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: which would constitute unlawful activity for purposes of The Travel Act is extortion, and for the reasons stated above, Plaintiff has not plead extortion. D. Additional RICO Infirmities The Complaint also fails to state a RICO claim for reasons unique to each subsection of § 1962. To state a violation of § 1962(a), Plaintiff must allege that Defendants used income received from a pattern of racketeering activity to acquire an interest in or establish an enterprise engaged in or affecting interstate commerce. The Complaint fails to allege that Defendants received income from racketeering activity, acquired an interest in an enterprise, or established an enterprise. Therefore, for the reasons mentioned above, no violation of § 1962(a) has been stated. See Morin, 835 F.Supp. 126, 131-32 (<HOLDING>). No violation of § 1962(b) is stated because Options: A. recognizing that it is difficult to understand how a corporation can acquire or maintain an interest in itself through a pattern of racketeering activity and that 1962b may require that the person and enterprise be distinct entities B. holding that to state a 1962a claim plaintiff must allege that the defendants received income derived from a pattern of racketeering activity and invested it in the acquisition of any interest in or the establishment or operation of a rico enterprise C. holding that instructions allowing a jury to find an enterprise from evidence of its activity as opposed to its structure properly conveyed the holding in turkette that proof of a pattern of racketeering activity may be sufficient in a particular case to permit a jury to infer the existence of an associationinfact enterprise D. holding that to state a subsection 1962a claim plaintiffs must allege a use or investment injury that is distinct from any injury resulting from the racketeering predicate acts themselves E. holding that to prevail under civil rico plaintiff must prove that defendants participated in the conduct of an enterprise through a pattern of racketeering activity

assistant: The best answer is B. holding that to state a 1962a claim plaintiff must allege that the defendants received income derived from a pattern of racketeering activity and invested it in the acquisition of any interest in or the establishment or operation of a rico enterprise
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: easement, i.e., once permission is granted by the landowner there is no longer adverse use or use under a claim of right. Accordingly, we find the Court of Appeals correctly cited Williamson as supporting authority for its decision. Rooted in Williamson, the law is well-established that evidence of permissive use defeats the establishment of a prescriptive easement because use that is permissive cannot also be adverse or under a claim of right. See Paine, 400 S.C. at 586, 735 S.E.2d at 538 (quoting Williamson and recognizing that a claimant’s permissive use of landowner’s property cannot begin to ripen into a prescriptive easement until the claimant makes a distinct and positive assertion of right hostile to the landowner); Horry Cnty. v. Laychur, 315 S.C. 364, 434 S.E.2d 259 (1993) (<HOLDING>); Williamson, 107 S.C. at 401, 93 S.E. at 16 Options: A. recognizing that a temporary use of property does not automatically create an expectation of privacy in that property B. holding evidence which established that use of property was permissive showed use of property was not adverse C. holding that the amendment was a use regulation which was in effect a condition on the use of property in the affected zone D. holding that adverse inference rule is permissive E. holding that allowing moderate use of the resources on the property was not inconsistent with exclusive use

assistant: The best answer is B. holding evidence which established that use of property was permissive showed use of property was not adverse
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, and the Company shall cause each of its Subsidiaries not to, directly or indirectly, enter into or be a party to any transaction, including any purchase, sale, lease, exchange or transfer of property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the Holder or holders of any Other Notes and their respective Affiliates) unless such transaction is on fair and reasonable terms and conditions no less favorable to Company or the relevant Subsidiary, as the case may be, than those that would have been obtained in a comparable transaction on an arm’s length basis from an unrelated Person.

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 case excerpt and choose the best holding from the options. Case excerpt: she “admitted that she was not permanently disabled and was capable of being gainfully employed”). To meet his burden of proof under the third prong, Marcotte has shown good faith efforts to repay his Loan by making payments for a significant period of time, continuing his payments until filing for chapter 7 relief and consolidating his Loan. Cf. Spence, 541 F.3d at 545 (stating that debtor did not make good faith efforts because she did not fully explore consolidating her student loans and filed for bankruptcy before making one payment); Mosko, 515 F.3d at 325 (finding that debtors’ payments on their student loans were insufficient to satisfy the third prong because they did not make payments when their income substantially exceeded their necessary expenses); Frushour, 433 F.3d at 402 (<HOLDING>). In addition, Marcotte has minimized his Options: A. holding debtor satisfied first prong even though she had cable television B. holding that debtor did not satisfy the third prong because she did not seek out loan consolidation options even though she made several payments on her student loan debt C. holding that the bankruptcy court lacked the power under 105a to grant the partial discharge of student loan debt when the debtor did not show undue hardship as required by statute D. holding admittedly in a heal loan context that congress did not intend to allow a debtor who spent decades not making loan payments even after working full time for several years to receive a discharge because his health begins to fail as he approaches retirement age E. holding that where parties to an oral loan agreed that the loan would be repaid on demand the statute of limitations did not begin to run until the date plaintiff demanded repayment of the loan

