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: Newman Deck Ex. A, Foster Dep. 249:11-252:20, May 16, 2012 (same). Additionally, some of the Producers themselves stated that they sold the oil and gas without restrictions and with the expectation that the Debtors would resell it. See Byroade Deck in Support of BP Renewed Mot. Summ. J. Ex. E (compiling citations to deposition testimony supporting this proposition) [Adv. No. 09-50105, Docket No. 702], 69 . To the extent that Producers argue that the Conoco General Provisions are simply boilerplate language that should not be enforced against them, the Court disagrees. Producers cite no cases for the proposition that boilerplate provisions are not binding. To the contrary, the case law supports the opposite conclusion. See, e.g., In re Madera, 445 B.R. 509, 514 (Bankr.D.S.C.2011) (<HOLDING>); Lambert v. Kysar, 983 F.2d 1110, 1119 (1st Options: A. holding that boilerplate language in a confirmation plan is binding if confirmed B. holding that a confirmed chapter 13 plan is binding on all parties under 11 usc 1327a however the plan may be modified pursuant to 11 usc 1329 C. holding that confirmation of a chapter 11 plan creates a binding contract which may be enforced in state courts D. holding that provision in chapter 13 plan discharging postpetition interest on a student loan is binding on creditor under theory of res judicata where objection was not raised prior to plan confirmation and confirmation order was not appealed E. holding that order denying confirmation of plan became final when upon being notified that the debtors did not intend to seek confirmation of an alternate plan the court dismissed their case

assistant: The best answer is A. holding that boilerplate language in a confirmation plan is binding if confirmed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the parties hereto shall execute such documents and perform such further acts as may be reasonably required to carry out the provisions hereof and the actions contemplated hereby. Each party shall, on or prior to the Closing Date, use its commercially reasonable efforts to fulfill or obtain the fulfillment of the conditions precedent to the consummation of the transactions contemplated hereby, including the execution and delivery of any documents, certificates, instruments or other papers that are reasonably required for the consummation of the transactions contemplated hereby.

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 legal provision and list the applicable contract clause categories. Provision: No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by you and such officer as may be designated by the Board. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the time or at any prior or subsequent time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The terms of this Agreement are the final expression of the parties’ agreement with respect to the subject matter hereof and may not be contradicted by evidence of any prior or contemporaneous agreement. This Agreement shall constitute the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial, administrative, or other legal proceeding involving this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the Revolving Note embody the entire agreement and understanding between the Borrower and Lender with respect to the subject matter hereof and thereof. This Agreement supersedes all prior agreements and understandings relating to the subject matter hereof. Without limiting the Lender’s right to share information regarding the Borrower and its Affiliates with the Lender’s participants, accountants, lawyers and other advisors, the Lender, Wells Fargo & Company, and all direct and indirect subsidiaries of Wells Fargo & Company, may exchange any and all information they may have in their possession regarding the Borrower and its Affiliates, and the Borrower waives any right of confidentiality it may have with respect to such exchange of such information.

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: the officer is likely to be unduly inhibited in the performance of that function by the threat of liability for espect is whether the individual is exercising judgment similar to that of a judge. See id.; McCray, 456 F.2d at 4 (noting that “a defense counsel, a court stenographer, and a jailer all have important duties in the judicial process, but none is afforded judicial immunity because none exercises judicial or quasi-judicial discretion which requires the protection of absolute judicial immunity” (internal citations omitted)). This Court has indicated that judges are “granted immunity from liability for acts done by them in the exercise of their judicial functions[.]” Parker, 337 Md. at 280, 653 A.2d at 440 (internal quotation omitted); Mandel, 320 Md. at 107, 576 A.2d at 768 (<HOLDING>). A judge loses this absolute immunity only Options: A. holding that an appeal is not moot so long as the appellate court can fashion relief that is both effective and equitable internal quotation marks omitted alteration in original B. recognizing judicial immunity for acts committed within their judicial jurisdiction C. holding that judges have immunity from suit for judicial acts D. holding that absolute immunity protects judges so long as their acts are judicial in nature internal quotation omitted E. holding that all persons who are integral parts of the judicial process such as witnesses judges and prosecutors are entitled to absolute immunity

