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: to reject this contention. In Neurosurgery, the Second District stated, in rather categorical terms: “Simply put, fraudulent misrepresentation has emerged as a tort distinct from the general milieu of negligent and intentional wrongs and applies only to interferences with financial or commercial interests where a party suffers some pecuniary loss.” Neurosurgery, 339 Ill. App. 3d at 186. The court in Neurosurgery added that the theory of fraudulent misrepresentation was unavailable to a plaintiff who suffered physical harm. Neurosurgery, 339 Ill. App. 3d at 186. The court explained its reasoning as follows: “[fraudulent misrepresentation is purely an economic tort under which one may recover only monetary damages. McConkey v. AON Corp., 354 N.J. Super. 25, 59, 804 A.2d 572, 593 (2002) (<HOLDING>); Jourdain v. Dineen, 527 A.2d 1304, 1307 (Me. Options: A. holding those who are to perform the command of the writ are necessary parties B. recognizing a state agencys powers are limited to 1 C. holding that damaged in a fraudulent misrepresentation action are limited to those that are pecuniary D. holding that liberty interests that are protected by procedural due process are generally limited to freedom from restraint E. holding that provisions in a subcontract incorporating a prime contract for a limited purpose are limited only to those that are applicable

assistant: The best answer is C. holding that damaged in a fraudulent misrepresentation action are limited to those that are pecuniary
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 Borrower and each other Credit Party irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind or description, whether in law or equity, whether in contract or in tort or otherwise, against the Administrative Agent, any Lender, any Issuing Lender or any Related Party of the foregoing in any way relating to this Agreement or any other Loan Document or the transactions relating hereto or thereto, in any forum other than the courts of the State of New York sitting in New York County, and of the United States District Court of the Southern District of New York in the Borough of Manhattan, and any appellate court from any thereof, and each of the parties hereto irrevocably and unconditionally submits to the jurisdiction of such courts and agrees that all claims in respect of any such action, litigation or proceeding may be heard and determined in such New York State court or, to the fullest extent permitted by Applicable Law, in such federal court. Each of the parties hereto agrees that a final judgment in any such action, litigation or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing in this Agreement or in any other Loan Document shall affect any right that the Administrative Agent, any Lender or any Issuing Lender may otherwise have to bring any action or proceeding relating to this Agreement or any other Loan Document against the Borrower or any other Credit Party or its properties in the courts of any jurisdiction.

assistant: Submission 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: searches and seizures by the government. U.S. Const. Amend. IV; Elkins v. United States, 364 U.S. 206, 213, 80 S.Ct. 1437, 4 L.Ed.2d 1669 (1960) (applying Fourth Amendment protections to states and state actors through Fourteenth Amendment). A person is seized if “taking into account all of the circumstances surrounding the encounter, the police conduct would have communicated to a reasonable person that he was not at liberty to ignore the police presence and go about his business.” United States v. Washington, 387 F.3d 1060, 1068 (9th Cir. 2004) (“Washington I”) (quoting Florida v. Bostick, 501 U.S. 429, 437, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991) (internal quo tation marks omitted)); see also United States v. Mendenhall, 446 U.S. 544, 554, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980) (<HOLDING>). DISCUSSION Defendant argues that the firearm Options: A. holding that a person is seized when a reasonable person would have believed that he was not free to leave B. holding that an encounter is a seizure if in view of all of the circumstances surrounding the incident a reasonable person would have believed that he was not free to leave C. holding seizure of evidence in plain view reasonable under fourth amendment D. recognizing that a person has been seized within the meaning of the fourth amendment only if in view of all of the circumstances surrounding the incident a reasonable person would have believed that he was not free to leave E. holding that progressive intrusion into defendants privacy was of such a nature that a reasonable person would not believe that he or she was free to end the encounter