assistant: The best answer is B. holding that debtor did not satisfy the third prong because she did not seek out loan consolidation options even though she made several payments on her student loan debt
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 of this Agreement or any term, right or remedy hereunder shall be deemed waived unless such waiver is in writing and signed by the Party to be charged therewith. No failure or delay by a Party to insist upon the strict performance of any term of this Agreement, or to exercise any right or remedy as a consequence of a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any default shall affect or alter this Agreement, but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Pennsylvania State Ethics Comm ’n, 732 A.2d 174 (Pa. 1999) (citing Kapres v. Heller, 640 A.2d 888 (Pa. 1994)). Summary judgment is proper only when the uncontroverted allegations of record and submitted affidavits demonstrate that no genuine issue of material fact exists, and that the moving party is entitled to judgment as a matter of law. Potter v. Herman, 762 A.2d 1116, 1117 (Pa. Super. 2000). To dispose of the pending motion for summary judgment in an efficient manner, the court will first address LaS cola’s challenge to improper and untimely service of process. A party who fails to object to service of process in the form of preliminary objections waives that claim. Cinque v. Asare, 585 A.2d 490, 492 (Pa. Super. 1990); Martin v. Gerner, 481 A.2d 903, 907 (Pa. Super. 1984) (<HOLDING>). LaScola’s current counsel filed an entry of Options: A. holding that defects in service of process must be raised in preliminary objections B. holding that when defects in a petition raise a question of the trial courts subject matter jurisdiction over the action the issue may properly be raised for the first time on appeal C. holding that a hearing must be held to determine credibility in preliminary injunction cases D. holding that removing defendant could not establish fraudulent joinder based on waivable defenses of lack of personal jurisdiction or defects in service of process available only to joined defendants E. holding that former husband waived any defects in service of process by appearing at the first contempt proceeding

assistant: The best answer is A. holding that defects in service of process must be raised in preliminary objections
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 may terminate the Executive’s employment if he is disabled and unable to perform the essential functions of the Executive’s then existing position or positions under this Agreement with or without reasonable accommodation for a period of 180 days (which need not be consecutive) in any 12-month period. If any question shall arise as to whether during any period the Executive is disabled so as to be unable to perform the essential functions of the Executive’s then-existing position or positions with or without reasonable accommodation, the Executive may, and at the request of the Company shall, submit to the Company a certification in reasonable detail by a physician selected by the Company to whom the Executive or the Executive’s guardian has no reasonable objection as to whether the Executive is so disabled or how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. The Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and the Executive shall fail to submit such certification, the Company’s determination of such issue shall be binding on the Executive. Nothing in this Section 3(b) shall be construed to waive the Executive’s rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq. and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq.

assistant: Disability
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 SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF DELAWARE, WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PRINCIPLES THEREOF.

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 case excerpt and choose the best holding from the options. Case excerpt: and (c) implies that Congress intended to create legal and equitable actions, putting each into a different subsection”). Accordingly, it is clear that the disgorgement remedy the Government seeks under Section 1964(a) is equitable in nature. Second, the only court to squarely determine whether defendants have a Seventh Amendment right to a jury trial in a Section 1964(a) action brought by the Government to obtain disgorgement of the defendants’ profits, held that such a right did not exist. See United States v. Int’l Bhd., of Teamsters, et al., 708 F.Supp. 1388, 1407-08 (S.D.N.Y.1989). Third and finally, civil suits to obtain disgorgement of profits or restitution have traditionally and repeatedly been characterized as equitable in nature. See Feltner, 523 U.S. at 352, 118 S.Ct. 1279 (<HOLDING>); Terry, 494 U.S. at 570, 110 S.Ct. 1339 (“we Options: A. recognizing that wilson v garcia requires all 1983 actions to be characterized as personal injury tort actions for statute of limitations purposes B. recognizing that employment actions can be adverse even if such actions are subsequently withdrawn C. recognizing those actions for monetary relief that we have characterized as equitable such as actions for disgorgement of improper profits D. recognizing a limited exception for an accounting for profits a form of equitable restitution E. holding that if state law provides multiple statutes of limitations for personal injury actions the general or residual statute for personal injury actions should be used for 1983 actions