assistant: The best answer is D. holding that absolute immunity protects judges so long as their acts are judicial in nature internal quotation omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: See Note, The Unnecessary Doctrine of Necessaries, 82 Mich. L.Rev. 1767, 1767 (1984); see also Black’s Law Dictionary 554 (9th ed.2009) (providing a historical definition of the “doctrine of necessaries”). As we have noted, the doctrine of necessaries implied a contract between a parent and the provider of the necessaries at common law. See Searcy v. Hunter, 81 Tex. 644, 17 5.W. 372, 373 (1891). In 1967, the Legislature amended former Article 4614 of our Civil Statutes to establish a statutory duty in parents for support of the family, including liability to third parties who provide necessaries to the child upon the parent’s failure to provide for the child. See Act of May 16, 1967, 60th Leg., R.S., ch. 309, § 1, art. 4614, 1967 Tex. Gen. Laws 735, 736 (“Each spous 101-02 (1889) (<HOLDING>); see also In re H.V., 252 S.W.3d 319, 327 n. Options: A. holding that reasonable attorneys fees for the benefit of a minor in defending the minor against a criminal charge were necessaries B. holding that attorneys fees are necessaries for the criminal defense of a child C. holding that trial court properly assessed mothers attorneys fees as necessaries against father in case in which trial court ordered father to pay mothers attorneys fees as child support but did not state that the fees were necessaries D. holding that attorneys fees are necessaries for the criminal de fense of a child E. holding that attorneys fees are necessaries in a civil suit to recover money or property for the minor

assistant: The best answer is B. holding that attorneys fees are necessaries for the criminal defense of a child
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the suit clearly manifest the proper alignment of the dispute”). 20 . Put another way, the requisite antagonism between the stockholder and the management of a corporation is present "where the dominant officers and directors are guilty of fraud or misdeeds.” Smith, 354 U.S. at 95, 77 S.Ct. 1112. 21 . Specifically, the Separation Agreement provides, in pertinent part, that "Wife grants Husband an irrevocable proxy for all of her shares in the Gyms which proxy shall provide him with full irrevocable management authority-” 22 . In support of her position, Hildebrand argues unpersuasively that the corporation was deadlocked at the time the complaint was filed, and thus, that the requisite antagonism is not present. See, e.g., Duffey v. Wheeler, 820 F.2d 1161, 1163 (11th Cir.1987) (<HOLDING>); Gibson, 780 F.Supp. at 375 (recognizing that Options: A. recognizing that when the corporations management or its shareholders are deadlocked with respect to a particular issue courts have realigned such corporations as party plaintiffs B. holding that a corporations principal place of business for determining diversity jurisdiction under 28 usc 1332c1 is the nerve center meaning the corporations headquarters or the place where a corporations officers direct control and coordinate the corporations activities C. holding that while a state statute granted a foreign corporation the rights and privileges enjoyed by domestic corporations it did not transform such corporations into domestic or resident corporations D. recognizing a similar exception to its rule with respect to corporations E. recognizing a cause of action against a corporations directors brought by a creditor for the fraudulent misrepresentation of the corporations financial condition

assistant: The best answer is A. recognizing that when the corporations management or its shareholders are deadlocked with respect to a particular issue courts have realigned such corporations as party plaintiffs
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 Purchaser, severally and not jointly with the other Purchasers, covenants that neither it, nor any Affiliate acting on its behalf or pursuant to any understanding with it, will execute any Short Sales of any of the Company's securities from the date hereof until the earlier of (x) the six (6) month anniversary of the date hereof and (y) the date that the Notes are no longer outstanding (provided that this provision shall not prohibit any sales made where a corresponding Notice of Conversion or Notice of Exercise is tendered to the Company and the shares received upon such conversion or exercise are used to close out such sale) (a " Prohibited Short Sale "). Each Purchaser, severally and not jointly with the other Purchasers, covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed by the Company, such Purchaser will maintain the confidentiality of the existence and terms of this transaction and the information included in the Transaction Documents and the Disclosure Schedules. For sixty (60) days after the date of this Agreement, the Company shall not enter into any negotiations for, or accept or consummate any debt or equity financing transactions (excluding the bridge financing previously discussed by the parties) without the Purchaser's express written consent, which consent shall not be unreasonably withheld. The Company agrees that the Purchaser's damages for breach of the previous sentence shall be liquidated damages in an amount equal to $150,000 payable in cash.