assistant: The best answer is B. holding that an encounter is a seizure if in view of all of the circumstances surrounding the incident a reasonable person would have believed that he was not free to leave
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: sentencing process and that we need to be concerned with that. So we went back and recalculated. I think it was the proper thing to do, and we ended up with a 22 and a 77 to 96 month range. And it at least gives you a better perspective on where we are; that while it’s not the range, it’s the what we call an alternative range, the range that would exist for a non-career offender. (R. 153, PageID 1545.) However, because Defendant never raised this issue before the district court, the error is subject to “plain error” review. See United States v. Wilson, 614 F.3d 219, 223 (6th Cir.2010) (“Because [defendant] failed to raise her procedural claim before the district court, we must evaluate it under a standard of plain error.”); United States v. Abboud, 441 Fed.Appx. 331, 334 (6th Cir.2011) (<HOLDING>). On plain error review, a district court’s Options: A. holding that forfeiture which is a simple failure to raise an issue merits plain error review B. holding defendants failure to raise the issue of the applicability of the correct manual at any sentencing hearings constitutes a forfeiture of the claim that he was erroneously sentenced which cannot now be considered without a showing of plain error C. holding that failure to raise issue in brief constitutes waiver of appeal of the issue D. holding that plain error review applies when a party fails to raise a claim before the district court E. holding that the failure to object to an instruction constitutes a waiver of error

assistant: The best answer is B. holding defendants failure to raise the issue of the applicability of the correct manual at any sentencing hearings constitutes a forfeiture of the claim that he was erroneously sentenced which cannot now be considered without a showing of plain error
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: 595, 603-04 (1976); State v. George, 337 Or. 329, 97 P.3d 656, 662 (2004) (en banc); Commonwealth v. Mulgrew, 475 Pa. 271, 380 A.2d 349, 350 (1977); Glasscock v. State, 570 S.W.2d 354, 356 (Tenn.Crim.App.1978); State v. Shickles, 760 P.2d 291, 298 (Utah 1988), abrogated on other grounds by State v. Doporto, 935 P.2d 484, 489 (Utah 1997); State v. Nuckolls, 166 W.Va. 259, 273 S.E.2d 87, 90-91 (1980). 14 . Wood, 545 A.2d at 1035-36 (noting that, under common law rules, Connecticut courts did not require the instruction, see State v. Holmquist, 173 Conn. 140, 376 A.2d 1111, 1113-14 (1977), but that the instruction is currently required by statute); Spraggins, 364 S.E.2d at 863 (noting that instruction is required by statute); Cooper v. State, 253 Ga. 736, 325 S.E.2d 137, 139-40 (1985) (<HOLDING>); Amorin, 574 P.2d at 898-99; Alexander, 729 Options: A. holding that the apprendi rule was not implicated because a juvenile transfer proceeding does not involve sentencing or a determination of guilt or innocence B. holding that a consequence instruction was properly refused C. holding that because restitution hearings are a part of sentencing and have nothing to do with a defendants guilt or innocence the rules of evidence do not apply D. holding that trial court did not abuse its discretion in denying a mistrial and instead giving a curative instruction when an improper comment on a defendants silence was not directed to any particular statement or defense offered by the defendant was made during the witnesss explanation of the course of events and did not have the effect of being probative on the issue of guilt or innocence E. holding a consequence instruction is not necessary because the consequences of the verdict have no bearing upon the guilt or innocence of the defendant

assistant: The best answer is E. holding a consequence instruction is not necessary because the consequences of the verdict have no bearing upon the guilt or innocence of the defendant
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: notwithstanding clause ( 24.3.1 ) above , you and spotify both agree that nothing herein will be deemed to waive , preclude , or otherwise limit either of our rights , at any time , to ( 1 ) bring an individual action in small claims court , ( 2 ) pursue enforcement actions through applicable federal , state , or local agencies where such actions are available , ( 3 ) seek injunctive relief in a court of law , or ( 4 ) to file suit in a court of law to address intellectual property infringement claims .