assistant: The best answer is C. recognizing those actions for monetary relief that we have characterized as equitable such as actions for disgorgement of improper profits
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 execution, delivery and performance of this Agreement by Seller does not, and will not, (a) violate any provision of its charter or bylaws or (b) other than a violation, breach, contravention or default that could reasonably be expected to, individually or in the aggregate, have a Material Adverse Effect, and subject to the receipt of the Regulatory Approvals, violate or constitute a breach or contravention of, or default under, (i) any Law to which Seller is subject or (ii) any agreement or instrument of Seller, or by which Seller is otherwise bound, or to which any of the Assets, Assumed Deposits, or Assumed Contracts (except for any required consents under Assumed Contracts or certain Deposits in respect of the transactions herein contemplated) or the Branches are subject. Seller has all material licenses, franchises, permits, certificates of public convenience, orders and other authorizations of all foreign, federal, state and local governments and governmental authorities necessary for the lawful conduct of its business at the Branches as now conducted and all such licenses, franchises, permits, certificates of public convenience, orders and other authorizations are valid and in good standing and are not subject to any suspension, modification or revocation or proceedings related thereto.

assistant: No Conflicts
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 on or before the third Trading Day following the Closing Date, file a Current Report on Form 8-K including the Transaction Documents as exhibits thereto with the Commission (“ Form 8-K ”). The Company and each Purchaser shall consult with each other in issuing any press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, 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 unless the name of such Purchaser is already included in the body of the Transaction Documents, without the prior written consent of such Purchaser, except: (a) as required by federal securities law in connection with the filing of final Transaction Documents with the Commission and any registration statement contemplated by the Registration Rights Agreement, 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 case excerpt and choose the best holding from the options. Case excerpt: in question has authority to set policy in that particular area of municipal business. Hill v. Borough of Kutztown, 455 F.3d 225, 245 (3d Cir.2006). This normally involves looking at the specific statutory delegation of authority to the particular official position. See, e.g., McGreevy v. Stroup, 413 F.3d 359, 368-69 (3d Cir.2005). Second, a court must determine “whether the official’s authority to make policy in that area is final and unreviewable.” 455 F.3d at 245 (3d Cir.2006) (emphasis in original) (citing City of St. Louis v. Praprotnik, 485 U.S. 112, 126, 108 S.Ct. 915, 99 L.Ed.2d 107 (1988)). This second inquiry frequently involves looking to see whether any other official has supervisory authority over the specific action of the official in question. See, e.g., id. at 246 (<HOLDING>). b. Analysis Whether Catania issued an Options: A. recognizing the supervisory power of appellate courts B. holding that while town counsel had final supervisory authority over the hiring and firing of employees in plaintiffs position it did not have supervisory authority over the mayors constructive discharge of plaintiff C. holding that defendants supervisory position enabled her to embezzle funds while avoiding detection over a long period of time D. holding over E. holding that agent part of title viis definition of employer includes someone who serves in a supervisory position and exercises significant control over hiring firing or conditions of employment

assistant: The best answer is B. holding that while town counsel had final supervisory authority over the hiring and firing of employees in plaintiffs position it did not have supervisory authority over the mayors constructive discharge of plaintiff
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: we will not disturb the jury’s finding unless the verdict is insupportable as a matter of law. Id. Decided June 11, 2014. Trotter Jones, James S. V. Weston, for appellant. Ashley Wright, District Attorney, Titus T. Nichols, Assistant District Attorney, for appellee. Here, the circumstantial evidence demonstrated that Stokes’ DNA was on a cigarette butt found in the victim’s home with no explanation of any other reason it would be there, that Stokes was in the area of the burglary during the time period, that his clothing was wet and muddy when he was in the neighbor’s yard, and that some of the recovered items were also wet. This combined evidence was sufficient to support Stokes’ conviction under Jackson, 443 U. S. 307. See Marion v. State, 276 Ga. App. 553, 554 (623 SE2d 739) (2005) (<HOLDING>). “[Circumstantial evidence must exclude only Options: A. holding that circumstantial evidence alone is sufficient to support a cocaine conspiracy conviction B. holding that a conviction under a divisible statute could not qualify as acca burglary pursuant to the modified categorical approach when there were no shepard documents to show that the crime of conviction was generic burglary C. holding the trial court properly denied defendants motion for judgment of acquittal although defendant offered evidence as to how his fingerprints were placed on a candy box found at the scene of the crime D. holding that fingerprint evidence was insufficient to support a murder conviction in a case in which the prosecution depended upon a showing that defendants fingerprints were left on the murder weapon during the commission of the crime E. holding that defendants fingerprints atthe scene of the crime which were otherwise unexplained combined with circumstantial evidence was sufficient to support burglary conviction

