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: 21, 2001. The district court stated that it was sentencing Nelson under the “Large Habitual Criminal Statute.’ ’ While that statement lacks clarity, the sentences imposed are consistent with NRS 207.012 for count 2 and NRS 207.010(1)(a) for counts 1 and 3, as the State had noticed the habitual criminal allegations in the amended information. Accordingly, we conclude that t 73, 775 (2004). 3 State v. Colosimo, 122 Nev. 950, 954, 142 P.3d 352, 355 (2006); Williams v. State, 118 Nev. 536, 546, 50 P.3d 1116, 1122 (2002). 4 Colosimo, 122 Nev. at 95 Y. 1957) (determining that a prohibition against driving at speeds that endanger life, limb, or property is meaningless because a motor vehicle driven at any speed creates such a risk), with State v. Thurston, 293 A.2d 770, 771-72 (N.H. 1972) (<HOLDING>), State v. Joas, 168 A.2d 27, 31 (N.J. 1961) Options: A. recognizing that although it is impossible for some crimes to be defined with mathematical preciseness a crime may be properly defined by the wellknown terms reckless and endanger B. holding that if a crime is broadly defined the court can look beyond the elements of the crime C. holding that involuntary manslaughter defined either as reckless or negligent was not a crime of moral turpitude because itwas based on unintentional conduct in contrast to those crimes involving some form of evil intent it is not an offense that is mala in se and thus does not fall within the definition of crimes involving moral turpitude D. holding that the determination whether a crime is a necessarily included lesser offense of another crime is made by examining the elements of the crimes that must be proved in order to sustain a conviction E. holding that because the general assembly did not expressly include conspiracy among those offenses defined as crimes of violence we conclude that one convicted of conspiracy may not be sentenced pursuant to 1611309la

assistant: The best answer is A. recognizing that although it is impossible for some crimes to be defined with mathematical preciseness a crime may be properly defined by the wellknown terms reckless and endanger
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: acceptable methods of challenging a secured creditor’s interest, ABT has never disputed that TIFCO had an allowed secured claim. See ABT Reply Br. at 6-7. Rather, the issue is whether the Chapter 11 plan itself altered TIFCO's lien rights, which the plan may do provided TIFCO participated in the proceedings and received adequate notice. See Union Entities, 83 F.3d at 1025; In re Penrod, 50 F.3d 459, 462-64 (7th Cir.1995). 2 . We resolve the security interest issues by reference to state l re Big Squaw Mountain Corp.), 122 B.R. 831, 836-839 (Bankr.D.Me.1990) (applying Maine common law and law of other jurisdictions to determine that filing notice or taking possession of insurance policies not required to perfect security interest); In re Cooper, 104 B.R. 774, 775 (Bankr.S.D.W.Va.1989) (<HOLDING>); Thico Plan, Inc. v. Maplewood Poultry Co. (In Options: A. holding that faa does not preempt state law when determining date of perfection B. holding that the choice of law rules of pennsylvanias revised article 9 directs a trial court to apply the substantive local laws of the perfection state to determine whether a security interest was perfected thus florida law controlled the perfection of a security interest C. recognizing kentucky as a state where actual notation of the secured partys lien on the certificate of title is a prerequisite for perfection of a security interest in a motor vehicle D. holding security interest enforceable at time of creation when state statutory law silent on perfection E. holding security interest in insurance premiums perfected by creation of security interest