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: Where an attorney has a charging lien against a fund, a portion to the amount of his claim belongs to the attorney and cannot be assigned by the judgment creditor, and whoever receives it under an assignment is, in justice, to be considered as holding to the attorneys’ use and benefit. Id. ¶ 11 Arizona eases since Linder have recognized that attorneys have a right superior to the client or other lien holders when the attorneys’ efforts created the funds in dispute. See, e.g., Langerman Law Offices, P.A v. Glen Eagles at Princess Resort, LLC, 220 Ariz. 252, 254, ¶ 9, 204 P.3d 1101, 1103 (App.2009) (recognizing the general rule that an attorney has priority over the client to funds “created by his efforts”); Holly v. State, 199 Ariz. 358, 360-61, ¶¶ 13-18, 18 P.3d 152, 154-55 (App.2001) (<HOLDING>). ¶ 12 Because the right of Wang’s attorneys to Options: A. holding an order of contempt is a matter of right for someone who has a pecuniary interest such asthe payment of costs and attorneys fees in the enforcement of a final decree B. holding defendant liable for attorneys fees when the guaranty contract at issue provided for the payment of collection costs and expenses C. holding that no statutory basis exists to impose lien on inmate trust account for court costs and fines D. holding that an attorneys right to payment from a fund created through his efforts has priority over the states rights to statutory setoffs for inmate costs E. holding that a federal tax lien was entitled to priority over a mortgagees inchoate claim for attorneys fees

assistant: The best answer is D. holding that an attorneys right to payment from a fund created through his efforts has priority over the states rights to statutory setoffs for inmate costs
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: to proceed pro se resulted in a challenging situation for the trial court. It is clear to this Court that the trial court had the duty to question the witnesses as it did-in order to extract/clarify information it needed to make a decision as to the best interests of the child. We see no evidence of bias. In any event, grandparents, as the complaining party, have not met their burden of establishing that the' judge’s questioning constituted “an abuse of discretion, resulting in discernible prejudice, capricious disbelief, or prejudgment.” See Mansour, at 446. ¶ 33 Grandparents’ arguments as to the court limiting their testimony and interrupting their closing arguments are utterly undeveloped and we will therefore not address them. See Shepp v. Shepp, 821 A.2d 635, 639 (Pa.Super.2003) (<HOLDING>). We simply note that we are able to discern no Options: A. holding the appellant was deemed to have abandoned an issue for which he failed to provide any argument or supporting authority B. holding that a failure to advance any argument or cite any supporting authority on a subject enables us to deem the issue waived C. holding that an argument that fails to cite to supporting authority in support of claim presents nothing for review D. holding that an appellant waived a claim where he failed to cite any legal authority in support of an argument in his appellate brief E. holding an argument waived for failure to cite authority

assistant: The best answer is B. holding that a failure to advance any argument or cite any supporting authority on a subject enables us to deem the issue waived
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 Giants Parties represents and warrants to the Jaguar Parties that: (a) it has all necessary corporate or limited partnership power and authority, as applicable, to execute and deliver this Agreement and to perform its obligations hereunder; (b) the execution, delivery and performance of this Agreement and the actions contemplated hereby have been duly and validly authorized by all necessary corporate and limited partnership action, and no other corporate or limited partnership proceedings on the part of the Giants Parties, as applicable, are necessary to authorize the execution and delivery by the Giants Party of this Agreement, including approval of the Giants Board; and (c) this Agreement has been duly executed and delivered by each Giants Party and, assuming due and valid authorization, execution and delivery hereof by each of the Jaguar Parties, is a valid and binding obligation of such Giants Party, enforceable against such Giants Party in accordance with its terms, except as the enforcement hereof may be limited by (i) bankruptcy, insolvency, reorganization, moratorium or other similar Laws, now or hereafter in effect, relating to creditors’ rights generally and (ii) general principles of equity (regardless of whether enforceability is considered in a proceeding in equity or at Law).

