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: the notion that eligibility is to be determined by looking solely at the debtor’s schedules. Id. Certainly this Court starts its eligibility analysis by reviewing a debtor’s schedules. However, the Court will also consider filed proofs of claim and other evidence. In re Salazar, 348 B.R. 559, 563 (Bankr.D.Colo.2006). Where, as is the case here, the eligibility issue is not raised early in the case but is raised as an objection to plan confirmation, the Court will not ignore the valuation evidence produced at hearing in favor of a simple review of the schedules. Other courts follow reasoning similar to that of Blackwell. These courts argue that consistency mandates the application of section 1322(b)(2) to the eligibility analysis. See In re Munoz, 428 B.R. 516, 519 (Bankr.S.D.Cal.2010) (<HOLDING>); In re Smith, 419 B.R. 826, 832 Options: A. holding that secured creditor was entitled to relief from the stay because the debtors proposed plan had no reasonable prospect of confirmation as a result of its improper classification scheme B. holding that where a security agreement contained collateral other than collateral for which creditor advanced funds to debtor since it secured antecedent debts as well as new debt and the agreement provided that the security interest secured payment and performance of the debtors present and future debts to the creditor the creditor did not have a pmsi and the debtors could avoid the creditors lien on collateral claimed as exempt C. holding that the words allowed secured claim in 506d refer to a claim that is secured by a lien and allowed under 502 D. holding that the secured creditor was only entitled to the amount of its claim as provided in the debtors chapter 13 plan when the destruction of the vehicle yielded insurance proceeds greater than the secured creditors claim E. holding that liens partially secured by the debtors principle residence should be treated as secured for both confirmation and eligibility because it is more consistent and more appropriate to treat debts the same for both purposes

assistant: The best answer is E. holding that liens partially secured by the debtors principle residence should be treated as secured for both confirmation and eligibility because it is more consistent and more appropriate to treat debts the same for both 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: Except for such noncompliance which would not reasonably be expected to have a Material Adverse Effect on the Purchaser, no Target Company is or has been in material conflict or non-compliance with, or in material default or violation of, nor has any Target Company received, since January 1, 2010, any written or, to the Knowledge of the Company, oral notice of any material conflict or non-compliance with, or material default or violation of, any applicable Laws by which it or any of its properties, assets, employees, business or operations are or were bound or affected.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Any and all payments by or on behalf of a Borrower hereunder shall be made free and clear of and without deduction for any Indemnified Taxes. If any Borrower shall be required by law to deduct any Indemnified Taxes or Other Taxes from or in respect of any sum payable hereunder to the Lenders or the Issuers (or any Transferee) or the Administrative Agent, (i) the sum payable shall be increased by the amount necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 2.18 ) such Lender or Issuer (or Transferee) or the Administrative Agent (as the case may be) shall receive an amount equal to the sum it would have received had no such deductions been made, (ii) such Borrower shall make such deductions and (iii) such Borrower shall pay the full amount deducted to the relevant taxing authority or other Governmental Authority in accordance with applicable law; provided , however , that no Transferee of any Lender shall be entitled to receive any greater payment under this Section 2.18 than such Lender would have been entitled to receive immediately before assignment, participation or other transfer with respect to the rights assigned, participated or transferred unless such assignment, participation or transfer shall have been made (A) prior to the occurrence of an event (including any change in treaty, law or regulation) giving rise to such greater payment or (B) at the request of Alcoa Arconic .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at 3801 Chestnut. Also found at the residence at the time of Jones’s arrest were three firearms: a semi-automatic .22 pistol loaded with a clip (seized from the dining-room floor), a loaded .357 revolver (seized from a bedroom), and a loaded .38 revolver (seized from the top of a china cabinet in the dining room). All these weapons were found near parts of the residence where drug distributions had occurred. Jones and his cohorts had ready access to these weapons, and even as the police were conducting their search of the residence various individuals seeking to purchase crack cocaine came to the front door with money in their hands. We find that the evidence is not insufficient to support Jones’s § 924(c) conviction. See United States v. Townley, 929 F.2d 365, 368 (8th Cir.1991) (<HOLDING>). Jones also challenges the sufficiency of the Options: A. holding that evidence is sufficient for 924c conviction where it shows weapons proximity to drugs and its accessibility B. holding that trading drugs for a gun violates the in furtherance of prong of 924c C. holding sufficient to support conviction under 924c evidence of loaded firearm recovered from defendants room during execution of search warrant for drugs D. holding that a large amount of drugs increases the likelihood of weapons E. holding that where the record shows defendant was represented by counsel and the conviction is valid on its face the defendant is precluded from attempting to undermine the validity of that conviction by collateral attack

