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: their absolute immunity by repeatedly misleading the trial court in order to conceal their alleged misconduct. Reid, 56 F.3d at 337. However, the court held that the prosecutors’ absolute immunity was not defeated because their challenged conduct involved their role as “advocates.” Id., at 337 n. 11. 2. Absolute Testimonial Immunity Witnesses are absolutely immune for the testimony they provide in the course of a judicial proceeding or an adjudication before an administrative agency. Briscoe v. LaHue, 460 U.S. 325, 103 S.Ct. 1108, 75 L.Ed.2d 96 (1983). However, witnesses may be sued under § 1983 for their testimony if the testimony they gave was part of a conspiracy consisting of their testimony and other non-testimonial acts. Malachowski, 787 F.2d at 712; see also Dory, 25 F.3d at 83 (<HOLDING>). But see Hunt v. Bennett, 17 F.3d 1263, 1267 Options: A. holding witnesses are absolutely immune from suit for damages with respect to testimony B. holding that officials are immune unless the law clearly proscribed the actions they took C. holding that while a witness and prosecutor were protected by absolute immunity for their participation in judicial proceedings they were not entitled to absolute immunity on a 1983 claim that they conspired to present false testimony D. holding that prosecutors are absolutely immune from claims alleging conspiracy to present false testimony but witnesses including police officerwitnesses are not absolutely immune from such claims E. holding that while witnesses enjoy absolute immunity for their actions in testifying they are not immune for extrajudicial actions such as an alleged conspiracy to present false testimony

assistant: The best answer is E. holding that while witnesses enjoy absolute immunity for their actions in testifying they are not immune for extrajudicial actions such as an alleged conspiracy to present false testimony
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: resulting injury.” Id. at 643, 904 P.2d at 1068. We note, however, that DeFeo also contains the following language: “Without an explicit waiver, the Nation is immune from suit in state court — even if the suit results from commercial activity occurring of the Nation’s reservation.” Id. {7} Worker next asserts that Lopez v. Ski Apache Resort, 114 N.M. 202, 836 P.2d 648 (Ct.App.1992), stands for the proposition that Ski Apache is not immune from suit where a skier was injured within the boundaries of New Mexico. However, the Court in Lopez makes no mention of tribal sovereign immunity. {8} Worker also argues that commercial off-reservation activity by a tribal entity is not protected by sovereign immunity under Padilla v. Pueblo of Acoma, 107 N.M. 174, 179-80, 754 P.2d 845, 850-51 (1988) (<HOLDING>). Conversely, the Tribe asserts that Kiowa Options: A. holding that as a matter of federal law an indian tribe is subject to suit only where congress has authorized the suit or the tribe has waived its immunity B. holding that an indian tribe is subject to suit only where congress has authorized the suit or the tribe has waived its immunity C. holding that waiver in a sue and be sued clause is limited to actions involving the corporate activities of the tribe and does not extend to actions of the tribe in its capacity as a political governing body D. holding that the state has no jurisdiction to pursue an indian onto an indian reservation for criminal offenses committed off the reservation E. holding that the district court may exercise jurisdiction over an indian tribe when the tribe is engaged in activity off of the reservation as an unincorporated association registered and authorized to do business in this state and is sued in that capacity for breach of a written contract

assistant: The best answer is E. holding that the district court may exercise jurisdiction over an indian tribe when the tribe is engaged in activity off of the reservation as an unincorporated association registered and authorized to do business in this state and is sued in that capacity for breach of a written 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: and Waste Control Specialists. LLC v. Sierra Club, appellate cause number. 03-12-00335-CV. 4 . See Sierra Club v. Texas Commission on Environmental Quality, cause number D-l-GN-12-001586. 5 .Despite this, the trial court issued a written order denying the motion twenty days after the deadline for ruling on the motion had passed. The order — though included in the record on appeal — is of no effect. Jain v. Cambridge Petroleum Grp., Inc., 395 S.W.3d 394, 396 (Tex.App.-Dallas 2013, no pet.) ("The trial court's signing the order denying the motion [to dismiss pursuant to the Act] after it was already denied by operation of law is legally of no effect because the motion to dismiss was already denied.”); reran v. Fryer, 586 S.W.2d 699, 700 (Tex.Civ.App.-Cor-pus Christi 1979, writ ref'd) (<HOLDING>). 6 . Appellees also insist that Sierra Club Options: A. holding that an order purporting to amend a judgment was void because it was entered after the trial court had lost jurisdiction to rule on the parties postjudgment motions B. holding court lost jurisdiction to enter its order after thirty days and the motion was denied by operation of law C. holding trial court did not abuse discretion in denying motion for new trial by operation of law because motion was not properly presented even though a notice of presentment was filed and the docket sheet contained an entry for the motion having been filed D. holding that a district courts order of dismissal with prejudice was a nullity because the court lacked jurisdiction E. holding that an order purporting to overrule a motion for new trial that had already been overruled by operation of law was a nullity