assistant: Confidentiality
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: 1st DCA 1991) (“[W]e hold that claimant is entitled to that treatment of his diabetic condition necessary for effective treatment of his compen-sable injuries. It will, however, be necessary for the JCC to make specific findings as to whether such diabetes treatment was indeed a necessary adjunct to the treatment of claimant’s compensable injuries.”); Roth Bros. of Fla. v. Spodris, 451 So.2d 947, 947 (Fla. 1st DCA 1984) (“[Treatment for a condition not shown to be causally related to the compensable injury should be the responsibility of the employer ‘[i]f ... one of the primary purposes of the treatment is also removal of a hindrance to recover from the compensable accident. ...’ Decks, Inc. of Florida v. Wright, 389 So.2d 1074, 1076 (Fla. 1st DCA 1980).”); Gonzales, 388 So.2d at 336 (<HOLDING>). The JCC identified attendant care that had Options: A. holding that claimant is entitled to ongoing medical treatment if such is geared toward management of the claimants injury B. holding that a claimant establishes a prima facie case for compensable medical treatment where a qualified physician indicates treatment was necessary for a workrelated condition C. recognizing that a workers compensation insurer is responsible for covering any injury caused by the treatment of an industrial injury D. holding that a tortfeasor is required to pay the expenses of over treatment or unnecessary medical treatment unless such treatment was incurred by the victim in bad faith E. holding ec is not responsible for medical treatment required independently by the subsequent noncompensable injury when the removal of a hindrance to recovery from the compensable injury is merely an incidental effect of such treatment

assistant: The best answer is E. holding ec is not responsible for medical treatment required independently by the subsequent noncompensable injury when the removal of a hindrance to recovery from the compensable injury is merely an incidental effect of such treatment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the date hereof, the authorized capital stock of the Company, and shares issued and outstanding, is as set forth in the Company’s most recent periodic report filed with the SEC. Except as disclosed in the SEC Documents, no shares are reserved for issuance pursuant to the Company’s stock option plans, no shares are reserved for issuance pursuant to securities (other than the Note) exercisable for, or convertible into or exchangeable for shares of Common Stock and 1,442,307 shares are reserved for issuance upon conversion of the Note. All of such outstanding shares of capital stock are, or upon issuance will be, duly authorized, validly issued, fully paid and non-assessable. No shares of capital stock of the Company are subject to preemptive rights or any other similar rights of the shareholders of the Company or any liens or encumbrances imposed through the actions or failure to act of the Company. Except as disclosed in the SEC Documents, as of the effective date of this Agreement, (i) there are no outstanding options, warrants, scrip, rights to subscribe for, puts, calls, rights of first refusal, agreements, understandings, claims or other commitments or rights of any character whatsoever relating to, or securities or rights convertible into or exchangeable for any shares of capital stock of the Company or any of its Subsidiaries, or arrangements by which the Company or any of its Subsidiaries is or may become bound to issue additional shares of capital stock of the Company or any of its Subsidiaries, (ii) there are no agreements or arrangements under which the Company or any of its Subsidiaries is obligated to register the sale of any of its or their securities under the 1933 Act and (iii) there are no anti-dilution or price adjustment provisions contained in any security issued by the Company (or in any agreement providing rights to security holders) that will be triggered by the issuance of the Note, Returnable Shares, or the Conversion Shares. The Company has filed in its SEC Documents true and correct copies of the Company’s Certificate of Incorporation as in effect on the date hereof (“Certificate of Incorporation”), the Company’s By-laws, as in effect on the date hereof (the “By-laws”), and the terms of all securities convertible into or exercisable for Common Stock of the Company and the material rights of the holders thereof in respect thereto. The Company shall provide the Buyer with a written update of this representation signed by the Company’s Chief Executive on behalf of the Company as of the Closing Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: thirteen-year-old victim’s letter to her guidance counselor informing the counselor of the sexual abuse she allegedly had suffered at home. 2008 Va. App. LEXIS 460. On appeal, the alleged abuser objected to the timeliness of the complaint, arguing that “the evidence failed to adequately explain the twenty-month delay between the offense and the complaint.” Id. at *5. The court noted that “the recent complaint rule’s ‘only time requiremen holding that the twelve-year-old victim adequately explained her ten-month delay in reporting where the victim “was afraid her mother would not believe her because the defendant was her mother’s good friend,” and she was afraid that, if she told her father, “he would hurt the defendant and end up in jail”); Woodard, 19 Va. App. at 28, 448 S.E.2d at 330 (<HOLDING>); cf. Lindsey v. Commonwealth, 22 Va. App. 11, Options: A. holding that a delay in reporting an alleged rape goes to the victims credibility which is solely a jury question B. holding that the trial court in a sexual assault case erred by refusing to allow evidence of prior testimony by the complainant in an unrelated rape prosecution C. holding that the victim of a sexual assault was in privity with her assailant because of her status as a claimant and potential judgment creditor of the convicted insured D. holding that a letter written by a thirteenyearold victim two years after her alleged rape was admissible reasoning that the issue of the twoyear delay was one of credibility not admissibility E. holding that the thirteenyearold victims twomonth delay in reporting her rape is explained by and completely consistent with the all too common circumstances surrounding sexual assault on minors fear of disbelief by others and threat of further harm from the assailant

