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: in any manner and by any medium reasonable in the circumstances.” Empire points to the language contained under paragraph 1 of this statute and contends the conduct of Litton constitutes, as a matter of law, an acceptance of its offer under the Equipment Sales Agreement. Litton, on the other hand, points to the lead paragraph of this statute and argues that paragraph 6 of the Equipment Sales Agreement, as a matter of law, “otherwise unambiguously indicated” that only home office acceptance shall constitute an acceptance of the contract. In our opinion, both ar ontaining a clause that acceptance can only be made by approval of officers at the home office could be accepted in a manner other than by such written approval. See Pratt-Gilbert Co. v. Renaud, 25 Ariz. 79, 213 P. 400 (1923) (<HOLDING>); Armour & Co. v. Celic, 294 F.2d 432 (2d Cir. Options: A. holding that performance may be valid acceptance B. holding that performance of employment services constituted acceptance of the offer of participation in bonus plan and a binding unilateral contract was thereby formed C. holding that complete performance of contract constituted acceptance D. holding that subsequent modifications to a written proposal which constituted a contract upon oral acceptance were not part of the contract because they were done without the knowledge or consent of other party E. holding that a valid contract requires acceptance of an offer

assistant: The best answer is C. holding that complete performance of contract constituted acceptance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall have the right to assign this Agreement to its successors or assigns. The terms “successors” and “assigns” shall include any person, corporation, partnership or other entity that buys all or substantially all of the Company’s assets or all of its stock, or with which the Company merges or consolidates. The rights, duties and benefits to Executive hereunder are personal to him, and no such right or benefit may be assigned by him.

assistant: Assignments
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: sought to be accorded nonquo-ta status based on a prior fraudulent marriage.”); see also Morgan v. Gonzales, 445 F.3d 549, 552 (2d Cir.2006) (“Despite [petitioner’s] argument to the contrary, he had no right to the adjudication of a second I-130 petition stemming from a marriage that had already been determined to lack bona fides.”). The finding by the INS that Ms. Eberheart’s prior marriage was a sham was the basis for the INS’ later denial of Seabrook’s spousal visa petition. Ms. Eberheart had over seven years to clear up her visa petition proceedings with the INS, and during that time the immigration court granted multiple continuances. She does not contend that the IJ should have given her yet another one. Cf. Zafar v. United States Att’y Gen., 461 F.3d 1357, 1362 (11th Cir.2006) (<HOLDING>). Instead, she argues that the IJ should not Options: A. holding that denial of joinder motion is reviewed for abuse of discretion B. holding denial of continuance to be an abuse of discretion C. holding that denial of untimely request was not abuse of discretion D. holding that there was no abuse of discretion in the ijs denial of petitioners motions for continuances to await decisions on their pending requests for labor certifications E. holding no jurisdiction to review ijs discretionary denial of waiver of inadmissibility despite petitioners cloaking an abuse of discretion argument in constitutional garb

assistant: The best answer is D. holding that there was no abuse of discretion in the ijs denial of petitioners motions for continuances to await decisions on their pending requests for labor certifications
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 Seller hereby acknowledges that the Purchaser has, concurrently with the execution hereof, executed and delivered the Pooling and Servicing Agreement and that, in connection therewith, it has assigned its rights hereunder to the Trustee for the benefit of the Certificateholders. The Seller hereby acknowledges its obligations pursuant to Sections 2.01, 2.02 and 2.03 of the Pooling and Servicing Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the Seller, the Purchaser and their permitted successors and assigns. Any Person into which the Seller may be merged or consolidated, or any Person resulting from any merger, conversion or consolidation to which the Seller may become a party, or any Person succeeding to all or substantially all of the business of the Seller, shall be the successor to the Seller hereunder without any further act. The warranties and representations and the agreements made by the Seller herein shall survive delivery of the Mortgage Loans to the Purchaser and by the Purchaser to the Trustee (notwithstanding any restrictive or qualified endorsement or assignment in respect of any Mortgage Loan), but shall not be further assigned by the Trustee to any Person.

assistant: Assignments
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 counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Signatures delivered by facsimile (including, without limitation, by “”pdf”) shall be effective for all purposes.