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 legal provision and list the applicable contract clause categories. Provision: (a) This Agreement shall continue in effect until December 31, 2016 (the “Initial Termination Date”). If this Agreement is not terminated on the Initial Termination Date, as provided for herein, then, this Agreement shall automatically renew for an additional one-year period and shall continue to renew for additional one-year periods until this Agreement is otherwise terminated, as provided for herein. At any time during the term of this Agreement, CMF may terminate this Agreement upon 5 days’ notice to the Advisor. At any time during the term of this Agreement, CMF may elect to immediately terminate this Agreement if (i) the Net Asset Value per unit shall decline as of the close of business on any day to $4.00 or less; (ii) the Net Assets allocated to the Advisor (adjusted for redemptions, distributions, withdrawals or reallocations, if any) decline by 50% or more as of the end of a trading day from such Net Assets’ previous highest value; (iii) limited partners owning at least 50% of the outstanding units of the Partnership shall vote to require CMF to terminate this Agreement; (iv) the Advisor fails to comply with the terms of this Agreement in any material respect; (v) CMF, in good faith, reasonably determines that the performance of the Advisor has been such that CMF’s fiduciary duties to the Partnership require CMF to terminate this Agreement; (vi) CMF reasonably believes that the application of speculative position limits will substantially affect the performance of the Partnership; (vii) the Advisor fails to conform to the trading policies as set forth in the Partnership Agreement as it may be changed from time to time; (viii) the Advisor merges, consolidates with another entity, sells a substantial portion of its assets, or becomes bankrupt or insolvent; (ix) either Yves Balcer or Sanjiv Kumar dies, becomes incapacitated, leaves the employ of the Advisor, ceases to control the Advisor or is otherwise not managing the trading programs or systems of the Advisor; (x) the Advisor’s registration as a commodity trading advisor with the CFTC or its membership in NFA or any other regulatory authority, is terminated or suspended; or (xi) CMF reasonably believes that the Advisor has or may contribute to any material operational, business or reputational risk to CMF or CMF’s affiliates. This Agreement will immediately terminate upon dissolution of the Partnership or upon cessation of trading by the Partnership prior to dissolution.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 9gag considers a `` repeat infringer '' to be any user that has uploaded subscriber content to the services and for whom 9gag has received more than two takedown notices compliant with the provisions of 17 u.s.c. § 512 ( c ) with respect to such subscriber content .

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: stated that ‘“two chinks’ in the pharmacology department were ‘more than enough.’ ” Id. The second instance of direct evidence was when the chairman of the department said in a later meeting that the plaintiff should “pray to their Buddha for help.” Id. at 1129. The Ninth Circuit found both of these comments to be direct evidence. Id. In Merritt v. Dillard Paper Co., 120 F.3d 1181 (11th Cir.1997), the Eleventh Circuit dealt specifically with what constitutes direct evidence of retaliation in a Title VII action. The Eleventh Circuit noted that the “quintessential example of direct evidence in the age discrimination context would be ‘a management memorandum saying, “Fire Earley — he is too old” ’ ” Id. at 1190 (quoting Earley v. Champion Int’l Corp., 907 F.2d 1077, 1081 (11th Cir.1990) (<HOLDING>)). In Merritt, the plaintiff offered evidence Options: A. holding that a jury could find an intent to discriminate from evidence of use of code words such as all of you and one of them the words themselves are only relevant for what they reveal the intent of the speaker B. holding that direct evidence of discrimination is not required to prove discrimination in mixed motive cases under title vii C. holding that the question of guilty knowledge and especially intent to defraud may be shown by other than direct evidence D. holding that isolated remarks are insufficient to prove discriminatory intent E. holding only the most blatant remarks whose intent could be nothing other than to discriminate constitute direct evidence of discrimination

assistant: The best answer is E. holding only the most blatant remarks whose intent could be nothing other than to discriminate constitute direct evidence of discrimination
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: first step in the remedies available to the Providers. Throughout this litigation, FSSA has stated that the Providers are provided multiple appellate mechanisms if they believe an FSSA analyst erroneously denied a Medicaid claim. When a provider’s claim is denied payment “due to incorrect or inaccurate billing,” after resubmitting the claim the Medicaid provider “may appeal under the provisions of s have exhausted these state law remedies on any of their denied claims. Veterans Legal Def. Fund, 330 F.3d at 941 (denying the plaintiffs’ § 1983 claim when the defendants claimed that the plaintiffs had adequate postdeprivation remedies available, but plaintiffs did not deny these remedies existed and they presented no coherent argument as to their inadequacy); Doherty, 75 F.3d at 321, 323 (<HOLDING>). Even the authority cited by the Providers Options: A. holding that the plaintiff has not raised a colorable claim that he was denied procedural due process because he did not allege that the available state remedies are constitutionally inadequate B. holding that a plaintiff could not proceed on her procedural due process claim brought under 1983 because she did not show that she had exhausted her state law remedies or alleged that those remedies were inadequate C. holding that if adequate administrative remedies are available it is improper to seek relief in court before those remedies are exhausted D. holding that a plaintiff could not show that she engaged in protected activity because she did not present evidence that she informed her employer that her complaints were based on race or age discrimination E. holding that administrative remedies must be exhausted prior to filing a claim in court