assistant: The best answer is A. holding that evidence is sufficient for 924c conviction where it shows weapons proximity to drugs and its accessibility
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: Purchaser may not assign its rights under this Agreement without first obtaining Seller’s written approval, which approval may be given or withheld in Seller’s sole discretion. Any transfer, directly or indirectly, of any stock, partnership interest or other ownership interest in Purchaser without Seller’s written approval, which approval may be given or withheld in Seller’s sole discretion, shall constitute a default by Purchaser under this Agreement. Without limitation of the foregoing, no assignment by Purchaser shall relieve Purchaser of any of its obligations or liabilities pursuant to this Agreement. Notwithstanding the foregoing, Purchaser may assign all of its interest in this Agreement on or before the Closing Date to an entity (a “Purchaser Assignee”) that is owned and controlled by or is under common ownership and control with Purchaser, so long as (i) Purchaser notifies Seller not less than five (5) business days prior to the Closing Date of such assignment (including the exact name and signature block of the proposed transferee), and (ii) Purchaser and Purchaser Assignee execute and deliver an assignment and assumption agreement in form reasonably satisfactory to Seller, pursuant to which Purchaser Assignee remakes all of Purchaser’s representations and warranties set forth in this Agreement and (iii) the transferor shall not be released from the obligations of “Purchaser” hereunder.

assistant: Assignments
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 Amendment may be executed in one or more counterparts and by different parties on separate counterparts, each of which will be deemed an original, but all of which will constitute one and the same instrument. The parties agree that this Amendment shall be legally binding upon the electronic transmission, including by facsimile or email, by each party of a signed signature page hereof to the other party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: defense or a prima facie case. Although the OAH rule references Rule 60(b), that requirement is not stated in the rule itself. It is derived from our case law. Frausto argues that it is not clear that one in her position (i.e., the successful party at the initial stage of her request for unemployment compensation) is required to show an adequate defense even under Rule 60(b). She cites this court’s decision in Lester v. District of Columbia, 806 A.2d 206, 208 n. 2 (D.C.2002) where we observed that an adequate defense is irrelevant to a Rule 60(b) motion filed by a plaintiff. We agree that, in the circumstances of the present case as above-described, no additional showing was required for purposes of the motion. 8 . See Rodriguez v. Filene’s Basement, Inc., 905 A.2d 177, 180 (D.C.2006) (<HOLDING>). 9 . Frausto also argues that she has a Options: A. holding that review of the construction of a sentencing statute is de novo B. recognizing de novo standard of review C. holding that we review legal conclusions of the court of federal claims de novo D. holding that the oah properly accorded no deference to the determination of the claims examiner where the administrative review of unemployment compensation claims is conducted de novo E. holding that the proper review for the trial courts application of the law is de novo