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: You shall not be entitled to any benefit under or by virtue of this Agreement (except as expressly provided in Section 8 hereof) unless a Change in Control of the Company (as defined below) shall occur during the term of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that any other suspect was sought or questioned. Indeed, once the defendant had admitted to being involved in the incident there was no need fo estioning occurs when the ‘police have reasonable grounds to believe that a crime has been committed and also reasonable grounds to believe that the defendant committed it.’ ” Sampson, 808 P.2d at 1105-06 (quoting Carner, 664 P.2d at 1171). Even assuming that the initial questioning in this case was merely investigatory, the questioning became inarguably accusatory when defendant admitted that he was the man involved in the incident and that he had been masturbating immediately prior to the allegedly lewd display. Turning from the form of interrogative to the length of interrogation, it is evident that the questioning las 465, 476 (D.P.R.1982) (<HOLDING>). We believe that these decisions represent a Options: A. holding that defendants status as police officer did not obviate the requirement of miranda B. holding that miranda warnings do not have to be given in the exact form stated in the miranda opinion as long as an effective equivalent is given C. holding that defendants occupation as an attorney did not relieve police officers of giving him the requisite miranda warnings D. holding police officer knew that miranda rights are required to be given only to individuals who are in custody and although giving miranda warnings to a detainee may not automatically convert a terry stop into an arrest it is evidence that the nature of the detention has grown more serious E. holding that the warnings in their totality satisfied miranda

assistant: The best answer is C. holding that defendants occupation as an attorney did not relieve police officers of giving him the requisite miranda warnings
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: either the finding of guilt in a given case or the judgment of conviction combining the finding of guilt with a corresponding criminal sentence. State v. Gile, 161 Or App 146, 150, 985 P2d 199 (1999). I understand the legislature to have intended “conviction,” for purposes of ORS 161.610, to mean a finding of guilt, and not a judgment of conviction combined with a criminal sentence. That understanding is derived from the text and context of ORS 161.610, PGE, 317 Or at 610-11, including the legislative changes that have brought it into its present form. State v. K. P., 324 Or 1, 9, 921 P2d 380 (1996). As originally enacted, the operative provisions of ORS 161.610 applied in three situations: (1) where “the conviction necessarily establishe[d] that the defendant used P2d 1224 (1996) (<HOLDING>), with Gile, 161 Or App at 150-51 (holding that Options: A. holding that it is not known legally that an offense has been committed until there is a conviction B. holding that a claim that the defendant may be insane at the time of execution is premature where no death warrant has been signed and the defendant has not been found to be incompetent C. holding the same where the term conviction refers to a defendant who has been found guilty of a listed offense but has not yet been sentenced D. holding that a person who was a juvenile at the time of the offense cannot be sentenced to death E. holding that an immigrant defendant is eligible for 212c relief despite having been sentenced to a fifteen year prison term because he had not yet served five years of the sentence

assistant: The best answer is C. holding the same where the term conviction refers to a defendant who has been found guilty of a listed offense but has not yet been sentenced
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court also stated that “[t]he small amount of skill required to play the games is clearly overshadowed by pure chance.” 233 Kan. at 449. This off-hand statement was in the context of the case, dicta. It is also die sole source for the proffered test in this case. The parties do not cite and we have not found any other Kansas cases that have directly considered the role of chance and skill in determining whether a game is an illegal lottery. Although the predominate factor test has never been expressly applied by a Kansas appellate court, it has been applied in other states. See Com. v. Dent, 992 A.2d 190, 196 (Pa. Super. 2010) (applying predominate factor test in finding that Texas Hold’Em is a game of chance); Joker Club, L.L.C. v. Hardin, 183 N.C. App. 92, 97, 643 S.E.2d 626 (2007) (<HOLDING>); Indoor Recreation Enterprises, Inc. v. Options: A. holding that the hgn test may be considered as a factor in determining probable cause B. holding that video game maker defendants have met both requirements of the rogers balancing test and are entitled as a matter of law to a first amendment defense to plaintiffs lanham act claims C. holding that a video game clearly qualifies as an artistic work entitled to first amendment protection D. holding that the level of detail in testimony is a relevant factor in the totality of the circumstances test of credibility employed by immigration judges E. holding that poker is a game of chance under the predominate factor test

