flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the controlling shareholders used for personal and unrelated business activity). In other cases, the controlling party strips the assets from a previously legitimate corporation in order to avoid satisfying preexisting obligations that the corporation incurred in the ordinary course of business. See, e.g., Matter of Arbitration between Holborn Oil Trading Ltd. & Interpetrol Bermuda Ltd., 774 F.Supp. 840, 847 (S.D.N.Y.1991) (Leisure, J.) (“It is clear that proof of a stripping of the assets of the subsidiary by the parent, motivated by a desire to render the subsidiary judgment proof, would constitute a ‘fraud or wrong’ justifying piercing of the corporate veil.” (internal quotation marks omitted)); Rebh v. Rotterdam Ventures Inc., 252 A.D.2d 609, 611, 675 N.Y.S.2d 234 (3d Dep’t 1998) (<HOLDING>). As discussed below, AFTC’s .veil-piercing Options: A. holding that issues not argued specifically and distinctly in a partys opening brief are waived internal quotation marks and citations omitted B. holding that opponent claiming prejudice from rule 15b amendment must show that a partys failure to plead an issue it later presented must have disadvantaged its opponent in presenting its case internal quotation marks omitted C. recognizing that a controlling partys scheme to denude a corporation of its assets in order to render it unable to honor its obligations would justify piercing the corporate veil internal quotation marks omitted D. holding that compliance with rule 3 is both a mandatory and jurisdictional prerequisite to appeal internal quotation marks omitted E. recognizing that to survive dismissal a complaint must contain sufficient factual matter accepted as true to state a claim to relief that is plausible on its face internal quotation marks omitted

assistant: The best answer is C. recognizing that a controlling partys scheme to denude a corporation of its assets in order to render it unable to honor its obligations would justify piercing the corporate veil internal quotation marks omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Should any provision of the Plan be deemed or held to be unlawful or invalid for any reason, such fact shall not adversely affect the other provisions of the Plan unless such determination shall render impossible or impracticable the functioning of the Plan, and in such case, an appropriate provision or provisions shall be adopted so that the Plan may continue to function properly.

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: This Amendment No. 1 may be executed in any number of counterparts and by the parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Signatures sent by facsimile or as an electronic copy (including in pdf format) shall constitute originals.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: S.W.2d 85, 88 (1939); McBee v. Bowman, 89 Tenn. 132, 140, 14 S.W. 481, 483 (1890); Chapman v. McAdams, 69 Tenn. at 503; Realty Shop, Inc. v. RR Westminster Holding, Inc., 7 S.W.3d 581, 596 (Tenn.Ct.App.1999). Tenn. R.App. P. 13(d)’s presumption of correctness requires appellate courts to defer to a trial court’s findings of fact. Fell v. Rambo, 36 S.W.3d 837, 846 (Tenn.Ct.App.2000); Taylor v. Trans Aero Corp., 924 S.W.2d 109, 112 (Tenn.Ct.App.1995). Because of the presumption, an appellate court is bound to leave a trial court’s finding of fact undisturbed unless it determines that the aggregate weight of the evidence demonstrates that a finding of fact other than the one found by the trial court is more probably true. Estate of Haynes v. Braden, 835 S.W.2d 19, 20 (Tenn.Ct.App.1992) (<HOLDING>). Thus, for the evidence to preponderate Options: A. holding section 768201 is exception to general rule that appellate courts uphold the trial court even if it failed to make findings on the record whenever it would be reasonable to assume that the court actually made such findings B. holding that it is not an appellate courts function to make findings of fact C. holding because defendant does not argue in his brief that these findings of fact are not supported by evidence in the record this court is bound by the trial courts findings of fact D. holding that without transcript of trial proceedings appellate court cannot review underlying evidence so as to conclude that trial courts judgment is not supported by evidence E. holding that an appellate court is bound to respect a trial courts findings if it cannot determine that the evidence preponderates otherwise

assistant: The best answer is E. holding that an appellate court is bound to respect a trial courts findings if it cannot determine that the evidence preponderates otherwise
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 provision of this Amendment which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may choose to , or we may invite you to , submit comments or ideas about the services , including without limitation about how to improve the services or our products ( `` feedback '' ) .

