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: plaintiffs’ suit should have taken the form of a facial challenge to Act 34, and not an attack upon ORIL’s orders, which it had full authority to promulgate. We believe this argument is based upon a misconstruction of Burford, the subsequent case law, and the case at hand. In Burford, plaintiffs’ challenge centered on the reasonableness of a particular administrative order. Since they did not attack either the authority of the Texas Railroad Commission or its adjudicative methods, the constitutional issue was merely a gloss upon the challenge to the administrative decision, the wisdom of which was truly at the heart of the matter. See Burford, 319 U.S. at 328 n. 24, 63 S.Ct. 1098; see also Ala. Pub. Serv. Comm’n v. S. Ry. Co., 341 U.S. 341, 343, 71 S.Ct. 762, 95 L.Ed. 1002 (1951) (<HOLDING>). That is plainly not the case here. Plaintiffs Options: A. holding that court is bound by prior panels interpretation of supreme court decision B. holding that the supreme courts proper scope of review of a trial courts decision in a trial de novo of an assessment matter is whether the decision of the trial court was clearly erroneous C. holding that abstention was proper when the plaintiffs claim consisted of a challenge to an administrative decision born out of a scheme already held constitutional by the supreme court D. holding that even though petition for allowance of appeal was pending before the pennsylvania supreme court decision remained binding precedent as long as the decision had not been overturned by our supreme court E. holding that the discovery of evidence of crimes in the course of an otherwise proper administrative inspection does not render that search illegal or the administrative scheme suspect

assistant: The best answer is C. holding that abstention was proper when the plaintiffs claim consisted of a challenge to an administrative decision born out of a scheme already held constitutional by the supreme court
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: on the second note. Id., 241 S.E.2d at 4-5. The court held that lack of confirmation of the sale under the first deed did not bar the action for the deficiency on the second note because they were separate transactions involving different properties. Id. 144 Ga.App. at 166, 241 S.E.2d at 5. In contrast, the deeds in the case at bar involve the same two properties. Defendant Yates argues that the fact that the 1986 Deed covers a tract in addition to the Tift County tracts makes this case analogous to those he cites in his brief. The 1986 Deed does cover one additional property, and if that additional property were still security for the 1986 Note, then the SBA would be free to foreclose on that property. See Salter v. Bank of Commerce, 189 Ga. 328, 332, 6 S.E.2d 290, 293 (1939) (<HOLDING>). Moreover, if the SBA had foreclosed on this Options: A. holding in the analogous context of choiceoflaw in relation to the sale of personal property that compensation for arranging the sale is assessed apart from underlying sale B. holding chapter 13 plan funded by sale of property was not feasible where the debtor had not stated the time period or terms of the sale and no provision was made for failure to sell the property C. holding that the confirmation statute does not inhibit subsequent sale under power of property other than the property which at a former sale under power had failed to bring the amount of the debt D. holding that where property subject to the irss timely filed lien is sold during a nonjudicial sale and the irs is not given notice of the sale the sale of the property is made subject to and without disturbing the lien E. holding that subsequent to a judicial sale the report of the sale must be made to and ratified by the court before a deed for the property is given by the trustee to the purchaser

assistant: The best answer is C. holding that the confirmation statute does not inhibit subsequent sale under power of property other than the property which at a former sale under power had failed to bring the amount of the debt
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Administrative Agent will promptly notify the Lenders of any termination or reduction of the Aggregate Commitments under this Section 2.06 . Upon any reduction of the Aggregate Commitments, the Commitment of each Lender shall be reduced by such Lender’s Pro Rata Share of such reduction amount. All fees in respect of the Aggregate Commitments accrued until the effective date of any termination of the Aggregate Commitments shall be paid on the effective date of such termination.