assistant: The best answer is E. holding that poker is a game of chance under the predominate factor test
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: where the suit is brought; that is, in Ecuador. First, as Gallo points out, Ecuador’s repeal of Decree 1038-A is a strong indication that the portion of that decree that invalidates forum selection and choice of law clauses does not constitute strong public policy. Second, to the extent Decree 1038-A may have expressed a public policy against forum selection clauses, the strength or extent of that policy is not sufficient to justify the non-enforcement of the forum selection and choice of law provisions of the contract. Public policy against a forum selection clause will not prevent enforcement of the clauses where the contract implicates international trade and where the complaining party’s substantive rights are not subverted by the choice of law or forum. See Bonny, 3 F.3d at 162 (<HOLDING>). While Andina argues that Bonny, and Options: A. holding antiwaiver provision of securities laws does not prevent enforcement of contract provision choosing english forum B. holding federal law does not prevent a state from choosing between prospective operation of its decision and that of relation backward C. holding that puffery is not actionable under the securities laws D. holding that in interpreting a contract we look to the conflict of laws rules of the forum state to determine which states laws will be controlling E. holding that provision of securities exchange act allowing injunction against one who is violating or will violate securities laws does not confer subject matter jurisdiction over dispute with individual not accused of such violations

assistant: The best answer is A. holding antiwaiver provision of securities laws does not prevent enforcement of contract provision choosing english forum
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 warranties and representations (as of the date such warranties and representations were made) made herein or in any certificate or other instrument delivered by it or on its behalf under this Agreement shall be considered to have been relied upon by the parties hereto and shall survive the issuance of the Warrants. This Agreement shall inure to the benefit of and be binding upon the successors and permitted assigns of each of the parties; provided however that no party may assign this Agreement or the obligations and rights of such party hereunder without the prior written consent of the other parties hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is uncertain whether Mr. Porcaro is actually dead. Great Southern presented deposition evidence from which a jury could reasonably determine that Mr. Porcaro may have fled to avoid prosecution and, thus, still be alive. Furthermore, the probate court’s ruling does not constitute prima facie evidence of Mr. Porcaro’s death. While a death certificate obtained through probate proceedings provides some evidence of death, death certificates no longer have prima facie evidentiary value outside the context of probate proceedings. See Ch. 97-287, § 106, at 4169, Laws of Fla. (eliminating provision in section 382.025(5), Florida Statutes, that provided for such prima facie evidentiary value in “all courts and cases”); Branca by Branca v. Sec. Benefit Life Ins. Co., 773 F.2d 1158 (11th Cir.1985) (<HOLDING>). Therefore, the burden was on Mrs. Porcaro to Options: A. holding that a plaintiff must merely make out a prima facie case to withstand a motion to dismiss for lack of personal jurisdiction where there has been no evidentiary hearing B. holding that a prima facie case is subject to independent review C. recognizing confusion caused by prima facie language D. holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence E. holding section 731103 florida statutes providing for prima facie evidentiary value upon the presentation of enumerated evidence of death applies only in probate proceedings

assistant: The best answer is E. holding section 731103 florida statutes providing for prima facie evidentiary value upon the presentation of enumerated evidence of death applies only in probate proceedings
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 provided for or required under this Agreement shall be in writing and delivered personally, mailed or sent via e-mail or express delivery service to the applicable address set forth below. All payments required under this Agreement shall be delivered to the same addresses. All such payments and notices shall be deemed given when received. Either party may, from time to time and in accordance with the procedures set forth in this Section 11.3, specify a different address for receipt of payments and notices.

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: Any Lender may at any time, without the consent of, or notice to, the Borrowers or the Administrative Agent, sell participations to any Person (other than a natural Person, a Defaulting Lender or the Company or any of the Company’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lender’s participations in L/C Obligations) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrowers, the Administrative Agent and the Lenders and the L/C Issuer shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 11.04(c) without regard to the existence of any participation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any claim or controversy arising out of or relating to this Agreement or the breach hereof shall be resolved exclusively by arbitration. Any such arbitration will be administered in accordance with the Employment Dispute Resolution Rules of the American Arbitration Association (“AAA”), in or near the area of Plymouth, Michigan before an experienced employment law arbitrator licensed to practice law in that jurisdiction who has been selected in accordance with such Rules. Each party may be represented by counsel. The arbitrator’s award will be enforceable, and a judgment may be entered thereon, in a federal or state court of competent jurisdiction in the state where the arbitration was held. The decision of the arbitrator will be final and binding.