assistant: The best answer is D. holding that the oah properly accorded no deference to the determination of the claims examiner where the administrative review of unemployment compensation claims is conducted de novo
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: Docket No. 137 at 20. ■ Defendants further argue that the patent specifications similarly fail to identify any corresponding structure for these terms. Id. at 21. “Processing device” is readily recognized by those skilled in the art as a processor, thereby evidencing corresponding structure. Accordingly, “processing device” is not a means-plus-function term, and because it is easily understood by a jury, needs no further construction. However, “module” is not as readily recognized in the art. While “module” has sometimes avoided means-plus-function construction in specific contexts, module has also been considered a nonce word and subject to § 112, ¶ 6. Compare, e.g., Beneficial Innovations, Inc. v. Blockdot, Inc., No. 2:07-cv-263, 2010 WL 1441779, at *16 (E.D.Tex. Apr. 12, 2010) (<HOLDING>); PalmTop Productions, Inc. v. Lo-Q PLC, 450 Options: A. holding that 112 6 did not apply when construing a term including module in the context of a software system B. holding that claim limitation using the term means for and not reciting any structure presumptively falls within the scope of 112 6 C. holding that person as defined in njsa 112 does not include the state based on the fact that 1 the definition of person indicates that such term includes the state when it is used to designate the owner of property which may be the subject of an offense and 2 state and municipality are separately defined in njsa 112 D. recognizing that the term including is somewhat ambiguous E. holding that when a term is not defined in a contract the presumption is that the term is to be given its ordinary meaning and significance

assistant: The best answer is A. holding that 112 6 did not apply when construing a term including module in the context of a software system
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Tenant shall keep the Premises free from any liens arising out of work or services performed, materials furnished to or obligations incurred by Tenant, or, in the alternative, Tenant may bond over any liens to the reasonable satisfaction of Landlord. Tenant further covenants and agrees that any mechanic's or materialman's lien filed against the Premises for work or services claimed to have been done for, or materials claimed to have been furnished to, or obligations incurred by Tenant shall be discharged or bonded by Tenant within twenty (20) days after the filing thereof, at Tenant's sole cost and expense. Should Tenant fail to discharge or bond against any lien of the nature described in this Section, Landlord may, at Landlord's election, pay such claim or otherwise provide security to eliminate the lien as a claim against title, and Tenant shall immediately reimburse Landlord for the costs thereof as Additional Rent. Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any Claims arising from any such liens, including any administrative, court or other legal proceedings related to such liens. In the event that Tenant leases or finances the acquisition of office equipment, furnishings or other personal property of a removable nature utilized by Tenant in the operation of Tenant's business, Tenant warrants that any Uniform Commercial Code financing statement shall, upon its face or by exhibit thereto, indicate that such financing statement is applicable only to removable personal property of Tenant located within the Premises.

assistant: Liens
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: Lobby Inc., 477 U.S. 242, 251-52, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). The evidence, all facts, and any reasonable inferences from the facts must be viewed in the light most favorable to the nonmoving party. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). III. On appeal, WCI challenges the district court’s determination that the assumption and indemnification clauses in the Purchase Agreement place the liability for the cleanup of the Edison Facility on WCI. WCI does not contest the district court’s grant of summary judgment on its claims under CERCLA, the Spill Act, or negligence, and thus has waived its right to appellate review of these claims. See Bickel v. Korean Air Lines Co., 96 F.3d 151, 153 (6th Cir.1996) (<HOLDING>). Hence, the primary legal question confronting Options: A. holding that generally arguments not briefed on appeal are deemed abandoned or waived B. holding that arguments not briefed are abandoned C. holding that arguments inadequately briefed in the opening brief are waived D. holding arguments not raised on appeal waived E. recognizing that arguments not briefed on appeal are waived

assistant: The best answer is E. recognizing that arguments not briefed on appeal are waived
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g. , www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If, the Optionee’s employment with the Company or service as a director is terminated due to death prior to the third anniversary of the Grant Date, then the remaining unvested portion of the Option Grant will become fully vested and exercisable on the date of the Optionee’s death with respect to the remaining unvested Option Shares.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at Las Vegas Investors Group, Inc. v. Pac. Malibu Dev. Corp., 933 F.2d 724, 729 (9th Cir.1991). 4 . For ease of reference, all citations to page numbers of docketed items are to the page assigned by the court's case management and electronic case filing (CM/ECF) system. 5 . In so doing, this court is following well-settled Ninth Circuit precedent denominating Rule 59(e) motions to alter or amend a judgment as motions to reconsider. See, e.g., S.E.C. v. Platforms Wireless Int’l Corp., 617 F.3d 1072, 1100 (9th Cir. 2010) (citing United Nat'l Ins. Co. v. Spectrum Worldwide, Inc., 555 F.3d 772, 780 (9th Cir. 2009)) (enumerating the circumstances under which "[r]econsideration under Rule 59(e) is appropriate[]”); Kona Enterprises Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir.2000) (<HOLDING>). 6 . Judgment was entered in this case on Options: A. holding that rule 59e applies to a motion to reconsider B. holding that a motion to reconsider a section 2255 ruling is available and that it is to be treated asa rule 59e motion if filed within 10 days of entry of the challenged order C. holding that no provision authorizes a district court to reconsider its order on a 3582 motion D. recognizing that rule 59e permits a district court to reconsider and amend a previous order E. holding that the district court cannot extend the time for filing a rule 59e motion by margin order