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: (a) Subject to the terms and conditions of this Agreement, the Sirius XM Radio Inc. 2009 Long-Term Stock Incentive Plan (the “ Plan ”), and the letter agreement dated November __, 2013 between the Company and the Executive (the “ Letter Agreement ”), the Company hereby grants to the Executive the right and option (this “ Option ”) to purchase up to ______________________ (_________) shares of common stock, par value $0.001 per share, of the Company (the “ Shares ”), at a price per Share of $____ (the “ Exercise Price ”). This Option is not intended to qualify as an Incentive Stock Option for purposes of Section 422 of the Internal Revenue Code of 1986, as amended. In the case of any stock split, stock dividend or like change in the Shares occurring after the date hereof, the number of Shares and the Exercise Price shall be adjusted as set forth in Section 4(b) of the Plan.

assistant: Vesting
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 induce Lenders to enter into this Agreement, Borrower hereby acknowledges and agrees that, as of the date hereof, and after giving effect to the terms hereof, there exists (i) no Default or Event of Default and (ii) no right of offset, defense, counterclaim, claim, or objection in favor of Borrower or arising out of or with respect to any of the Loans or other obligations of Borrower owed to Lenders under the Credit Agreement or any other Loan Document.

assistant: No Defaults
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by assigning DiMeglio to a geographic subset of the very region from which he formerly had derived his zoning assignments; there was no change in his general duties, pay, benefits, or perquisites of office. Because this action is less severe than those adverse actions recognized by the Supreme Court in Rutan, it was not clearly established in December 1990 that Haines’ reassignment of DiMeglio’s job responsibilities rose to the level of a constitutional deprivation. The alleged reprimand that Haines directed at all the zoning inspectors was even more innocuous and certainly not clearly an actionable adverse employment action. Even today, the equivalent of Haines’ action likely would not be sufficiently adverse to implicate the First Amendment. See ACLU of Md., 999 F.2d at 785-86 (<HOLDING>); Dorsett v. Board of Trustees, 940 F.2d 121, Options: A. holding that the burning of an american flag is conduct sufficiently imbued with elements of communication to implicate the first amendment B. holding that ban on unauthorized practice of law did not implicate the first amendment C. holding that withdrawal of aclus paralegals contact visits with inmates even if retaliatory was not sufficiently adverse to the aclu to implicate first amendment right to petition D. holding that mere negligence does not implicate the right to due process E. holding that retaliatory discharge is a clearly established first amendment violation

assistant: The best answer is C. holding that withdrawal of aclus paralegals contact visits with inmates even if retaliatory was not sufficiently adverse to the aclu to implicate first amendment right to petition
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: an aggrieved party with standing to appeal. And insofar as the notice of appeal designates the August 2000 order granting Steinert's motion to dismiss the case, denying Winn's motion to condition dismissal on discovery and an attorney fee award, and stating that Winn "will have ample opportunity to establish entitlement to attorney fees,” Aplt.App. at 414, Gage states that he only challenges the order’s fee component. Interlocutory fee rulings that culminate in the final and appealable fee award are reviewable on appeal from that award. See Am. Soda, LLP v. U.S. Filter Wastewater Group, Inc., 428 F.3d 921, 924 (10th Cir.2005) (observing that an award of attorney fees is final and appealable when reduced to a sum certain); Montgomery v. City of Ardmore, 365 F.3d 926, 934 (10th Cir.2004) (<HOLDING>). 11 . In Miera v. Dairyland Ins. Co., 143 F.3d Options: A. holding that a notice of appeal that specifies the final judgment brings up for review all of the previous rulings and orders that led up to that final judgment B. holding that the final judgment was entered without jurisdiction while a nonfinal appeal was still pending C. recognizing that nonfinal orders may be revised at any time before a final judgment is entered D. holding that even an order that establishes entitlement to a judgment is not final unless it actually enters or renders a judgment or includes specific language of finality necessary for a judgment to be considered final for purposes of an appeal E. recognizing that an appeal from a final judgment permits an attack against any nonfinal order or ruling leading up to it

