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: §§ 1153(a), 3231, and 3242, and we exercise jurisdiction under 28 U.S.C. § 1291. We review the sufficiency of the evidence de novo, United States v. Bennett, 621 F.3d 1131, 1135 (9th Cir.2010), which requires us “to determine whether ‘after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt,’ ” United States v. Nevils, 598 F.3d 1158, 1163-64 (9th Cir.2010) (en banc) (quoting Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)). We review the sentence for abuse of discretion. United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc). “It is an abuse of discretion for a district court to apply the Guidelines to the fact h Cir.1996) (<HOLDING>). Here, the jury heard unequivocal testimony Options: A. holding that evidence was insufficient where the victim testified that she was awake and communicated her desire not to have sexual intercourse with the defendant B. holding that evidence the defendant brandished a knife moved victim under a desk in her office forced her to have sexual intercourse there and scratched her hip while doing so supported defendants aggravatedassault kidnappingwithbodilyinjury and rape convictions C. holding that the elevenyearold victims twentyonemonth delay in reporting her grandfathers inappropriate sexual conduct was adequately explained where the child testified that she did not tell anyone about the incident because her grandfather told her not to tell she did not think anybody was going to believe her and she felt scared and threatened by the defendant D. holding that trial court was not required to conclude that wife was disabled for alimony purposes where she testified about her disability and offered documentation of her social security disability benefits but where she produced no medical testimony and where other evidence indicated that she was otherwise active and did not stay in bed all day as she claimed E. holding that complaining witnesss passive submission to her fathers act of carnal intercourse with her without her consent and that she failed to outcry or resist because she was frightened were insufficient to show she was not an accomplice

assistant: The best answer is A. holding that evidence was insufficient where the victim testified that she was awake and communicated her desire not to have sexual intercourse with the defendant
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Please avoid this by making payment. Please send full payment.” Id. at 2. While the statutory validation language was highlighted at the bottom of the same page, the court granted summary judgment for the plaintiff, stating: “Although the letter does not clarify what constitutes continuation of the collection process or what ramifications stem from such a process, the least sophisticated consumer can be left with only one impression — that the cessation of this ominous ‘collection process’ will occur only if full payment is made.” n urgent, restrictive time limit within which plaintiff must make payment. Cf. Russell, 74 F.3d at 32. It even used the permissive language of “we must ask you to remit the balance shown” rather than issuing a demand or a threat. Cf. Kramsky, 00-CIV-2936 at 5 (<HOLDING>); Sokolski, 53 F.Supp.2d at 311 (holding that Options: A. holding that if you do not qualify under the hup test you never get to the statute B. holding that the language by not addressing this matter you will cause the collection process to continue implied that undesirable consequences would follow if she failed to pay in full C. holding that the district courts question do you also understand that under some circumstances you or the government may have the right to appeal any sentence that i impose did not comply with rule llbln and failed to properly notify the defendant about the waiver of his appellate rights D. holding that warning that this plea may have a bearing on whatever relationship you have with the immigration and naturalization service completely failed to specify consequences of plea as required by statute E. holding that instructions are sufficient which substantially follow the language of the statute or use equivalent language

assistant: The best answer is B. holding that the language by not addressing this matter you will cause the collection process to continue implied that undesirable consequences would follow if she failed to pay in full
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 by facsimile or .pdf signatures and in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts shall be construed together and shall constitute one and the same instrument.

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: assault and indecency with a child.”); see also Webster’s Third New International Dictionary (2002) 543 (defining "crotch” as "something in the form of an angle usu. less than a right angle formed by the parting (as from a trunk or body) of two legs .... ”). 4 . S.A. was fifteen years old at the time of trial, and shé is S.W.’s half-sister. 5 . D.B, was seventeen years old at the time of trial. 6 . Subsection (a)(1) referenced in article 38.37, section 2(b) includes prosecution under section 21.11 of the Texas Penal Code for indecency with a child. See Tex. Code Crim. Proc. Ann. art. 38.37, § 2(a)(1)(C). 7 . On appeal, the State contends Fisk waived this complaint because he did not object when the two witnesses testified. See Hudson v. State, 675 S.W.2d 507, 511 (Tex. Crim. App. 1984) (<HOLDING>). We disagree with the State’s waiver argument. Options: A. holding that any error in the exclusion of evidence is cured by the subsequent admission of the evidence B. holding that for error to be preserved on appeal with regard to admission of evidence in violation of a ruling on a motion in limine that the evidence is inadmissible an objection should be made at the time the evidence is offered C. holding any error in admission of evidence cured when same evidence later admitted without objection D. holding it is well settled that an error in admission of evidence is cured where the same evidence comes in elsewhere without objection defense counsel must object every time allegedly inadmissible evidence is offered E. holding that the foundational prerequisites are unnecessary where the test result is admitted in evidence without objection when evidence of one of the issues in the case is admitted without objection the party against whom it is offered waives any objection to the evidence and it may be properly considered even if the evidence would have been excluded upon a proper objection