assistant: The best answer is E. holding that the thirteenyearold victims twomonth delay in reporting her rape is explained by and completely consistent with the all too common circumstances surrounding sexual assault on minors fear of disbelief by others and threat of further harm from the assailant
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 Phantom Share Award shall constitute an agreement by the Company to issue a specified number of Shares or pay an amount of cash equal to the Fair Market Value of a specified number of Shares, or a combination thereof, to the Participant in the future, subject to the fulfillment during the Restricted Period of such conditions, including performance objectives, if any, as the Committee may specify at the date of grant. The Participant shall not have any rights of ownership in or with respect to the Phantom Shares. Phantom Shares shall be earned upon the lapse of the Restricted Period and shall be settled upon expiration of a specified deferral period (which may or may not be coterminous with the Restricted Period). The Committee shall cause the corresponding number of Shares to be issued or transferred, or shall cause the corresponding amount to be paid promptly thereafter. The Company may also grant Phantom Share Awards in the form of “restricted stock unit” awards.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: any officer of the state, or of a country, or of a city or other municipality, could follow them only when he saw fit. If by estoppel such salutary provisions, enacted with wise foresight as checks upon extravagance and dishonesty, can be utterly abrogated at will by any officer, such provisions then subserve no purpose, and the public corporation has no earthly protection against either greed or graft .... Equitable estoppel is impotent to purge transactions of the fatal infirmity of being in violation of law. Id. (citations omitted); see also Stewart, 165 S.W.2d at 629 (“[T]he doctrine of es-toppel cannot be applied to a municipality where it has no power under any circumstance to make the contract in question.”); Sager v. State Highway Comm’n, 349 Mo. 341, 160 S.W.2d 757, 763 (1942) (<HOLDING>) (quotation omitted); Fleshner v, Kansas City, Options: A. holding that agency is bound by its regulations B. holding that because no clear implication could be derived from the language of the statute that the state should be bound by the local zoning ordinances the state was not bound C. holding that the state even though receiving a benefit from performance cannot by estoppel become bound by the unauthorized contracts of its officers D. holding that the government was not bound by its waivers in three prior contracts E. holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous

assistant: The best answer is C. holding that the state even though receiving a benefit from performance cannot by estoppel become bound by the unauthorized contracts of its officers
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: You represent and warrant to the Company that you are not bound by the terms of a non-competition or any other agreement with a former employer or other third party, or any other order, judgment or decree of any kind, which would preclude you from being employed by the Company or which would preclude you from effectively performing your duties for the Company. You further warrant that you have the right to make all disclosures that you have made or will make to the Company during the course of your employment by the Company. You agree that you shall not disclose to the Company, or otherwise use in connection with the services you render on behalf of the Company, any confidential or other proprietary information belonging to a former employer or other third party. You represent and warrant that you have returned to all prior employers any and all of their confidential or proprietary information or other property.

