of the ... prepayment or, if already paid, credited on the principal of the debt, or if the principal of the debt had been paid, refunded.” Id. at 6. Our sister court examined whether paying off a home mortgage during the life of a chapter 13 plan would violate § 1322(b)(2). In re Gaetje, 2015 WL 3825972, at *5 (Bankr. S.D. Tex. June 18, 2015) (<HOLDING>); see also In re Bellamy, 126 B.R. 134, 135-36 Options: A. holding that there is no impermissible modification of the note because the very terms of the note allow for prepayment without a penalty B. holding that when a mortgage contains a provision specifically allowing full prepayment early repayment is not an impermissible modification C. holding that a mortgagee could enforce mortgage covenants requiring the mortgagors to keep the property free of encumbrances even after it foreclosed by advertisement and purchased the property for the full amount of the mortgage debt because the mortgage covenants concerned title to the mortgaged property rather than repayment of the debt D. holding that a mortgage or modification of a mortgage is not a good or a service under the dtpa E. holding mortgage lenders claim for a postdefault postacceleration prepayment premium pursuant to escape clause in mortgage documents that prohibited debtor from evading prepayment fee by tendering full amount of debt postforeclosure had to be disallowed because the debtor in proposing to pay mortgage debt over time in plan of reorganization was not tendering full amount of debt and was not attempting to prepay this accelerated debt

assistant: The best answer is B. holding that when a mortgage contains a provision specifically allowing full prepayment early repayment is not an impermissible modification
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: exception and recover economic damages in negligence, (1) the economic damages must result from “a sudden, dangerous, or calamitous event,” and (2) the event must also cause “personal injury or property damage.” In re Chicago Flood Litigation, 176 Ill. 2d at 200-01; see also Trans State Airlines v. Pratt & Whitney Canada, Inc., 177 Ill. 2d 21, 26-27 (1997). The trial court held that the September 2008 storms were not a sudden or dangerous occurrence and that the exception consequently does not apply, barring plaintiffs negligence claim under the Moor-man doctrine. Plaintiff argues on appeal that the trial court should have accepted the precedent of Mars for the proposition that the September 2008 storms were a sudden and dangerous occurrence. See Mars, 327 Ill. App. 3d at 353 (<HOLDING>). Plaintiff further argues that the second Options: A. holding that insurer who after being told of occurrence contacted insureds attorney for information should have issued reservation of rights letter within a reasonable time after it was informed of the occurrence B. holding that there was no coverage because there was no occurrence within the meaning of the policy because defective workmanship does not constitute an accident or an occurrence under a commercial general liability policy C. holding the payment of benefits at the occurrence of a single event an indicium of lack of an administrative scheme D. holding that the phrase sudden and accidental is not a synonym for unexpected and unintended and that the discharge of coal dust over an eight year period was not sudden E. holding that a single thunderstorm was a sudden and dangerous occurrence

assistant: The best answer is E. holding that a single thunderstorm was a sudden and dangerous occurrence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before May 6, 2016 (the “ Termination Date ”); provided , however , that no such termination will affect the right of any party to sue for any breach by the other party (or parties).

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: The Executive acknowledges that if he were to breach any of the provisions of this Section 8, it would result in an immediate and irreparable injury to the legitimate business interests of the Company for which monetary damages alone might not be an adequate remedy and that the amount of such damages may be difficult to determine. Therefore, the Executive agrees that if any such breach shall occur, if the Company so elects, and in addition to all other remedies that the Company may have, the Company shall be entitled to seek injunctive relief, specific performance, or any other form of equitable relief to remedy a breach or threatened breach of this Agreement. The existence of this right shall not preclude or otherwise limit the applicability or exercise of any other rights or remedies which the Company may have at law or in equity.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Grantor agrees to defend, indemnify and hold harmless Secured Party and its officers, employees, and agents against: (a) all obligations, demands, claims, and liabilities claimed or asserted by any other party in connection with the transactions contemplated by this Agreement; and (b) all losses or expenses in any way suffered, incurred, or paid by Secured Party as a result of or in any way arising out of, following or consequential to transactions between Secured Party and Grantor, whether under this Agreement or otherwise (including without limitation reasonable attorneys’ fees and reasonable expenses), except for losses arising from or out of Secured Party’s gross negligence or willful misconduct.