assistant: The best answer is D. recognizing that rule 59e permits a district court to reconsider and amend a previous order
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Effective _____________ (the “Grant Date”), grantee has been awarded Restricted Stock Units (“RSUs”) representing ______ shares of Common Stock of The Hershey Company (the “Company”). Each RSU represents the right to receive a share of the Company’s Common Stock, $1.00 par value, at a future date and time, subject to the terms of this Notice of Award of Restricted Stock Units (the “Notice of Award”).

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 case excerpt and choose the best holding from the options. Case excerpt: protected by Congress under the Fourteenth Amendment, in this case a patent, is federally created property under Title 35 of the U.S.Code. See 35 U.S.C. § 101 et seq. (1994). Florida Prepaid asserts that, just as Congress created the patent system, it could ostensibly choose to create any sort of property, using its Article I powers, and then, argues Florida Prepaid, abrogate the states’ immunity to suit for the deprivation of that property. Surely, urges Florida Prepaid, Congress cannot accomplish indirectly through the Fourteenth Amendment precisely what it is forbidden from doing directly through Article I. This argument has, in fact, met with some acceptance among our sister circuits. See Chavez v. Arte Publico Press, 139 F.3d 504, 510-11, 46 USPQ2d 1541, 1546 (5th Cir.1998) (<HOLDING>); College Sav. Bank v. Florida Prepaid Options: A. holding that congress could not abrogate a states immunity to suit for copyright infringement through the due process clause of the fourteenth amendment because it would be a direct endrun around seminoles holding that article i powers may not be employed to avoid the eleventh amendments limit on the federal judicial power congress could easily legislate property interests and then attempt to subject states to suit in federal court for the violation of such interests B. holding that congress exceeded its authority under 5 of the fourteenth amendment in attempting to abrogate the states eleventh amendment immunity in adea suits C. holding that congress could abrogate the eleventh amendment pursuant to the commerce clause D. holding that congress could not abrogate state sovereign immunity pursuant to the patent clause of article i E. holding that congress may abrogate a states immunity pursuant to its enforcement power under 5 of the fourteenth amendment