assistant: The best answer is E. recognizing that an appeal from a final judgment permits an attack against any nonfinal order or ruling leading up to it
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event any change in the number of Retention D Units (or Class A Common Units into which such Retention D Units have converted) shall occur as a result of any unit split (including a reverse unit split) or combination, any unit dividend or distribution (including any dividend or distribution of securities convertible into or exchangeable for such units), reclassification, recapitalization or similar event, then the number of Retention D Units or Class A Common Units, as applicable, and any other items set forth herein that are based on such units (including Cancellable Units, Reallocable Units and COC Incentive Units), shall be equitably adjusted to reflect such change. In the event of any Change of Control or other reorganization, reclassification, merger, consolidation or disposition of assets, the successor or acquiring Person (if applicable) or the applicable parent entity in a Change of Control shall expressly assume the due and punctual observance and performance of each and every covenant and condition of this Agreement to be performed and observed by the General Partners and the Partnerships and all the obligations and liabilities hereunder.

assistant: Adjustments
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 Taxes shall be the financial responsibility of the party obligated to pay such Taxes as determined by applicable law and neither party is or shall be liable at any time for any of the other party’s Taxes incurred in connection with or related to amounts paid under this Agreement. No Tax shall be withheld by the Company on any Net Cash Proceeds payable to the Investors hereunder unless required by law.

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: may assert the rights contained in section 503(b)(9).” Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub.L. No. 109-8, § 1227, 119 Stat. 23, 199-200. Neither party has suggested that section 503(b)(9) has any relevance to this appeal, and we do not specifically address its interaction with section 502(d). 3 . The district court also ruled in the alternative that, if the court of appeals decided the finality issue differently, it would grant ASM leave to file an interlocutory appeal. 4 . For instance, the official form for filing a proof of claim pursuant to section 501 explicitly states “This form should not be used 'to make’ a claim for an administrative expense arising after the commencement of the case. A request for payment of an administrative expense m r.2008) (<HOLDING>). Moreover, it generally will be more Options: A. holding that the bankruptcy code endows the bankruptcy trustee with the exclusive right to sue on behalf of the estate B. holding that it was within the bankruptcy courts equitable powers to award damages in an action for fraud on the court C. holding that if dispute involves funds that are not property of estate it cannot be maintained in the bankruptcy court unless it is related to the bankruptcy proceeding which means it is likely to affect the debtors estate D. holding claimant waived right to jury trial on claims brought against it on behalf of bankruptcy estate when it submitted its proof of claim against the estate and subjected itself to the equitable powers of the bankruptcy court E. holding that the bankruptcy court lacked subject matter jurisdiction over counterclaims asserted by the bankruptcy estate against a creditor where the claim is a state law action independent of the federal bankruptcy law and not necessarily resolvable by a ruling on the creditors proof of claim in the bankruptcy emphasis added

assistant: The best answer is D. holding claimant waived right to jury trial on claims brought against it on behalf of bankruptcy estate when it submitted its proof of claim against the estate and subjected itself to the equitable powers of the bankruptcy court
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: additional or different information in a pesticide’s federally approved label or promotional material” (citing Worm, 5 F.3d at 749)). We agree that a cause of action for breach of an implied warranty stems from the sale of the goods as well as from state regulation, but believe that Congress, by so thoroughly regulating th,e labeling of the products, intended to preempt implied warranty claims. To hold otherwise contravenes Congress’ intent in enacting the legislation, therefore implied warranty claims that relate to labeling are preempted. In light of this, we must consider the second prong of § 136v(b): whether the implied warranty claims at issue relate to the labeling or packaging of a product. See generally Trinity Mountain Seed Co. v. MSD Agvet, 844 F.Supp. 597 (D.Idaho 1994) (<HOLDING>). Implied warranty claims imposed on the sale Options: A. holding fifra preempts no commonlaw claims B. holding fifra preempts implied warranty claims C. holding that fifra preempts state law failure to warn claims D. holding that those state law claims specifically related to labeling and packaging are preempted by fifra E. holding that fifra preempts breach of warranty claims based on labeling