assistant: Arbitration
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: until “the monopolist actually sets an inflated price and its customers determine the amount of their purchases.” Id. The reasoning is less persuasive when the purchaser was a counterparty to an allegedly illegal contract, who knew when the contract was executed the allegedly inflated price it was required to pay and the allegedly anticom-petitive effects of the- contract. The two non-binding cases U.S. Airways cites do not alter this analysis. While the courts in both cases applied Berkey in the context of a Section 1 claim, neither case was brought by a purchaser alleging that its own contract was anticompetitive. Rather, both were brought by direct -consumers of the allegedly anticompetitively priced products. See In re Buspirone Patent Litig., 185 F.Supp.2d 363, 380 (S.D.N.Y.2002) (<HOLDING>); Precision Assocs., Inc. v. Panalpina World Options: A. holding that the plaintiffs claims under 22a452 were barred by the statute of limitations but declining to decide which statute to apply B. holding that section 1 claims of direct purchasers of buspirone products were not barred by the statute of limitations C. holding that parents were not entitled to use infancy tolling provisions and that the statute of limitations barred their claims D. holding that federal courts apply the forum states personal injury statute of limitations for section 1983 claims E. holding that the amended complaint could not relate back to the original complaint in which all claims were barred by the statute of limitations

assistant: The best answer is B. holding that section 1 claims of direct purchasers of buspirone products were not barred by the statute of limitations
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 tax issues involved)). In this case, BASR was unable to locate any local or national firm with tax expertise that would enter the representation at the statutory rate. PI. Mem. Ex. B (3/7/16 Affidavits of William F. Petti-nati, Sr., and William F. Pettinati, Jr.). For these reasons, BASR requests recovery of attorney fees at an hourly rate equivalent to $400 for time billed by Sutherland Asbill partners and $260 for time billed by its associates, or an additional $118,014. PI. Mem. at 7-9. 4. BASR’s Paralegal Fees And Other Costs Are “Reasonable.” Paralegal fees are allowed under the EAJA, when the paralegal performs nonlegal work that a lawyer would have had to perform personally, but for the paralegal. PI. Mem. at 10 (citing Jean v. Nelson, 868 F.2d 769, 778 (11th Cir. 1988) (<HOLDING>), aff'd sub nom, Comm’r, I.N.S. v. Jean, 496 Options: A. holding that paralegal fees may be recovered at a market rate but only to the extent that a paralegal performs work that would normally be done by an attorney B. holding purely clerical or secretarial tasks should not be billed at a paralegal rate regardless of who performs them C. holding that purely clerical or secretarial tasks should not be billed at a paralegal rate regardless of who performs them D. holding that attorneys fees under adea may not be recovered against a defendant who was not an employer of the plaintiff E. recognizing that 90 per hour is a reasonable rate for a paralegal

assistant: The best answer is A. holding that paralegal fees may be recovered at a market rate but only to the extent that a paralegal performs work that would normally be done by an attorney
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 Lender may from time to time waive in whole or in part any right, remedy, breach or default under any provision of this Agreement, but any such waiver on any particular occasion will not be deemed to be a waiver of any such right, remedy, breach or default thereafter or of any other right, remedy, breach or default. No waiver will be effective unless in writing and executed by the Lender and without limitation, no failure to exercise or delay in exercising any right or remedy of the Lender will operate as a waiver of such right or remedy.

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 legal provision and list the applicable contract clause categories. Provision: The invalidity or unenforceability of any provision of this Agreement shall not affect any other provision hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision was omitted. Furthermore, in lieu of such illegal, invalid, or unenforceable provision there shall automatically be added as a part of this Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.

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: of course, insufficient to create an Article III case or controversy where none exists on the merits of the underlying claim” (citing Diamond v. Charles, 476 U.S. 54, 70-71, 106 S.Ct. 1697, 90 L.Ed.2d 48 (1986))); Swan v. Derwinski, 1 Vet.App. 20, 22-23 (1990) (appellant must have standing to pursue appeal); Mokal v. Derwinski, 1 Vet.App. 12, 13 (1990) (Court adopted jurisdictional restrictions of Article III ease- or-controversy rubric). Although Mrs. Padgett is without standing to seek an EAJA award in her own capacity because she has been substituted for her husband for the purposes of this EAJA application, the Court will continue its inquiry into whether she is entitled to EAJA fees and expenses on his behalf as the personal representative of his estate. See Cohen, 8 Vet.App. at 7 (<HOLDING>). C. Substantial Justification Because Mrs. Options: A. holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees B. holding that payment of eaja fees directly to the attorney also is consistent with the broad purpose for enacting the eaja if the commissioners narrow position was adopted there would be a substantial risk that counsel for a successful plaintiff might not be paid which would have a chilling effect on the willingness of attorneys to represent indigent claimants in social security cases thus thwarting the primary purpose the eaja was enacted C. holding that a cause of action based on eaja will be deemed to have survived the death of the aggrieved party and the personal representative of the deceased partys estate or any other appropriate person may be substituted as the prevailing party to whom payment of an eaja award may be made D. holding that a remand due to an intervening court decision did not render the appellant a prevailing party for eaja purposes E. holding that incurred within the meaning of the eaja requires an express or implied arrangement that the fee will be paid over to a legal representative