assistant: The best answer is A. holding that congress could not abrogate a states immunity to suit for copyright infringement through the due process clause of the fourteenth amendment because it would be a direct endrun around seminoles holding that article i powers may not be employed to avoid the eleventh amendments limit on the federal judicial power congress could easily legislate property interests and then attempt to subject states to suit in federal court for the violation of such interests
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All demands, notices and communications under this Agreement shall be in writing, electronically delivered, personally delivered or mailed by certified mail, return receipt requested, to: (1) in the case of the Seller, Hyundai Capital America, 3161 Michelson Drive, Suite 1900, Irvine, California 92612, Attention: Treasurer; (2) in the case of the Depositor, Hyundai ABS Funding , LLC , 3161 Michelson Drive, Suite 1900, Irvine, California 92612, Attention: President and Secretary; (3) in the case of Moody’s, Moody’s Investors Service, Inc., ABS Monitoring Department, 7 World Trade Center, 250 Greenwich Street, 25 th Floor, New York, NY 10007; and (4) in the case of S&P, via electronic delivery to Servicer_reports@sandp.com or at the following address: S&P Global Ratings, 55 Water Street (40th Floor), New York, New York 10041, Attention: ABS Surveillance Department; or as to each of the foregoing, at such other address as shall be designated by written notice to the other parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of the Operative Documents by each Issuer, the performance by each Issuer of its obligations under the Operative Documents, and the consummation by each Issuer of the transactions contemplated by the Operative Documents, and the issuance of the Conversion Shares as contemplated by New Note, do not and will not (i) violate or conflict with any provision of each such Issuer’s Organizational Documents (as defined in the Security Agreement), (ii) conflict with, or constitute a default (or an event which with notice or lapse of time or both would become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, mortgage, deed of trust, indenture, note, bond, license, lease agreement, instrument or obligation to which any Issuer or any of its subsidiaries is a party or by which any Issuer or any of its subsidiaries’ respective properties or assets are bound, (iii) result in a violation of any foreign, federal, state or local statute, law, rule, regulation, order, judgment or decree (including federal and state securities laws and regulations) applicable to any Issuer or any of its subsidiaries or by which any property or asset of any such Issuer or any of its subsidiaries are bound or affected, or (iv) create or impose a lien, mortgage, security interest, charge or encumbrance of any nature (each, a “ Lien ”) on any property or asset of any Issuer or its subsidiaries under any agreement or any commitment to which any such Issuer or any of its subsidiaries is a party or by which any Issuer or any of its subsidiaries is bound or by which any of their respective properties or assets are bound. No Issuer is required under foreign, federal, state or local law, rule or regulation to obtain any consent, authorization or order of, or make any filing or registration with, any court or governmental agency in order for it to execute, deliver or perform any of its obligations under the Operative Documents or issue and sell the New Note in accordance with the terms hereof.

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 case excerpt and choose the best holding from the options. Case excerpt: the residual clause. Coronado, 603 F.3d at 708. We held it was not, because the state statute “only requires gross negligence, and crimes with a mens rea of gross negligence or recklessness do not satisfy Begay’s requirement of ‘purposeful’ conduct.” Id. at 710. Arguably, our decision in Coronado contains language suggesting that only crimes involving specific intent satisfy Begay’s “purposeful” requirement. See id. at 711. There, we noted that in “other contexts” we have defined “purposeful” as “done with a specific purpose in mind; DELIBERATE.” Id. (internal quotation marks omitted). But in those other contexts, we offense satisfies Begay’s purposeful conduct requirement based on the offense’s mens rea of knowingly inflicting cruel and inhuman punishment.”); Almenas, 553 F.3d at 34 (<HOLDING>); United, States v. Spells, 537 F.3d 743, 752 Options: A. holding that north carolina crime of larceny from the person was a crime of violence under the residual clause of the career offender guideline B. holding that to constitute a prior conviction for purposes of the habitual felony offender act the defendant must have been adjudicated guilty before the present crime was committed C. holding that the offender must have the apparent ability to execute the act constituting the assault D. holding that a prior conviction in a georgia state court was appropriately used to qualify the defendant as a career offender because he failed to prove he did not knowingly and voluntarily waive his right to counsel E. holding begays purposefulness requirement easily met where crime required the offender to act knowingly

assistant: The best answer is E. holding begays purposefulness requirement easily met where crime required the offender to act knowingly
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: There are no material (a) outstanding Judgments against Parent or its Affiliates that would prevent, or otherwise materially adversely affect the ability of Parent or such Affiliates to consummate, the transactions contemplated hereby or by the Collateral Agreements; or (b) Proceedings pending or, to the knowledge of Parent, threatened against Parent or such Affiliates, that would prevent, or otherwise materially adversely affect the ability of Parent or such Affiliates to consummate, the transactions contemplated hereby or by the Collateral Agreements.