assistant: The best answer is D. holding it is well settled that an error in admission of evidence is cured where the same evidence comes in elsewhere without objection defense counsel must object every time allegedly inadmissible evidence is offered
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 the conversation in the car was unremarkable. These are not the facts of United States v. Ceballos, 812 F.2d 42, 45 (2d Cir.1987), in which law enforcement agents refused a suspect’s request to follow them in a company car to the interrogation site. As the federal court found, the agents’ refusal would have made a reasonable person feel obligated to accompany them. Id. at 48. Nor is this case like Myers v. State, 3 Md.App. 534, 535-36, 240 A.2d 288 (1968), in which a police vehicle essentially became an interrogation room, where the suspect was confined and questioned. As for Minehan’s interview at the police station, we recognize that each case must be judged on its own merits, although certain benchmarks have developed in the thirty-plus years of Miranda l d 246, 252-54 (2001) (<HOLDING>). All three of the factors discussed above Options: A. holding that waiver by attorney was binding upon the accused when before the state introduced the evidence complained of on appeal counsel for the state in the presence of the accused and his counsel stated the agreement and the evidence of the witness was then read to the jury in the presence of the accused and his counsel without objection B. holding that accused was not in custody when asked to go to the police station and left the station freely C. holding that police failure to inform the accused of his attorneys attempts to contact him and misstatements to the attorney as to whether the accused was at the police station did not violate the accuseds due process rights D. holding the defendant was not under arrest when police asked him to go to the station and then offered him a ride because he did not have transportation E. holding that accused was not in custody when asked to give his side of the story and then left the station unencumbered

assistant: The best answer is E. holding that accused was not in custody when asked to give his side of the story and then left the station unencumbered
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Section 1.2 hereof, each of the Parties to this Agreement (a) agrees that all actions arising out of or relating to this Agreement or any of the transactions contemplated by this Agreement shall be heard and determined in the Federal Courts of the United States of America or the courts of the State of New York, in each case located in the City of New York and County of New York, (b) irrevocably consents to submit itself to the exclusive jurisdiction and venue of such courts in any action, (c) agrees that all claims in respect of such action shall be heard and determined in any such court, (d) agrees that it shall not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court, and (e) agrees not to bring any action arising out of or relating to this Agreement or any of the transactions contemplated by this Agreement in any other court. Each of the Parties hereto waives any defense of inconvenient forum to the maintenance of any action so brought and waives any bond, surety or other security that might be required of any other Party with respect thereto. Any Party hereto may make service on another Party by sending or delivering a copy of the process to the Party to be served at the address and in the manner provided for the giving of notices in Section 10.3. Nothing in this Section 10.8, however, shall affect the right of any Party to serve legal process in any other manner permitted by law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: examinations found signs of pneumoconiosis. Dr. Gregory J. Fino prepared a report, not attributed to either party, concluding there was no evidence of pneumoconiosis. Finally, an independent medical expert, Dr. Peter G. Tut-eur, opined that there was not enough significant pathology to indicate Billy Liv-ermore suffered from pneumoconiosis. The ALJ found that the postmortem evidence showed Billy Livermore had an-thracosis, which was sufficient to establish that he had clinical pneumoconiosis. See 20 C.F.R. § 718.201 and 20 C.F.R. §§ 718.202(a)(2), (a)(4). The ALJ credited the opinions of the physicians who actually conducted the biopsy and autopsy evidence, over Amax’s experts, who only examined the results of the autopsy. See Peabody Coal Co. v. Shonk, 906 F.2d 264, 269 (7th Cir.1990) (<HOLDING>). The ALJ also concluded that Billy Livermore’s Options: A. holding that it is permissible for an alj to credit the opinions of physicians who perform an autopsy over those who merely view the results B. holding that an alj may discount a treating physicians opinion where the physician has offered inconsistent opinions C. holding those who are to perform the command of the writ are necessary parties D. holding that nontreating physicians opinions are entitled to little weight when contradictory to treating physicians opinions and will not constitute substantial evidence standing alone E. holding that where the alj had already obtained and considered reports from treating physicians the alj had before him a complete medical history and the evidence received from the treating physicians was adequate for him to make a determination as to disability