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: This Agreement may be executed in any number of counterparts and by the different parties hereto on separate counterparts (including by facsimile or other electronic transmission (i.e., a “pdf” or “tif”), each of which when so executed and delivered shall be an original, but all of which shall together constitute one and the same instrument. A set of counterparts executed by all the parties hereto shall be lodged with the Company and the Administrative Agent.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will, and will cause each of its Restricted Subsidiaries to, comply with all laws, rules, regulations and requirements of any Governmental Authority applicable to its business and properties, including without limitation, all Environmental Laws, ERISA and OSHA, except where the failure to do so, either individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.

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: Each of the Holding Company, the Borrower and the Borrower’s Subsidiaries has timely filed or caused to be filed all United States Federal and all other material Tax returns and reports required to have been filed and has paid or caused to be paid all Taxes required to have been paid by it, except (a) Taxes that are being contested in good faith by appropriate proceedings and for which such Person has set aside on its books adequate reserves in accordance with GAAP or (b) to the extent that the failure to do so could not reasonably be expected to result in a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If one or more provisions of this Agreement are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (i) such provision shall be excluded from this Agreement, (ii) the balance of this Agreement shall be interpreted as if such provision were so excluded and (iii) the balance of this Agreement shall be enforceable in accordance with its terms. This Agreement and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of Delaware, without giving effect to principles of conflicts of law. For purposes of litigating any dispute that may arise directly or indirectly from the Plan, the Notice and this Agreement, the parties hereby submit and consent to litigation in the exclusive jurisdiction of the State of California and agree that any such litigation shall be conducted only in the courts of California or the federal courts of the United States for the Northern District of California and no other courts.

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: (noting that the overlapping nature of the evidence undercuts an argument that the failure to disclose pursuant to Brady was prejudicial); see also United States v. Agurs, 427 U.S. 97, 114, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976) (noting that the alleged Brady material did not contradict any evidence already admitted and was similar to other evidence in the record in holding that there was no Brady violation). Although there may be value in a Government expert’s testimony that the defense theory is more convincing than the Govern ment’s theory of the ease, it is significantly less so when, as in this case, the Government expert did not testify on behalf of the Government or recant testimony previously provided. See United States v. Cooper, 654 F.3d 1104, 1120 (10th Cir.2011) (<HOLDING>). Dr. MacDonell’s testimony ultimately would Options: A. holding that to justify a new trial based upon newly discovered evidence 1 the evidence must have been discovered after trial 2 the failure to discover this evidence must not be attributable to a lack of due diligence on the part of the movant 3 the evidence must not be merely cumulative or impeaching 4 the evidence must be material and 5 the evidence must be likely to produce an acquittal if a new trial is granted B. holding evidence not to be material within the meaning of brady when the evidence did not eliminate the defendant as the perpetrator C. holding that appellate courts determine the sufficiency of the evidence to support a conviction based on a review of all of the evidence admitted at trial D. recognizing that the value of brady evidence must be evaluated in light of the other evidence admitted at trial E. holding that upon remand if the trial court determined that the testimony in a newly discovered evidence claim was reliable the trial court must review that new evidence as well as brady claims that were previously rejected in a prior postconviction motion because the evidence was equally accessible to the defense and there was no reasonable probability that the result of the trial would have been different had the evidence been disclosed

assistant: The best answer is D. recognizing that the value of brady evidence must be evaluated in light of the other evidence admitted at 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 case excerpt and choose the best holding from the options. Case excerpt: for loss of visibility if the loss arose directly from changes that occurred on the property taken. Id. at 344, 693 A.2d 864. Similarly, in Pub. Serv. Elect. & Gas v. Oldwick, 125 N.J.Super. 31, 34-35, 308 A.2d 362 (App.Div.), certif. denied, 64 N.J. 153, 313 A.2d 213 (1973), a property owner, over whose property a utility company condemned an easement for passage of transmission lines, sought severance damages for value lost due to the construction of three large towers on nearby land. The court held that the property owner could not recover damages arising from the total project, but instead was entitled to compensation only for damages caused by the use of the land actually taken from him. Id. at 36-38, 308 A.2d 362; see also, Dikert, supra, 319 N.J.Super. at 324, 725 A.2d 119 (<HOLDING>). Following this reasoning, defendants here Options: A. holding servient estate had no right to close or lock gate which existed prior to creation of nonexclusive access easement because it interfered with purpose of easement B. holding that the dominant tenement a power company rather than the servient tenement had affirmative duties of inspection and repair related to its easement C. holding that permanent easement arising from condemnation of pipeline easement reduced property value by 20 D. holding that language of easement did not support restrictive interpretation proposed by landowner owners of servient estate E. holding that owners of access easement had no claim for severance damages arising from condemnation of servient tenement