assistant: The best answer is B. holding that a plaintiff could not proceed on her procedural due process claim brought under 1983 because she did not show that she had exhausted her state law remedies or alleged that those remedies were inadequate
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: affirmance of his unsuitability determination, which adversely affected him by causing emotional stress and difficulty finding employment. The district court rejected this argument, finding no causal connection between the disclosures and the alleged adverse effect. Id. at 153. We review the district court’s decision granting summary judgment de novo, see Lombard v. Booz-Allen & Hamilton, Inc., 280 F.3d 209, 214 (2d Cir.2002), and agree that the chain of causation between OPM’s disclosures and the adverse effects alleged is too attenuated to prove a violation of the Privacy Act. In order to establish the requisite causal connection, a plaintiff must demonstrate a close nexus between the disclosure and the adverse effects alleged. See Cardamone v. Cohen, 241 F.3d 520, 530 (6th Cir.2001) (<HOLDING>); Quinn v. Stone, 978 F.2d 126, 136 (3d Options: A. holding that no federal nexus is required B. holding that the improper admission of hearsay testimony of two witnesses that confirmed but did not elaborate upon the victims testimony would have had only minor impact on the jury because there was little to undermine the victims credibility C. holding that there was no new and material evidence to reopen claim where newly presented evidence was not accompanied by any medical evidence indicating a nexus to service D. holding that expert testimony on effect of drug abuse on witness memory would intrude upon the jurys role in assessing witness credibility only because the defendant had not put forth any evidence to show that the witnesses actually used drugs and that thus there was no factual link between the experts testimony and the specific witnesses E. holding that causal nexus did not exist where there was no evidence that the disclosure had an impact on the testimony of witnesses

assistant: The best answer is E. holding that causal nexus did not exist where there was no evidence that the disclosure had an impact on the testimony of witnesses
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: the terms `` we '' , `` us '' , `` our '' and `` tripadvisor '' refer to tripadvisor llc , and our corporate affiliates and websites ( collectively , `` tripadvisor '' ) .

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: The Borrower hereby agrees to indemnify and hold harmless each Revolving Credit Lender, the Issuing Bank and the Administrative Agent, and their respective directors, officers, agents, attorneys, professional advisors and employees from and against any and all claims and damages, losses, liabilities, costs or expenses (including reasonable counsel fees and disbursements) which such Revolving Credit Lender, the Issuing Bank, the Administrative Agent or their respective directors, officers, agents, attorneys, professional advisors and employees, may incur (or which may be claimed against such Revolving Credit Lender, the Issuing Bank or the Administrative Agent by any Person whatsoever) by reason of or in connection with the issuance, execution and delivery or transfer of or payment or failure to pay under any Facility Letter of Credit or any actual or proposed use of any Facility Letter of Credit, including, without limitation, any claims, damages, losses, liabilities, costs or expenses which the Issuing Bank may incur by reason of or in connection with (i) the failure of any other Revolving Credit Lender to fulfill or comply with its obligations to the Issuing Bank hereunder (but nothing herein contained shall affect any rights the Borrower may have against any Defaulting Lender) or (ii) by reason of or on account of the Issuing Bank issuing any Facility Letter of Credit which specifies that the term “ Beneficiary ” included therein includes any successor by operation of law of the named Beneficiary, but which Facility Letter of Credit does not require that any drawing by any such successor Beneficiary be accompanied by a copy of a legal document, satisfactory to the Issuing Bank, evidencing the appointment of such successor Beneficiary; provided that the Borrower shall not be required to indemnify any Revolving Credit Lender, the Issuing Bank or the Administrative Agent or their respective directors, officers, agents, attorneys, professional advisors and employees for any claims, damages, losses, liabilities, costs or expenses to the extent, but only to the extent, caused by the willful misconduct or gross negligence of the Issuing Bank (as determined by a court of competent jurisdiction in a final and non-appealable decision) in determining whether a request presented under any Facility Letter of Credit complied with the terms of such Facility Letter of Credit. Nothing in this Section 3.9 is intended to limit the obligations of the Borrower under any other provision of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to judgment as a matter of law. Huggins, 585 S.E.2d at 277 (citing Simmons v. Tuomey Reg’l Med. Ctr., 341 S.C. 32, 533 S.E.2d 312 (2000)). South Carolina law recognizes reasonable limitations on tort liability in negligence actions where the plaintiffs have suffered no personal injury and have no direct relationship with the tortfeasor. See Hubbard & Felix, The South Carolina Law of Torts, 49 (3d Edition 2004) (“[A]s with emotional harm, the economic loss of a tort can extend indefinitely. Thus, in order to avoid disproportionate liability, plaintiffs who suffer economic loss, but who have no direct physical injury and no direct relationship with the defendant, may not be able to recover.”); see also Robins Dry Dock & Repair Co. v. Flint, 275 U.S. 303, 48 S.Ct. 134, 72 L.Ed. 290 (1927) (<HOLDING>); Booz-Allen, 346 S.E.2d at 324 (holding no Options: A. holding no right to recover for economic loss resulting from defendants injury to a third party with whom plaintiff has contractual business relationship B. recognizing that a forum selection clause also applies to a nonsignatory third party where the third partys conduct is closely related to the contractual relationship or the contractual dispute and where the third party enjoys financial benefit from the contract C. holding that a clause providing that the insurer has a right to recover damages from a responsible third party referred to a tortfeasor because the use of damages in bodily injury cases means pecuniary compensation resulting from an unlawful or negligent act by a wrongdoer D. holding that where a third partys conduct is closely related to the contractual relationship or the contractual dispute and where the third party enjoys financial benefit from the contract the forum selection clause applies to the third party E. holding that the economic loss doctrine will preclude conversion claims arising out of a contractual relationship