assistant: The best answer is E. holding that an order purporting to overrule a motion for new trial that had already been overruled by operation of law was a nullity
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: Regardless of any action the Company takes with respect to any or all income tax, social insurance, payroll tax, payment on account or other tax-related items related to the Participant’s participation in the Plan and legally applicable to the Participant (“Tax-Related Items”), the Participant acknowledges that the ultimate liability for all Tax-Related Items is and remains the Participant’s responsibility and may exceed the amount actually withheld by the Company. The Participant further acknowledges that the Company (1) makes no representations or undertakings regarding the treatment of any Tax-Related Items in connection with any aspect to the Restricted Stock Units, including, but not limited to, the grant, vesting or settlement of the Restricted Stock Units, the issuance of Shares upon settlement of the Restricted Stock Units, the subsequent sale of Shares acquired pursuant to such issuance and the receipt of any dividends and/or dividend equivalents; and (2) does not commit to and are under no obligation to structure the terms of any Award to reduce or eliminate Participant’s liability for Tax-Related Items or achieve any particular tax result. Further, if the Participant becomes subject to tax in more than one jurisdiction between the date of grant and the date of any relevant taxable event, the Participant acknowledges that the Company may be required to withhold or account for Tax-Related Items in more than one jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to judicial efficiency and simplification of process.”). In addition, allowing concurrent jurisdiction in the Superior Court guarantees the parties’ right to a jury trial in those actions in which either party desires a jury trial. See Me. Const. art. I, § 20 (“In all civil suits, and in all controversies concerning property, the parties shall have a right to a trial by jury....”); Plimpton v. Gerrard, 668 A.2d 882, 887 (Me.1995) (noting that a plaintiff seeking damages cannot demand a jury trial in the Probate Court). Having the case adjudicated in the Superior Court likewise protects the rights of the surety, who, as a party to the suit, can assert affirmative defenses and counterclaims directly against the plaintiff. See, e.g., Woodbury v. Hammond, 54 Me. 332, 340-42 (1866) (<HOLDING>). [¶ 15] In sum, our recognition of the Options: A. holding that a defendants sentence is controlled by the law in effect at the time he committed the offense B. holding where movant asserts several grounds in support of its summary judgment motion and the trial court does not specify the grounds on which judgment was granted the reviewing court can affirm the judgment if any of the grounds are meritorious C. holding that under the probate statute in effect at the time a surety could not appeal a judgment entered in a probate proceeding on grounds that the plaintiff committed fraud but could do so in a common law court where he was amply protected D. holding district court of appeal in error for reversing summary judgment entered for defendant so that plaintiff could plead fraudulent concealment on remand for the first time E. holding that where the law is unsettled at the time of trial but settled by the time of appeal the plainness of the error should be judged by the law at the time of appeal

assistant: The best answer is C. holding that under the probate statute in effect at the time a surety could not appeal a judgment entered in a probate proceeding on grounds that the plaintiff committed fraud but could do so in a common law court where he was amply protected
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: according to the facts and circumstances of each case. Ponce-Leiva, 331 F.3d at 377 (quoting Baires v. INS, 856 F.2d 89, 91 (9th Cir. 1988) (citation omitted)). In this case, the BIA justified its affirmance of the IJ’s decision on the basis that Faustino lacked both an approved visa petition and an approved labor certification, thus he had not established eligibility for adjustment of status. Given Faustino’s failure to offer evidence that he was eligible for an immigrant visa or that one was immediately available to him at the time the application was filed, and that the decision to adjust the status of an alien is ultimately within the discretion of the Attorney General, the BIA did not abuse its discretion in affirming the IJ’s denial of Faustino’s continuance request. Id. at 371 (<HOLDING>); Onyeme v. INS, 146 F.3d 227, 233 (4th Options: A. holding the immigration judges denial of a continuance request did not constitute an abuse of discretion B. holding denial of continuance to be an abuse of discretion C. holding that there was no abuse of discretion in allowing a defendants surprise fact witness to testify because the plaintiff did not request a continuance D. holding that denial of untimely request was not abuse of discretion E. holding that the judges restriction of the class was not an abuse of discretion