assistant: The best answer is D. holding security interest enforceable at time of creation when state statutory law silent on perfection
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 one or more counterparts, and on telecopied or other electronically transmitted counterparts, each of which when so executed shall be deemed to be an original, but all of which when taken together shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a “.pdf’ format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or “.pdf’ signature page was an original thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Conduct, or permit any of its Subsidiaries to conduct, any transaction with any of its Affiliates except (i) on terms that are (1) in, or not inconsistent with, the best interests of such Borrower and its stockholders or (2) fair and reasonable and at least as favorable to such Borrower or such Subsidiary as it would obtain in a comparable arm’s length transaction with a Person that is not an Affiliate of such Borrower or such Subsidiary, (ii) any Affiliate who is an individual may serve as partner, director, officer, employee or consultant of such Borrower or any of its Subsidiaries and may receive reasonable compensation and indemnification for his or her services in such capacity, (iii) nonexclusive licenses of patents, copyrights, trademarks, trade secrets and other intellectual property by such Borrower or any of its Subsidiaries to any other Affiliate of such Borrower or any of its Subsidiaries, (iv) any transaction between or among such Borrower and/or any of its Subsidiaries not involving any other Affiliate of such Borrower and (v) transactions existing on the date hereof identified on Schedule 5.03(i).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Except as would not reasonably be expected to result in a Material Adverse Effect, (i) each Plan is in compliance with the applicable provisions of ERISA and the provisions of the Code relating to Plans and the regulations and published interpretations thereunder, and (ii) each Foreign Plan is in compliance with applicable non-United States law and regulations thereunder, and (b) no ERISA Event has occurred or is reasonably expected to occur that, when taken together with all other such ERISA Events for which liability is reasonably expected to occur, would reasonably be expected to result in a Material Adverse Effect.

assistant: Erisa
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: An order of deportation or of exclusion shall not be reviewed by any court if the alien has not exhausted the administrative remedies available to him as of right under the immigration laws and regulations or if he has departed from the United States after the issuance of the order. The court of appeals for this circuit has an established tradition of leniency towards pro se petitioners, especially where summary judgment is sought by the government. See Williams v. Kullman, 722 F.2d 1048 (2d Cir.1983) (“due to the pro se petitioner’s general lack of expertise, courts should review habeas petitions with a lenient eye, allowing borderline cases to proceed.... pro se complaints must be liberally constructed”); see also United States v. Gonzalez-Roque, 165 F.Supp.2d 577 (S.D.N.Y.2001) (<HOLDING>). F. Immediately Available Visa The Gabryelsky Options: A. holding that although pro se briefs are liberally construed even pro se litigants must brief arguments in order to preserve them B. holding that where petitioners did not simply challenge the validity of their orders of removal but had questioned whether the statute grants the ins authority to remove them to a country that cannot accept them the court of appeals retains jurisdiction C. holding petitioners pro se status did not constitute adequate cause for failure to raise claims earlier D. holding that a party may not raise a claim on appeal that was not presented to the trial court E. holding that pro se petitioners need not raise issues in ins terms but may raise them as they may have understood them

assistant: The best answer is E. holding that pro se petitioners need not raise issues in ins terms but may raise them as they may have understood them
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for the wrongful termination of such letters. We hold, contrary to the bankruptcy court’s conclusion, that FDIC-receiver did raise a “substantial meritorious” defense to its liability on the letters of credit. It defended on grounds that no contract relationship existed between F & T Contractors and the Northern Ohio Bank from which contractual liability for terminating the letters could be based and that the only connection F & T Contractors had to the letters of credit was that it had acted as a cosigner on the mortgage notes that secured them. We therefore conclude that jurisdiction in the bankruptcy court cannot be based on possession of F & T Contractors’ chose in action on the letters of credit. See In Matter of Marine Distributors, Inc., supra, 522 F.2d 791, 795 (9th Cir.1975) (<HOLDING>). As an alternative basis for asserting Options: A. holding in a similar factual situation that the bankruptcy court had no jurisdiction because it had no actual or constructive possession of the letters of credit involved B. holding trial court and appellate court erred in requiring defendant to show he had meritorious defense when record established that defendant had filed answer but had no actual or constructive notice of trial setting C. recognizing theory of constructive possession D. holding that k no wing possession can be demonstrated by proof of either actual or constructive possession E. holding that the phrase possession or custody in 5225b requires actual and not merely constructive possession