assistant: The best answer is A. holding that it is permissible for an alj to credit the opinions of physicians who perform an autopsy over those who merely view the results
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: imprisonment imposed by the District of Columbia on August 20, 1999. U.S.S.G. MANUAL § 5G1.3(a). In such circumstances, § 5G1.3(a) directs that “the sentence for the instant offense shall be imposed to run consecutively to the undischarged term of imprisonment.” Id. The relevant application note, Application Note 1 to § 5G1.3(a), is in accord. Hence, while the district court may have erred in thinking that Note 6 was the relevant application note, a consecutive sentence was nonetheless required, and the consecutive sentence that the court imposed therefore contains no error. By the same token, because HaU’s sentence does not differ from the one the court was required to impose by a correct application of the guidelines, the defendant has suffered no prejudice. See Saro, 24 F.3d at 288 (<HOLDING>). We therefore reject his request to remand the Options: A. holding that to establish prejudice the defendant must show a reasonable likelihood that the sentencing courts obvious errors affected his sentence B. holding that all sentencing errors must be preserved C. holding that to establish prejudice sufficient to warrant finding of ineffective assistance the defendant must show that there is a reasonable probability that but for counsels unprofessional errors the result of the proceeding would have been different D. holding that defendant must show reasonable probability that but for counsels errors the sentence would have been significantly less harsh E. holding that to show prejudice in a claim of ineffective assistance of appellate counsel the petitioner must show a reasonable probability that but for counsels errors the result of the proceeding would have been different

assistant: The best answer is A. holding that to establish prejudice the defendant must show a reasonable likelihood that the sentencing courts obvious errors affected his sentence
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: Notwithstanding any other provision of the Notice or these Terms and Conditions to the contrary, if before the Fourth Vesting Date you incur a Separation from Service due to your having incurred a Disability, then all remaining Forfeiture Restrictions then applicable to the RSUs shall immediately lapse on, and payment in respect of vested RSUs shall be made as soon as practicable (but no later than 60 days) following, the date of your Separation from Service; provided , that, if you are a Specified Employee, payment in respect of vested RSUs shall instead be made on the date that is 6 months and 1 day following your Separation from Service; provided, however, that if you die before the expiration of such 6-month delay period (if applicable) then payment shall be made as soon as practicable (but no later than 60 days) following the date of your death.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Credit Parties, jointly and severally, hereby indemnifies and holds the Lender Indemnitees, their successors and assigns, and each of them, harmless from and against any and all charges, complaints, claims, counter-claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, cross-actions, threats, setoffs, equities, judgments, accounts, suits, liens, rights, demands, benefits, costs, losses, debts, expenses, and other distributions, of every kind and nature whatsoever, payable by any of the Lender Indemnitees to any Person, including reasonable attorneys’ and paralegals’ fees and expenses, court costs, settlement amounts, costs of investigation and interest thereon from the time such amounts are due at the highest non-usurious rate of interest permitted by applicable law (collectively, the “ Claims ”), through all negotiations, mediations, arbitrations, trial and appellate levels, as a result of, or arising out of, or relating to any matters relating to this Amendment, the Credit Agreement, or any other Loan Documents. The foregoing indemnification obligations shall survive the termination of the Credit Agreement or any of the Loan Documents, and repayment of the Obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Whenever Members are required or permitted to take any action at a meeting, a written notice of the meeting shall be given which shall state the place, date and hour of the meeting, and, in the case of a special meeting of Members, the purpose or purposes for which the meeting is called. Unless otherwise required by law, written notice of any meeting shall be given not less than two (2) days nor more than sixty (60) days before the date of the meeting, or on such shorter notice as the person or persons calling such meeting may deem necessary or appropriate in the circumstances, to each Member entitled to notice of and to vote at such meeting. Management Members shall not have the right to receive notice of any meeting of Members unless the Management Members have a right to vote at such meeting pursuant to Section 13.1(a) .