assistant: The best answer is A. holding the immigration judges denial of a continuance request did not constitute an abuse of discretion
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 authorized capital stock of the Company and the shares thereof issued and outstanding as of September 27, 2018, are set forth on Schedule 2.1(c) hereto. All of the outstanding shares of the Company’s Common Stock and any other security of the Company have been duly and validly authorized. No shares of Common Stock or any other security of the Company are entitled to preemptive rights or registration rights and there are no outstanding options, scrip, rights to subscribe to, call or commitments of any character whatsoever relating to, or securities or rights convertible into, any shares of capital stock of the Company. Furthermore, except as set forth on Schedule 2.1(c) hereto, there are no contracts, commitments, understandings, or arrangements by which the Company is or may become bound to issue additional shares of the capital stock of the Company or options, securities or rights convertible into shares of capital stock of the Company. Except for customary transfer restrictions contained in agreements entered into by the Company in order to sell restricted securities or as provided on Schedule 2.1(c) hereto, the Company is not a party to or bound by any agreement or understanding granting registration or anti-dilution rights to any individual or corporation, partnership, trust, incorporated or unincorporated association, joint venture, limited liability company, joint stock company, government (or an agency or subdivision thereof) or other entity of any kind (each, a “ Person ”) with respect to any of its equity or debt securities. The Company is not a party to, and it has no knowledge of, any agreement or understanding restricting the voting or transfer of any shares of the capital stock of the Company. The offer and sale of all capital stock, convertible securities, rights, or options of the Company issued prior to the Closing complied with all applicable federal and state securities laws, and no holder of such securities has a right of rescission or claim for damages with respect thereto which could have a Material Adverse Effect.

assistant: Capitalization
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 CEO, you will report directly to the TSI’s Board of Directors, and will perform the duties and services assigned to you by the Company and traditionally carried out by the Company’s CEO. You shall also serve as an officer of any affiliate of the Company as designated by the Company. You shall devote a majority of your time and attention to the affairs of the Company and to your duties on the Company’s behalf. Your employment will be subject to all Company policies, procedures and practices as may currently exist or as may be modified or implemented in the future, including our Code of Ethics and Business Conduct and Employee Handbook. In addition, by accepting employment with the Company, you agree to enter into, and comply with, the Company’s Confidentiality and Non-solicitation Agreement (the “Confidentiality Agreement”) and to arbitrate any disputes arising out of your employment as set forth in the Company’s Dispute Resolution Program. These documents will be provided to you as part of your hire package and you will be required to sign them prior to beginning your employment with the Company.

assistant: Positions
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 historical financial statements, together with related notes, included in Holdings’ annual report on Form 10-K for the year ended October 31, 2015 and in Holdings’ quarterly reports for the quarterly periods ended January 31, 2016 and April 30, 2016 (collectively, the “ Historical Financial Statements ”), present fairly the consolidated financial position, results of operations and changes in financial position of Holdings and its subsidiaries, on the basis stated therein and at the respective dates or for the respective periods to which they apply; such Historical Financial Statements have been prepared in accordance with GAAP consistently applied throughout the periods involved, except as disclosed therein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and its Subsidiaries have filed all federal Tax returns and reports required to be filed, and have paid all federal Taxes, assessments, fees and other governmental charges levied or imposed upon them or their Properties, income or assets otherwise due and payable, except those which are being contested in good faith by appropriate proceedings and for which adequate reserves have been provided in accordance with GAAP. The Company and its Subsidiaries have filed all state and other non-federal Tax returns and reports required to be filed, and have paid all state and other non-federal Taxes, assessments, fees and other governmental charges levied or imposed upon them or their Properties, income or assets prior to delinquency thereof, except those which (x) are being contested in good faith by appropriate proceedings and for which adequate reserves have been provided in accordance with GAAP or (y) need not be paid pursuant to an order of the Bankruptcy Court or pursuant to the Bankruptcy Code. To the knowledge of the Responsible Officers of the Company, there is no proposed Tax assessment against the Company or any Subsidiary that would, if made, reasonably be expected to have a Material Adverse Effect.