assistant: The best answer is A. holding in a similar factual situation that the bankruptcy court had no jurisdiction because it had no actual or constructive possession of the letters of credit involved
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 Participant must pay the Company, or make provision satisfactory to the Administrator for payment of, any taxes required by law to be withheld in connection with such Participant’s Awards by the date of the event creating the tax liability. The Company may deduct an amount sufficient to satisfy such tax obligations based on the minimum statutory withholding rates from any payment of any kind otherwise due to a Participant. Participants may satisfy such tax obligations in cash, by wire transfer of immediately available funds, by check made payable to the order of the Company, or subject to Section 10.9 and any Company insider trading policy (including blackout periods), (i) to the extent permitted by the Administrator, in whole or in part by delivery of Shares, including Shares retained from the Award creating the tax obligation, valued at their Fair Market Value, (ii) if there is a public market for Shares at the time the tax obligations are satisfied, unless the Administrator otherwise determines, (A) delivery (including telephonically to the extent permitted by the Company) of an irrevocable and unconditional undertaking by a broker acceptable to the Company to deliver promptly to the Company sufficient funds to satisfy the tax obligations, or (B) delivery by the Participant to the Company of a copy of irrevocable and unconditional instructions to a broker acceptable to the Company to deliver promptly to the Company cash or a check sufficient to satisfy the tax withholding; provided that such amount is paid to the Company at such time as may be required by the Administrator, or (iii) any combination of the foregoing permitted payment forms (including cash, wire transfer or check). If any tax withholding obligation will be satisfied under clause (i) of the immediately preceding sentence by the Company’s retention of Shares from the Award creating the tax obligation and there is a public market for Shares at the time the tax obligation is satisfied, the Company may elect to instruct any brokerage firm determined acceptable to the Company for such purpose to sell on the applicable Participant’s behalf some or all of the Shares retained and to remit the proceeds of the sale to the Company or its designee, and each Participant’s acceptance of an Award under the Plan will constitute the Participant’s authorization to the Company and instruction and authorization to such brokerage firm to complete the transactions described in this sentence.

assistant: Withholdings
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 anything herein to the contrary, all measurements and references related to Unit prices, Unit numbers and distribution amounts (other than those expressed in percentages) herein, shall be, in each instance, appropriately adjusted for unit splits, combinations, distributions and the like .

assistant: Miscellaneous
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: Schedule 6.1.3 states the name of each of the Borrower’s Subsidiaries, its jurisdiction of incorporation, its authorized capital stock, the issued and outstanding shares (referred to herein as the “ Subsidiary Shares ”) and the owners thereof if it is a corporation, its outstanding partnership interests (the “ Partnership Interests ”) if it is a partnership and its outstanding limited liability company interests, interests assigned to managers thereof and the voting rights associated therewith (the “ LLC Interests ”) if it is a limited liability company. The Borrower and each Subsidiary of the Borrower has good and marketable title to all of the Subsidiary Shares, Partnership Interests and LLC Interests it purports to own, free and clear in each case of any Lien. All Subsidiary Shares, Partnership Interests and LLC Interests have been validly issued, and all Subsidiary Shares are fully paid and nonassessable. All capital contributions and other consideration required to be made or paid in connection with the issuance of the Partnership Interests and LLC Interests have been made or paid, as the case may be. There are no options, warrants or other rights outstanding to purchase any such Subsidiary Shares, Partnership Interests or LLC Interests except as indicated on Schedule 6.1.3 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, the China Co. shall pay the Executive a portion of the Base Salary as determined pursuant to Section 4(a) of the Employment Agreement. To the extent the China Co. does not make timely payment of its portion of the Base Salary, the China Co. agrees to reimburse the Company any such payment made by the Company on behalf of the China Co. as soon as reasonably practicable. In 2017, the China Co. shall be responsible for 20% of the Base Salary. Within the first 30 days of each following calendar year, China Co. shall true up the Company and/or the US Co. based on the amount of work actually performed by the Executive in the past calendar year and shall assess and re-allocate the payment responsibility of the Base Salary for the current year as necessary.

assistant: Base Salary
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 letter and the agreements referred to in this letter contain all of the terms of your employment with the Company and supersede any prior understandings or agreements, whether oral or written, between you and the Company. You acknowledge that you have not relied upon any representations (oral or otherwise) other than those explicitly stated in this letter and the agreements referred to in this letter.