assistant: The best answer is E. holding that owners of access easement had no claim for severance damages arising from condemnation of servient tenement
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: hearsay rule if they have “equivalent circumstantial guarantees of trustworthiness,” and certain other requirements are met. Fed.R.Evid. 807. Although no such express residual exception exists under New York law, New York courts have recently recognized a constitutionally-based exception to the hearsay prohibition for certain evidence offered by defendants in criminal cases. See People v. Robinson, 89 N.Y.2d 648, 657 N.Y.S.2d 575, 579, 679 N.E.2d 1055 (1997) (allowing defendant, on constitutional principles, to introduce grand jury testimony of unavail able witness, even though such testimony did not fall within recognized hearsay exception); People v. James, 242 A.D.2d 389, 661 N.Y.S.2d 273 (2d Dep’t 1997) (same); People v. Esteves, 152 A.D.2d 406, 549 N.Y.S.2d 30, 35 (2d Dep’t 1989) (<HOLDING>); see also People v. Seeley, 186 Misc.2d 715, Options: A. holding that an objection on hearsay grounds did not preserve for appeal an exception to the hearsay rule that was not specifically raised B. holding florida drivers handbook hearsay and not within any recognized exception to hearsay rule C. recognizing that the united states constitution may require courts to admit exculpatory hearsay statements that do not fall within any recognized hearsay exception D. holding that the rejection of the exculpatory hearsay testimony of a government witness was in error particularly in view that accusatory hearsay was admitted E. holding that statements within a firmly rooted hearsay exception do not violate the confrontation clause

assistant: The best answer is C. recognizing that the united states constitution may require courts to admit exculpatory hearsay statements that do not fall within any recognized hearsay exception
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 Security Agreement may be executed in any number of counterparts and by the different parties hereto on separate counterparts and each such counterpart shall be deemed to be an original, but all such counterparts shall together constitute but one and the same Security Agreement. Receipt of an executed signature page to this Security Agreement by facsimile or other electronic transmission shall constitute effective delivery thereof. Electronic records of executed Loan Documents maintained by the Bank shall be deemed to be originals thereof.

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: that is so related structurally to another substance as to be theoretically derivable from it even when not so obtainable in practice (the methoxy of naphthalene).” Webster’s Int’l 608. Thus, while some of the general purpose dictionaries provide support for Defendant’s suggested definition for derivative, others define the term as proposed by Plaintiffs. Technical dictionaries can also assist claim construction by showing how those skilled in the art define “derivatives.” Moba v. Diamond Automation, Inc., 325 F.3d 1306, 1315 (Fed.Cir.2003) (“[A]s this court has repeatedly counseled, the best indicator of claim meaning is its usage in context as understood by one of skill in the art at the time of invention.”); Dow Chem. Co. v. Sumitomo Chem. Co., 257 F.3d 1364, 1373 (Fed.Cir.2001) (<HOLDING>). Here, again, the cited sources provide Options: A. recognizing we must give insurance policy language its ordinary and generally accepted meaning unless the policy shows that the words used are intended to impart a technical or different meaning B. 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 C. holding that the specifications reference to a selector sufficed as one skilled in the art would have understood the term D. holding a technical term used in a patent document is interpreted as having the meaning that it would be given by persons experienced in the field of the invention unless it is apparent from the patent and the prosecution history that the inventor used the term with a different meaning E. holding that courts may consult scientific dictionaries and technical treatises to deter mine the ordinary meaning of a technical term to persons skilled in the art

