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: There, the Florida Supreme Court explained that the parties did not argue that a statement noting the plaintiff’s death within a response to the trial court’s case status order was sufficient to constitute a suggestion of death. However, the court then went on to opine that it did “not construe [the] response as a formal suggestion of death as contemplated by ... rule [1.260].” 600 So.2d at 1101 n.4. While not the holding of the case, such language strongly implies that a passing reference to a party’s death in a document that was not filed for the purpose of notifying the litigants of the death is not sufficient to start the ninety-day time period set forth in rule 1.260(a)(1). Federal courts hold similarly. See, e.g., Grandbouche v. Lovell, 913 F.2d 835, 836-37 (10th Cir. 1990) (<HOLDING>); United States v. Miller Bros. Constr. Co., Options: A. holding that because a disclaimer relates back to the decedents death the status of parties in the chain of succession are established as of the time of death regardless of when the disclaimer is made B. holding a wrongful death action may not be maintained for the death of an unborn child C. holding that the statement i have a gun is a threat of death D. holding that a death sentence for a conviction for the rape of a child where the crime did not result and was not intended to result in death of the victim was barred by the eighth amendment E. holding that the ninetyday time period under the federal rule is not triggered unless a formal suggestion of death is made on the record regardless of whether the parties have knowledge of a partys death and that mere reference to a partys death in court proceedings or pleadings is not sufficient to trigger the limitations period for filing a motion for substitution

assistant: The best answer is E. holding that the ninetyday time period under the federal rule is not triggered unless a formal suggestion of death is made on the record regardless of whether the parties have knowledge of a partys death and that mere reference to a partys death in court proceedings or pleadings is not sufficient to trigger the limitations period for filing a motion for substitution
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: A Seller Indemnified Party or Buyer Indemnified Party, as the case may be, claiming a right to indemnification hereunder (the “ Indemnified Party ”) shall notify the party from whom it is seeking indemnification (the “ Indemnifying Party ”) within a reasonable period of time after it becomes aware of facts tending to support a claim for indemnification under this Article 7 , and shall provide the Indemnifying Party as soon as practicable thereafter all information and documentation necessary to support and verify any Loss associated with such claim. The failure by an Indemnified Party so to notify the Indemnifying Party shall not relieve the Indemnifying Party of any liability that it may have to any Indemnified Party, except to the extent that the Indemnifying Party demonstrates that it has been prejudiced by the Indemnified Party’s failure to give such notice in a timely manner or failure to provide such information or documentation, as the case may be.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which shall, taken together, be considered one and the same agreement. Delivery of an executed signature page of this Agreement by facsimile or other electronic image scan transmission shall be effective as delivery of a manually executed counterpart of this Agreement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: unless otherwise specified , the materials on the websites are presented solely to provide information regarding and to promote tripadvisor 's services , websites , partners and other products available in the united states , its territories , possessions and protectorates .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as to matters of federal law and the provisions of Section II hereof, this Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware without regard to its conflict of laws rules. This Agreement shall also be governed by, and construed in accordance with, the terms of the Plan.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All issued and outstanding shares of capital stock or other equity interests of the Debtors and each of their respective Subsidiaries, as applicable, have been duly authorized and duly and validly authorized and issued, and are fully paid and nonassessable, and are not subject to any preemptive rights. None of the Debtors or any of their respective Subsidiaries is a party to any outstanding option, warrant, call, subscription or other right (including any preemptive right), agreement or commitment which obligates any of them to issue, sell or transfer, or repurchase, redeem or otherwise acquire, any shares of the capital stock or other equity interest in the Debtors or any of their Subsidiaries.