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: court. Procedural unconscionability, which Plaintiff argues here, has been explained by our Supreme Court as going “beyond the mere facial analysis of the contract and examin[ing] the particular factual circumstances surrounding the formation of the contract, including the relative bargaining strength, sophistication of the parties, and the extent to which either party felt free to accept or decline terms demanded by the other.” Cordova v. World Fin. Corp. of N.M., 2009-NMSC-021, ¶ 23, 146 N.M. 256, 208 P.3d 901. {45} In support of her unconscionability argument, Plaintiff cites several cases in which courts from other jurisdictions have identified instances of procedural unconscionability. See, e.g., Woebse v. Health Care & Ret. Corp. of Am., 977 So.2d 630, 633 (Fla. Dist.Ct.App.2008) (<HOLDING>); Prieto v. Healthcare & Ret. Corp. of Am., 919 Options: A. holding the amount of procedural unconscionability was limited by the fact that the arbitration agreement was presented as a separate two page document B. holding that trial court properly terminated fathers obligation to support his seventeenyearold daughter who refused to live with father but instead chose to reside in her own apartment after her mother moved out of state where daughter offered no justifiable reason for not living with her father daughter only contended that her stepmother was too neat for her and that she wanted to live closer to her friends C. holding that the plaintiffs evidence of pretext which included but was not limited to her supervisors statement that she had enough of the plaintiff going to her supervisor about her was not sufficient to preclude summary judgment D. holding that procedural unconscionability existed where a nursing home residents daughter met with the homes administrator for about five minutes during which time she was presented with a thirtyseven page document that included an arbitration clause and instructed that her fathers continued stay in the home was conditioned upon her signing the papers which the administrator flipped through and presented the signature pages E. holding that daughter had no express authority to sign arbitration agreement for mother where no power of attorney and daughter did not discuss signing the agreement with her mother

assistant: The best answer is D. holding that procedural unconscionability existed where a nursing home residents daughter met with the homes administrator for about five minutes during which time she was presented with a thirtyseven page document that included an arbitration clause and instructed that her fathers continued stay in the home was conditioned upon her signing the papers which the administrator flipped through and presented the signature pages
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 Required Vendors may instruct the Collateral Agent to agree to release in whole or in part or to subordinate any Collateral to any claim or other actual or proposed security interest and may enter into any agreement with the Company to evidence such subordination.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Third Amendment may be executed in one or more counterparts, each of which, when taken together, shall constitute one and the same document. A facsimile or portable document format (PDF) signature on this Third Amendment shall be equivalent to, and have the same force and effect as, an original signature.

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: Each party has cooperated in the drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the same shall not be construed against any party on the basis that the party was the drafter.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Forbearance may be executed by one or more of the parties hereto in any number of separate counterparts, and all of such counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of this Forbearance by facsimile or electronic transmission in portable document format (.pdf) shall be effective as delivery of a manually executed counterpart hereof.

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: Executive’s health insurance benefits shall cease on the last day of the month in which the Separation Date occurs, subject to Executive’s right to continue Executive’s health insurance under COBRA. Executive’s participation in all benefits and incidents of employment, including, but not limited to, equity vesting (including the Stock Awards), and the accrual of bonuses, vacation, and paid time off, ceased as of the Separation Date, except as may be provided in Section 1 above.

assistant: Benefits
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 (a) by 9:00 a.m. (New York City time) on the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby, and (b) file a Current Report on Form 8-K, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. In addition, effective upon the issuance of such press release, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, agents, employees or Affiliates on the one hand, and any of the Purchasers or any of their Affiliates on the other hand, shall terminate. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: this Court is not to diminish a legislatively intended immunity by inventive judicial interpretation. But this Court also does not function to expand an immunity beyond that intended by the Legislature, to expand it to a point that conflicts with legislative intention as determined by our previously well-settled rules of construction. We do not intend to become, and in the past we have not been, advocates of compensation for injured parties in conflict with the legislative will. We have sustained the legislative immunities in the most tragic settings. See Levin v. County of Salem, 133 N.J. 35, 626 A.2d 1091 (1993) (finding no government liability where man dove from county bridge into shallow tidal waters, suffering paralyzing injury); Manna v. State, 129 N.J. 341, 609 A.2d 757 (1992) (<HOLDING>); Weiss, supra, 128 N.J. 376, 608 A.2d 254 Options: A. holding that police officers are entitled to conduct an investigatory stop of a motorist if they have reasonable suspicion that the motorist has committed a traffic violation B. holding state immune from suit brought in state court C. holding public entity immune when both drivers could plainly see that traffic light was not functioning D. holding that if property is not property1 of the public entity then the public entity cannot be subject to suit under the dangerous condition waiver E. holding public entity immune where motorist killed in accident on a bridge slippery from rain