assistant: The best answer is E. holding that courts may consult scientific dictionaries and technical treatises to deter mine the ordinary meaning of a technical term to persons skilled in the art
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: over their management or disposition. 29 U.S.C. § 1002(21)(A)(i) (emphasis added). As the Supreme Court has instructed, “[w]e do not lightly assume that Congress has omitted from its adopted text requirements that it nonetheless intends to apply, and our reluctance is even greater when Congress has shown elsewhere in the same statute that it knows how to make such a requirement manifest.” Jama v. Immigration & Customs Enforcement, 543 U.S. 335, 125 S.Ct. 694, 700, 160 L.Ed.2d 708 (2005). Day points to nothing — in either ERISA or the caselaw interpreting it — to overcome this reluctance. Day undeniably had “authority or control”, over the “disposition” of the plans’ “assets.” The plans sent to Day checks made payable to him. Day then deposited the plans’ funds -22 (3d Cir.2003) (<HOLDING>); LoPresti v. Terwilliger, 126 F.3d 34, 40 (2d Options: A. holding that a termination of an erisa plans benefits must be based upon the plans terms and language B. holding that a bank which does no more than hold plan funds and generate reports is not a fiduciary C. holding that employers decision to merge plans did not invoke the fiduciary duty provisions of erisa D. holding a bank is a fiduciary under the disposition clause where it wrongfully disbursed the plans funds E. recognizing that benefit plans must designate a fiduciary to serve as the plan administrator

assistant: The best answer is D. holding a bank is a fiduciary under the disposition clause where it wrongfully disbursed the plans funds
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 would not, either individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect, the Borrower and its Restricted Subsidiaries have timely filed all Tax returns and reports required to be filed, and have timely paid all Taxes (including in its capacity as withholding agent) levied or imposed on their properties, income or assets or otherwise due and payable, except those which are being contested in good faith by appropriate proceedings diligently conducted and for which adequate reserves have been provided in accordance with GAAP.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in any number of counterparts, and by the parties hereto on the same or separate counterparts, and each such counterpart, when executed and delivered, shall be deemed to be an original, but all such counterparts shall together constitute but one and the same Amendment. Delivery of an executed counterpart of this Amendment by facsimile or electronic mail shall be equally effective as delivery of an original executed counterpart of this Amendment.

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: and, thus, was not tried with his co-defendants. 13 The jury convicted Trusty of all charges except the kidnapping charges relating to F. D. andC.D. and the possession-of-a-firearm-by-a-convicted-felon charge, which was nolle prossed. We affirmed his convictions in an unpublished opinion, Trusty v. State, 337 Ga. App. XXIX (Case no. A16A0701) (June 10, 2016). 14 See English v. State, 301 Ga. App. 842, 842 (689 SE2d 130) ing that evidence supported the defendant’s convictions on charges of armed robbery of both victims, despite no proof of which victim owned the property taken, when evidence showed that both victims “were subjected to the robbers’ exercise of actual force by the use of an offensive weapon so as to induce the relinquishment of the property”); Harp, 302 Ga. App. at 18 (<HOLDING>). 23 Patch v. State, 337 Ga. App. 233, 236-37 Options: A. holding that police had probable cause to arrest defendant before defendant was identified by victims where victims informed police that two cars had been taken at gunpoint and one of perpetrators was heavyset and wearing striped shirt officers located defendant in vicinity of cars defendant matched description and was disheveled and sweaty and gun was found nearby B. holding that there was sufficient evidence of premeditation and deliberation when the defendant previously planned to commit the robbery armed himself with a shotgun and shot the victim during the robbery C. holding that evidence defendant approached victim with a handgun while attempting to obtain money from conveniencestore cash register but fled without taking cash was sufficient to support convictions for attempted armed robbery D. holding that evidence was sufficient to support convictions for two counts of armed robbery when money was taken from one victims immediate presence at gunpoint and given to second victim and second victim was then forced to surrender the money to defendant at gunpoint E. holding that before a defendant is entitled to introduce evidence of the victims character for violence there must be sufficient evidence to support a finding that the victim was the first aggressor and that once the defendant testified that he was attacked and cut by the victim without provocation before using the victims utility tool to stab the victim the defendant was clearly entitled to question the victim about past acts of violence reflected in court documents from the state of oregon