assistant: The best answer is C. holding that a cause of action based on eaja will be deemed to have survived the death of the aggrieved party and the personal representative of the deceased partys estate or any other appropriate person may be substituted as the prevailing party to whom payment of an eaja award may be made
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: Leber also represented that “the total value of the gamefowl industry to the economy of the United States is a staggering total of $2 billion to $6 billion annually.” Id. at 60. Further, when asked by Representative Hank Johnson of Georgia whether the “principal purpose” of the gamefowl breeding industry is “to produce fighting cocks,” Mr. Leber replied: “That may be the majority use.” Id. at 95. In view of the above congressional findings, statements of individual members of Congress, and other information presented to Congress, we conclude that animal fighting, at least within Congress’ definition of the term “animal fighting venture” in 7 U.S.C. § 2156(g)(1), involves a “quintessentially economic” activity. See Gonzales v. Raich, 545 U.S. 1, 25, 125 S.Ct. 2195, 162 L.Ed.2d 1 (2005) (<HOLDING>). And, in contrast to the statute invalidated Options: A. holding that congress may regulate purely local intrastate activities if they are part of an economic class of activities that have a substantial effect on interstate commerce B. holding that unlike the activities at issue in lopez and morrison the activities regulated by the controlled substances act are quintessentially economic C. holding that an applicant may establish eligibility for asylum based exclusively on activities undertaken after his arrival in the united states so long as he demonstrates that authorities in his country are aware of his activities or likely to become aware of his activities D. recognizing that discrepancy regarding political activities went to the heart of petitioners claims where those activities formed the basis of the persecution claim E. holding that venue was proper in kansas because both of the defendants conducted many of their activities with the plaintiff through the mail despite that fact that the defendants activities may have been more substantial in california

assistant: The best answer is B. holding that unlike the activities at issue in lopez and morrison the activities regulated by the controlled substances act are quintessentially economic
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 terminated at any time prior to the Closing (a) by the mutual written consent of Buyer and Seller or (b) by either Buyer or Seller if (i) a breach of any provision of this Agreement has been committed by the other Party and such breach has not been cured within 30 days following receipt by the breaching Party of written notice of such breach, or (ii) the Closing does not occur by October 31, 2016. Upon termination, all further obligations of the Parties under this Agreement shall terminate without liability of any Party to the other Parties to this Agreement, except that no such termination shall relieve any Party from liability for any fraud or willful breach of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Plaintiff did not meet the notice requirements of the CFRA and the FMLA. Plaintiff did not notify Defendant in advance that Plaintiff would be absent from March 31, 2014 through April 3, 2014. Alejandro Depo., Vol. II at 338:2-339:1, 339:9-340:8; Alejandro Depo., Exhs. Vol. II. Additionally, Plaintiff did not call in sick or ask someone to call Defendant on his behalf on any of those four days of absence, even though Plaintiff made 26 phone calls to individuals or entities other than McCale or Defendant. Alejandro Depo., Vol. II at 338:2-339:1, 339:9-340:8; Alejandro Depo,, Exhs. Vol. II. Thus, unlike in Avila, upon which Plaintiff relies, Plaintiff did not call in sick during his absence from March 31, 2014 through April 3,2014. See Avila, 165 Cal.App.4th at 1258, 82 Cal.Rptr.3d 440 (<HOLDING>). Moreover, two weeks prior to Plaintiffs Options: A. holding that an issue is genuine if the evidence is sufficient to allow a reasonable jury to return a verdict for the nonmoving party B. holding that absence from prior state was temporary during the time it was contemplated that the parent and child would return to the other state C. holding that spouse was not required to return to work immediately upon divorce to avoid judicial imputation of income D. holding that calling in sick during an absence and providing hospital forms describing the illness upon return to work is sufficient notice E. holding a judgment in the absence of notice violates due process rights