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 legal provision and list the applicable contract clause categories. Provision: Except as set forth in the SEC Reports, none of the executive officers or directors of the Company and, to the Company’s knowledge, none of the employees of the Company is presently a party to any transaction with the Company or any Subsidiary (other than for services as employees, officers and directors), that would be required to be disclosed pursuant to Item 404 of Regulation S-K promulgated under the Securities Act and the Exchange Act.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No oral agreement, statement, promise, undertaking, understanding, arrangement, act or omission of any Party, occurring subsequent to the date hereof may be deemed an amendment or modification of this Settlement Agreement unless reduced to writing and signed by the Parties hereto or their respective successors or assigns.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: foreclosure complaint in its own name on behalf of owner and holder of note and servi-cer that merely verifies’ complaint filed in name of owner and holder of note); Deutsche Bank Nat’l Tr. Co. v. Huber, 137 So.3d 562, 564 (Fla. 4th DCA 2014) (finding error with trial court’s* determination that appellant’s servicing agent lacked standing to bring foreclosure action on appellant’s behalf when record “clearly reflected]” that appellant filed foreclosure complaint on its own behalf and that servicing agent merely verified complaint); see also US Bank Nat’l Ass’n v. Marion, 122 So.3d 398, 399 (Fla. 2d DCA 2013) (reversing dismissal on basis that servi-cer’s employee verified bank’s foreclosure complaint); Deutsche Bank Nat’l Tr. Co. v. Prevratil, 120 So.3d 573, 576 (Fla. 2d DCA 2013) (<HOLDING>). Moreover, noteholder-plaintiffs routinely Options: A. holding a trial court commits fundamental error by failing to follow florida rule of juvenile procedure 8150 the juvenile rule equivalent of florida rule of criminal procedure 3830 B. holding that an ineffective grievance procedure bars employers defense based on that procedure C. holding that florida rule of civil procedure 1110 does not require that verification be based on personal knowledge D. holding that rule 45b does not require personal service E. holding that trial court has no jurisdiction after litigation is concluded except in very limited circumstances on a motion for relief from judgment under florida rule of civil procedure 1540

assistant: The best answer is C. holding that florida rule of civil procedure 1110 does not require that verification be based on personal knowledge
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 indemnify the Executive and hold the Executive harmless to the fullest extent permitted by law and under the charter and by-laws of the Company (including the advancement of expenses) against, and with respect to, any and all actions, suits, proceedings, claims, demands, judgments, costs, expenses (including reasonable attorneys’ fees), losses and damages resulting from the Executive’s good faith performance of his duties and obligations with the Company and the Affiliated Entities.

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: (6th Cir.2000) (noting that federal question jurisdiction may exist for a case based on a state law cause of action “if a substantial federal question of great federal interest is raised by a complaint framed in terms of state law, and if resolution of that federal question is necessary to the resolution of the state-law claim”). It is not enough that a federal issue is merely present in a state law cause of action. See Merrell Dow Pharm., Inc. v. Thompson, 478 U.S. 804, 813, 106 S.Ct. 3229, 92 L.Ed.2d 650 (1986). In addition, jurisdiction does not exist if only one of the plaintiffs alternate theories for its claim requires resolution of a federal question. See Christianson v. Colt Indus. Operating Corp., 486 U.S. 800, 810, 108 S.Ct. 2166, 100 L.Ed.2d 811 (1988); Long, 201 F.3d at 761 (<HOLDING>). Rather, the federal element must truly be Options: A. holding that the federal district courts dismissal of the plaintiffs federal claims deprived the court of its jurisdiction over the remaining state law claims arising from the same incident B. holding that in diversity cases federal courts are to apply state substantive law and federal procedural law C. holding federal courts are bound by state court determinations of state law D. holding that the plaintiffs state law claims are preempted by federal law E. holding that plaintiffs complaint did not invoke federal courts arising under jurisdiction because it put forth alternate state and federal policies to support its state law claim