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: of the plan require payment for the services it rendered. In fact, the plaintiffs cause of action does not in any sense turn on an interpretation of the rights of a beneficiary under the plan. Rather, the complaint alleges that the agents of the defendant’s employee benefit plan misrepresented that the plan would cover the expenses of one of its beneficiaries. The estoppel claim is thus independent of the defendant’s actual obligations under the benefit plan. Id. at 884 (emphasis in original). The court distinguished eases which involved state common law actions brought by actual beneficiaries (employees who claimed rights to benefits pursuant to the terms of their benefit plans). Id.; cf. Misic v. Building Service Employees Health & Welfare Trust, 789 F.2d 1374, 1377-78 (9th Cir.1986) (<HOLDING>). When the claim is not based on a right Options: A. holding that federal common law of erisa preempts state law in the interpretation of erisa benefit plans B. holding that a thirdparty providers claim against insurer for promissory estoppel was not preempted by erisa because the thirdparty provider was not bound by the terms of the erisa plan C. holding that erisa preempts a plaintiffs claims for violation of the state insurance code and consumer protection act D. holding that erisa preempts derivatively asserted thirdparty claims E. holding erisa preempts state contract and tort actions based on improper processing of claims for benefits

assistant: The best answer is D. holding that erisa preempts derivatively asserted thirdparty claims
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: Upon termination of the Office of Independent Counsel, the active independent counsel was obligated to transfer all records which had been created during its tenure to the Archivist of the United States (“Archivist”), 28 U.S.C. § 594(k)(l), and was to “clearly identify which of [those] records [were] subject to rule 6(e),” In re North, 16 F.3d at 1244 (quoting 28 U.S.C. § 594(k)(l)). Furthermore, the Archivist is “responsible for the custody, use, and withdrawal of records transferred to him.” 44 U.S.C. § 2108 (2012). A FOIA analysis of whether to disclose records that have been transferred to the Archives is conducted as if the records remain in the possession of the agency that created them. See Cause of Action v. Nat’l Archives & Records Admin., 753 F.3d 210, 216 (D.C. Cir. 2014) (<HOLDING>); see also Fund for Const. Gov’t, 656 F.2d at Options: A. holding that although the defendant was able to impeach the prosecution in certain respects the suppressed information was material under brady because there was a significant difference between the suppressed material and the information to which the defense had access B. holding that because the district court has authority under the foia to order production of the unredacted documents plaintiff seeks the foia clearly provides an alternate adequate remedy in court and thus triggers 704s bar on claims brought under the apa C. holding that material prejudice was not present under the facts however an agency of the state was not a party to the action D. holding that transfer of possession to the archives did not affect the documents status under the foia because the court was confident that congress did not intend to expose material to foia simply because the material had been deposited with the archives E. holding that purely factual material may be withheld from disclosure under exemption 5 if that material would expose the deliberative process of an agency

assistant: The best answer is D. holding that transfer of possession to the archives did not affect the documents status under the foia because the court was confident that congress did not intend to expose material to foia simply because the material had been deposited with the archives
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: On the terms and subject to the conditions set forth herein, on or prior to March 11, 2016 (the “ Initial Tranche Closing ” and the “ Initial Tranche Closing Date ”), the Purchaser shall purchase from the Company a Note in the principal amount of $300,000, and the Company shall issue and sell to the Purchaser such Note (the “ Initial Tranche Note ” and such amount, the “ Initial Tranche Purchase Price ”). The Company acknowledges that the Initial Tranche Purchase Price was paid on the Initial Tranche Closing Date.

assistant: Sales
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 respective agreements, representations, warranties, indemnities and other statements of the Company and/or its officers set forth in or made pursuant to this Agreement will remain in full force and effect and will survive the Exchange. The provisions of Sections 7 and 8 shall survive the termination or cancellation of this Agreement.

assistant: Representations
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 with the approval of the Committee, Participant shall not disclose to any person, and shall preserve the confidentiality of, the performance vesting terms set forth in this Agreement. The foregoing restrictions on disclosure shall not apply to disclosures required by law or disclosures to the Participant’s professional advisors.