assistant: The best answer is E. holding public entity immune where motorist killed in accident on a bridge slippery from rain
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: CURIAM. See Dickerson v. Feldman, 426 F.Supp.2d 130 (S.D.N.Y.2006) (<HOLDING>). AFFIRMED. ORFINGER, LAWSON and EVANDER, JJ., Options: A. holding that district court did not abuse its discretion in refusing to certify class action when claims were so individualized that certification was improper B. holding that because no class was certified at the time the individual claims were dismissed the class action was properly dismissed C. holding where plaintiffs stake in controversy disappears before there has been effort to certify class action the action must be dismissed D. holding that a class action is not mooted by the intervening resolution of the controversy as to the named plaintiffs E. holding that to maintain a class action the existence of the class must be pleaded and the limits of the class must be defined with some specificity

assistant: The best answer is C. holding where plaintiffs stake in controversy disappears before there has been effort to certify class action the action must be dismissed
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 Administrative Agent, the Lenders and the Issuing Lender agrees to maintain the confidentiality of the Information, except that Information may be disclosed (i) to its Affiliates and to its and its Affiliates’ respective partners, directors, officers, employees, agents, advisors and other representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), (ii) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable Laws or regulations or by any subpoena or similar legal process, (iv) to any other party hereto, (v) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section 11.9 [Confidentiality], to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (B) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to the Borrowers and their obligations, (vii) with the consent of the Borrowers or (viii) to the extent such Information (Y) becomes publicly available other than as a result of a breach of this Section 11.9 [Confidentiality] or (Z) becomes available to the Administrative Agent, any Lender, the Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a source other than the Borrowers or the other Loan Parties; provided that such source is not (to the recipient’s knowledge or the knowledge of any of its representatives) bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality to the Borrowers or any of its Subsidiaries. Any Person required to maintain the confidentiality of Information as provided in this Section 11.9 [Confidentiality] shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: under 23(b)(2) in case where employees sought injunctive relief in form of court-administered medical monitoring program against manufacturers of chemicals to which employees were allegedly exposed in the workplace); German v. Federal Home Loan Mortgage Cor p. 1466, 1477 (N.D.Cal.1987) (Medical monitoring program “which will pool and share knowledge about the results of the alleged exposure and will provide for diagnosis and preventive medical advice” is equitable relief); Ayers v. Jackson Township, 106 N.J. 557, 525 A.2d 287, 314 (1987) (“[T]he use of a court-supervised fund to administer medical-surveillance payments in mass exposure cases ... is a highly appropriate exercise of the Court’s equitable powers.”); Burns v. Jaquays Min. Corp., 156 Ariz. 375, 752 P.2d 28, 34 (App.Ct.1987) (<HOLDING>). Nor does the proposed remedy suffer from the Options: A. holding that a courts equitable powers must yield in the face of an unambiguously worded statute B. holding that it was within the bankruptcy courts equitable powers to award damages in an action for fraud on the court C. holding that courtsupervised medical surveillance fund is exercise of courts equitable powers D. recognizing equitable powers necessary and appropriate to carry out the provisions of this title E. recognizing that court may intervene in arbitration proceeding by invoking equitable powers

assistant: The best answer is C. holding that courtsupervised medical surveillance fund is exercise of courts equitable powers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: we shall “treat the findings of fact as established for the purpose of determining appropriate sanctions, if any.” Maryland Rule 16 — 759(b)(2)(A). On the other hand, as Rule 16 — 759(b)(1) mandates that we do, we “shall review de novo the Circuit Court judge’s conclusions of law.” That non-deferential review convinces us that the conclusions of law drawn by Judge Norman are supported by the facts found and, so, we shall accept, and adopt, them as established by clear and convincing evidence. This leaves for determination only the appropriate sanction. On January 18, 2013, the date set for oral argument, we issued a Per Curiam Order immediately disbarring the respondent “for reasons to be stated in an opinion later to be filed.” We now sta Md. 560, 572, 810 A.2d 487, 494 (2002) (<HOLDING>).” Although not making a sanction Options: A. holding that disbarment was proper where the attorney misappropriated payments from clients of his firm for his own use and took steps to conceal his conduct from his firm B. holding that disbarment was the appropriate sanction for an attorneys repeated material misrepresentations C. holding that disbarment was the appropriate sanction where an attorney misappropriated funds from his real estate partners D. holding that disbarment was the appropriate sanction for an attorney who converted partnership money to his own use without authorization and without disclosure to his other partners E. holding that disbarment is the presumptive sanction for misappropriating approximately 15000 in funds he had received from clients