assistant: The best answer is E. holding that defendants fingerprints atthe scene of the crime which were otherwise unexplained combined with circumstantial evidence was sufficient to support burglary conviction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Representative(s): means employees, agents, officers, professional advisers and Affiliates of the Recipient Party. In consideration of the mutual disclosure of Confidential Information the Recipient Party undertakes:- (d) not at any time, whether the negotiations proceed or not, to copy, disclose or otherwise make available to any third party without the written consent of the Disclosing Party, any of the Confidential Information of the Disclosing Party other than to its Representatives who are required for the Purpose to receive and consider the Confidential Information provided that the Recipient Party informs its Representatives of the confidential nature of the Confidential Information before disclosure and procures that its Representatives shall, in relation to any Confidential Information disclosed to them, comply with this Agreement as if they were the Recipient Party and the Recipient Party shall at all times be liable for the failure of any Representative to comply with the terms of this Agreement;

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party covenants that at any time, and from time to time, after the Closing, it will execute such additional instruments and take such actions as may be reasonably requested by the other parties to confirm or perfect or otherwise to carry out the intent and purposes of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: information to this proceeding, (2) prevent further disclosure, (3) is modeled on such agreements that have been published by federal district courts, and (4) is necessary because the protective order issued by the court on July 3, 2012 covers only the plaintiffs confidential business information and does not address that of the government or third parties. 3 . Which, for whatever reason, this "free” nation finds acceptable. But cf. U.S. Const. amend. V (Takings Clause). After all, the Takings Clause “provides that private property shall not ‘be taken for public use, without just compensation.’ " Lingle v. Chevron U.S.A. Inc., 544 U.S. 528, 536, 125 S.Ct. 2074, 161 L.Ed.2d 876 (2005) (quoting U.S. Const. amend. V). But cf. itm., e.g., J.P. v. DeSanti, 653 F.2d 1080, 1090 (6th Cir.1981) (<HOLDING>). This court, at any rate, was somewhat Options: A. holding that a private right of action exists B. holding that there is no private right of action against a state governmental entity for violations of the texas constitution C. holding that no private right of action exists D. holding that the constitution does not encompass a general right to nondisclosure of private information E. recognizing private right of action

assistant: The best answer is D. holding that the constitution does not encompass a general right to nondisclosure of private information
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 the Aggregate Revolving Credit Commitments or the Term Loan Facility are increased or an incremental term facility is provided in accordance with this Section 2.18 , Administrative Agent and Borrower Agent shall determine the effective date (the “ Increase Effective Date ”) and the final allocation of such Increase or incremental term facility. Administrative Agent shall promptly notify Borrower Agent and the Revolving Lenders or Term Lenders, as applicable, of the final allocation of such Increase or incremental term facility and the Increase Effective Date.

assistant: Effective Dates
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: Buyer acknowledges that the provisions of this Paragraph 11 have been required by Seller as a material inducement to enter into the contemplated transactions, and the intent and effect of such provisions have been explained to Buyer by Buyer’s counsel and have been understood and agreed to by Buyer.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 5.14 or as disclosed in writing to the Administrative Agent pursuant to Section 7.15 , (a) it has no Subsidiaries, (b) each of its Subsidiaries is a Wholly-Owned Subsidiary and (c) it has no Foreign Subsidiaries. As of the Closing Date, all Excluded Subsidiaries are listed on Schedule 5.14.