assistant: The best answer is E. holding that fifra preempts breach of warranty claims based on labeling
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 contract entered into by the parties”). Courts have long recognized that “arbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit.” United Steelworkers of America v. Warrior and Gulf Navigation Co., 363 U.S. 574, 582, 80 S.Ct. 1347, 1353, 4 L.Ed.2d 1409 (1960). The Supreme Court, however, has found that “as a matter of federal law, any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration.” Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1, 24-25, 103 S.Ct. 927, 941-42, 74 L.Ed.2d 765 (1983); see Nolde Bros., Inc. v. Local No. 358, Bakery and Confectionery Workers Union, 430 U.S. 243, 254, 97 S.Ct. 1067, 1073, 5 L.Ed.2d 300 (1977) (<HOLDING>); see also AT & T Technologies v. Options: A. recognizing the strong policy favoring dismissal when a court cannot join a tribe because of sovereign immunity B. recognizing strong presumption against interlocutory appeals C. recognizing presumption D. recognizing a presumption of arbitrability when a contract contains an arbitration clause E. recognizing a strong presumption favoring arbitrability

assistant: The best answer is E. recognizing a strong presumption favoring arbitrability
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 392 U.S. 652 88 S.Ct. 2302 20 L.Ed.2d 1357 Antonio Nathaniel WHEATv.WASHINGTON. No. 1301, Misc. Arthur Nathaniel AIKEN v. WASHINGTON. No. 1535, Misc. Supreme Court of the United States October Term, 1967. June 17, 1968 Charles M. Stokes, for petitioner Antonio Nathaniel Wheat. Anthony Savage, Jr., for petitioner Arthur Nathaniel Aiken. James E. Kennedy, for respondent. On Petitions for Writs of Certiorari to the Supreme Court of Washington. PER CURIAM. 1 The motions for leave to proceed in forma pauperis and the petitions for writs of certiorari are granted. The judgments of the Supreme Court of Washington are vacated and the cases remanded to that court for reconsideration in the light of Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476, and Witherspoon v. State of Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776. 2 Mr. Justice BLACK dissents. 3 Mr. Justice HARLAN dissents for the reasons stated in Mr. Justice Black's dissenting opinion in Witherspoon v. State of Illinois, 391 U.S. 510, 532, 88 S.Ct. 1770, 1782, and Mr. Justice White's dissenting opinion in Bruton v. United States, 391 U.S. 123, 138, 88 S.Ct. 1620, 1629. 4 Mr. Justice WHITE dissents for the reasons stated in his dissenting opinions in Witherspoon v. State of Illinois, 391 U.S. 510, 540, 88 S.Ct. 1770, 1786, and Bruton v. United States, 391 U.S. 123, 138, 88 S.Ct. 1620, 1629.