assistant: Indemnity
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: 431 U.S. 169 97 S.Ct. 2162 52 L.Ed.2d 216 Larry PRESSLER, Member, United States House of Representativesv.W. M. BLUMENTHAL, Secretary of the Treasury, et al No. 76-1005 Supreme Court of the United States May 16, 1977 May 16, 1977. PER CURIAM. 1 The motion of We the People for leave to file a brief, as amicus curiae, is granted. The motion of James W. Jeffords, et al., for leave to file a brief, as amici curiae, is granted. 2 Appellant challenges the operation of certain provisions of the Postal Revenue and Federal Salary Act of 1967, 2 U.S.C. §§ 351-361, and of the 1975 Executive Salary Cost-of-Living Adjustment Act, 2 U.S.C. § 31 (1970 ed., Supp. V), relating to increases in salaries paid members of Congress. He asserts that the operation of these Acts violates Art. I, § 1, and § 6, cl. 1 (the Ascertainment Clause), of the Constitution. 3 On April 4, 1977, Congress passed an amendment to the Postal Revenue and Federal Salary Act. On April 12, the President signed that amendment into law. Pub.L. 95-19, 91 Stat. 45. 4 It appearing that the amendment to the Postal Revenue and Federal Salary Act will alter materially the scope and perhaps the nature of appellant's suit, the judgment of the District Court is vacated, and the case is remanded to that court for further consideration in the light of the new legislation. 5 It is so ordered. 6 Mr. Justice STEVENS would affirm the judgment dismissing the complaint.

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: This Warrant Agreement may be amended by the parties hereto without the consent of any registered holder for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision contained herein or adding or changing any other provisions with respect to matters or questions arising under this Warrant Agreement as the parties may deem necessary or desirable and that the parties deem shall not adversely affect the interest of the registered holders. All other modifications or amendments, including any amendment to increase the Warrant Price or shorten the Exercise Period, shall require the written consent of the Underwriter and the registered holders of a majority of the then outstanding Warrants.

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 typewritten or handwritten provisions shall control any conflict between the printed provisions of this Lease and the typewritten or handwritten provisions. This Lease may be executed in counterparts, each of which shall be deemed an original, but such counterparts, when taken together, shall constitute one agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The payments hereunder do not include use, consumption, sales or excise taxes of any taxing authority. The amount of any applicable taxes, if any, will be added to the Purchase Price of the Product in effect at the time of shipment thereof and shall be reflected and detailed in the invoices submitted to Buyer by the Manufacturer .

assistant: Taxes
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: and contrary to the plain language of the TCPA because the effect would be to “set aside, annul, or suspend” the FCC Order and thus a violation of the Hobbs Act. B. Having determined that the district court correctly refused to entertain arguments regarding the validity of the 1992 FCC Order, we turn to whether DCI’s actions violated the TCPA under any FCC order. Mr. Murphy’s argument that prior express consent must be given its plain language meaning fails because it requires rejection of the FCC’s interpretation of prior express consent in FCC orders. Absent a direct appeal to review the 1992 FCC Order’s interpretation of prior express consent, we are bound to follow it. See CE Design, Ltd. v. Prism Bus. Media, Inc., 606 F.3d 443, 450 (7th Cir.2010); cf. Mais, 768 F.3d at 1121 (<HOLDING>). Mr. Murphy’s complaint alleged that he Options: A. holding that where the plaintiffs evidence supported a finding that the defendants had applied force to restrain him the jury must determine not only whether the officers were justified in using force at all but if so whether the degree of force actually used was reasonable B. holding the supreme court was without jurisdiction to hear an appeal from the courts finding of facts conclusions of law and ruling until the court entered the decree that was contemplated by the finding of facts conclusions of law and ruling C. holding that an unappealed ruling is the law of the case D. holding the 2008 fcc ruling had the force of law E. holding force to be an element of pre1994 amendment 111 which may be satisfied by proof of force or threat of force