assistant: The best answer is C. holding that disbarment was the appropriate sanction where an attorney misappropriated funds from his real estate partners
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 Option shall be exercised by the Optionee by delivering to the Secretary of the Company or his designated agent on any business day (the “Exercise Date”) a written notice, in such manner and form as may be required by the Company, specifying the number of the Option Shares the Optionee then desires to acquire (the “Exercise Notice”). The Exercise Notice shall be accompanied by payment of the aggregate Per Share Exercise Price for such number of the Option Shares to be acquired upon such exercise. Such payment shall be made in the manner set forth in Section 6.5 of the Plan.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: quotation marks omitted); see Glinka v. Murad (In re Housecraft Indus. USA, Inc.),.310 F.3d 64, 72 (2d Cir.2002) (applying Commodore to derivative suits by a secured creditor). “This approach permits a reasoned and practicable division of labor between the creditors’ committee [and individual creditors] and the debtor in possession or trustee.” In re Commodore Int’l, 262 F.3d at 100. Critically, however, it “also provid[es] bankruptcy courts with significant authority both to manage the litigation and check any potential for abuse by the parties.” Id. As our sister circuits that permit derivative standing have recognized, the bankruptcy court plays a vital gatekeeper role in determining whether derivative standing is appropriate in a given case. See, e.g., Cybergenics, 330 F.3d at 580 (<HOLDING>); Fogel, 221 F.3d at 965 (recognizing Options: A. holding that creditor lacked appellate standing to appeal order of bankruptcy court absent permission of bankruptcy court B. holding that a bankruptcy courts jurisdiction is derivative and dependent upon these three bases C. recognizing derivative standing that bankruptcy courts can authorize D. recognizing derivative standing if the bankruptcy court determines that certain conditions exist and certain prerequisites are met E. recognizing bankruptcy courts jurisdiction over such a collateral attack

assistant: The best answer is C. recognizing derivative standing that bankruptcy courts can authorize
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: Executive’s employment with the Company terminated on March 29, 2018 (the “ Termination Date ”). The Parties agree to treat such termination as a resignation for Good Reason pursuant to Section 5(c) of the Employment Agreement.

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 legal provision and list the applicable contract clause categories. Provision: All obligations of the Partnership under the Plan shall be binding upon and inure to the benefit of any successor of the Partnership, whether the existence of such successor is the result of a direct or indirect purchase, merger, consolidation, or otherwise, of all or substantially all of the business and/or assets of the Partnership.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: In other words, by the nature of the proceedings, the individual does not have the liberty of arranging for the test himself, so the statute makes at least one provision for police assistance, which is police transportation to the independent testing facility. However, that the statute does not provide for a phone call to obtain the necessary funds should not foreclose that individual’s right. Indeed, to hold as such would render meaningless the requirement of the statute that the individual be given the opportunity to obtain an independent chemical analysis of his blood, and would further sanction police misconduct in misinforming an indmdual about the test and preventing an individual from obtaining such a test. See State v. Weaver, 86 Ohio App.3d 427, 621 N.E.2d 526, 529 (1993) (<HOLDING>). Other jurisdictions having similar statutory Options: A. holding the limit of two tests in section 5770202 applies to the types of chemical test performed and not the number of times the same chemical test is performed B. holding that a defendants right to an independent blood alcohol test means the right to a test that is not subject to government manipulation C. holding that an arrest occurred despite an officers testimony that the accused was only detained prior to a breath test D. holding that denial of an independent chemical test after defendant refused to submit to a policeadministered test did not violate due process E. holding that suppression of stateadministered breath test is necessary where the accused is denied access to a telephone despite his requests to arrange an independent chemical test