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: Executive affirms Executive has not divulged any proprietary or Confidential Information of the Company and will continue to maintain the confidentiality of such information consistent with the Company’s policies and Executive’s agreement(s) with the Company and/or relevant statutory or common law. Executive understands and acknowledges that notwithstanding the provisions above, Executive will not be held criminally or civilly liable for any disclosure of any of Company’s proprietary or Confidential Information that Executive makes in confidence to a federal, state or local government official, either directly or indirectly, or to an attorney, solely for the purpose of reporting or investigating a suspected violation of law; in a complaint or other document filed in a lawsuit or other proceeding when the filing is made under seal; or to Executive’s attorney or in a sealed court filing in a lawsuit alleging retaliation for reporting a suspected violation of law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is incompatible with the unique interests, values, customs, and concerns of our people. See New State Ice Co. v. Liebmann, 285 U.S. 262, 311, 52 S.Ct. 371, 386-87, 76 L.Ed. 747, 771 (1932) (Brandéis, J., dissenting) (“It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.”). Equality of treatment is a dominant theme of our laws and a central guarantee of our State Constitution, and fitting for a State with so diverse a population. The New Jersey Constitution not only stands apart from other state constitutions, but also “may be .Ed.2d 25 (1995); Right to Choose v. Byrne, 91 N.J. 287, 298, 310, 450 A.2d 925 (1982) (<HOLDING>). Article I, Paragraph 1 protects not just the Options: A. holding that it is wellsettled that the sixth and fourteenth amendments of the united states constitution guarantee a defendant on trial for his life the right to an impartial jury B. holding that central assessment by the unit method of valuation did not violate the equal protection clause of the united states constitution or the uniform operation of laws provision in the utah constitution C. holding that restriction of medicaid funding to those abortions that are necessary to save the life of the mother violates equal protection guarantee of new jersey constitution although same restriction does not violate united states constitution D. holding the exclusion did not violate the equal protection clause of the wyoming constitution or the fourteenth amendment to the united states constitution E. holding that the due process clause contained in the colorado constitution encompasses a guarantee of equal protection

assistant: The best answer is C. holding that restriction of medicaid funding to those abortions that are necessary to save the life of the mother violates equal protection guarantee of new jersey constitution although same restriction does not violate united states constitution
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 shall become effective when it shall have been executed by the Borrower, Holdings and the Administrative Agent and the Administrative Agent shall have been notified by each Lender that each such Lender has executed it and thereafter shall be binding upon and inure to the benefit of the Borrower, Holdings, each Agent and each Lender and their respective successors and assigns.

assistant: Binding Effects
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 capitalized term which is defined in the Credit Agreement, but which is not defined in this First Amendment, shall have the meaning ascribed such term in the Credit Agreement. Unless otherwise indicated, all article, section and exhibit references in this First Amendment refer to articles, sections and exhibits of the Credit Agreement.

assistant: Defined 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you believe that any content made available on or through the services has been used or exploited in a manner that infringes an intellectual property right you own or control , then please promptly send a `` notification of claimed infringement '' containing the following information to the designated agent identified below .

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 case excerpt and choose the best holding from the options. Case excerpt: time before the entry of a final judgment in the sound discretion of the court in the interest of justice.” R. 4:42-2. Even if we were to assume that Bender’s attempt to raise the “common knowledge” doctrine in response to the second motion to dismiss was the equivalent of a motion for reconsidera tion of an interlocutory order, we would conclude that the interests of justice warranted an exercise of discretion to address the claim on its merits. Absent extraordinary circumstances, a dismissal based on failure to comply with the affidavit of merit statute terminates the litigation. See N.J.S.A. 2A:53A-29 (noting that failure to comply with the affidavit of merit statute shall be deemed a failure to state a claim); Alan J. Cornblatt, P.A. v. Barow, 153 N.J. 218, 247, 708 A.2d 401 (1998) (<HOLDING>). A dismissal for failure to provide an Options: A. holding that absent extraordinary circumstances a failure to comply with the statute requires a dismissal with prejudice B. holding plaintiffs failure to comply with section 2622 requires dismissal in federal court C. holding that failure to comply with state contemporaneous objection rule bars federal review absent a showing of cause and prejudice D. holding that dismissal for failure to comply with discovery orders is on the merits E. holding dismissal for failure to comply with rule 8 was dismissal of entire action which was appealable final order