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 legal provision and list the applicable contract clause categories. Provision: To the extent legally required, the Code and ERISA shall govern the Plan and, if any provision hereof is in violation of any applicable requirement thereof, the Company reserves the right to retroactively amend the Plan to comply therewith. To the extent not governed by the Code and ERISA, the Plan shall be governed by the laws of the State of New York, without reference to rules relating to conflicts of law.

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 its claims by a preponderance of the evidence, as it would in any civil trial on the merits, suggests that the hearsay character of LVNV’s affidavits should not be ignored. 6 . In fact, counsel for the Debtor objected to the hearsay character of LVNV’s submitted affidavits both in its written objection to LVNV’s original proofs of claim and orally at the hearing. 7 . Although LVNV attached to its pleadings a redacted spreadsheet listing the Debtors’ account information and balance, the Court will not presume that this is the same "Receivable File” described in the bill of sale between Sherman and LVNV; and this Court will also not presume that the spreadsheet submitted by LVNV came from the elusive "Disk” supplied to Sherman by Citibank. Indeed, pp.-Tyler 2006, pet. denied) Options: A. holding that person who is not party to contract does not have standing to challenge contract B. holding that recovery is allowed when as a result of defendants breach of contract or tortious activity the plaintiff is required to either defend itself or bring an action against a third party C. holding that an employment at will agreement is an enforceable contract until terminated by either party D. holding that the plaintiff could bring an action for negligent misrepresentation although the plaintiff could not sue on the contract because the contract was void E. holding that for the purposes of standing to bring an action to recover on a contract privity is established by proving the defendant was a party to an enforceable contract with either the plaintiff or a party who assigned its cause of action to the plaintiff

assistant: The best answer is E. holding that for the purposes of standing to bring an action to recover on a contract privity is established by proving the defendant was a party to an enforceable contract with either the plaintiff or a party who assigned its cause of action to the plaintiff
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has filed all reports, schedules, forms, statements and other documents required to be filed by the Company under the Securities Act and the Exchange Act, including pursuant to Section 13(a) or 15(d) thereof, for the two years preceding the date hereof (or such shorter period as the Company was required by law or regulation to file such material) (the foregoing materials, including the exhibits thereto and documents incorporated by reference therein, being collectively referred to herein as the " SEC Reports ") on a timely basis or has received a valid extension of such time of filing and has filed any such SEC Reports prior to the expiration of any such extension. As of their respective dates, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Company has never been an issuer subject to Rule 144(i) under the Securities Act. The financial statements of the Company included in the SEC Reports comply in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (" GAAP "), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Committee has the right to amend, alter, suspend, discontinue or cancel the PSUs, prospectively or retroactively; provided, however, that no such amendment shall adversely affect the Grantee’s material rights under this Award without the Grantee’s consent.

assistant: Amendments
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 representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lender or any borrowing hereunder. Notwithstanding any termination of this Agreement, the indemnities to which the Lender is entitled under the provisions of Section 9.3 and any other provision of this Agreement and the other Loan Documents shall continue in full force and effect and shall protect the Lender against events arising after such termination as well as before.

assistant: Survival
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 Plan together constitute the entire agreement and supersede all prior understandings and agreements, written or oral, of the parties hereto with respect to the subject matter hereof. The Plan and this Agreement may be amended pursuant to Section 8.9 of the Plan. Any such amendment must be in writing and signed by the Corporation. Any such amendment that materially and adversely affects the Participant’s rights under this Agreement requires the consent of the Participant in order to be effective with respect to the Award. The Corporation may, however, unilaterally waive any provision hereof in writing to the extent such waiver does not adversely affect the interests of the Participant hereunder, but no such waiver shall operate as or be construed to be a subsequent waiver of the same provision or a waiver of any other provision hereof. The Participant acknowledges receipt of a copy of this Agreement, the Plan and the Prospectus for the Plan.