assistant: The best answer is E. holding that plaintiffs complaint did not invoke federal courts arising under jurisdiction because it put forth alternate state and federal policies to support its state law claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Nat’l Bank & Trust Co. of Marquette, 717 F.2d 1016, 1020 (6th Cir.1983); see also Jerry v. UAW-Local 735, 818 F.2d 866 (6th Cir.1987) (unpublished table decision) (“A ruling on a Rule 60(b), Federal Rules of Civil Procedure, motion to vacate is appealable.... ”). As other courts have noted in addressing the appealability of Rule 60(b) orders, “the finality of such orders derives from the finality of the underlying judgment upon which relief is sought.” Mason v. Integrity Ins. Co. (In re Mason), 709 F.2d 1313, 1315 (9th Cir.1983). In this case, the underlying order — the supplemental sale order — is itself a final order. See Precision Indus., Inc. v. Qualitech Steel SBQ, LLC, 327 F.3d 537, 543 (7th Cir.2003); cf. Winget v. JP Morgan Chase Bank, N.A., 537 F.3d 565, 579 (6th Cir.2008) (<HOLDING>). In concluding that this court lacks appellate Options: A. holding that a bankruptcy courts sale order is a final order for res judicata purposes B. holding that a bankruptcy order is not final unless it 1 C. holding that an unappealed contempt order by a bankruptcy court is a final judgment on the merits for res judicata purposes D. holding that res judicata did not apply where a trial courts order was not a final judgment E. holding that an unappealed order is a final judgment on the merits for res judicata purposes

assistant: The best answer is A. holding that a bankruptcy courts sale order is a final order for res judicata purposes
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: Employee shall be engaged in full-time employment by SDSP as SDSP's Chief Executive Officer. Employee shall use Employee's best efforts to promote the interests of SDSP and shall devote such time, energy and skill as may be required to perform Employee's duties under this Agreement. The duties and responsibilities of Employee shall include those duties and responsibilities consistent with Employee's employment position with SDSP and such other duties and responsibilities that SDSP, acting through its Board of Managers, from time to time may assign to Employee. If requested by SDSP's Board of Managers, Employee's duties shall include general management and oversight of any affiliates of SDSP.

assistant: Duties
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 JOINDER AGREEMENT, AND ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS JOINDER AGREEMENT (WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE) SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK WITHOUT REGARD TO CONFLICTS OF LAW RULES THAT WOULD RESULT IN THE APPLICATION OF A DIFFERENT GOVERNING LAW (OTHER THAN ANY MANDATORY PROVISIONS OF THE UCC RELATING TO THE LAW GOVERNING PERFECTION AND THE EFFECT OF PERFECTION OR PRIORITY OF THE SECURITY INTERESTS IN THE COLLATERAL).

assistant: Governing 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 legal provision and list the applicable contract clause categories. Provision: Except as specifically noted, this Agreement constitutes the entire agreement between the parties with respect to the Services. This Agreement supersedes all prior oral or written communications or agreements of the parties with respect to the Services. This Agreement may be amended only by a writing executed by the parties.

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: No Person will have, as a result of the transactions contemplated by this Agreement, any valid right, interest or claim against or upon the Company or the Purchaser for any commission, fee or other compensation pursuant to any agreement, arrangement or understanding entered into by or on behalf of the Purchaser.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or other charges caused by the improper debiting of funds — I do not believe it can fairly be said that the account holders have suffered any actual pecuniary harm from the temporary deprivation of access to their funds. Rather, they have sustained an inconvenience and a headache, which I do not dispute can be of serious proportions. To the extent the account holders’ inconvenience can be monetized in the form of lost vacation days, phone calls and letters to the bank and credit reporting agencies, unreimbursed expenses for replacement checks and so on, then I agree that the account holders have sustained a reasonably foreseeable, actual pecuniary loss that is sufficient to count them as “victims” under the Guidelines. See United States v. Abiodun, 536 F.3d 162, 168-69 (2d Cir.2008) (<HOLDING>). This is what I understand to be the holding Options: A. holding that reimbursed account holders may be victims under 2b11 based on loss of time that can be measured in monetary terms B. holding that the loss of money from a bank account does not constitute irreparable harm because that loss can be compensat ed by money damages C. holding that mental capacity may be considered on issue of victims intent D. holding that an insured mortgagees loss under a title insurance policy cannot be measured until the note has not been repaid and the security for the mortgage is shown to be inadequate E. holding that the loss of trade secrets cannot be measured in money damages