assistant: The best answer is A. holding that absent extraordinary circumstances a failure to comply with the statute requires a dismissal with prejudice
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 notices or demands required or contemplated hereunder shall be written and shall be effective two days after the placing thereof in the United States mails postage prepaid or with a nationally-recognized courier service such as Federal Express, addressed to the relevant party at its address set forth on the signature page below or upon transmission by telecopy to the relevant party at the telecopy number set forth on the signature page below and a confirmation is received or at any other address or telecopy number as may be designated by the party in a notice to the other parties provided , however , that any notice to the Lender pursuant to Section 10 shall not be deemed given until actually received by the Lender.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: established two methods for resolving disputes between the states. Petty v. Tennessee-Missouri Bridge Comm’n, 359 U.S. 275, 278 n. 5, 79 S.Ct. 785, 3 L.Ed.2d 804 (1959) (assuming a commission created by an interstate compact had Eleventh Amendment immunity, such immunity was waived by the compact itself). The first method is the original jurisdiction conferred upon the Supreme Court by the Constitution to resolve disputes between the states. Id. (citing U.S. Const. art. III., § 2). “The other is the compact _” Id. (citation omitted). As for the first method, we know that when the Supreme Court exercises its original jurisdiction there is no sovereign immunity and the Eleventh Amendment does not apply. Texas v. New Mexico, 482 U.S. 124, 130, 107 S.Ct. 2279, 96 L.Ed.2d 105 (1987) (<HOLDING>). As the Supreme Court said, “[i]n proper Options: A. holding the bad faith rationale inapplicable given that the defendants acted in good faith in appealing the case and in raising defenses to the plaintiffs claims B. holding that a bad faith claim is a tort C. holding that monetary relief could be awarded against new mexico because it acted in bad faith by failing to deliver water called for by a compact D. holding that an insurer acted in bad faith by failing to keep the insured informed of settlement negotiations E. holding that if the town acted in bad faith in negotiations and litigation which prevented construction then the plaintiffs on remand cannot be deemed to have lost any rights to vest that they would have been able to exercise in the absence of bad faith

assistant: The best answer is C. holding that monetary relief could be awarded against new mexico because it acted in bad faith by failing to deliver water called for by a compact
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower has timely filed all tax returns and reports required by law to have been filed by it and has paid all taxes, governmental charges and assessments due and payable with respect to such returns, except any such taxes or charges which are being diligently contested in good faith by appropriate proceedings and for which adequate reserves in accordance with GAAP shall have been set aside on its books, are insured against or bonded over to the satisfaction of the Bank and the contesting of such payment does not create a Lien on the Collateral which is not a Permitted Lien. There is no controversy or objection pending, or threatened in respect of any tax returns of the Borrower. The Borrower has made adequate reserves on its books and records in accordance with GAAP for all taxes that have accrued but which are not yet due and payable.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: complaint alleges that Colleton was negligent in its own right. Accordingly, because the Agreement only required CareFirst to provide a defense to Colleton “for claims arising solely on the basis of vicarious liability or ostensible or apparent agen cy,” CareFirst was not required to provide Colleton a defense at the onset of the litigation. We recognize Grant’s attorney “stipulated” during the Grant trial that his only cause of action against Colleton was a vicarious liability claim. However, the record reflects this stipulation was made as part of the settlement agreement. Thus, as of the date of the stipulation, when CareFirst arguably was required to provide a defense to Colleton, Colleton was no longer in need of a defense. See Hartsville, 382 S.C. at 547, 677 S.E.2d at 580 (<HOLDING>). Furthermore, the settlement agreement Options: A. holding that the insurer did not have a duty to defend because the pleadings alleged that the defendants had acted intentionally rather than negligently B. holding that an insurer can normally dispute coverage even after a court determines there is a duty to defend C. holding that insurer had a continuing duty to defend D. holding that an insurer had a duty to defend the insured until it could establish that those claims were not supported by the facts E. holding that a claim against an insurer for vexatious refusal to pay cannot be maintained where the court finds that the insurer has no duty to defend under the policy