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: If any provision or obligation under this Agreement, the other Loan Documents or Other Related Documents shall be determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be deemed severed from the Loan Documents and the Other Related Documents and the validity, legality and enforceability of the remaining provisions or obligations shall remain in full force as though the invalid, illegal, or unenforceable provision had never been a part of the Loan Documents or Other Related Documents, provided , however , that if the rate of interest or any other amount payable under the Note or this Agreement or any other Loan Document, or the right of collectability therefor, are declared to be or become invalid, illegal or unenforceable, Lenders’ obligations to make advances under the Loan Documents shall not be enforceable by Borrower.

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: transfer against Mr. Hovis under the Illinois Uniform Fraudulent Transfer Act, 740 ILCS, the Complaint is clear that the Plaintiff asserts such right “as incorporated by Section 544 of the Bankruptcy Code.” (Id.) Moreover, even if state law creates a cause of action for creditors such as Better Hearing individually to avoid fraudulent transfers of assets which hinder the creditor’s ability to collect a separate debt, because such cause of action is for “an injury common to all creditors” and “only in an indirect manner,” it is one of “the kinds of claims that may be brought only by the trustee in bankruptcy.” Teknek, 563 F.3d at 645-46. See also Id. at 646 (citing Am. Nat’l Bank of Austin v. MortgageAmerica Corp. (In re MortgageAmerica Corp.), 714 F.2d 1266, 1277 (5th Cir. 1983) (<HOLDING>)). Better Hearing Has Not Been Granted Options: A. holding that grand jury testimony of officer and inhouse counsel for corporate defendant was properly admitted as admission against the corporate defendant B. holding that a fraudulent transfer claim against a corporate debtors control person belongs to the corporate debtor not to specific creditors C. holding that because an action under the texas fraudulent transfers act is essentially one for property that properly belongs to the debtor the cause of action belongs to the debtor D. holding that the general corporate laws are incorporated into the corporate charter E. holding that the principal of a corporate debtor does not become a transferee by the mere act of causing the debtor to make a fraudulent transfer

assistant: The best answer is B. holding that a fraudulent transfer claim against a corporate debtors control person belongs to the corporate debtor not to specific creditors
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: somebody whose character may or may not be into evidence,” this argument appears to have been made in conjunction with his assertion that the statement regarding his sexual orientation was inadmissible. The trial court ultimately agreed with the defense on the sexual orientation issue, and the alleged statement that Caldwell was gay was not admitted into evidence. Because the argument raised on appeal does not appear to have been specifically raised below, it may not be preserved on appeal. See State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 694 (2003) (noting “[a] party need not use the exact name of a legal doctrine in order to preserve it, but it must be clear that the argument has been presented on that ground”); State v. Haselden, 353 S.C. 190, 196, 577 S.E.2d 445, 448 (2003) (<HOLDING>). Assuming arguendo the argument as to Options: A. holding to preserve an issue for appellate review the issue must have been raised to and ruled upon by trial court and a party may not argue one ground for objection at trial and another ground on appeal B. holding party may not argue one ground at trial and another on appeal where appellant did not object to testimony at trial on the grounds raised on appeal that it was improper character evidence but objected only on the basis of relevancy issue was not preserved for review C. holding that the defendant may not state one ground at trial and another on appeal D. holding an issue not preserved when one ground is raised to the trial court and another ground is raised on appeal E. holding that claims based on grounds not objected to at trial cannot be considered on appeal