assistant: The best answer is D. holding that evidence was sufficient to support convictions for two counts of armed robbery when money was taken from one victims immediate presence at gunpoint and given to second victim and second victim was then forced to surrender the money to defendant at gunpoint
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 EXPRESS REPRESENTATIONS AND WARRANTIES OF SELLER CONTAINED IN THIS AGREEMENT (AND THE RE-AFFIRMATIONS THEREOF SET FORTH IN THE APPLICABLE CLOSING CERTIFICATION), TOGETHER WITH THE TITLE WARRANTIES IN THE ASSIGNMENT TO BE DELIVERED AT THE APPLICABLE CLOSING BY SELLER (COLLECTIVELY “ SELLER’S WARRANTIES ”) ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITATION OF THE FOREGOING, SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING ANY WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, RELATING TO: (i) TITLE TO THE ACQUIRED ASSETS; (ii) THE CONDITION, QUANTITY, QUALITY, CONFORMITY TO MODELS OR SAMPLES, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT OF ANY ACQUIRED ASSETS; (iii) THE ACCURACY OR COMPLETENESS OF ANY DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION, OR MATERIALS FURNISHED OR MADE AVAILABLE TO PURCHASER IN CONNECTION WITH THIS AGREEMENT OR THE CONTEMPLATED TRANSACTIONS WHETHER BEFORE, ON, OR AFTER THE EXECUTION DATE; (iv) PRICING ASSUMPTIONS, OR QUALITY OR QUANTITY OF HYDROCARBON RESERVES (IF ANY), ATTRIBUTABLE TO THE ACQUIRED ASSETS OR THE ABILITY OR POTENTIAL OF THE ACQUIRED ASSETS TO PRODUCE HYDROCARBONS; (v) THE ENVIRONMENTAL CONDITION OF THE ACQUIRED ASSETS, BOTH SURFACE AND SUBSURFACE; OR (vi) ANY OTHER MATTERS CONTAINED IN ANY MATERIALS FURNISHED OR MADE AVAILABLE TO PURCHASER OR ANY OF ITS ENTITY REPRESENTATIVES BY SELLER OR ANY OF ITS ENTITY REPRESENTATIVES.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Parent, the Issuer and each other Material Subsidiary of the Parent has been duly incorporated or otherwise organized and is validly existing in good standing under the Laws of the jurisdiction of its incorporation or formation, with power and authority (corporate and other) to own its properties and conduct its business as described in the Public Disclosure Documents and is duly qualified to transact business and is in good standing in each jurisdiction in which the conduct of its business or its ownership or leasing of property requires such qualification, except where the failure to obtain such qualification or good standing would not reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of evidence which the State had placed before the court, there is no reason to suspect that the trial judge’s ruling on the motion would have been any different after all the evidence was presented. Therefore, Jackson’s attorney’s failure to move for an acquittal at the conclusion of all the evidence did not render the trial result unreliable or the proceeding fundamentally unfair because in all probability the result would have been the same even if the motion had been made. If Jackson’s trial counsel had renewed his motion, then he would have preserved the issue of sufficiency of the corroborating evidence for appeal. On direct appeal, Jackson would have argued that the motion for judgme 90 Ark. 130, 717 S.W.2d 784 (1986); Cockrell v. State, 256 Ark. 19, 505 S.W.2d 204, 206 (1974) (<HOLDING>). Given that Arkansas ease law does not clearly Options: A. holding that carry includes driving a car with guns locked in the glove compartment or the trunk B. holding that guns located in trunk of car were carried under statute C. holding that the term carry includes driving a car with guns locked in the glove compartment or the trunk D. holding recovery of stolen guns from trunk of accuseds car was insufficient corroboration of testimony of accomplice who lived with accused and used his car E. holding that a defendant who had borrowed a car for a limited period of time had no legitimate expectation of privacy in the cars locked trunk where it was the very person from whom he had borrowed the car who first called the police after he failed to return the car

assistant: The best answer is D. holding recovery of stolen guns from trunk of accuseds car was insufficient corroboration of testimony of accomplice who lived with accused and used his car