assistant: 1
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each New Lender (a) represents and warrants that (i) it has full power and authority, and has taken all action necessary, to execute and deliver this Amendment and to consummate the transactions contemplated hereby and to become a Lender under the First Amended Credit Agreement, (ii) it satisfies the requirements, if any, specified in the First Amended Credit Agreement that are required to be satisfied by it in order to become a Lender, (iii) from and after the First Amendment Date it shall be bound by the provisions of the First Amended Credit Agreement as a Lender thereunder and, to the extent of its Commitment, shall have the obligations of a Lender thereunder, (iv) it has received a copy of the First Amended Credit Agreement, together with copies of the most recent financial statements delivered pursuant to Article VIII thereof and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment and the First Amended Credit Agreement on the basis of which it has made such analysis and decision independently and without reliance on the Administrative Agent or any other Lender, and (b) agrees that (i) it will, independently and without reliance on the Administrative Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Loan Documents, and (ii) it will perform in accordance with their terms all of the obligations which by the terms of the Loan Documents are required to be performed by it as a Lender.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The performance criteria to be achieved during any Performance Period and the length of the Performance Period shall be determined by the Committee upon the grant of each Performance Award. The amount of the Award to be distributed shall be conclusively determined by the Committee.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Court made several findings that undermine plaintiffs’ general personal jurisdiction arguments with respect to NCB, including that: (1) “[njeither NCB’s office or that of [SNCB] was in existence at the time plaintiffs commenced their actions”; (2) “[p]laintiffs’ contention [that SNCB continued to operate after it was officially closed in early 2001] is, at best, mere speculation, unsupported by the relevant factual circumstances”; (3) “[t]he supporting exhibits submitted by plaintiffs do not demonstrate, nor even give rise to a reasonable inference, that NCB maintained an aviation division or ... derived revenue from aviation-related activities in the United States”; and (4) “[t]he dubious and Wiese Sudameries, No. 03 Civ. 1681(LAP), 2004 WL 2199547, at *7 (S.D.N.Y. Sept. 29, 2004) (<HOLDING>). In these circumstances, we agree with the Options: A. holding that an africanamerican investment advisor who accompanied two clients into a bank could assert a 51 claim alleging discrimination against the bank even though his clients were the actual customers of the bank B. holding that an interactive website allowing clients to bank online was insufficient to confer general jurisdiction over a foreign bank C. holding that a passive website that merely makes information available is insufficient to confer general jurisdiction D. holding interactive website did not create general jurisdiction E. holding that foreign corporate defendants purchases and attendant activity in state were insufficient to confer texas with general jurisdiction

assistant: The best answer is B. holding that an interactive website allowing clients to bank online was insufficient to confer general jurisdiction over a foreign bank
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 any number of counterparts, each of which when so executed and delivered shall be deemed an original but all such counterparts together shall constitute but one and the same instrument. Delivery of an executed counterpart to this Agreement by facsimile transmission or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: contribution limit involving even ‘significant interference’ with associational rights is nevertheless valid if it satisfies the ‘lesser demand’ of being ‘closely drawn’ to match a ‘sufficiently important interest.’ ” McConnell, 540 U.S. at 136, 124 S.Ct. 619 (internal quotation marks omitted) (quoting FEC v. Beaumont, 539 U.S. 146, 162, 123 S.Ct. 2200, 156 L.Ed.2d 179 (2003)). As in Buckley and McConnell, the provisions involved here have only a marginal impact on the ability of contributors to engage in effective political speech. As such, they are not subject to strict scrutiny, but to the lesser standard of intermediate scrutiny applied in Buckley and McConnell. See Ohio Right to Life Society, Inc. v. Ohio Elections Comm’n, No. 2:08-CV-492, 2008 WL 4186312 (S.D.Ohio Sept. 5, 2008) (<HOLDING>). Under the intermediate scrutiny standard, Options: A. holding that appropriate standard of review regarding campaign finance disclosure laws is intermediate not strict scrutiny B. holding that the appropriate standard of review is abuse of discretion C. holding that strict scrutiny applies D. recognizing that strict scrutiny applies to facial discrimination against a suspect class E. holding that strict scrutiny is the appropriate standard of review for racial classifications even in the prison context

assistant: The best answer is A. holding that appropriate standard of review regarding campaign finance disclosure laws is intermediate not strict scrutiny
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 indemnities set forth herein including, without limitation, in Sections 2.09, 2.10, 2.11, 4.04, 14.01 and 14.05 shall, subject to Section 14.13 (to the extent applicable), survive the execution, delivery and termination of this Agreement and the making and repayment of the Loans.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: and you irrevocably grant the company perpetual and unlimited permission to reproduce , distribute , create derivative works of , modify , publicly perform ( including on a through-to-the-audience basis ) , communicate to the public , make available , publicly display , and otherwise use and exploit the feedback and derivatives thereof for any purpose and without restriction , free of charge and without attribution of any kind , including by making , using , selling , offering for sale , importing , and promoting commercial products and services that incorporate or embody feedback , whether in whole or in part , and whether as provided or as modified .