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: Any amounts borrowed under the Line of Credit will be payable in one lump sum payment twenty-four (24) months after the date of the first withdrawal, including principal and any accrued interest. CMP is permitted to prepay any amounts owed without penalty or commission.

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: requirement for personal jurisdiction over nonresidents was satisfied because defendant’s failure to pay child support came within the long-arm statute’s provision providing that a court may exercise limited jurisdiction over an individual when the individual causes "an act to be done, or consequences to occur, in the state resulting in an action for tort.” MCL 600.705(2); MSA 27A.705(2). Plaintiffs position is supported by Black v Rasile, 113 Mich App 601; 318 NW2d 475 (1980), lv den 411 Mich 987 (1981) (a paternity action), which adopted the position of other state courts interpreting the "tortious act” language of their state long-arm statutes. In particular, the Black Court adopted the rationale of an Illinois appeals court, Poindexter v Willis, 87 Ill App 2d 213; 231 NE2d 1 (1967) (<HOLDING>), as well as an Ohio court decision enforcing Options: A. holding an unborn child is not a child for purposes of criminal prosecution of mistreatment of a child B. holding that the word tort is not technically construed and hence a fathers breach of the statutory duty to pay child support for his illegitimate child constitutes a tortious act within the meaning of the statute C. holding that the trial court had erred in imposing an obligation to pay child support when clear and convincing evidence established that the husband was not the father of the child D. holding that an illegitimate child is guaranteed a right of support from his father E. holding that an outofwedlock childs pending claim for retroactive child support was nondischargeable in bankruptcy because a debt for child support arises upon the birth of the child and that the fact that no court had yet ordered the debtor to support the child does not take the debt outside the scope of 11 usc 523a5

assistant: The best answer is B. holding that the word tort is not technically construed and hence a fathers breach of the statutory duty to pay child support for his illegitimate child constitutes a tortious act within the meaning of the statute
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you cancel this contract , we will reimburse to you all payments received from you , including the costs of delivery ( except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us ) .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for Jefferies LLC, no broker, finder or investment banker is entitled to any brokerage, finder’s or other fee or commission in connection with the transactions contemplated by this Agreement or any other Transaction Document based upon arrangements made by or on behalf of Seller.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The headings of the various sections and subsections of this Guaranty have been inserted for convenience only and shall not in any way affect the meaning or construction of any of the provisions hereof. Unless the context otherwise requires, words in the singular include the plural and words in the plural include the singular. The provisions of Section 1.3(a) of the Credit Agreement are hereby incorporated by reference as if fully set forth herein.

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: Proceeds of Advances shall only be used by the Borrower to (A) first , make deposits into the Liquidity Reserve Account (up to the Liquidity Reserve Account Required Balance) and into the Pre-Placed In Service Reserve Account (up to the Pre-Placed In Service Reserve Account Required Balance), (B) second , with respect to the first Advance, pay certain fees and expenses incurred in connection with establishment of the credit facility set forth in this Agreement and (C) third , make distributions to the Original Lessor.

assistant: Use Of Proceeds
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: Any Lender may at any time, without the consent of, or notice to, the Borrower or the Administrative Agent, sell participations to any Person (other than a natural person, a Defaulting Lender or the Borrower or any of the Borrower’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Term Loan Commitment and/or the Term Loans owing to it; provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrower, the Administrative Agent and the Lenders shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement.