assistant: Litigations
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 notice and other communication required or permitted to be given under this Agreement (“Notice”) must be in writing. Notice is duly given to another party upon: (a) hand delivery to the other party, (b) receipt by the other party when sent by facsimile to the address and number for such party set forth below, (c) three business days after the Notice has been deposited with the United States postal service as first-class certified mail, return receipt requested, postage prepaid, and addressed to the party as set forth below, or (d) the next business day after the Notice has been deposited with a reputable overnight delivery service, postage prepaid, addressed to the party as set forth below with next business day delivery guaranteed, provided that the sending party receives a confirmation of delivery from the delivery service provider.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: object” test determines “whether to treat a transaction as a taxable transfer of tangible personal property or the nontaxable performance of , a service.” , Sneary, 865 S.W.2d at 345. The Court has applied this test only in-cases in which the intangible element of the transaction is accompanied by or transferred through an item of-tangible personal property that has relatively little value on its own. See, e.g., id.; see also,W. Blue Print Co. v. Dir. of Revenue, 311 S.W,3d 789 (Mo. banc 2010); James v. TRES Computer Serv., Inc., 642 S.W.2d 347 (Mo. banc 1982). Bartlett argues that because CRC’s installation services were the “true object” of the parties’ transaction, those services should not be subject to use tax. For support, Bartlett cites Western Blue Print, 311 S.W.3d at 789-92 (<HOLDING>). But neither the “true object” test nor Options: A. holding that the fact that defendants sales in forum were less than 5 percent of its total sales volume was irrelevant so long as its sales were part of a regular course of dealing and were not isolated or exceptional events B. holding that plan documents could be considered without converting the motion to one for summary judgment even though the complaint referred only to the plan and not its associated documents C. holding evidence of uncharged prior cocaine sales with numerous similarities to those for which the defendant was on trial admissible for among other purposes showing the existence of a common plan involving the prior sales and the transactions which were the subject of the charges pending against the defendant D. holding that plan documents could be incorporated without converting the motion to one for summary judgment even though the complaint referred only to the plan and not the accompanying documents E. holding that because the true object of western blue prints business was the service of converting documents into electronic format not the sale of compact disks its transactions were not subject to sales tax

assistant: The best answer is E. holding that because the true object of western blue prints business was the service of converting documents into electronic format not the sale of compact disks its transactions were not subject to sales tax
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Upon the occurrence of any Termination Event the Administrative Agent may by notice to the Transferor and the Collection Agent declare the Termination Date to have occurred; provided , however , that in the case of any event described in Section 9.01(g) , Section 9.01(h) , Section 9.01(i) or Section 9.01(k) above, the Termination Date shall be deemed to have occurred automatically upon the occurrence of such event. Upon any such declaration or automatic occurrence, the Administrative Agent shall have, in addition to all other rights and remedies under this Agreement or otherwise, all other rights and remedies provided under the UCC of the applicable jurisdiction and other Applicable Law, all of which rights shall be cumulative. Any proceeds from liquidation of the Collateral shall be applied in the order of priority set forth in Section 3.01(b) .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: denied him due process of law when it dismissed his appeal without again directing him to argue for application of equitable tolling. II. This court reviews the Court of Appeals for Veterans Claims’ interpretation of statutes without deference to the extent presented and necessary for a decision. 38 U.S.C. § 7292(d) (1994); Epps v. Gober, 126 F.3d 1464, 1466-67 (Fed.Cir.1997); Prenzler v. Derwinski, 928 F.2d 392, 393 (Fed.Cir.1991). This review includes questions of statutory jurisdiction. 38 U.S.C. § 7292(a), (c) (1994); Wick v. Brown, 40 F.3d 367, 370 (Fed.Cir.1994). Furthermore, this court narrowly construes jurisdictional statutes. Wick, 40 F.3d at 370. This court does not review a challenge to a factual determination made by the Secretary or the Board of Veterans’ Appeal 00) (<HOLDING>). But see Friendly Fin. Corp. v. Bovee, 702 Options: A. holding that service was not defeated by an address with an incorrect zip code B. holding that an incorrect zip code does not render an otherwise proper address improper C. holding that an inaccurate zip code does not render an address improper for purposes of texas rule of civil procedure 5 D. holding a missing zip code to be an inconsequential error that does not defeat a notice of deficiency E. holding that although an address in which the zip code is incorrect may be properly addressed an address in which both the zip code and the street address is incorrect is not properly addressed

assistant: The best answer is C. holding that an inaccurate zip code does not render an address improper for purposes of texas rule of civil procedure 5
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: Shareholder approval for the Prior Securities was obtained on August 23, 2016. The limitations of Section I.G.7.b of Certificate of Designations will not apply to the Preferred Shares. Company will obtain an exception to any shareholder approval requirement from NYSE American or obtain shareholder approval.