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: By execution hereof, the Borrower and Guarantors certify that the Borrower and Guarantors are and will be in compliance with all covenants under the Loan Documents after the execution and delivery of this Amendment, and that no Default or Event of Default has occurred and is continuing.

assistant: No Defaults
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: which began to run on the date the cause of action accrued, not on the date of discovery.” Karl Storz Endoscopy-America, Inc. v. Surgical Tech., Inc., 285 F.3d 848, 857 (9th Cir.2002) (citing Cal. Bus. & Prof.Code § 17208). Similarly, under the CLRA, the limitations period begins to run on the date the improper consumer practice was committed. Cal. Civ.Code § 1783. The discovery rule tolls the statute of limitations for CLRA claims, however. See Yumul v. Smart Balance, Inc., 733 F.Supp.2d 1134, 1141 (C.D.Cal.2010); Keilholtz v. Lennox Hearth Products Inc., No. C 08-00836 CW, 2009 WL 2905960, *3 (N.D.Cal. Sept. 8, 2009). Florida applies the more straightforward rule that the cause of action accrues on the date of sale. See S. Motor Co. v. Doktorczyk, 957 So.2d 1215, 1218 (Fla. App.2007) (<HOLDING>). New York’s consumer fraud law applies the Options: A. holding that the cause of action accrued on the date of sale B. holding that the plaintiffs cause of action accrued on the date of the repealer statute not on the date the wrong occurred despite the federal courts ruling as to the statutes unconstitutionality C. holding that the payments accrued D. holding that a plaintiffs 1983 claim accrued on the date of the alleged illegal search and seizure E. recognizing the cause of action

assistant: The best answer is A. holding that the cause of action accrued on the date of sale
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 parties agree that irreparable damage would occur and that the parties would not have any adequate remedy at law in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms, provisions and covenants contained herein in any court set forth in Section 12.12 , this being in addition to any other remedy to which they are entitled at law or in equity. Each party agrees that it will not oppose the granting of an injunction, specific performance and other equitable relief on the basis that: (a) the other party (or parties) has (or have) an adequate remedy at law; or (b) an award of specific performance is not an appropriate remedy for any reason at law or equity. Each party hereby waives any requirement under any Law to post security or a bond as a condition to obtaining equitable relief.

assistant: Specific Performance
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: Item 6.24 (“ Accounts ”) of the Disclosure Schedule (as updated from time to time pursuant to the terms hereof) identifies all InvestLine Accounts and deposit, securities and commodities accounts and subaccounts in the name of any Loan Party or any Shell Subsidiary of any Loan Party, including, for each such account or subaccount, the name on the account or subaccount, the account or subaccount number, the type of account or subaccount, the name and address of the financial institution at which the account or subaccount is located, and the sources and uses of funds contained in or credited to such account or subaccount. Except as identified in Item 6.24 (“ Accounts ”) of the Disclosure Schedule (as updated from time to time pursuant to the terms hereof), each Loan Party and each Subsidiary of any Loan Party has and will pay its own liabilities and expenses out of its own funds drawn on its own InvestLine Account or bank account or subaccounts.

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: All of the Borrower’s obligations, and any corresponding Lenders’ obligations, under this Article III shall survive termination of the Aggregate Commitments, the repayment of all other Obligations hereunder, the resignation or replacement of the Administrative Agent, and any assignment of rights by, or the replacement of, a Lender.