assistant: Participations
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 has not been advised, and has no reason to believe, that it and each of its Significant Subsidiaries are not conducting business in compliance with all applicable laws, rules and regulations of the jurisdictions in which it is conducting business, except where failure to be so in compliance would not result in a Material Adverse Change.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 380 U.S. 445 85 S.Ct. 1059 13 L.Ed.2d 957 Melvin C. JENKINS, Petitioner,v.UNITED STATES. No. 761. Argued April 1, 1965. Decided April 5, 1965. H. Thomas Sisk, Washington, D.C., for petitioner. Philip B. Heymann, Washington, D.C., for respondent. PER CURIAM. 1 Petitioner was charged in a two-count indictment in the United States District Court for the District of Columbia with robbing a High's Dairy Products store on December 27, 1962 (count 1), and with assault with intent to rob upon the proprietress of a grocery store on January 24, 1963 (count 2), in violation of §§ 22 2901 and 22—501, respectively, of the District of Columbia Code. Following a trial by jury, he was found guilty on count 1 and not guilty on count 2. He was sentenced to imprisonment for from 3 to 10 years. A divided Court of Appeals affirmed the conviction, 117 U.S.App.D.C. 346, 330 F.2d 220. A petition for rehearing en banc was denied, four judges dissenting. 2 Slightly more than two hours after the jury retired to deliberate, the jury sent a note to the trial judge advising that it had been unable to agree upon a verdict 'on both counts because of insufficient evidence.' The judge thereupon recalled the jury to the courtroom and in the course of his response stated that 'You have got to reach a decision in this case.' We granted certiorari, 379 U.S. 944, 85 S.Ct. 442, 13 L.Ed.2d 542, to consider whether in its context and under all the circumstances of this case the statement was coercive. The Solicitor General in his brief in this Court stated: 3 'Of course, if this Court should conclude that the judge's statement had the coercive effect attributed to it, the judgment should be reversed and the cause remanded for a new trial; the principle that jurors may not be coerced into surrendering views conscientiously held is so clear as to require no elaboration.' 4 Upon review of the record, we conclude that in its context and under all the circumstances the judge's statement had the coercive effect attributed to it. Accordingly the judgment of the Court of Appeals is reversed and the cause remanded for a new trial. Cf. Brasfield v. United States, 272 U.S. 448, 450, 47 S.Ct. 135, 136, 71 L.Ed. 345; Burton v. United States, 196 U.S. 283, 307 308, 25 S.Ct. 243, 250, 49 L.Ed. 482; United States v. Rogers, 289 F.2d 433, 435 (C.A.4th Cir.) 5 It is so ordered. 6 Reversed and remanded for new trial. 7 Mr. Justice CLARK and Mr. Justice HARLAN dissent.

assistant: 1
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 judges' brief at 15-16 n.2. We likewise do not read the circuit court's "confidential" characterization of judicial assistants to mean that those staff persons have, for example, access to the employer's strategy in collective bargaining or grievance handling. The circuit court judges are not parties to the collective bargaining agreement. Instead, we read the circuit court's use of the term "confidential" to refer to knowledge of the substantive business of the courts, and not to a knowledge of labor relations strategies. 11 See, e.g., Rupert v. Home Mut. Ins. Co., 138 Wis. 2d 1, 7, 405 N.W.2d 661 (Ct. App. 1987) (concluding circuit court has inherent power to control its docket to achieve economy of time and effort); Neylan v. Vorwald, 124 Wis. 2d 85, 94, 368 N.W.2d 648 (1985) (<HOLDING>). 12 Wis. Const, art. VII provides: Court Options: A. recognizing courts inherent power to issue subpoenas B. recognizing the inherent power of the courts to issue warrants C. recognizing that court has inherent power to control the judicial business before it D. recognizing inherent power of federal district court to sanction conduct abusive of judicial process E. recognizing inherent power of courts of appeals