assistant: The best answer is C. holding that insurer had a continuing duty to defend
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: Forster & Garbus, but they are sued herein as "Foster and Garbus.” 2 . This Agreement is in the form of a letter agreement countersigned by both parties, dated June 5, 1997 (Forster Aff. Ex. B). 3 . Most of the cases which have considered this section of the statute have focused on whether the violation occurs on the date the letter is mailed or the date it is received. See, e.g., Bates v. C & S Adjusters, Inc., 980 F.2d 865, 868 (2d Cir. 1992) (observing that harm does not occur until receipt of the collection notice); Berrios v. Sprint Corp., No. 97 CIV 0081, 1997 WL 777945 at *4 (E.D.N.Y. Nov. 13, 1997) (finding that the statute of limitation on plaintiff’s FDCPA claim “is one year from the date she received the letter”). See also, Naas v. Stolman, 130 F.3d 892, 893 (9th Cir. 1997) (<HOLDING>). 4 . Defendants served written interrogatories Options: A. holding that rule 6e is inapplicable where the time for filing begins to run on the date of mailing B. holding that the relevant time of inquiry is the date of the filing of the complaint C. holding that the statute of limitations begins to run on the date the alleged malpractice is discovered D. holding that the statute of limitations period begins to run when the allegedly discriminatory pension plan is applied to the plaintiffs and leaving determination of the actual date the statute begins to run on each claim to the district court E. holding that where the violation of the fdcpa was the filing of a lawsuit the statule of limitations begins to run on the date of filing

assistant: The best answer is E. holding that where the violation of the fdcpa was the filing of a lawsuit the statule of limitations begins to run on the date of filing
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: none of your content will be subject to any obligation of confidence on the part of instagram , and instagram will not be liable for any use or disclosure of any content you provide .

assistant: Limitation of liability
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: § 16(a) in order to make “the acquisition of a derivative security as a reportable event, whether or not the security is presently exercisable,” id. at 81,264. Although the new regulations, if applicable, clearly would have a significant impact on our analysis, we are obligated to evaluate this case according to the SEC rules operative at the time of the disputed transactions, as long as those rules were not inconsistent with the dictates of § 16 of the Act. See 15 U.S.C. § 78w(a)(l) (1992) (Section 23(a)(1) of the Act) (“[n]o provision of this chapter imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or order of the [Securities and Exchange] Commis sion”). See also, Greene v. Dietz, 247 F.2d 689, 694-95 (2d Cir.1957) (<HOLDING>); Colema Realty Corp. v. Bibow, 555 F.Supp. Options: A. holding that the defendant did not establish good faith as a matter of law B. holding that a receiver is not liable for loss resulting from his good faith reliance on the advice of counsel C. holding that benefiting fiduciary must show he acted in good faith and that transactions were fair and equitable D. holding that 23a serves to immunize from 16b liability those corporate insiders who structure their option transactions in good faith reliance on existing sec rules and regulations E. holding that the transaction must be fair and equitable and in good faith

assistant: The best answer is D. holding that 23a serves to immunize from 16b liability those corporate insiders who structure their option transactions in good faith reliance on existing sec rules and regulations
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 (including the Annexes attached hereto), the Reimbursement Agreement and the RMS Proxy constitute the entire agreement among the parties, and supersede any prior agreements, understandings, arrangements or representations, by or among the parties, written and oral, with respect to the subject matter hereof.

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: Grantor agrees to pay upon demand all of Lender's costs and expenses, including attorney's fees and Lender's legal expenses, incurred in connection with the enforcement of this Agreement. Lender may pay someone else to help enforce this Agreement, and Grantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's Attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Grantor also shall pay all court costs and such additional fees as may be directed by the court.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Supplement may be executed by the parties hereto in several counterparts, each of which shall be deemed to be an original and all of which shall constitute together but one and the same agreement. Delivery of an executed counterpart of a signature page to this Guaranty by facsimile or via other electronic means shall be effective as delivery of a manually executed counterpart of this Guaranty.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the Supreme Court in Heller. See Heller, 554 U.S. at 635, 128 S.Ct. 2783. This Court finds further support for its conclusion in recent decisions of the Illinois Appellate Court, which has also concluded that Heller and McDonald affirm a Second Amendment right to bear arms in the home but not outside of the home. See People v. Williams, 2011 IL App (1st) 091667-B, 357 Ill.Dec. 247, 962 N.E.2d 1148, 1153-54 (Ill.App.Ct.2011) (finding that the 355 Ill.Dec. 193, 959 N.E.2d 221, 227-28 (Ill.App.Ct.2011) (same); Mimes, 352 Ill.Dec. 119, 953 N.E.2d at 77 (same); People v. Ross, 407 Ill.App.3d 931, 939-40, 349 Ill.Dec. 762, 947 N.E.2d 776 (2011) (same); Aguilar, 408 Ill.App.3d at 142-50, 348 Ill.Dec. 575, 944 N.E.2d 816 (same); Dawson, 403 Ill. App.3d at 510, 343 Ill.Dec. 274, 934 N.E.2d 598 (<HOLDING>). This Court concludes that the Illinois UUW Options: A. recognizing that the right to bear arms is fundamental B. holding that the right to drive is not a fundamental right C. holding right to be fundamental D. holding that us supreme court cases do not define the fundamental right to bear arms to include activity barred by the auuw statute E. holding that because defendants did not prevent plaintiff from acquiring another weapon they did not impede plaintiffs right to bear arms