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: that lottery winnings are marital property and should be divided equally in a divorce action when both spouses made equal contributions to the marriage even though the winning ticket was acquired solely by husbands' effort); Ullah v. Ullah, 55 N.Y.S. 2d 834, 835 (N.Y. App. Div. 1990), (held that a lottery jackpot won during marriage is marital property and that equal division is appropriate since the jackpot was won as a result of fortuitous circumstances and not the result of either spouse's toil or labor); Giedinghagen v. Giedinghagen, 712 S. W. 2d 711 (Mo. Ct. App. 1986) (held that marital property encompasses any property including lottery winnings, acquired up to the date of a decree of legal separation or dissolution); See also Dyer v. Dyer, 536 A.2d 453 (Pa. Super. Ct. 1988) (<HOLDING>) In the case at bar, the defendant bought the Options: A. holding that the trial court had not abused its discretion in determining that a husbands lottery winnings obtained after a fourteen year separation but before divorce were his sole property because the winnings were not acquired during marriage and had no impact on the standard of living of the marital union B. holding that assets acquired subsequent to separation are not considered marital property absent evidence that spouse used marital property to obtain them C. holding that trial court had jurisdiction to consider custody dispute before a divorce or separation action had commenced D. holding that money invested in voluntary investment plan during marriage was marital property because it was property acquired during marriage E. holding that the trial court had authority to enforce a marital property settlement agreement that had not been incorporated into the parties final divorce decree

assistant: The best answer is A. holding that the trial court had not abused its discretion in determining that a husbands lottery winnings obtained after a fourteen year separation but before divorce were his sole property because the winnings were not acquired during marriage and had no impact on the standard of living of the marital union
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement shall be severable in the event that any of the provisions hereof (including any portion thereof) are held by a court of competent jurisdiction to be invalid, illegal, void or otherwise unenforceable, and the remaining provisions shall remain enforceable to the fullest extent permitted by law. Upon any such determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the offense involved more drugs than the parties agreed to in the plea agreement. In the plea agreement, the government stipulated that the crime involved at least 5 but not more than 15 kilograms of cocaine. In its sentencing memorandum, however, the government stated that this amount was just “ ‘the tip of the iceberg’ of Torres’ drug trafficking.” The government then argued that Torres was responsible for a larger amount of drugs. At the sentencing hearing, the government again stated that the stipulated amount was the “tip of the iceberg.” We conclude there was no breach of the plea agreement because the government did not use evidence of larger drug quantities to recommend an increase in the Guidelines calculations or a harsher sentence. See Franco-Lopez, 312 F.3d at 992-93 (<HOLDING>). In fact, the government specifically asked Options: A. holding that arithmetical error that resulted in an increase to a defendants base offense level pursuant to the sentencing guidelines affected his substantial rights even though the resulting sentence was within the range for the correct offense level B. holding that the sentencing courts conclusion that there was simply no way to avoid the base offense level did not indicate mandatory application of the guidelines C. holding that a reduction for minor role in an offense cannot be awarded when the larger offense was not taken into account in setting the base level D. holding government did not breach plea agreement where government provided information to probation department that would support higher base offense level and aggravated role but encouraged court not to consider such information and to calculate base offense level consistent with plea agreement E. holding that resentencing was required where the district court used an incorrect higher base level

assistant: The best answer is D. holding government did not breach plea agreement where government provided information to probation department that would support higher base offense level and aggravated role but encouraged court not to consider such information and to calculate base offense level consistent with plea agreement
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: Practice and Procedure § 1261 (1969)). Accordingly, matters admitted in a defendant’s answer require “neither proof nor finding[.]” Fontes v. Porter, 156 F.2d 956, 957 (9th Cir.1946). Moreover, under rule 8(d), the effect of a failure to deny facts alleged in the complaint is to admit them. See Citizens Concerned for Separation of Church and State v. City and County of Denver, 628 F.2d 1289, 1293 (10th Cir.1980)(observing that failure to deny even jurisdictional facts in answer is to admit them); Meschino v. N. Am. Drager, Inc., 841 F.2d 429, 435-36 (1st Cir.1988)(finding that corporation’s admission in its answer that it sold machine to hospital precluded plaintiff from having to prove that corporation sold machine); Hall v. Aetna Cas. & Sur. Co., 617 F.2d 1108, 1111 (5th Cir.1980)(<HOLDING>); In re BWL, Inc., 123 B.R. 675, 682 Options: A. holding that policy limits are not a defense to coverage and that policy limits define the amount of coverage B. holding that the plaintiffs asserted legal basis for coverage is irrelevant to the determination of whether the insurance policy provides coverage and instead looking to the facts underlying the claim for coverage C. holding that a california commonlaw requirement that insurers show prejudice before they may deny coverage because of late notice regulated insurance and was saved from preemption the insurance company that issued a group disability policy as an insured employee benefit plan could not rely on the notice provisions to deny coverage unless there was prejudice D. holding that insurers failure to deny existence of insurance coverage under policy at issue was to admit that coverage existed E. holding that new yorks public policy does not bar insurance coverage for disparate impact employment discrimination but noting that the state of new york insurance department has stated that it is against public policy to provide insurance coverage for intentional acts of discrimination