assistant: The best answer is B. holding party may not argue one ground at trial and another on appeal where appellant did not object to testimony at trial on the grounds raised on appeal that it was improper character evidence but objected only on the basis of relevancy issue was not preserved for review
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Parties will, at their own respective expense (and not subject to cost sharing hereunder) procure and maintain during the Term, insurance policies adequate to cover their obligations hereunder and consistent with the normal business practices of prudent biopharmaceutical companies of similar size and scope (or reasonable self-insurance sufficient to provide materially the same level and type of protection). Such insurance will not create a limit to either Party’s liability hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: taxable year, gross income does not include— (2) the amount of any damages received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of personal injuries or sickness; ... 26 U.S.C.A. § 104(a)(2) (West 1993). Damages resulting from personal injuries encompass both physical and nonphysical injuries. Burke, — U.S. at-, 112 S.Ct. at 1871. Generally, the tax consequences of an award of damages depend on “the nature of the underlying injury.” Threlkeld v. Commissioner, 848 F.2d 81, 84 (6th Cir.1988). According to the Court in Burke, “In order to come within the § 104(a)(2) income exclusion, respondents therefore must show that ... the legal basis for their recovery of backpay, redresses a tort-like personal injury- , 810 F.2d 1094 (11th Cir.1987) (<HOLDING>). Shaw was awarded both back pay and liquidated Options: A. holding that liquidated damages under the adea are intended to punish and deter while contrasting them to the legislative purpose of liquidated damages under the fsla B. holding that liquidated damages under userra are punitive and therefore subject to trial by jury C. holding that because liquidated damages under the adea are punitive in nature a jurys award of state punitive damages and adea liquidated damages constitutes a double recovery and therefore reducing the total recovery by the amount of the liquidated damages award D. recognizing that liquidated damages under the flsa are compensation not a penalty or punishment E. holding that the legislative history under the act indicates that liquidated damages are intended to be punitive in nature

assistant: The best answer is A. holding that liquidated damages under the adea are intended to punish and deter while contrasting them to the legislative purpose of liquidated damages under the fsla
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 Retained Assets Edmonson also argues that Lincoln breached its fiduciary duties when it invested the retained assets for its own benefit. She contends this act is governed by ERISA because it involved the management or administration of a plan or, alternatively, the exercise of authority or control over plan assets. She argues Lincoln’s decision to invest the retained assets for its own profit violated its duty of loyalty. 1. As noted, Edmonson contends the investment of the retained assets involved the management or administration of the plan. Lincoln argues that it was no longer managing or administering the plan once it set up the SecureLine Account, but rather was in a creditor-debtor relationship with Edmonson when it invested the retained assets. See Faber, 648 F.Bd at 105 (<HOLDING>). Lincoln analogizes its relationship with Options: A. holding the insurance company discharged its fiduciary duty when it established the retained asset account in accordance with the insurance policy B. holding that insurance company operating under a reservation of rights had the right and the duty to control the defense until such time as it was determined that it had no liability insurance coverage C. holding that legal injury occurred for purposes of negligence action against insurance agent when insurance company rejected the claim D. holding that even if an insurance broker is the agent of the insurance company for purposes of soliciting and procuring the policy that would not necessarily make the broker the agent of the insurance company for the purpose of receiving notice of suits and claims E. holding that under georgia law a holder of a master insurance policy is an agent of the insurance company and not the insurer

assistant: The best answer is A. holding the insurance company discharged its fiduciary duty when it established the retained asset account in accordance with the insurance policy
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) The Parent Borrower agrees to pay the Administrative Agent a commitment fee (the “ Commitment Fee ”) for the account of each Lender for the period from and including the date hereof to the earlier of (x) the date the Total Commitment terminates and (y) the Commitment Expiration Date, computed at the Commitment Fee Rate on the average daily amount of the Total Unutilized Commitment of such Lender during the period for which payment is made, payable quarterly in arrears on the last Business Day of each calendar quarter, commencing on the first such date to occur after the date hereof.