assistant: The best answer is D. holding the 2008 fcc ruling had the force of law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the Court could not find, any cases in which a petitioner demonstrated a fundamental miscarriage of justice due to an intervening change in law regarding a mistaken legal characterization of a predicate offense under ACCA where the habeas petition was nonetheless barred by procedural default. While the issue is complicated, and the cases are like Shipp passing in the night, the Court concludes that where a predicate offense is improperly classified as a “violent felony” under the ACCA because of an intervening change in law which created a novel claim, “cause and prejudice must yield to the imperative of correcting a fundamentally unjust incarceration.” Murray, 477 U.S. at 495, 106 S.Ct. 2639 (quotations omitted). The pro cedural default is excused as a fundamental 98 (8th Cir.2006) (<HOLDING>); Shannon, 410 F.3d at 1088-89 (holding that a Options: A. holding that the court need not follow a decision of the district of columbia court of appeals where it appears that the court of appeals itself would not follow that decision B. holding that a recent federal court of appeals decision was not a qualifying fact under 2255f4 C. recognizing that these two recent supreme court decisions resolve the issue of whether federal regulations alone can create enforceable rights under 1983 D. holding a new constitutional challenge not raised in district court was not properly before court of appeals E. holding that the court of appeals may not overrule modify or withdraw language from a previously published decision of the court of appeals

assistant: The best answer is B. holding that a recent federal court of appeals decision was not a qualifying fact under 2255f4
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: applicable here, and supports our conclusion that the language of the ballot title and summary do not constitute political or emotional rhetoric. Moreover, the common definition of the term “protect” is “to maintain the status or integrity of.” Merriam Webster’s Collegiate Dictionary 938 (10th ed.1998). This common definition, when read in context and conjunction with the rest of the language contained in the ballot title and summary accurately portrays the chief purpose of the amendment — preserving the current concept of marriage in Florida as the legal union of one man and one woman. Based on the foregoing, we hold that the ballot summary and title in the instant proposal are not impermissibly misleading, nor are they “clearly and conclusively defective.” Askew, 421 So.2d at 154 (<HOLDING>). REVIEW OF FINANCIAL IMPACT STATEMENT Article Options: A. holding that language in a citizen initiative must be clearly and conclusively defective to justify removal of the measure from the ballot B. holding that the defendants filing of a notice of removal before being served by plaintiffs did not render removal defective C. holding that the plain language of the diversity jurisdiction statute permitted a workmens compensation claim to be filed as an original action in federal court even though congress clearly intended to prohibit the removal of such claims congress used language specifically barring removal of such cases from state to federal courts and at the same time left unchanged the old language which just as specifically permits civil suits to be filed in federal courts in cases where there are both diversity of citizenship and the prescribed jurisdictional amount in this situation we must take the intent of congress with regard to the filing of diversity cases in federal district courts to be that which its language clearly sets forth congress could very easily have used language to bar filing of workmens compensation suits by the insurer as well as removal of such suits and it could easily do so still D. holding that notice of removal was defective on its face because it failed to contain a copy of the process as required by the removal statute E. holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand

assistant: The best answer is A. holding that language in a citizen initiative must be clearly and conclusively defective to justify removal of the measure from the ballot
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, requests, demands, consents, agreements, reports, certificates, and other communications required or permitted to be given, or otherwise intended to have legal effect, under this Agreement (a “ Notice ”) must be provided in writing and in English and must be sent to the Party to whom it is to be given as provided in this Section 7.12. Each Party may change its address for receipt of Notices by providing notice of the new address to the other Party in accordance with this Section, and each Party shall change its address if such address is no longer used by such Party. If a Notice that is provided by Qualcomm to Licensee hereunder applies to activities performed by any of Licensee’s Affiliates, such Notice will be deemed to also be provided by Qualcomm to Licensee’s Affiliates on the same date that such Notice is provided by Qualcomm to Licensee, and Licensee shall promptly provide copies of all such notices to its applicable Affiliates.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we will not be liable to you for any lost profits or other consequential , special , indirect , or incidental damages arising out of or in connection with this statement or facebook , even if we have been advised of the possibility of such damages .