assistant: The best answer is D. holding that calling in sick during an absence and providing hospital forms describing the illness upon return to work is sufficient notice
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: to Appeal the Reversal of Their Decisions? Pa. Bar Quarterly, Oct. 2000 at 141. In general, a quasi-judicial body lacks stand ing to appeal a reversal of its decision. See New Plan Realty Trust v. Philadelphia Tax Review Board, 675 A.2d 802 (Pa.Cmwlth.1996). However, the present board, which is a tax assessment appeal board of an eighth class county composed of the three county commissioners pursuant to Section 301 of the Fourth to Eighth Class County Assessment Law, Act of May 21, 1943, P.L. 571, as amended, 72 P.S. § 5453.301, is statutorily authorized, under Section 705 of the Law, as amended, 72 P.S. § 5453.705, to appeal from an order of common pleas affecting the assessment. Cf. Upper Tulpehocken Township v. Berks County Bd. of Assessment Appeals, 842 A.2d 1041 (Pa.Cmwlth.2004) (<HOLDING>). DISSENTING OPINION BY Judge McGINLEY. I Options: A. recognizing that third class county assessment law establishes standing of board to appeal B. holding that members of the board of trustees of an elementary school had standing to challenge the actions of the county board of education because they suffered an actual injury when the county board nullified their unanimous vote to reject a candidate for principal of the elementary school C. holding that the filing of a class action by a class representative without standing tolls the period of limitations with regard to all asserted members of the class and that the amendment of the complaint by the addition of a class member with standing relates back to the original complaint D. holding that a county liquor license board had no standing to appeal the reversal of its decision E. holding before the apa definition of person was amended to include county that the board of county commission ers of dolores county could not sue the state agency that had ordered reappraisals of real property in dolores county in connection with valuation for ad valorem taxation because the board of county commissioners was not a person under the apa and did not otherwise have authority to sue under statute or constitution

assistant: The best answer is A. recognizing that third class county assessment law establishes standing of board to appeal
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 covenants, representations and warranties made in this Agreement continue in full force until this Agreement has terminated pursuant to its terms and all Obligations (other than inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of this Agreement) have been satisfied. The obligation of Borrower in Section 13.2 to indemnify each Lender and Agent shall survive until the statute of limitations with respect to such claim or cause of action shall have run. All powers of attorney and appointments of Agent or any Lender as Borrower’s attorney in fact hereunder, and all of Agent’s and Lenders’ rights and powers in respect thereof, are coupled with an interest, are irrevocable until all Obligations (other than inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of this Agreement) have been fully repaid and performed and Agent’s and the Lenders’ obligation to provide Credit Extensions terminates.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No term or condition of this Agreement shall be deemed to have been waived except by written instrument of the party charged with such waiver. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived.

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 legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything to the contrary herein, the Company shall withhold from all severance benefits payable hereunder the sum of federal, state and local taxes and other amounts which the Company is required by law or believes appropriate to withhold.

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: To the best of its knowledge, FTI has complied with all applicable statutes and regulations, except to the extent that noncompliance would not materially and adversely affect the business, operations, properties, assets, or condition of FTI or except to the extent that noncompliance would not result in the occurrence of any material liability for FTI. This compliance includes, but is not limited to, the filing of all reports to date with relevant authorities.

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: No waiver by any party hereto of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. Except as specifically set forth in this Agreement, no failure by a party hereto to exercise, or delay in exercising, any right, remedy, power or privilege hereunder shall operate or be construed as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