assistant: The best answer is A. holding that reimbursed account holders may be victims under 2b11 based on loss of time that can be measured in monetary 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 case excerpt and choose the best holding from the options. Case excerpt: is signed. Tex.R.App.P. 41(a)(1). The Bank argues that the Restre-pos’ failure to file their affidavit in the cause number assigned to the severed party within thirty days of the severance deprives this Court of jurisdiction. A court of appeals has jurisdiction over an appeal when an appellant files an instrument that is “a bona fide attempt to invoke appellate court jurisdiction.” City of San Antonio v. Rodriguez, 828 S.W.2d 417, 418 (Tex.1992) (per curiam); Mu on for new trial filed under old cause number, but seeking new trial as to a severed party, extends the appellate timetable and allows perfection of an appeal as a bona fide attempt to invoke appellate jurisdiction, making the court of appeals’ dismissal improper); Grand Prairie Independent School Dist., 813 S.W.2d at 500 (<HOLDING>). III. CONCLUSION We hereby give notice Options: A. holding that a notice of appeal filed when an appeal bond is required to perfect is a bona fide attempt to invoke appellate jurisdiction and that the court of appeals dismissal was improper without first affording an opportunity to correct the defective perfection of appeal B. holding that notice of appeal filed under the wrong docket number is a bona fide attempt to invoke appellate jurisdiction and that the court of appeals dismissal was improper C. holding that the court did not have jurisdiction to hear an appeal after an untimely filing of a notice of appeal D. holding that an appeal is perfected when the appeal bond is filed E. holding that prejudice should be presumed where counsel filed notice of appeal but failed to perfect the direct appeal

assistant: The best answer is A. holding that a notice of appeal filed when an appeal bond is required to perfect is a bona fide attempt to invoke appellate jurisdiction and that the court of appeals dismissal was improper without first affording an opportunity to correct the defective perfection of appeal
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: pursuing the public interest in a discrimination-free work place, and it must be allowed to do so in federal court, as authorized by the ADA, notwithstanding the charging party’s agreement to arbitrate. In seeking to “vindicate rights belonging to the United States as sovereign,” EEOC v. Goodyear Aerospace Corp., 813 F.2d 1539, 1543 (9th Cir.1987) (internal quotation marks and citation omitted), which are not necessarily identical to the interests of the individual charging party, the EEOC’s course of conduct should not be affected by the actions of an individual in entering into a private arbitration agreement. See Part III, supra. In similar contexts where charging parties have been deprived of their right to sue either by settling their claims or having their claims dism Cir.1990) (<HOLDING>); Harris Chernin, 10 F.3d at 1291 (following Options: A. holding that the pjlaintiff was not seeking the enforcement of a final eeoc order because he specifically requested more relief than the eeoc awarded B. holding that the doctrine of res judicata barred the eeoc from seeking individualized benefits under the adea on behalf of individuals whose own suits were unsuccessful because the eeoc was in privity with those individuals C. holding that in light of a worksharing agreement between the state agency and the eeoc a charge of discrimination filed with the state agency was properly filed with the eeoc on the same date D. holding res judicata also applies to those in privity with parties E. holding that neither the faa nor principles of preclusion or waiver could operate to bar the eeoc from seeking monetary relief on behalf of aggrieved individuals

assistant: The best answer is B. holding that the doctrine of res judicata barred the eeoc from seeking individualized benefits under the adea on behalf of individuals whose own suits were unsuccessful because the eeoc was in privity with those individuals
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: Nextel may have cancelled H & J’s service for’lack of payment or that H & J went out of business, because in a FDUTPA action, the measure of actual damages is the difference in the market value of the product or service in the condition in which it was delivered and its market value in the condition in which it should have been delivered according to the contract of the parties. A notable exception to the rule may exist when the product is rendered valueless as a result of the defect — then the purchase price is the appropriate measure of actual damages. Rollins, Inc. v. Heller, 454 So.2d 580, 585 (Fla. 3d DCA 1984)(quoting Raye v. Fred Oakley Motors, Inc., 646 S.W.2d 288, 290 (Tex.App.1983)) (citations omitted); see Coghlan v. Wellcraft Marine Corp., 240 F.3d 449, 453 (5th Cir.2001)(<HOLDING>); Urling v. Helms Exterminators, Inc., 468 Options: A. holding that if respondents suit is one for permanent damages to the land the measure of damages is the decreased value of the land B. holding that the measure of damages of converted property is the market value at the time of conversion C. holding that a cause of action on the theory of strict liability may be properly pled by alleging 1 the manufacturers relationship to the product in question 2 the unreasonably dangerous condition of the product and 3 the existence of a proximate causal connection between the condition of the product and the plaintiffs injury D. holding that the measure of damages in fdupta actions is the value of the product as promised minus the value of the product delivered E. holding the measure of damages is the difference between the value of the automobile prior to the upset and its value when prepared and presented to the plaintiff for acceptance