assistant: Fees
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: was defective for failing to set out an overt act, as required for the crime of attempt. Joshua, 445 So.2d at 222-23. In reaching this conclusion, the Court relied primarily upon the case of Bucklew v. State, 206 So.2d 200 (Miss.1968), holding that “[o]ur statutory law requires proof of an overt act in order to sustain a conviction of an attempt to commit a crime.” Joshua, 445 So.2d at 222 (citing Bucklew, 206 So.2d at 202). ¶ 15. Initially, the Joshua Court correctly recited the holding of Bucklew. Joshua, 445 So.2d at 222. At this point, however, the Joshua Court apparently conflated the Bucklew decision with the general requirement that “an accused person has a constitutional right to be informed of the nature and material elements of the accusation filed against him.” Id. (<HOLDING>). In so doing, the Joshua decision read far Options: A. holding that the indictment for aggravated assault was substantially defective in that it did not set out any alleged overt act whatsoever regarding appellants attempt to cause bodily harm to the patrolman B. holding that aggravated assault was not a lesser included offense in prosecution for armed burglary attempted robbery and use of a firearm in the com mission of a felony because the allegation in the information that the accused carried a firearm was insufficient to charge the elements of aggravated assault C. holding that despite the inclusion of negligencebased counts because sexual assault was the only act alleged in the writ as a cause of bodily injury the injuries alleged had to be viewed as repercussions of the assault D. holding that we will not grant relief unless the indictment is so obviously defective as not to charge the offense alleged by any reasonable construction E. holding that an information charging defendant with offense of burglary that alleged that the defendant had committed an assault was not defective for failing to further allege specific facts that constituted assault

assistant: The best answer is A. holding that the indictment for aggravated assault was substantially defective in that it did not set out any alleged overt act whatsoever regarding appellants attempt to cause bodily harm to the patrolman
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: compensate one for the time value of money.”). 170 . We have addressed the costs of delay only in the context of a judgment, rather than a sanctions award, holding in Shaw that a government entity with sovereign immunity cannot be held liable for "claims grounded on the belated receipt of funds, even when characterized as compensation for delay.” 478 U.S. at 322, 106 S.Ct. 2957. Although we have not addressed a court’s sanction award for the costs of delay, the Supreme Court and the Seventh Circuit have in awarding fees under Rule 11 and other statutory provisions for fees. In Missouri v. Jenkins, the Supreme Court held that when awarding attorne (1994) (quoting Franchise Tax Bd. v. United States Postal Serv., 467 U.S. 512, 520, 104 S.Ct. 2549, 81 L.Ed.2d 1, 496 N.W.2d 459, 467 (1993) Options: A. holding that fdic is immune against interest B. holding that titere is a significant distinction between fdic in its corporate capacity and its receivership capacity where fdic acts as a receiver it is not immune from prejudgment interest C. holding that a receiver was immune from a suit alleging defamation conversion and embezzlement arising out of the course of administering the receivership D. holding that the plaintiffs were entitled to discovery to determine whether the defendant intended to be bound in his personal andor corporate capacity where the agreement contained certain personal guarantees by the defendant but where the defendant signed the agreement only in a corporate capacity with no signature blocks provided for signing in a personally capacity E. holding that the acts of a corporate officer done in his or her official capacity are acts of the corporation

assistant: The best answer is B. holding that titere is a significant distinction between fdic in its corporate capacity and its receivership capacity where fdic acts as a receiver it is not immune from prejudgment interest
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 otherwise provided in Sections 6.15 and 8.5, whether or not the Mergers are consummated, all costs and expenses incurred in connection with this Agreement and the Mergers and the other transactions contemplated by this Agreement shall be paid by the party incurring such expense, except that expenses incurred in connection with the filing fee for the S-4 Registration Statement and printing and mailing the Prospectus/Proxy Statement and the S-4 Registration Statement shall be shared equally by Parent and the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Cordova’s final policymaking authority concerning the termination or transfer of employees. For the aforesaid reasons, I conclude summary judgment should enter against Singer on the § 1981 and § 1983 claims against the School District. B. Liability of Cordova under § 1981. I have concluded the School District is not liable to Singer under § 1981. I consider Defendants’ additional argument concerning the § 1981 claim since it remains of relevance to Singer’s § 1981 claim against Cor-dova. Defendants argue § 1981 does not apply to religious discrimination and the claim should be dismissed insofar as it is based on such discrimination. See Shapolia v. Los Alamos Nat’l Lab., 992 F.2d 1033, 1036 n. 3 (10th Cir.1993); Manzanares v. Safeway Stores, Inc., 593 F.2d 968, 971 (10th Cir.1979) (<HOLDING>). Singer cites the holding in Shaare Tefila Options: A. holding discrimination based on pregnancy was not sex discrimination B. holding that allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex C. holding that a violation of 1981 requires purposeful race discrimination D. holding that racial discrimination is not a personal injury tort E. holding 1981 is directed to racial discrimination although not necessarily limited to the technical or restrictive meaning of race but does not apply to sex or religious discrimination