assistant: The best answer is D. holding that us supreme court cases do not define the fundamental right to bear arms to include activity barred by the auuw 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: make any copies of , modify , adapt , disassemble , translate , decompile , distribute or otherwise transfer , rent , lease , loan , resell , sublicense or reverse engineer our service or any part thereof ;

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 case excerpt and choose the best holding from the options. Case excerpt: J.) (“Rule 12(h)(1) does not require the assertion of the defenses of lack of personal jurisdiction or improper venue within the time provided in Rule 12(a) but provides that these defenses will be waived if neither made by motion nor included in a responsive pleading.”); see also Lagana v. Kmart Corp., No. Civ. A. 97-5911, 1998 WL 372347, *3 (E.D.Pa. June 19, 1998) (Gawthrop, J.) (deciding to consider defendant’s 12(b)(6) motion despite untimely filing); Kampf v. Heinecke, Civ. A. No. 94-6452, 1995 WL 262526, *1 (E.D.Pa. April 28, 1995) (McGlynn, J.) (concluding that defendants’ late objection for improper venue was timely, where plaintiff failed to move for default judgment); Elias v. Energy Reduction Sys., Inc., No. Civ. A. 92-4971, 1993 WL 55932, at *3 (E.D.Pa. Mar.2, 1993) (<HOLDING>); Foss v. Klapka, 95 F.R.D. 521, 523 Options: A. holding that under a 12b2 motion tardiness does not constitute a waiver so long as defendants first response raises the issue B. holding that after final judgment was entered and defendant did not file a direct appeal the proceedings were no longer pending under rule 12b2 C. holding that acceptance and investigation of a federal employees complaint does not constitute waiver D. holding that even though defendants response does not affirmatively state in the document itself that they are competent to testify as to the facts to which they swore does not necessarily doom their testimony so long as the record taken as a whole demonstrates that their testimony meets the requirements of rule 56 E. holding that a defendants attorney can waive the defendants sixth amendment confrontation right so long as the defendant does not dissent from his attorneys decision and so long as it can be said that the attorneys decision was a legitimate trial tactic or part of a prudent trial strategy

assistant: The best answer is A. holding that under a 12b2 motion tardiness does not constitute a waiver so long as defendants first response raises the 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 legal provision and list the applicable contract clause categories. Provision: No waiver by either Party of any default of the other Party will be held to be a waiver of any other or subsequent default. The election by either Party of any particular right or remedy will not be deemed to exclude any other; and all rights and remedies of either Party will be cumulative.

assistant: Waivers
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: factor in deciding whether' to apply the economic-loss rule is not whether privity exists but rather whether there is “a duty separate and apart from a contractual duty.” Long Trail, 2012 VT 80, ¶ 13. ¶ 28. “Negligence law does not generally recognize a duty to exercise reasonable care to avoid intangible economic loss to another unless one’s conduct has inflicted some accompanying physical harm.” O’Connell v. Killington, Ltd., 164 Vt. 73, 77, 665 A.2d 39, 42 (1995). The physical harm may be to property rather than persons, but injury to the product or property that is the subject of a contract is generally considered a disappointed economic expectation for which relief lies in contract rather than tort law. See E. River S.S. Corp. v. Transamerica Delaval Inc., 476 U.S. 858, 871 (1986) (<HOLDING>); see also Paquette v. Deere & Co., 168 Vt. Options: A. holding that a cause of action does not arise in negligence when a product malfunctions or is defective and the malfunction or defect results in damage only to the product itself and produces only economic loss B. holding that no products liability claim lies in admiralty when commercial party alleges injury only to product itself resulting in purely economic loss insofar as the tort concern with safety is reduced when an injury is only to the product itself C. holding that an action for breach of implied warranty of merchantability under the uniform commercial code is a product liability action within the meaning of the products liability act if as here the action is for injury to person or property resulting from a sale of a product D. holding that products liability cases only give rise to a tort claim where product failure harms public safety E. holding that a consumer can institute a products liability suit for economic loss to the product

assistant: The best answer is B. holding that no products liability claim lies in admiralty when commercial party alleges injury only to product itself resulting in purely economic loss insofar as the tort concern with safety is reduced when an injury is only to the product itself
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: code § 1789.3 , you may report complaints to the complaint assistance unit of the division of consumer services of the california department of consumer affairs by contacting them in writing at 400 r street , sacramento , ca 95814 , or by telephone at (800) 952-5210 .