assistant: The best answer is C. recognizing that court has inherent power to control the judicial business before it
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 ruled that Tyrone “is bound by the 1989 judgment.” In his appeal to this Court, Tyrone poses three questions for review, which we have rephrased: I. Did the trial court err as a matter of law in ruling that the 1989 paternity judgment could not be vacated except upon a finding of fraud, mistake, irregularity, or clerical error? II. Did the trial court err as a matter of law or fact in denying his request for blood or genetic testing under F.L. § 5-1029? III. Were the trial court’s findings of waiver and lack of ordinary diligence legally incorrect and/or clearly erroneous? DISCUSSION I. Timing of Appeal Although not raised by the parties, we first address the jurisdictional question whether this appeal was timely filed. Newman v. Reilly, 314 Md. 364, 387-88, 550 A.2d 959 (1988)(<HOLDING>). The circuit court’s memorandum opinion and Options: A. holding that timeliness of filing of notice of appeal is a jurisdictional issue B. holding time for filing notice of appeal under rule 8002 is jurisdictional C. holding that where plaintiff fails to raise issue of timeliness of departments hearing at administrative level the issue is waived on appeal D. holding that an appellee who fails to file any documents in response to timeliness show cause order or order deeming appeal timely may not relitigate issue of timeliness in appellate brief because a timely notice of appeal is a claimsprocessing rule rather than a jurisdictional requirement E. holding that the filing of an opening brief within the time period for filing a notice of appeal could constitute notice of appeal

assistant: The best answer is A. holding that timeliness of filing of notice of appeal is a jurisdictional issue
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 State v. Sigler, 967 So.2d 835, 844 (Fla. 2007). However, aggravated assault with a firearm requires a finding that the defendant actually used the firearm while robbery with a firearm requires only that the defendant carried a firearm. State v. Baker, 452 So.2d 927, 928-29 (Fla.1984), reaffirmed, Taylor v. State, 608 So.2d 804 (Fla.1992). While the evidence may have established that Williams used the firearm by turning it on Ghent, the charging document did not allege that Williams used the firearm. And while the jury’s verdict for attempted robbery with a firearm satisfies the element of carrying a firearm, this does not establish that the jury found the essential element of aggravated assault that Williams used a firearm. See Coicou v. State, 39 So.3d 237, 243-44 (Fla.2010) (<HOLDING>). Accordingly, we reverse the conviction for Options: A. holding that where jury was instructed on both a greater offense and lesserincluded offense and the jury convicted on the lesserincluded offense the double jeopardy provision prohibited retrial on the greater offense B. holding that counsel was not ineffective in failing to request a charge on the lesserincluded offense when the evidence showed either the commission of the completed offense as charged or the commission of no offense such that the defendant was not entitled to a charge on the lesser offense C. holding that it was error to direct entry of a conviction for a permissive lesserincluded offense based on the fact that it was supported by the evidence because the greater crime was not charged in a manner that encompassed the intent element of the permissive lesserincluded offense and the jury did not make a finding regarding that intent element D. holding that guilty verdict in first trial on what was submitted as second lesserincluded offense despite its not having been lesserincluded offense as matter of law precluded subsequent prosecution for what had been charged as greater offenses in first trial E. holding that indecency with a child by contact is lesserincluded offense of aggravated sexual assault of a child because even though the latter offense did not include intent as an express element lascivious intent was implicitly included

assistant: The best answer is C. holding that it was error to direct entry of a conviction for a permissive lesserincluded offense based on the fact that it was supported by the evidence because the greater crime was not charged in a manner that encompassed the intent element of the permissive lesserincluded offense and the jury did not make a finding regarding that intent element
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 agreements in this Section shall survive the resignation or removal of the Administrative Agent, the replacement of any Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all the other Obligations. For the avoidance of doubt, if any Refinancing Event shall occur, the obligations under this Section 10.04 shall continue during the period described in Section 2.15(f) .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by others that are not contrary to the allegations of the moving party and which may put the moving party’s allegations in an appropriate context. Id. at 777; 779. Whether a party makes a prima facie ease to modify custody is dispositive of whether an evi-dentiary hearing will occur on the motion. See Morey v. Peppin, 375 N.W.2d 19, 25 (Minn.1985) (stating “an evidentiary hearing shall be scheduled” if moving party makes a prima facie case to modify custody); Nice-Petersen v. Nice-Petersen, 310 N.W.2d 471, 472 (Minn.1981) (stating if moving party fails to make prima facie case, district court “[is] require[d] ... to deny [the] motion”). A district court, however, has discretion in deciding whether a moving party makes a prima facie case to modify custody. See Geibe, 571 N.W.2d at 780 (<HOLDING>). Here, a major part of father’s endangerment Options: A. holding district court did not abuse discretion in ruling moving party failed to make prima facie case to modify custody B. holding that district court did not abuse its discretion in reconsidering a prior interlocutory ruling C. holding that a prima facie case is subject to independent review D. holding trial court did not abuse its discretion by ruling based only on affidavits E. holding that the district court did not abuse its discretion in its ruling whether to proceed with a declaratory judgment action