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: At any time during or after the period of employment with the Company, Employee shall comply with all Company policies concerning Inventions and shall fully cooperate with the Company and its attorneys and agents in the preparation and filing of all papers and other documents as may be required to perfect the Company’s rights in and to any of such Inventions, including, but not limited to, joining in any proceeding to obtain letters patent, copyrights, trademarks or other legal rights with respect to any such Inventions in the United States and in any and all other countries, provided that the Company shall bear the expense of such proceedings, and that any patent or other legal right so issued to Employee personally shall be assigned by Employee to the Company or its designee without any further compensation to Employee. Employee designates the Company as his or her agent, and grants to the Company a power of attorney with full power of substitution (which power of attorney shall be deemed coupled with an interest), for the purpose of effecting the foregoing assignments to the Company. Employee hereby waives and quitclaims to the Company any and all claims, of any nature whatsoever, which Employee now or may hereafter have for infringement of any Inventions assigned under this Agreement to the Company.

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 case excerpt and choose the best holding from the options. Case excerpt: improperly held in favor of Hanover on independent equitable grounds, which are not recognized as a defense to an avoidance action in bankruptcy. We address each argument in turn. A Earmarking The earmarking defense in bankruptcy is a judicially created exception to the statutory power of the bankruptcy trustee under § 547 to avoid or set aside an otherwise preferential transfer of assets. See McCuskey v. Nat’l Bank of Waterloo (In re Bohlen Enters., Ltd.), 859 F.2d 561, 565 (8th Cir.1988). The earmarking defense applies “[w]hen a third person makes a loan to a debtor specifically to enable that debtor to satisfy the claim of a designated creditor.” 5 Collier on Bankruptcy ¶ 547.03[2][a] (16th ed. 2011); see Va. Nat’l Bank v. Woodson (In re Decker), 329 F.2d 836, 839 (4th Cir.1964) (<HOLDING>). The proceeds of such an “earmarked” loan Options: A. holding that specific jurisdiction requires at least butfor causation B. holding that even when there is a legitimate government purpose the discrimination must bear at least some rational relationship to that purpose C. holding that effect of discharge of debt under bankruptcy code is the same as it was under the 1898 bankruptcy act it is not an extinguishment of the debt but only a bar to enforcement of the debt as a personal obligation of the debt or D. holding that a transfer was not an avoidable preference when it was made for the specific purpose of paying at least a portion of a particular debt E. holding that it was within family courts discretion to assign all debt to one party when court found that party to be at fault for debt

assistant: The best answer is D. holding that a transfer was not an avoidable preference when it was made for the specific purpose of paying at least a portion of a particular debt
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: 55, 56 (E.D.N.Y.1996) (‘Where a case has been improperly removed and the Court has no subject matter jurisdiction, the Court must remand the case sua sponte to the state court where it originated.... ”); Ramirez v. Smith, No. CV 88-834, 1988 WL 36966, at *1 (E.D.N.Y. Apr.8, 1988) (remanding case sua sponte where it was “clear from the face of the removal petition that [the] case was removed improperly”), aff'd mem. 867 F.2d 1424 (2d Cir.1988); Worthy v. Schering Corp., 607 F.Supp. 653, 657 (E.D.N.Y.1985) (remanding case to state court sua sponte for lack of removal jurisdiction); see also 28 U.S.C. § 1447(c) (“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.”); cf, e.g., Pozsga, 158 F.R.D. at 437 (<HOLDING>). Having reviewed the submission of the Options: A. holding that the district court cannot remand sua sponte for defects in removal procedure B. holding that the defendants motion to amend their notice of removal was proper due to plaintiffs waived objections to the sufficiency of the notice of removal by failing to seek remand within thirty days of removal C. holding that there should be a sua sponte remand for want of removal jurisdiction where the premise for removal of the state court proceeding was the state courts alleged violation of fourteenth amendment due process rights D. holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand E. holding that the fourth circuit has jurisdiction to review a district courts sua sponte remand order even when that remand order is styled as a remand for lack of subject matter jurisdiction if the order was in fact based on the procedural insufficiency of the notice of removal