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: Employee shall use his best efforts and skills to truthfully, accurately, and promptly prepare, maintain, and preserve all records and reports that the Company may, from time to time, request or require, fully account for all money, records, equipment, materials, or other property belonging to the Company of which he may have custody, and promptly pay and deliver the same whenever he may be directed to do so by the Board.

assistant: Records
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 collateral review). Petitioner also argues that, under the Fifth Amendment’s double jeopardy clause, he cannot be subject to multiple punishment on multiplieitous charges. In support of this claim, Petitioner cites Braverman v. United States, in which the Supreme Court stated that “one agreement cannot be taken to be several agreements and hence several conspiracies because it envisages the violation of several statutes rather than one.... The single agreement is the prohibited conspiracy, and however diverse its objects it violates but a single statute.... For such a violation, only the single penalty prescribed by the statute can be imposed.” Braverman, 317 U.S. 49, 53-54, 63 S.Ct. 99, 87 L.Ed. 23 (1942); see also United States v. Licciardi, 30 F.3d 1127, 1131 (9th Cir.1994) (<HOLDING>); Launius v. United States, 575 F.2d 770, 771 Options: A. holding that 1962d does not violate the principle prohibiting conviction of multiple conspiracies under an indictment charging a single conspiracy B. holding that the notion of enterprise conspiracy has largely rendered the old distinction between single conspiracy and multiple conspiracy irrelevant to rico conspiracy charges C. holding that two conspiracies existed where the members of the second conspiracy did not know about the first conspiracy did not benefit from the first conspiracy and were connected with the first conspiracy only through a middleman D. holding that indictment is multiplieitous if it charges multiple conspiracies when there is only a single conspiracy to violate two statutes E. holding that two conspiracies existed where the first indictment was for a conspiracy to buy marijuana in mississippi and the second indictment involved a scheme to smuggle marijuana from colombia and distribute it in indiana

assistant: The best answer is D. holding that indictment is multiplieitous if it charges multiple conspiracies when there is only a single conspiracy to violate two statutes
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: yet to collect the judgment as Billie and Bert assert they have no assets. Several years after the first final judgment was entered, Bermudez filed a motion to add the Tribe as a judgment debtor in the matter because the Tribe had funded and guided Billie and Bert’s defense in the lawsuit. The Tribe objected on several grounds, including sovereign immunity. Following an evidentiary hearing, the trial court entered an order granting Bermu- dez’s motion. On July 9, 2013, the trial court accordingly entered a second final judgment in favor of Bermudez and solely against the Tribe for the full amount of the original final judgment, plus interest, for a total judgment of just over $4.1 million. That final judgment did not reference the earlier final judgment against Billie and Ber Cal.1898) (<HOLDING>). For a discussion of when issue preclusion Options: A. holding a nonparty to a patent infringement suit who funded an unsuccessful challenge to a patent could not file a subsequent lawsuit again challenging the patent B. holding that copyright infringement defendant failed to prove the affirmative defense of unclean hands which was based on the patent holders marking of its product with an expired patent because there was no evidence that the patent holder had acted with the requisite intent to deceive C. holding patent policy incorporated by reference into patent agreement D. holding that knowledge of the patent is required for willful infringement E. holding in a patent infringement case that plaintiff lacked standing where it held a conditional right to license a patent and enforce license agreements but did not have the right to transfer the patent