assistant: The best answer is E. holding 1981 is directed to racial discrimination although not necessarily limited to the technical or restrictive meaning of race but does not apply to sex or religious discrimination
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: it 's important that you provide us with accurate , complete , and up-to-date information for your account , and you agree to update such information as needed , to keep it accurate , complete , and up-to-date .

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: During any period that the Executive fails to perform his duties hereunder as a result of incapacity due to physical or mental illness (“ Disability Period ”), the Executive shall continue to receive his full Base Salary set forth in Section 5(a) until his employment is terminated pursuant to Section 6(b) , and the Company may, in its discretion, designate another individual to act in the Executive’s place, and such designation shall not constitute Good Reason. In the event the Executive’s employment is terminated for Disability pursuant to Section 6(b) , (i) the Company shall (A) pay to the Executive the Final Compensation at the time and in the manner set forth in Section 8(a)(i) hereof, and, provided the Executive signs and returns the Executive Release of Claims as set forth above, (B) pay to the Executive a lump-sum cash payment equal to the sum of one year of the Executive’s Base Salary plus the total Performance Bonus as calculated pursuant to Section 8(a)(ii) , which payment shall be made on the 60th day after the Date of Termination, and (ii) the vesting and lapsing of restrictions shall automatically accelerate on all unvested or restricted equity awards awarded to the Executive prior to the Date of Termination (including, without limitation, the Time-Based Restricted Shares, the Performance Shares (which shall vest as if the highest Target Stock Price (i.e., the $69.85 threshold set forth above) had been achieved) and any restricted shares of Company common stock issued in respect of Performance Shares), and all such awards shall remain exercisable for the full life of such awards (determined without regard to the Executive’s termination of employment). The Company shall have no further obligation to the Executive upon such termination of employment.

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 case excerpt and choose the best holding from the options. Case excerpt: of the ultimate jurisdictional facts unless the City conclusively established that it did not act fraudulently or in bad faith in determining that it had more than 5,000 inhabitants. From our review of the jurisdictional evidence, we conclude that the property owners raised more than a scintilla of evidence that the City acted with bad faith in determining that it met the inhabitancy requirement for calling a home-rule election. The courts have not defined “bad faith” in this specific context, but in passing on the validity of municipal ordinances have inquired into the “good faith” motives of those enacting them and the extent to which their actions are in furtherance of the policies of this State. See City of San Antonio v. Wallace, 161 Tex. 41, 338 S.W.2d 153, 156-57 (1960) (<HOLDING>). In the present case, the property owners Options: A. holding that action of city legislative body may be judicially examined in light of its surrounding circumstances prior and subsequent actions of such legislative body and public policy in order to determine good faith of questioned action B. holding acts of voting to be quintessentially legislative and the introduction of a budget to be formally legislative C. holding complaint allegations must be examined in light of parties contractual terms D. recognizing that member of local governmental body does not necessarily act in legislative capacity when participation takes form of vote E. recognizing that although there was no property in a dead body at common law the one whose duty it is to care for the body of the deceased is entitled to possession of the body as it is when death comes and that it is an actionable wrong for another to interfere with that right by withholding the body or mutilating it in any way