assistant: The best answer is A. holding district court did not abuse discretion in ruling moving party failed to make prima facie case to modify custody
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: towards the child or that the child actually be injured; rather, a child is endangered when the environment creates a potential for danger which the parent is aware of but disregards. In re S.M.L., 171 S.W.3d at 477. Conduct that demonstrates awareness of an endangering environment is sufficient to show endangerment. Id. (citing In re Tidwell, 35 S.W.3d 115, 119-20 (Tex.App.-Texarkana 2000, no pet.) (“[I]t is not necessary for [the mother] to have had certain knowledge that one of the [sexual molestation] offenses actually occurred; it is sufficient that she was aware of the potential for danger to the children and disregarded that risk by ... leaving the children in that envi fender, who usually lived near criminals and drug addicts, and who lived a transient lifestyle. See id. (<HOLDING>); Hann v. Tex. Dep’t of Protective & Regulatory Options: A. holding evidence legally and factually sufficient under sections d and e to terminate mothers parental rights based in part on evidence that mother endangered childs physical and emotional wellbeing by leaving child alone overnight with known cocaine abusers B. holding evidence legally and factually sufficient to terminate mothers parental rights under section e for endangering physical wellbeing of child based in part on evidence that mother remained with physically abusive person while she was pregnant C. holding evidence supported terminating mothers parental rights under section d based in part on evidence that mother could not adequately protect or provide financially for children D. holding evidence legally and factually sufficient under sections d and e to terminate mothers parental rights based in part on evidence that mother placed children with father who lived transient lifestyle with children E. holding evidence insufficient to terminate mothers parental rights under section c because mother made arrangements for adequate support of children evidence showed mother left children with father who maintained steady employment and adequately supported children mother knew that father would provide adequate support and mother left children pursuant to agreed divorce decree

assistant: The best answer is D. holding evidence legally and factually sufficient under sections d and e to terminate mothers parental rights based in part on evidence that mother placed children with father who lived transient lifestyle with children
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: two separate legal insufficiency claims. When the party without the burden of proof suffers an unfavorable finding, the challenge is one of “no evidence to support the finding.” See Creative Manufacturing, Inc. v. Unik, 726 S.W.2d 207, 210 (Tex.App.-Fort Worth 1987, writ ref d n.r.e.). Where the party having the burden of proof suffers an unfavorable finding (failure to find), the proper complaint is that the fact was established as “a matter of law.” See Sterner v. Marathon Oil Company, 767 S.W.2d 686, 690 (Tex.1989). Here, Tech filed a verified special denial that it received timely notice. Consequently, Lucero had the burden to plead and secure a finding on notice. See Texas Tech University Health Sciences Center v. Apodaca, 876 S.W.2d 402, 410-11 (Tex.App.-El Paso 1994, writ denied)(<HOLDING>); see also Harrison v. Texas Department of Options: A. holding that due process rights were not violated when alien claimed a lack of actual notice but his attorney received notice B. holding that the government need not prove actual notice to the prisoner C. holding that due process is satisfied where notice is mailed to the wrong address if the appellant received actual notice D. holding that where the governmental unit filed a verified special denial that it received timely actual notice the plaintiff had the burden to prove and secure a finding on actual notice at trial E. holding that actual notice fulfills a notice requirement that an applicable federal regulation be conspicuously posted because actual notice is the best notice

assistant: The best answer is D. holding that where the governmental unit filed a verified special denial that it received timely actual notice the plaintiff had the burden to prove and secure a finding on actual notice 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 legal provision and list the applicable contract clause categories. Provision: In the event that any provision or any part of any provision of this Agreement shall be void or unenforceable for any reason whatsoever, then such provision shall be stricken and of no force and effect. However, unless such stricken provision goes to the essence of the consideration bargained for by a party, the remaining provisions of this Agreement shall continue in full force and effect, and to the extent required, shall be modified to preserve their validity.