assistant: The best answer is A. holding no right to recover for economic loss resulting from defendants injury to a third party with whom plaintiff has contractual business relationship
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: (1991). The District Court failed to consider what effect, if any, the abuse of the writ doctrine would have on Lee’s ability to assert his sentence calculation claim in a subsequent § 2241 petition. We need not determine whether the District Court erred, however, because Lee’s sentencing calculation claim has been adjudicated on the merits in a separate § 2241 proceedings brought in the United States District Coui't for the Western District of Louisiana. See Lee v. Keffer, Civ. Action No. 07-1873 (W.D.La.). In that case, the District Court held that Lee failed to demonstrate that his federal sentence should run concurrently with a previously-imposed state sentence. Lee is precluded from raising the sentencing calculation claim again. See Queen v. Miner, 530 F.3d 253, 255 (3d Cir.2008) (<HOLDING>). In his Informal Brief, Lee alleges for the Options: A. recognizing that a previous panels review of the same habeas petition is the law of the case B. holding that district courts dismissal of state law claims was proper where the district court had properly dismissed all of the federal questions that gave it original jurisdiction C. holding that a 2241 petitioners claim was not cognizable under 2241 and therefore the district court lacked jurisdiction D. holding that district court properly dismissed claims in 2241 petition that had been decided in previous habeas action E. holding 1 that the district court properly construed one 1983 claim as a habeas petition but improperly summarily dismissed it and 2 that the district court should have construed another 1983 claim as a habeas petition