assistant: The best answer is C. holding that there should be a sua sponte remand for want of removal jurisdiction where the premise for removal of the state court proceeding was the state courts alleged violation of fourteenth amendment due process rights
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: cannot challenge in this appeal the trial court’s determination to proceed to an adjudication of guilt. See id. To the extent that Wright is challenging the term of punishment imposed by the trial court, that issue is not properly before us because Wright did not object or otherwise raise the alleged error in the trial court. See Tex.R.App. P. 33.1(a)(1); Mercado v. State, 718 S.W.2d 291, 296 (Tex.Crim.App.1986); see also Rodriguez v. State, 917 S.W.2d 90, 92 (Tex.App.Amarillo 1996, pet. ref d) (stating that error was not preserved for review because appellant failed to raise the severity of his sentence when punishment was assessed and failed to file a motion for new trial); Thompson v. State, No. 02-06-00440-CR, 2007 WL 3408659, at *2 (Tex.App.-Fort Worth Nov.15, 2007, pet. filed) (<HOLDING>); Davis v. State, No. 02-04-00132-CR, 2005 WL Options: A. holding complaint that sentence violated equal protection was waived because of failure to object at trial B. holding that appellant failed to preserve error because it did not present appellate complaint to trial court C. holding that defendants objection to personal jurisdiction was forfeited where defendant did not object before he entered his plea D. holding appellant waived his challenge to statute as vague as applied because he did not specifically object at trial E. holding that appellant forfeited his complaint regarding his postadjudication sentence because he did not object at trial or present his motion for new trial

assistant: The best answer is E. holding that appellant forfeited his complaint regarding his postadjudication sentence because he did not object at trial or present his motion for new trial
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: By executing this Subscription Agreement, you (i) agree to, and will be deemed to have executed, the Registration Rights Agreement (attached as Exhibit B), and (ii) agree to the terms of the Warrant (attached as Exhibit C).

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you are a resident of the united states or any non-european union country : these terms shall be governed by and construed in accordance with the laws of the state of maryland and controlling u.s. federal law as applicable , without regard to its conflict of law principles .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Should any part, term or provision of this Agreement be declared invalid, void or unenforceable, all remaining parts, terms and provisions hereof shall be given effect separately from the provision or provisions determined to be invalid, void or unenforceable, shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by the negotiated, detailed, and extensive procedures for alternate dispute resolution that were included in the joint business agreement. The question of whether Ortho’s res judicata defense to arbitration is itself an arbitrable issue is bound up with the question of who should make such a determination. Although we have not had previous occasion to consider this issue, we find the Second Circuit’s analysis persuasive: a res judicata objection based on a prior arbitration proceeding is a legal defense that, in turn, is a component of the dispute on the merits and must be considered by the arbitrator, not the court. See National Union Fire Ins. Co. v. Belco Petroleum Corp., 88 F.3d 129 (2d Cir. 1996); see also John Hancock Mutual Life Ins. Co. v. Olick, 151 F.3d 132 (3d Cir. 1998) (<HOLDING>). In the case before the Second Circuit, Belco Options: A. holding that under ordinary contract principles the parties should be bound by an arbitration provision requiring that disputes be arbitrated only before particular fora B. holding that res judicata and collateral estoppel apply to arbitration award C. holding that prior arbitration has no collateral estoppel effect absent agreement of parties on subsequent arbitration but noting that california precedent accords res judicata effect to serial arbitration proceedings D. recognizing that in reviewing ruling on motion to compel arbitration we first determine whether party seeking arbitration established existence of arbitration agreement E. holding res judicata objection based on prior arbitration is issue to be arbitrated under national association of securities dealers arbitration procedures

assistant: The best answer is E. holding res judicata objection based on prior arbitration is issue to be arbitrated under national association of securities dealers arbitration procedures
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 Tag-along Stockholder shall take all actions as may be reasonably necessary to consummate the Tag-along Sale, including, without limitation, entering into agreements and delivering certificates and instruments, in each case, consistent with the agreements being entered into and the certificates being delivered by the Selling Stockholder, but subject to Section 3.5(g)(ii).

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: The date, amount, interest rate, Class, Type and duration of Interest Periods (if applicable) of each Loan made by each Lender to the Borrower, and each payment made on account of the principal thereof, shall be recorded by such Lender on its books and such entries shall be binding on the Borrower absent manifest error; provided , however , that (i) the failure of a Lender to make any such record shall not affect the obligations of the Borrower under any of the Loan Documents and (ii) if there is a discrepancy between such records of a Lender and the statements of accounts maintained by the Administrative Agent pursuant to Section 3.8 , in the absence of manifest error, the statements of account maintained by the Administrative Agent pursuant to Section 3.8 shall be controlling.

assistant: Records
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: Subject to the retained rights set forth in Section 6(d) above, Executive covenants and agrees that, except as to communciations made in the scope of Executive’s job duties in the normal course of business, Executive shall not at any point and in any form (including in writing, orally or electronically) or to any person or entity criticize, denigrate, or disparage any Released Party(ies), including but not limited to their competence, management, employees, services, character, reputation, or work environment. Upon separation from employment, Executive further agrees to not discuss at any point with any person or otherwise publicize any incidents or alleged incidents occurring prior to Executive’s last date of employment (whether experienced by Executive or any third party) involving the Company or any of its employees or agents. This section is subject to the Retained Rights in Section 6(d).

assistant: Non-Disparagement
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: you and evernote agree , as part of the arbitration agreement , that each of us may bring claims against the other only on an individual basis and not as part of any purported class or representative action or proceeding .