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: The Plaintiffs seek an award for a total of 3,748.5 attorney hours and 901.25 paralegal hours for Phelps Dunbar and a total of 2,707 attorney hours for Randolph Lipscomb; the Plaintiffs claim that these hours were reasonably expended on this litigation. The Defendants dispute the total number of hours claimed by the Plaintiffs. Of the 3,748.5 Phelps Dunbar attorney hours for which the Plaintiffs seek an award, the court finds that 1,047.75 of the hours were expended in state court litigation in the Chancery Court of Lowndes County prior to the commencement of this litigation. Accordingly, the fees for those hours are not attorneys’ fees contemplated by § 1988, and no award shall be made for those hours. See Simi Inv. Co., Inc. v. Harris County, Texas, 236 F.3d 240, 255 (5th Cir.2000) (<HOLDING>); Brantley v. Surles, 804 F.2d 321, 325 (5th Options: A. holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency B. holding that attorneys fees awards are available under 1988 for frivolous actions C. holding that attorneys fees resulting from state court litigation that does not seek to enforce federal constitutional rights but which does precede a successful 1983 suit are not attorneys fees contemplated by 1988 D. holding that a court may award attorneys fees in a successful lmrda action E. holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees

assistant: The best answer is C. holding that attorneys fees resulting from state court litigation that does not seek to enforce federal constitutional rights but which does precede a successful 1983 suit are not attorneys fees contemplated by 1988
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: 1986). Under this analysis the two part-inquiry collapses into a single due process analysis being limited only by federal due process standards. See Rambo, 839 F.2d at 1416 (interpreting Oklahoma statute for jurisdiction to the fullest extent of the Constitution of the United States). A. Based Upon Activities at the Website Establishing jurisdiction through the Internet, or more specifically through a website, has been described as coming under a framework of three general categories within a sliding scale. Zippo Mfg. Co. v. Zippo Dot Com, Inc., 952 F.Supp. 1119, 1123-24 (W.D.Pa.1997). At one end of the spectrum, ncluding that defendant’s passive website did not support the exercise of personal jurisdiction); SF Hotel Co. v. Energy Invs., Inc., 985 F.Supp. 1032, 1033-86 (D.Kan.1997) (<HOLDING>); Millennium Enters. Inc., 33 F.Supp.2d at Options: A. holding passive website to be an invalid reason for granting jurisdiction B. holding that the defendant maintained a passive website and was therefore not subject to general jurisdiction C. holding that an interactive website allowing clients to bank online was insufficient to confer general jurisdiction over a foreign bank D. holding that a passive website that merely makes information available is insufficient to confer general jurisdiction E. holding interactive website did not create general jurisdiction

assistant: The best answer is B. holding that the defendant maintained a passive website and was therefore not subject to general 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 legal provision and list the applicable contract clause categories. Provision: From and after the Effective Date, the following Lenders shall be documentation agents: TD Securities (USA) LLC, New York Branch, Barclays Bank PLC, Citizens Bank, N.A., SunTrust Bank, PNC Bank, National Association, Morgan Stanley Bank, N.A., Morgan Stanley Senior Funding, Inc., Royal Bank of Canada, Goldman Sachs Bank USA, Bank of America, N.A., The Bank of Tokyo-Mitsubishi UFJ, Ltd., and Deutsche Bank AG New York Branch.

assistant: Titles