assistant: The best answer is D. holding that district court properly dismissed claims in 2241 petition that had been decided in previous habeas action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The occurrence of any ERISA Event (as defined below) that, when taken together with all other ERISA Events that have occurred, would have or would be reasonably expected to have a Material Adverse Effect: (i) the failure to meet the “minimum funding standard,” as such term is defined in Section 302 of ERISA and Section 412 of the Code, whether or not waived, shall exist with respect to any Plan, or any lien shall arise on the assets of the Borrower or any ERISA Affiliate in favor of the PBGC or a Plan; (ii) a Termination Event shall occur with respect to a Single Employer Plan which is likely to result in the termination of such Plan in a distress termination under Section 4041(c) of ERISA or by the PBGC under Section 4042 of ERISA; (iii) the Borrower or any ERISA Affiliate shall incur any liability in connection with a withdrawal from, or insolvency (within the meaning of Section 4245 of ERISA) of a Multiemployer Plan or Multiple Employer Plan; or (iv) any prohibited transaction (within the meaning of Section 406 of ERISA or Section 4975 of the Code) or breach of fiduciary responsibility shall occur which would be reasonably expected to subject the Borrower or any ERISA Affiliate to any liability under Sections 406, 409, 502(i), or 502(l) of ERISA or Section 4975 of the Code, or under any agreement or other instrument pursuant to which the Borrower or any ERISA Affiliate has agreed or is required to indemnify any person against any such liability (each of (i) through (iv) an “ ERISA Event ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as may otherwise be provided herein, s ubject to Participant’s continued employment, the Restricted Stock shall vest and become nonforfeitable upon the later of (i) the third anniversary of the Date of Grant (the “ Service Condition ”) and (ii) the Stock Price (as defined in Section 2(b) below) of a Share equaling or exceeding [___] per Share (“ Stock Price Goal ”) prior to the fifth anniversary of the Date of Grant (the “ Performance Condition ”) .

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 legal provision and list the applicable contract clause categories. Provision: Indemnitee shall give the Company notice in writing as soon as practicable of any Proceeding for which indemnification will or could be sought under this Agreement, provided that any failure or delay in giving such notice shall not relieve the Company of its obligations under this Agreement unless and to the extent that ( i ) none of the Company and its subsidiaries are party to or aware of such Proceeding and ( ii ) the Company is materially prejudiced by such failure.

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: To comply with the requirements of all laws and all orders, writs, injunctions and decrees applicable to it or to its business or property, except in such instances in which (a) such requirement of law or order, writ, injunction or decree is being contested in good faith by appropriate proceedings diligently conducted; or (b) the failure to comply therewith could not reasonably be expected to cause a material adverse change in any Obligor's business condition (financial or otherwise), operations or properties, or ability to repay the credit, or, in the case of the Controlled Substances Act, result in the forfeiture of any material property of any Obligor.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. State, 696 So.2d 901, 903 (Fla. 4th DCA 1997); Keller v. State, 586 So.2d 1258, 1261-62 (Fla. 5th DCA 1991); Perez v. State, 566 So.2d 881, 884 (Fla. 3d DCA 1990). However, in Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992), the court held that a jury instruction based on Faison was not applicable when a charge alleges false imprisonment. The Chaeld court held: This so-call Faison instruction must be given upon the defendant’s request whenever the state charges kidnapping with the intent to commit or facilitate the commission of a felony under § 787.01(l)(a)2. It has no application when the charge alleges that the defendant kidnapped the victim with any of the other specific intentions identified in § 787(l)(a)l, 3 or 4. See Bedford v. State, 589 So.2d 245, 251 (Fla.1991) (<HOLDING>). Because the Faison instruction is implicated Options: A. holding that the fatal injury to a murder victim may be considered as satisfying the bodily injury component of the capital felony of kidnapping with bodily injury B. holding that defendant charged with conspiracy to manufacture marijuana and possessing marijuana with intent to distribute was not entitled to specific buyerseller instruction even though support for such instruction existed because court gave a complete instruction reciting all the elements of conspiracy C. holding that a defendant charged with kidnapping with the intent to inflict bodily harm upon or terrorize the victim is not entitled to a faison instruction D. holding that the first amendment prohibits criminal sanctions for true statements made with an intent to inflict harm E. holding that life sentence imposed for kidnapping with bodily injury of 14yearold victim was not cruel and unusual punishment even though bodily injury was slight given circumstances attendant upon offense