assistant: The best answer is D. holding that the measure of damages in fdupta actions is the value of the product as promised minus the value of the product delivered
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 cause of action that they were forced to resign, and that all three plaintiffs were harassed, in retaliation for their complaints about Ayed’s allegedly sexually inappropriate behavior with students and other faculty members. This is a First Amendment claim, but it is dismissed for the following reasons. 1. Applicable Law To establish that defendants violated plaintiffs’ First Amendment speech rights, plaintiffs must establish that (1) the speech at issue was protected; (2) they suffered an adverse employment action; and (3) there was a causal connection between the protected speech and the adverse employment action. Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 283-85, 97 S.Ct. 568, 50 L.Ed.2d 471 (1977); Sheppard v. Beerman, 317 F.3d 351, 355 (2d Cir.2003) (<HOLDING>); see 42 U.S.C. § 1981. “A State cannot Options: A. holding that in userra discrimination actions there must be an initial showing by the employee that military status was at least a motivating or substantial factor B. holding that an indictment for capital murder must contain at least one aggravating factor C. holding that a contentneutral regulation of protected speech must be narrowlytailored but it need not be the least restrictive or least intrusive means of doing so D. holding that speech must be at least a substantial or motivating factor in the discharge quotations omitted E. holding that where the immediate cause or motivating factor of a discharge is the employees assertion of statutory rights the discharge is discriminatory under section 215a3 whether or not grounds for other discharge exist

assistant: The best answer is D. holding that speech must be at least a substantial or motivating factor in the discharge quotations omitted
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: For a period of eighteen (18) months following the end of the Employment Period, the Executive shall, upon the Company’s reasonable request and in good faith and with the Executive’s commercially reasonable efforts and subject to the Executive’s reasonable availability, cooperate and assist the Company in any dispute, controversy, or litigation in which the Company may be involved and with respect to which the Executive obtained knowledge while employed by the Company or any of its affiliates, successors, or assigns, including, but not limited to, participation in any court or arbitration proceedings, giving of testimony, signing of affidavits, or such other personal cooperation as counsel for the Company shall request. Any such activities shall be scheduled, to the extent reasonably possible, to accommodate the Executive’s business and personal obligations at the time. The Company shall pay the Executive’s reasonable travel and incidental out-of-pocket expenses incurred in connection with any such cooperation.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: however , if someone is violating these terms or misusing the service , please let us know by using a `` report abuse '' link provided in the service or contact us at customer support , or for black diamond slots , email support@risingtidegames.com , or , if your report relates to naturalmotion games , you may also contact us through the `` support '' link on that game 's page found on naturalmotion 's website .

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: Thus, New Jersey not only permits, but also encourages the bringing of private class actions . 464, 541 A.2d 1063, (1988) (involving the sale of a power boat with a defective engine, but in which the court held that plaintiff had failed to prove an unconscionable commercial practice had been utilized by defendant in making the sale); Varacallo v. Mass. Mut. Life Ins. Co., supra., 332 N.J.Super. at 40-45, 752 A.2d 807, (involving class action certification on behalf, of purchasers of “vanishing premium” whole life insurance policies which plaintiffs contended defendant sold by withholding material information as to its dividend rates which plaintiffs contended defendant had knowingly and intentionally inflated). Sheer v. EMK Motors Inc., 187 N.J.Super. 465, 455 A.2d 508 (App.Div.1982) (<HOLDING>). For cases allowing recovery of statutory Options: A. recognizing that the njcfa is directed primarily at deception misrepresentation and unconscionable practices engaged in by professional sellers seeking mass distribution of many types of consumer goods B. holding that defendant had engaged in deceptive practices in violation of the njcfa by violating the new jersey administrative code C. holding that statutory damages were appropriate for each discrete violation of that states deceptive trade practices act D. recognizing that pennsylvania had no interest in denying its residents the greater damages available under new jersey consumer fraud statutes for claims against a new jersey seller E. recognizing israel had no interest in denying its citizens the substantive advantages of new jersey defamation law in new jersey residents claims for defamation published in new jersey