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: Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Instead, the Federal Rules of Civil Procedure require the non-moving party to present specific facts showing that a genuine factual issue exists by “citing to particular parts of materials in the record” or by “showing that the materials cited do not establish the absence of a genuine dispute.” Fed. R. Civ. P. 56(c)(1). “The mere existence of a scintilla of evidence' in’ 'support of the [non-moving party’s] position will be insufficient; there must 'be evidence on which the jury could reasonably find for the [non-moving party].” Anderson, 477 U.S. at 252,106 S.Ct. 2505. III. Discussion Plaintiffs allege in their Complaint that Dr. Huxol and OMHS deviated from the applicable 78 (4th Cir.1992) (<HOLDING>); Gatewood v. Wash. Healthcare Corp., 933 F.2d Options: A. holding that emtala does pot give patients a private cause of action against their physicians B. holding that failure to record an assignment does not give rise to a cause of action C. holding that emtala does not provide a private cause of action against individual physicians or against physicians medical corporations D. holding strict control test inapplicable in determining the scope of immunity for physicians under federal law because medical ethics require physicians to exercise independent judgment in the best interest of their patients E. holding that emtala does not allow private suits against physicians

assistant: The best answer is A. holding that emtala does pot give patients a private cause of action against their physicians
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: fire, which they ignited with a thermal lance, to commit their crimes. Nothing in section 844(h)(1) insulates defendants from sentencing enhancements simply because the fire they used emanated from the torch of a.thermal lance and not from a less sophisticated fire-generating device. Section 844(h)(1) also requires the use of fire to commit “any felony____” 18 U.S.C. § 844(h)(1) (emphasis added). “Read naturally, the word ‘any has an expansive meaning, that is, ‘one or some indiscriminately of whatever kind.’ ” United States v. Gonzales, 520 U.S. 1, 5, 117 S.Ct. 1032,137 L.Ed.2d 132 (1997). Because Congress “did not add any language limiting the breadth of that word,” id., the word “any” in section 844(h)(1) refers to all, not a specific subset of, felonies. See Wildes, 120 F.3d at 471 (<HOLDING>); United States v. LaPorta, 46 F.3d 152, 156 Options: A. holding that any felony as used in 844h1 is not limited to offenses involving the commission of arson and therefore includes conspiracy to violate civil rights by burning a cross B. holding that a conspiracy to violate section 1959 is not the same offense as a conspiracy to violate section 1962 C. holding that defendants prior felony convictions in georgia state court for drugrelated conspiracy and simple possession qualified as predicate prior felony drug offenses for 841b1a because under the plain language of the statute felony drug offense includes any criminal conduct relating to narcotics including simple possession which a state has proscribed as a felony D. holding that the prior conspiracy to which honken had pleaded guilty was not the same as the conspiracy underlying the capital offenses E. holding that proof of an agreement to commit a felony is not a necessary element in a conviction for the commission of the felony

assistant: The best answer is A. holding that any felony as used in 844h1 is not limited to offenses involving the commission of arson and therefore includes conspiracy to violate civil rights by burning a cross
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 Credit Party nor any Subsidiary shall pay, prepay, redeem, purchase, defease or otherwise satisfy prior to the scheduled maturity thereof in any manner, or make any payment in violation of any subordination terms of, any Indebtedness other than with respect to any Subordinated Debt, those payments expressly permitted to be made under the Subordination Agreement applicable thereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The headings of Sections in this Agreement are provided for convenience only and will not affect its construction or interpretation. All references to "Section" or "Sections" refer to the corresponding Section or Sections of this Agreement unless otherwise specified. All words used in this Agreement will be construed to be of such gender or number as the circumstances require. Unless otherwise expressly provided, the word " including " does not limit the preceding words or terms.

assistant: Construction