assistant: The best answer is A. holding a nonparty to a patent infringement suit who funded an unsuccessful challenge to a patent could not file a subsequent lawsuit again challenging the patent
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: is reasonable where the police officer has probable cause to believe that a crime is being committed or was committed. Devenpeck v. Alford, - U.S. -, 125 S.Ct. 588, 593, 160 L.Ed.2d 537 (2004). "[The decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred." Whren v. United States, 517 U.S. 806, 810, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996); People v. Altman, 938 P.2d 142, 145 (Colo.1997) (finding that a cracked windshield and illegible license plate gave rise to reasonable suspicion that criminal activity had occurred or was occurring). The Fourth Amendment does not require the offense that established probable cause be "closely related" to the offense charged by the arresting officer. Devenpeck, 125 S.Ct. at 594 (<HOLDING>). The subjective intention of an officer is Options: A. recognizing affirmative duty of a police officer to prevent the violation of constitutional rights by another officer B. holding officer may search vehicle for weapons if officer has reasonable belief based on articulable facts that officer or another may be in danger C. holding that a police officer may stop a driver where the officer has a reasonable and articulable suspicion regarding the commission of a civil traffic violation D. recognizing that police officer may stop a suspect if the officer has a reasonable suspicion supported by articulable facts that criminal activity may be afoot E. holding that the initial stop by officer was based on reasonable suspicion that defendant was impersonating a police officer although another officer arrested defendant for privacy act violation

assistant: The best answer is E. holding that the initial stop by officer was based on reasonable suspicion that defendant was impersonating a police officer although another officer arrested defendant for privacy act violation
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 portion of any provision hereof or any surviving agreement made a part hereof becomes or is declared by a court of competent jurisdiction or arbitrator to be illegal, unenforceable, or void, this Retirement Agreement shall continue in full force and effect without said provision or portion of provision.

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: This Agreement may be executed and delivered in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original, but all of which taken together shall constitute one and the same agreement. This Agreement may be executed and delivered by facsimile or .pdf transmission.

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: All notices, demands, requests, consents and other communications shall be in writing and served by hand delivery, by certified mail, return receipt requested, or by a recognized overnight delivery service, if to Mortgagee, to the address set forth in the caption of this Mortgage, with a copy in like manner to Romer Debbas LLP, 275 Madison Avenue, Suite 801, New York, New York 10016, Attn: Guy Arad, Esq., and if to Mortgagor, to Mortgagor at the address set forth in the caption of this Mortgage, with a copy in like manner to Marcus Rosenberg & Diamond LLP, 488 Madison Avenue, 17 th Floor, New York, New York 10022, Attn: Jeffrey M. Diamond, Esq., unless proper written notice has been given to all other parties of any change in address. Notices and other written communication shall be deemed to have been properly served upon delivery to the designated address provided, however, that any notice or other communication sent by certified mail, return receipt requested, shall be deemed to have been properly served on the third business day after mailing, regardless of when it is actually received.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Loan Parties and their Subsidiaries are in compliance in all material respects with all applicable Laws (other than Environmental Laws which are specifically addressed in Section 6.1.19 [Environmental Matters]) in all jurisdictions in which any Loan Party or Subsidiary of any Loan Party is presently or will be doing business except where the failure to do so could not reasonably be expected to 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 legal provision and list the applicable contract clause categories. Provision: Directly or indirectly, use the proceeds of any Extension of Credit, or lend, contribute or otherwise make available such proceeds to any Subsidiary, joint venture partner or other Person, to fund any activities of or business with any Person, or in any Designated Jurisdiction, that, at the time of such funding, is the subject of Sanctions, or in any other manner that will result in a violation by any Person (including any Person participating in the transaction, whether as a Lender, an Arranger, the Administrative Agent, the LC Issuer or otherwise) of Sanctions.

assistant: Sanctions
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: activity nor is it inextricably tied to matters requiring the exercise of discretion. Rather, it is a discrete activity, sufficiently separable from protected discretionary decisions to make the discretionary function exception inapplicable to this allegation. We express no view whether the allegation is otherwise cognizable under the FTCA or whether it is supported by the evidence. We therefore affirm in part, reverse in part and remand to the district court for proceedings consistent with this opinion. So ordered. 1 . The postal inspector defendants-appellees are Michael Hartman, Frank Korman, Robert Edwards, Pierce McIntosh, Daniel Harrington and Norman Robbins. 2 . Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971) (<HOLDING>). 3 . The complaint also asserted other Options: A. recognizing cause of action for damages against federal agents acting under their authority who allegedly violated plaintiffs fourth amendment rights B. recognizing an action for damages against unknown federal agents for the violation of constitutional rights C. recognizing cause of action D. recognizing cause of action against federal officials for violation of constitutional rights E. recognizing a cause of action for damages against officials who violate constitutional or statutory rights under color of federal law

assistant: The best answer is E. recognizing a cause of action for damages against officials who violate constitutional or statutory rights under color of federal law