assistant: The best answer is B. holding that defendant had engaged in deceptive practices in violation of the njcfa by violating the new jersey administrative code
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: Evidence of insurance coverage for Borrower and the Sugar Camp Mine satisfying the requirements of the Transaction Documents, which insurance shall be in form and substance reasonably satisfactory to Administrative Agent, together with evidence that such policy or policies are in full force and effect, shall have been delivered to Administrative Agent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: would “compl[y] with all required regulations and standards;” (3) that the development, unless deemed a public necessity, would “maintain or enhance the value of contiguous property;” and (4) that the development “conform[ed] with the general plans” for Town development. Piney Mountain, 63 N.C. App. at 248, 304 S.E.2d at 254. Likewise, ordinances at issue in Rauseo v. New Hanover County, 118 N.C. App. 286, 290, 454 S.E.2d 698, 701 (1995), Vulcan Materials Co. v. Guilford County Bd. of Comm’rs, 115 N.C. App. 319, 323, 444 S.E.2d 639, 642, disc. review denied, 337 N.C. 807, 449 S.E.2d 758 (1994), and Petersilie v. Town of Boone Bd. of Adjustment, 94 N requirements under Asheville’s City Code. Cf. Three Guys Real Estate v. Harnett County, 345 N.C. 468, 473, 480 S.E.2d 681, 684 (1997) (<HOLDING>). The City “may not create new requirements not Options: A. holding plain language compelled that reading B. holding when ordinance language is clear courts must give language its plain meaning C. holding that the plain language of the regulations requires a claimant to have an intent to file a claim for va benefits D. holding that general statement of intent does not override plain language of statute E. holding that in construing statute courts must first look to its plain language

assistant: The best answer is D. holding that general statement of intent does not override plain language of statute
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: ed. 2000)). In the legal malpractice context, injury is the invasion of another’s legal interest, while damages are the monetary value of those injuries. Id. The Huffs were injured by Mr. Roach when he missed the statute of limitations, effectively invading their legal interes 992) (finding statute of limitations did not begin to run until final judgment was entered, although plaintiff was aware of attorney’s failure to present crucial evidence prior to that date); Inc. v. Drakulich, 107 Nev. 367, 369-70, 811 P.2d 1305 (1991) (finding statute of limitations for legal malpractice does not begin to run until the conclusion of the underlying litigation; until then, the element of injury or damage remains speculative and remote); Johnson v. Cornett, 474 N.E.2d 518, 519 (Ind. Ct. App. 1985) (<HOLDING>). f 16 Adopting the Huffs’ proposed exception Options: A. holding attorney negligence did not result in damage until dissolution order in divorce proceeding became final B. holding that order awarding attorney fees in amount to be determined at later date was not final appealable order C. holding that a courts custody order was not a final order and not appealable with a rule 304a finding because a petition for dissolution advances a single claim D. holding that an order pending divorce is not a final judgment that creates a right of appeal E. holding that section 4523755 provides that a third party may intervene in a case in which custody is at issue only in a dissolution of marriage action or a modification of a dissolution proceeding and reversing the circuit courts order permitting a grandmother to intervene in an adoption proceeding for the purposes of obtaining visitation

assistant: The best answer is A. holding attorney negligence did not result in damage until dissolution order in divorce proceeding became final
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT AND ANY CLAIMS, CONTROVERSY, DISPUTE OR CAUSE OF ACTION (WHETHER IN TORT OR OTHERWISE) BASED ON, ARISING OUT OF OR RELATING TO THIS GUARANTY AND THE TRANSACTIONS CONTEMPLATED HEREBY SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK WITHOUT REGARD TO CONFLICTS OF LAWS (OTHER THAN SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAWS).

assistant: Governing Laws