assistant: Approvals
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 Loan Party has disclosed to the Agent and the Lenders all agreements, instruments and corporate or other restrictions to which it is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. No report, financial statement, certificate or other information furnished (whether in writing or orally) by or on behalf of any Loan Party to the Agent or any Lender in connection with the transactions contemplated hereby and the negotiation of this Agreement or delivered hereunder or under any other Loan Document (in each case, as modified or supplemented by other information so furnished) contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that, with respect to projected financial information, the Loan Parties represent only that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

assistant: Disclosures
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 modification may have pre-clusive effect for res judicata purposes. See, e.g., Spiker v. Spiker, 708 N.W.2d 347, 355 (Iowa 2006) (noting order granting continuing relief is “final” for res judicata purposes as long as there has been no substantial change in circumstance). And judgments are given res judicata effect during appeals. Peterson v. Eitzen, 173 N.W.2d 848, 850 (Iowa 1970) (“The judgment of the trial court is res judicata until set aside, modified or reversed.”); see also N. Star Steel Co. v. MidAmerican Energy Holdings Co., 184 F.3d 732, 737 (8th Cir. 1999) (“Under Iowa law, issue preclusion may be applied to a trial court’s ruling on the merits of an issue despite the pen-dency of an appeal from that ruling.”); Restatement (Second) of Judgments § 13 cmts. c, f at 133, 135 (<HOLDING>). The Restatement defines “final judgment” to Options: A. recognizing bankruptcy courts jurisdiction over such a collateral attack B. recognizing collateral attack on void order C. holding that federal rules of res judicata and collateral estoppel determine preclusive effect of prior federal ftca judgments even though liability is based on state law D. recognizing preclusive effect of judgments notwithstanding pending appeal or collateral attack E. holding that settlement agreements like consent judgments are not given preclusive effect unless the parties manifest their intent to give them such effect

assistant: The best answer is D. recognizing preclusive effect of judgments notwithstanding pending appeal or collateral attack
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 sets forth the entire agreement of the parties hereto as to the subject matter hereof and supersedes and cancels all previous and contemporaneous agreements among all or some of the parties hereto, whether written, oral or otherwise. Unless otherwise provided herein, any consent, approval, decision or action of the Company or TopCo Parent, as the case may be, may be given, withheld, taken or omitted by the Company or TopCo Parent, as the case may be, in its sole discretion.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: pertinent here because the foreign firm in that case did not sell to American consumers; rather, it attempted to show that the injury it incurred abroad ultimately injured American exporters, from which it purchased fewer goods for resale overseas. The district court held that, because the plaintiffs claimed injury was not an “injury to export business in the United States” within the meaning of the proviso to the FTAIA, the foreign firm did not have standing. Here, however, the alleged injury is to advertisers in the United States. Consequently, clause 1(A) rather than clause 1(B) of the FTAIA governs, and the location of the suppliers is not relevant to whether the plaintiff has alleged an effect upon U.S. domestic or import commerce. See Hartford, 509 U.S. at 796, 113 S.Ct. 2891 (<HOLDING>). We now turn to C&W’s primary argument, Options: A. holding the court of appeals had subject matter jurisdiction notwithstanding a defendants waiver of appellate rights in a plea agreement B. holding court had subject matter jurisdiction where plaintiff alleged conspiracy among foreign reinsurance companies had affected us purchasers of reinsurance C. holding that the trial court had subject matter jurisdiction over a commonlaw wrongful discharge claim D. holding that court had no supplemental jurisdiction over claim by shareholder for breach of merger agreement that was the subject of the dispute between the merger partners over which the district court had subject matter jurisdiction E. holding that the court had no jurisdiction over an alleged breach of a plea agreement