assistant: The best answer is E. holding that suppression of stateadministered breath test is necessary where the accused is denied access to a telephone despite his requests to arrange an independent chemical test
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 LOAN DOCUMENTS AND THE PARTIES’ RIGHTS AND OBLIGATIONS THEREUNDER SHALL IN ALL RESPECTS BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF ILLINOIS (WITHOUT GIVING EFFECT TO ILLINOIS’ PRINCIPLES OF CONFLICTS OF LAW), EXCEPT TO THE EXTENT (A) OF PROCEDURAL AND SUBSTANTIVE MATTERS RELATING ONLY TO THE CREATION, PERFECTION, FORECLOSURE AND ENFORCEMENT OF RIGHTS AND REMEDIES AGAINST THE PREMISES, WHICH MATTERS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF WHERE THE PREMISES IS LOCATED, AND (B) THAT THE LAWS OF THE UNITED STATES OF AMERICA AND ANY RULES, REGULATIONS, OR ORDERS ISSUED OR PROMULGATED THEREUNDER, APPLICABLE TO THE AFFAIRS AND TRANSACTIONS ENTERED INTO BY LENDER, OTHERWISE PREEMPT THE LAW OF THE STATE WHERE THE PREMISES IS LOCATED OR ILLINOIS LAW; IN WHICH EVENT SUCH FEDERAL LAW SHALL CONTROL.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the writ, the CCA examines the substance of the claim to see if it establishes a prima facie case of retardation, and only upon deciding that question can the state court decide whether remand is appropriate.”). 10 . Brown v. Dretke, 419 F.3d 365, 371 (5th Cir.2005). 11 . 536 U.S. 304, 321, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). 12 . Id. at 317, 122 S.Ct. 2242 (quoting Ford v. Wainwright, 477 U.S. 399, 405, 416-17, 106 S.Ct. 2595, 91 L.Ed.2d 335 (1986)). 13 . In re Hearn, 418 F.3d 444, 446 (5th Cir.2005). 14 . Ex parte Briseno, 135 S.W.3d 1, 7 & nn. 24-25 (Tex.Crim.App.2004) (citing American Association of Mental Retardation, Mental Retardation: Definition, Classification, and Systems of Support 5 (9th ed.1992)). 15 . See Rivera v. Quarterman, 505 F.3d 349, 361-63 (5th Cir.2007) (<HOLDING>); see also Bri-seno, 135 S.W.3d at 9 (“[T]he Options: A. holding that trial court did not err B. holding that the district court did not clearly err in finding that defendant suffered from significantly subaverage intellectual functioning and related limitations in adaptive functioning C. holding that a district court did not clearly err in finding materiality where the prior art reference at issue had been considered material by examiners in related foreign patent applications D. holding that a trial court did not clearly err in finding that an attorney fees clause materially altered a contract E. holding that superior court did not clearly err in finding that the parent had not remedied the problematic conduct

assistant: The best answer is B. holding that the district court did not clearly err in finding that defendant suffered from significantly subaverage intellectual functioning and related limitations in adaptive functioning
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: Capitalized terms that are used but are not otherwise defined in this Agreement have the meanings assigned to them in the Sale and Servicing Agreement, dated as of July 5, 2017, by and among the Issuer, the Seller, the Servicer and Citibank, N.A., a national banking association, as Trust Collateral Agent.

assistant: Definitions
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 Administrative Agent shall have received a customary certificate from the chief financial officer or treasurer of Borrower certifying that Borrower, after giving effect to the Transactions contemplated to occur under the Loan Documents, in each case on or as of the Closing Date, is solvent (within the meaning of Section 3.12 ).

assistant: Solvency
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 amends, restates and supersedes in its entirety the Original Loan Agreement from and after the Restatement Date. From the Initial Funding Date through the day immediately preceding the Restatement Date, the Original Loan was governed by the Original Loan Agreement and, from and after the Restatement Date, the Original Loan, together with the Additional Advance, shall be governed by this Agreement. The parties hereto acknowledge and agree that (a) this Agreement does not constitute a novation, payment and reborrowing or termination of the obligations evidenced by the documents, instruments and other agreements evidencing and governing the Original Loan, including the indebtedness evidenced by the Original Note; and (b) the obligations in respect of the Original Loan are in all respects continuing with only the terms thereof being amended and restated as provided in this Agreement.

assistant: Amendments