assistant: The best answer is A. holding that action of city legislative body may be judicially examined in light of its surrounding circumstances prior and subsequent actions of such legislative body and public policy in order to determine good faith of questioned action
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: Inc., 528 F.3d 614, 623 (9th Cir.2008). The relevant statute, 11 U.S.C. § 362(k)(l), states that “an individual injured by any willful violation of a stay ... shall recover actual damages, including costs and attorneys’ fees, and, in appropriate circumstances, may recover punitive damages.” Without a doubt, Congress intended § 362(k)(l) to permit recovery as damages of fees incurred to prevent violation of the automatic stay. In permitting recovery of these fees as damages, § 362(k)(l) is consistent with the American Rule. There are several other situations in which fees can be part of damages; i.e., where the harm to be remedied includes expenditure of fees. Examples include legal malpractice suits, see, e.g., John Kohl & Co. P.C. v. Dearborn & Ewing, 977 S.W.2d 528 (Tenn.1998) (<HOLDING>) (internal quotations omitted); bad faith Options: A. holding that attorney fees are incurred only when there is an express or implied agreement that the fee award will be paid over to the legal representative B. holding that the defendant was only permitted to recover attorney fees as an item of special damages with respect to the underlying action in which the defendant was sued and was not permitted to recover attorney fees incurred in the malpractice portion of the case as damages C. holding that there would be no exception to american rule on attorney fees for legal malpractice claims D. holding that a successful plaintiff in a legal malpractice action may recover initial fees a plaintiff pays or agrees to pay an attorney for legal services that were negligently performed and corrective fees incurred by the plaintiff for work performed to correct the problem caused by the negligent lawyer but not litigation fees which are legal fees paid by the plaintiff to prosecute the malpractice action against the offending lawyer E. holding that because the wife failed to present any evidence as to the legal services performed in the trial court the wife was not entitled to a second hearing to establish attorneys fees

assistant: The best answer is D. holding that a successful plaintiff in a legal malpractice action may recover initial fees a plaintiff pays or agrees to pay an attorney for legal services that were negligently performed and corrective fees incurred by the plaintiff for work performed to correct the problem caused by the negligent lawyer but not litigation fees which are legal fees paid by the plaintiff to prosecute the malpractice action against the offending lawyer
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 provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision of this Agreement will not and shall not be deemed to affect the validity or enforceability of any other provision hereof. In the event any provision of this Agreement is held to be invalid or unenforceable, the parties hereto (i) agree that the remaining provisions hereof shall be deemed to be in full force and effect as if such provisions had been executed by each of the parties hereto subsequent to the expunging of the invalid and unenforceable provision, and (ii) shall negotiate in good faith to modify this Agreement to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

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 legal provision and list the applicable contract clause categories. Provision: Upon any termination of the Executive’s employment hereunder, the Company shall pay to the Executive any salary and benefits accrued prior to the termination date and no severance or similar compensation or benefits shall be paid or payable to or for the benefit of the Executive.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or paroled into the United States is required to adjust status to that of a legal permanent resident. 8 U.S.C. § 1255(a). 3 . On appeal, the BIA held a remand to the IJ was not necessary because a newly enacted regulation clarified that, as an arriving alien, Ordonez-Garay must pursue any application for adjustment of status with the United States Citizenship and Immigration Services ("USCIS”), not the IJ. See Eligibility of Arriving Aliens in Removal Proceedings to Apply for Adjustment of Status and Jurisdiction to Adjudicate Applications for Adjustment of Status, 71 Fed.Reg. 27585-592 (May 12, 2006) (codified at 8 C.F.R. §§ 1.1, 245.1, 245.2, 1001.1, 1245.1, 1245.2). This conclusion, however, is contrary to our recent holding in Kalilu v. Mukasey, 516 F.3d 777, 780 (9th Cir.2008) Options: A. holding the bia did not abuse its discretion in denying aliens attempt to have proceedings before the board continued until uscis had an opportunity to adjudicate his adjustment application because a decision by the uscis would never return to the immigration courts and would never be reviewed by the bia B. holding that bia abused its discretion in denying motion to reopen C. holding that the bia abused its discretion in denying a motion to reopen when it failed to consider the argument before it D. holding that this court lacks jurisdiction to review denial of motion to continue to pursue adjustment of status if application to adjust status is futile E. holding the bia may in its discretion grant a motion to continue or reopen to allow an alien to pursue adjustment of status before the uscis

assistant: The best answer is E. holding the bia may in its discretion grant a motion to continue or reopen to allow an alien to pursue adjustment of status before the uscis