assistant: The best answer is B. holding court had subject matter jurisdiction where plaintiff alleged conspiracy among foreign reinsurance companies had affected us purchasers of reinsurance
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 reimburse Creditor or its designee(s) up to $87,500 for all legal fees, costs and expenses incurred by it or its Affiliates in connection with the transactions contemplated by the Exchange Documents, including in connection with the post-Closing filings with the SEC, which amount shall be in addition to any amount which was previously advanced by the Company to Creditor for expenses. Except as otherwise set forth in this Agreement, each party to this Agreement shall bear its own expenses in connection with transactions contemplated hereby. The Company shall be responsible for the payment of any financial advisory fees, legal expenses of counsel to the Company (including, without limitation, with respect to any legal opinion issued in connection herewith or any Exchange), fees in connection with the registration obligations set forth in Section 7 hereof, DTC fees, or transfer agent fees relating to or arising out of the transactions contemplated hereby.

assistant: Expenses
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 Collateral Agent shall have received on or prior to the Issue Date evidence that all insurance required to be maintained pursuant to the Transaction Documents by the Obligors has been obtained and is in effect together with the certificates of insurance, naming the Collateral Agent, on behalf of all Persons in whose name the Notes are registered from time to time in the register with respect to the Notes, as an additional insured or loss payee, as the case may be, under all insurance policies maintained with respect to the properties and assets that constitute Notes Collateral.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement, the First Lien Loan Documents and the Second Lien Loan Documents represent the entire agreement of the Grantors, the First Lien Claimholders and the Second Lien Claimholders with respect to the subject matter hereof and thereof, and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof and thereof. There are no promises, undertakings, representations or warranties by the First Lien Claimholders or the Second Lien Claimholders relative to the subject matter hereof and thereof not expressly set forth or referred to herein or therein. In the event of any conflict between the provisions of this Agreement and the provisions of the First Lien Loan Documents or the Second Lien Loan Documents, the provisions of this Agreement shall govern and control; provided that the foregoing shall not be construed to limit the relative rights and obligations as among the First Lien Claimholders or as among the Second Lien Claimholders; as among the First Lien Claimholders, such rights and obligations are governed by, and any provisions herein regarding them are therefore subject to, the provisions of the First Lien Pari Passu Intercreditor Agreement, and as among the Second Lien Claimholders, such rights and obligations are governed by, and any provisions herein regarding them are therefore subject to, the provisions of the Second Lien Pari Passu Intercreditor Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Lee because of his future dangerousness, as evidenced by threatening statements he had made to police, Dr. Grant explained that adult ADHD sufferers commonly engage in lying or boasting to “project an image of toughness or bravado,” and he opined that Lee did so in order to mask his fears of abandonment and rejection. He also testified that Lee did not seem mean, malicious, or aggressive and that, while Lee’s ADHD did not excuse his crimes, it was “a major part of his personality.” b. The mitigating evidence presented in the habeas proceeding. In reviewing the affidavit testimony that Lee presented in the habeas proceeding, we note that much of it consists of hearsay and speculation that would not have been admissible at trial. See Smith v. State, 270 Ga. 240 (12) (510 SE2d 1) (1998) (<HOLDING>), overruled on other grounds by O’Kelley v. Options: A. holding that because the rules of evidence including the rule against hearsay do not apply to sentencing hearings the district court did not err in relying on hearsay in ordering restitution B. holding exculpatory statements by a third party should have been admitted in the punishment phase notwithstanding the hearsay rule C. holding that a violation of the hearsay rule was harmless D. holding that the hearsay rule is not suspended in the sentencing phase E. holding that a suspended lawyer remains subject to the disciplinary jurisdiction of the court for acts committed while suspended

assistant: The best answer is D. holding that the hearsay rule is not suspended in the sentencing phase