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 legal provision and list the applicable contract clause categories. Provision: Use the proceeds of any Credit Extension, whether directly or indirectly, and whether immediately, incidentally or ultimately, to purchase or carry margin stock (within the meaning of Regulation U) or to extend credit to others for the purpose of purchasing or carrying margin stock or to refund indebtedness originally incurred for such purpose.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement is conclusively determined by a final judgment not subject to appeal to be prohibited or unenforceable in any jurisdiction, such provision shall be ineffective to the extent of such prohibition or unenforceability without affecting, impairing or invalidating the remaining provisions hereof or the enforceability thereof in such jurisdiction or the validity or enforceability of any provision hereof 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 legal provision and list the applicable contract clause categories. Provision: The Borrower acknowledges that in the event the Borrower or any of its Subsidiaries fails to perform, observe or discharge any of their respective obligations or liabilities under this Agreement or any other Loan Document, any remedy of law may prove to be inadequate relief to the Administrative Agent, the Arranger and the other Lenders; therefore, the Borrower agrees that the Administrative Agent, the Arranger and the other Lenders shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: On the date hereof, on the terms and conditions set forth herein, the Lender created Participation A-1 and Participation A-2, will retain Participation A-1 and sell Participation A-2 to Initial A-2 Holder. On the date hereof, Initial A-2 Holder shall pay for Participation A-2 by wire transfer to Lender of immediately available funds in an amount equal to the A-2 Purchase Price (which purchase shall be deemed effective only upon the Lender’s receipt of such funds). Upon payment of the A-2 Purchase Price, Lender shall deliver (if it has not previously delivered) the A-2 Participation Certificate to the Initial A-2 Holder. Thereafter, each Holder shall be deemed the owner of its respective Participation. No Holder shall transfer its Participation, or any portion thereof, other than in accordance with Article VIII hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: § 10 (same); Nev. Const, art. 15, § 10 (same); Okla. Const, art. VI, § 13 (same); Pa Const, art. IV, § 8 (providing various methods of making appointments depending on office involved and time of vacancy); R.I. Const, art. IX, § 5 (same as Indiana); Tenn. Const, art. VII, § 4 (granting legislature power to establish method of filling vacancies); Vt. Const, art. II, § 20 (appointment power limited by constitution and law passed by legislature); Wis. Const, art. XIII § 9 (same). "Several state courts have held that such provisions have the effect of authorizing the legislature to vest itself with the power to make certain administrative appointments, and that no violation of separation of powers inheres in doing so. See, e.g., State ex rel. Rosenstock v. Swift, 11 Nev. 128, 142-43 (1876) (<HOLDING>); Richardson v. Young, 122 Tenn. 471, 125 S.W. Options: A. recognizing authority of legislature to choose officers of municipal corporations B. holding that a corporations principal place of business for determining diversity jurisdiction under 28 usc 1332c1 is the nerve center meaning the corporations headquarters or the place where a corporations officers direct control and coordinate the corporations activities C. recognizing the ability of corporations to protect property rights in federal court D. recognizing the municipal authority to regulate traffic implies broad authority E. recognizing a cause of action against a corporations directors brought by a creditor for the fraudulent misrepresentation of the corporations financial condition

assistant: The best answer is A. recognizing authority of legislature to choose officers of municipal corporations
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: favor of the Board. W.R. Huff Asset Mgmt. Co., LLC v. Deloitte & Touche LLP, 549 F.3d 100, 106 (2d Cir.2008) (internal quotation marks and citation omitted). In the complaint, the Board describes damages to individual unit owners but is silent on how the Board itself was injured. Under the ILSA cause of action, the Board seeks rescission, refunds, costs for “each purchaser for whom this action is brought,” and injunctive relief and damages “for itself and for the purchasers.” Presumably, because injury to the Board is not pled in the complaint, defendants have assumed in their motion that the Board cannot meet its injury-in-fact requirement of standing without invoking associational standing. See generally Sierra Club v. Morton, 405 U.S. 727, 739, 92 S.Ct. 1361, 31 L.Ed.2d 636 (1972) (<HOLDING>). The Court in Hunt v. Washington State Apple Options: A. holding that evidence that defense witnesses were members of the same organization of tax protesters as defendant was properly admitted to show bias B. holding an organization had standing because some of its individual members did C. holding that a nonprofit organization lacked standing under unruh because its civil rights had not been personally violated and it failed to show that any of its members would suffer injury D. holding that an organization whose members were potential targets of future prosecutions had standing to seek injunctive relief E. holding that an organization whose members are injured may represent those members even where the organization itself cannot show injury

assistant: The best answer is E. holding that an organization whose members are injured may represent those members even where the organization itself cannot show injury
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: Delphi Powertrain Systems (or the Company on behalf of Delphi Powertrain Systems) or the Executive may terminate the Agreement Term and the Executive’s employment hereunder at any time for any reason or no reason without any breach of this Agreement by providing the other party with at least six months advance written notice; provided, however, that no advance notice is required for a termination by the Company for Cause (within the meaning of the Executive Severance Plan) and any termination by the Executive for Good Reason (as defined in paragraph 5(d)) shall be subject to notice as described in paragraph 5(d). The date on which the Executive’s employment with Delphi Powertrain Systems and its affiliates is terminated is referred to herein as the “Termination Date”.

assistant: Terminations