assistant: The best answer is D. holding that insurers failure to deny existence of insurance coverage under policy at issue was to admit that coverage existed
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 Knowledge of the Stockholder all factual information (taken as a whole) heretofore or contemporaneously requested by Parent or Buyer (or their financial advisor) and furnished to Parent or Buyer by or on behalf of Stockholder and the Company or their representatives for purposes of or in connection with this Agreement or the transactions contemplated herein was materially true and accurate on the date as of which such information is dated and the Stockholder does not believe such factual information is materially incomplete in any respect. By way of example, and not as a limitation, Stockholder has no reason to believe the information contained in the MDA Report is not true and correct in all material respects.

assistant: Disclosures
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 the Agreement is or becomes or is deemed to be invalid, illegal or unenforceable in any jurisdiction or would disqualify the Agreement under any law, such provision shall be construed or deemed amended to conform to applicable laws, or if such provision cannot be so construed or deemed amended without materially altering the purpose or intent of the Agreement, the provision shall be stricken, and the remainder of the Agreement shall remain in full force and effect.

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 Company shall reimburse the Employee for all normal, usual and necessary expenses incurred by the Employee in furtherance of the business and affairs of the Company, including reasonable travel and entertainment, upon timely receipt by the Company of appropriate vouchers or other proof of the Employee’s expenditures and otherwise in accordance with any expense reimbursement policy as may from time to time be adopted by the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and its Subsidiaries are entities duly organized and validly existing under the laws of the jurisdiction in which they are formed, and have the requisite power and authorization to own their properties and to carry on their business as now being conducted. Each of the Company and its Subsidiary is duly qualified as a foreign entity to do business and is in good standing in every jurisdiction in which its ownership of property or the nature of the business conducted by it makes such qualification necessary, except to the extent that the failure to be so qualified or be in good standing would not have a Material Adverse Effect.

assistant: Organizations
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 of any provision of this Agreement shall be effective unless made in a writing signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

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: Each of the parties irrevocably agrees that any legal action or proceeding arising out of or relating to this Agreement or for recognition and enforcement of any judgment in respect hereof brought by any other party or its successors or assigns may be brought and determined by the Court of Chancery of the State of Delaware, and each of the parties hereby irrevocably submits to the exclusive jurisdiction of the aforesaid court for itself and with respect to its property, generally and unconditionally, with regard to any such action or proceeding arising out of or relating to this Agreement and the transactions contemplated hereby (and agrees not to commence any action, suit or proceeding relating thereto except in such courts). Each of the parties further agrees to accept service of process in any manner permitted by such court. Each of the parties hereby irrevocably and unconditionally waives, and agrees not to assert, by way of motion or as a defense, counterclaim or otherwise, in any action or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby, (a) any claim that it is not personally subject to the jurisdiction of the above-named courts for any reason other than the failure lawfully to serve process, (b) that it or its property is exempt or immune from jurisdiction of any such court or from any legal process commenced in such court (whether through service of notice, attachment prior to judgment, attachment in aid of execution of judgment, execution of judgment or otherwise) and (c) to the fullest extent permitted by Law, that (i) the suit, action or proceeding in any such court is brought in an inconvenient forum, (ii) the venue of such suit, action or proceeding is improper or (iii) this Agreement, or the subject matter hereof, may not be enforced in or by such courts.

assistant: Submission To Jurisdiction