assistant: Limitation of liability
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, the exhibits attached hereto, and the Options granted concurrently herewith under Section 5(a) hereof, contain the entire understanding of the parties and supersede all previous contracts, arrangements or understandings, express or implied, between the Executive and the Company with respect to the subject matter hereof or his engagement by the Company as Chief Operating Officer. No agreements or representations , oral or otherwise , express or implied, with respect to the subject matter hereof have been made by either party which are not expressly set forth in this Agreement or in the attached exhibits.

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 legal provision and list the applicable contract clause categories. Provision: If any portion or provision of this Agreement is found to be unenforceable or invalid, the parties agree that the remaining portions will remain in full force and effect. The parties will negotiate in good faith to give such unenforceable or invalid provisions the effect the parties intended.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and definitely a great purchase price.” The letter further indicates that other houses on the market in the subdivision were priced at “an average of $95.98 per square foot” and other “comparable properties” were priced at “an average of $94.50 a square foot.” While the letter was evidence that the price per square foot was a of the property’s fair market value as represented, at a time when Matheus believed the house contained 4,218 square feet. Under either. the benefit-of-the-bargain or the out-of-pocket measure of damages, the plaintiff is also required to prove the fair market value of the item as received. W.O. Bankston Nissan, 754 S.W.2d at 128; Jabri v. Alsayyed, 145 S.W.3d 660, 667 (Tex.App.-Houston [14th Dist.] 2004, no pet.); see Ford Motor Co., 125 S.W.3d at 799, 803 (<HOLDING>); Barraza, 933 S.W.2d at 170 (holding evidence Options: A. holding testimony of owner referring to personal rather than market value irrelevant and no evidence even absent objection B. holding that if repairs to a firedamaged vehicle with parts of like kind and quality would not restore the vehicle to its former market value the proper measure of damages was the difference in market value before and after the loss C. holding parties negotiated price of vehicle was evidence of market value as represented D. holding that there was no evidence of market value where owners testimony affirmatively showed that it was based on personal value E. holding recovery precluded absent evidence of market value of vehicle when received

assistant: The best answer is E. holding recovery precluded absent evidence of market value of vehicle when received
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the injured party to retain an interest in the claim after one year. B Nearly a year after the statute of limitations had run on the claims, an attorney for the Navajo Nation reassigned the claims to Largo. The district court did not approve of the reassignment. It ruled that section 1032(B) did not authorize reassignment, thereby nullifying the Navajo Nation’s reassignment to Largo. While section 1032(B) does not expressly permit the Navajo Nation to reassign a claim to the injured worker, we believe that sound public policy demands that personal injury suits be brought by the injured parties themselves. This preference is expressed in the general rule that injured parties cannot assign away their personal injury claims. See e.g., Saper v. Delgado, 146 F.2d 714 (2nd Cir. 1945) (<HOLDING>). The stated public policy is in accord with Options: A. holding petition alleging negligence was a personal action B. holding that a right of action for personal injuries resulting from negligence cannot be assigned absent statutory law C. holding that homeowners policy precluded coverage for injuries resulting from intentional acts D. holding that rico claims were personal and plaintiffs were therefore entitled to sue on their own because their injuries were distinct from the injuries to creditors in general resulting from the diversion of corporate assets E. holding that recovery for loss of consortium is a right separate and apart from right of injured spouse to receive compensation for personal injuries

assistant: The best answer is B. holding that a right of action for personal injuries resulting from negligence cannot be assigned absent statutory law