assistant: The best answer is C. holding that a defendant charged with kidnapping with the intent to inflict bodily harm upon or terrorize the victim is not entitled to a faison instruction
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 the Exhibits and Schedules, together with the Separation Agreement, the Umbrella Secrecy Agreement, other Ancillary Agreements and, solely to the extent and for the limited purpose of effecting the Internal Reorganization, the Conveyancing and Assumption Instruments, shall constitute the entire agreement between the Parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments, course of dealings and writings with respect to such subject matter. In the event of any inconsistency between this Agreement and any Exhibit or Schedule hereto, the Exhibit or Schedule shall prevail. In the event and to the extent that there shall be a conflict between the provisions of this Agreement and the provisions of the Separation Agreement, the terms and conditions of this Agreement shall control (except as expressly set forth in Section 12.1 of the Separation Agreement).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Restatement Effective Date, Schedule 3.14 sets forth (a) each Subsidiary’s name as listed in the public records of its jurisdiction of organization and jurisdiction of organization, and the location of its principal place of business and chief executive office and, as to each such Subsidiary, the percentage of each class of Equity Interests issued by such Subsidiary that is owned by the Borrower or any other Subsidiary and, if such percentage is not 100% (excluding directors’ qualifying shares as required by law), a description of each class issued and outstanding and (b) the identity of each Subsidiary Guarantor and each Excluded Subsidiary. All of the outstanding shares or other Equity Interests of each such Subsidiary are validly issued and outstanding and, to the extent applicable, fully paid and not assessable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: None of the terms or provisions of this Agreement may be amended, modified, supplemented, terminated or waived, and no consent to any departure by Grantor therefrom shall be effective unless the same shall be in writing and signed by Secured Party and Grantor, and then such amendment, modification, supplement, waiver or consent shall be effective only in the specific instance and for the specific purpose for which made or given.

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: This Agreement may be executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, when taken together, shall constitute but one and the same Agreement. Delivery of an executed counterpart of this Agreement by telefacsimile shall be equally as effective as delivery of an original executed counterpart of this Agreement. Any party delivering an executed counterpart of this Agreement by telefacsimile also shall deliver an original executed counterpart of this Agreement but the failure to deliver an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Agreement. The foregoing shall apply to each other Loan Document mutatis mutandis .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: peremptory challenges to strike jurors who were less inclined to consider the death penalty violated his right to a fair and impartial jury. Although Clark concedes that Batson, unlike his case, involved racial discrimination, he objected based upon Batson, arguing that the State used its challenges to deliberately attempt to deprive him of a fair jury. Clark admits that he is unable to submit a New Mexico case on point, and also does not offer any supportive eases from other jurisdictions. {22} The State contends, and we agree, that there appears to be “universal agreement that no Batson violation results when jurors are peremptorily excused because of their reluctance to impose the death penalty.” State v. Bolton, 182 Ariz. 290, 896 P.2d 830, 842 (1995) (en bane) (rejecting (1991) (<HOLDING>). {23} The trial court did not err in denying Options: A. holding that a court must allow the defendant to ask in voir dire whether a potential juror would automatically impose the death penalty and suggesting that such a juror should be disqualified for cause B. holding that leaning towards the death penalty is not the same as an automatic vote for the death penalty C. holding that it is impermissible to use a peremptory challenge to exclude a potential juror based on race D. holding that a defendants exercise of peremptory challenges is not denied or impaired when the defendant chooses to use a peremptory challenge to remove a juror who should have been excused for cause E. holding that a peremptory challenge is proper even if the juror merely expresses scruples against the death penalty that would not be sufficient to excuse him or her for cause

assistant: The best answer is E. holding that a peremptory challenge is proper even if the juror merely expresses scruples against the death penalty that would not be sufficient to excuse him or her for cause
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 term of provision of this Agreement is determined to be illegal, unenforceable or invalid in whole or in part for any reason, such illegal, unenforceable or invalid provisions or party thereof shall be stricken from this Agreement, and such provision shall not affect the legality, enforceability or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this Section 10.9 , then such stricken provision shall be replaced, to extent possible, with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.

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 legal provision and list the applicable contract clause categories. Provision: The Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with (i) any registration statements and (ii) the filing of final Transaction Documents (including signature pages thereto) with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

assistant: Publicity
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: It is acknowledged that it will be impossible to measure in money the damages that would be suffered if the parties fail to comply with any of the obligations herein imposed on them and that in the event of any such failure, an aggrieved Person will be irreparably damaged and will not have an adequate remedy at law. Any such Person shall, therefore, be entitled to seek injunctive relief, including specific performance, to enforce such obligations, and if any action should be brought in equity to enforce any of the provisions of this Agreement, none of the parties hereto shall raise the defense that there is an adequate remedy at law.

assistant: Remedies