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 legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by each Loan Party of this Third Amendment, and the performance of the Loan Agreement, as amended hereby, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any of its Organizational Documents or any Applicable Law in any material respect or any material Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any permit, license, authorization or approval applicable to its operations or any of its properties.

assistant: Authorizations
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: commercial emails from those accounts. Depending on the co 105 S.Ct. 2084, 85 L.Ed.2d 434 (1985) (interpreting Yermian as holding that requiring government to prove defendant knowingly and willingly made a false statement satisfied the “evil-meaning mind” requirement with respect to that element of the crime). Although Defendants ask the Court to consider online deception an innocent peccadillo or even a positive good, that is not the view of this statute, which is particularly aimed at deception. Nor is it appropriate for reasons of policy. Deception, even where it is not criminal, is neither innocent nor worthy of any constitutional protection — particularly in the commercial context. See BMW of North America, Inc. v. Gore, 517 U.S. 559, 576, 116 S.Ct. 1589, 134 L.Ed.2d 809 (1996) (<HOLDING>). See also Bates v. State Bar of Arizona, 433 Options: A. recognizing the financial position of the defendant as a factor in assessing a punitive damages award B. holding that conduct must be beyond the fraud which supported compensatory damages to award punitive damages C. holding that trickery or deceit was one factor rendering a civil defendants conduct more reprehensible and supporting an award of punitive damages D. holding a court may not award punitive damages E. holding that evidence of a defendants financial condition is a prerequisite to an award of punitive damages

assistant: The best answer is C. holding that trickery or deceit was one factor rendering a civil defendants conduct more reprehensible and supporting an award of punitive damages
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided herein, the provisions of this Agreement may be amended at any time and from time to time, and particular provisions of this Agreement may be waived, with and only with an agreement or consent in writing signed by the Company and the Majority Holders. The Holders acknowledge that by the operation of this Section, the Majority Holders may have the right and power to diminish or eliminate all rights of the other Holders under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As used in this Agreement, the terms set forth in this Article I shall have the following meanings (such meanings to be equally applicable to both (i) the singular and plural and (ii) the active and passive forms of the terms defined).

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 legal provision and list the applicable contract clause categories. Provision: Any notice, consent or approval required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given upon (i) delivery of email on a Business Day between the hours of 9:00 a.m. and 5:00 p.m. local time at the location of the recipient’s mailing address (otherwise, the next following Business Day) (provided that such email contains in all uppercase letters the words “OFFICIAL NOTICE” in the subject line and generates no “out of office receipt” or other message that such delivery was ineffective or delayed), (ii) personal delivery, (iii) confirmed telecopy delivery on a Business Day between the hours of 9:00 a.m. and 5:00 p.m. local time at the location of the Property (otherwise, the next following Business Day), (iv) one (1) Business Day after being deposited with Federal Express, DHL Worldwide Express or another reliable overnight courier service prior to the specified delivery deadline for next-day service, specifying an address to which such courier makes overnight deliveries, or (v) two (2) Business Days after being deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, and addressed as indicated below, or such other address as either Party may from time to time specify in writing to the other. A notice, consent or approval sent in the above manner by counsel to a Party (whether or not identified below as a “copy to” recipient) shall constitute effective delivery of such notice, consent or approval and shall be binding on such Party as if sent by such Party.

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: Other than the Lien created by this Agreement and the other Loan Documents, Borrower shall not at any time directly or indirectly create, incur, assume or permit to exist any Lien on or with respect to (a) any of its properties or assets, including, without limitation, the Collateral, or (b) any Equity Interests of the Borrower.

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

user: Receiving Party must not copy, alter, modify, reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of any Confidential Information and must not remove, overprint, deface or change any notice of confidentiality, copyright, trademark, logo, legend or other notices of ownership from any originals or copies of Confidential Information it receives from the Disclosing Party.

assistant: No
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 and other communications provided for hereunder shall be in writing or by facsimile and addressed, delivered or transmitted to the appropriate party at the address or facsimile number of such party specified in the Credit Agreement or at such other address or facsimile number as may be designated by such party in a notice to the other party. Any notice or other communication, if mailed and properly addressed with postage prepaid or if properly addressed and sent by pre-paid courier service, shall be deemed given when received; any such notice or other communication, if transmitted by facsimile, shall be deemed given when transmitted and electronically confirmed.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: professional career, may use connections and influence to obtain a favorable result for the defendant. • The public may also infer that the prosecutor will not jeopardize his or her “law and order” reputation by using vigorous defense tactics. • The public may conclude that a prosecutor’s vigorous defense of an accused will result in decreased support from law enforcement in future cases. A prosecutor who alienates the law enforcement agencies upon which he or she depends, compromises his or her prosecutorial responsibilities. • Regardless of counsel’s diligence, the inherent conflicts of the situation expose counsel to charges that the representation was not entirely faithful. Brown, 853 P.2d at 857-59 (internal citations omitted). Accord State v. White (Tenn. 2003), 114 S.W.3d 469 (<HOLDING>); State v. Ross (Mo. 1992), 829 S.W.2d 948 Options: A. holding that even a potential conflict can justify disqualification B. holding that the defendant was deprived of his sixth amendment right to counsel where appointed counsels representation presented a conflict of interest C. holding the existence of a possible conflict required remand for a determination of whether an actual conflict of interest existed and holding a new trial would be required if an actual conflict existed D. holding that counsels dual roles as prosecutor and defense counsel in the same county were inherently antagonistic and thus created an actual conflict of interest that required disqualification E. holding that defense counsels performance was adversely affected by an actual conflict of interest if a specific and seemingly valid or genuine alternative strategy or tactic was available to defense counsel but it was inherently in conflict with his duties to others

assistant: The best answer is D. holding that counsels dual roles as prosecutor and defense counsel in the same county were inherently antagonistic and thus created an actual conflict of interest that required disqualification
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) Commitment Fee . The Borrower agrees to pay to the Designated Agent, for the account of each Lender (other than a Defaulting Lender for such time as such Lender is a Defaulting Lender), non-refundable commitment fees (the “ Commitment Fees ”) from the date that is 90 days after the Effective Date through and including the date of termination of the Commitments in full, at a rate per annum equal to the Applicable Percentage per annum on the aggregate daily amount of such Lender’s unused Commitments during such period. Commitment Fees accrued through and including each Quarterly Date shall be payable on such Quarterly Date, commencing on the first such date to occur after the Effective Date; provided , that all such accrued and unpaid fees shall be payable on the date on which the Commitments terminate in their entirety or are otherwise reduced to zero.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices required or permitted to be given hereunder shall be in writing and shall be sent by facsimile transmission, or by first class certified mail, postage prepaid, or by overnight courier service, charges prepaid, to the Party to be notified, addressed to such Party at the address set forth below, or sent by facsimile to the fax number set forth below, or such other address(es) or fax number(s) as such Party may have substituted by written notice to the other Parties. The sending of such notice with confirmation of receipt thereof (in the case of facsimile transmission) or receipt of such notice (in the case of delivery by mail or by overnight courier service) shall constitute the giving thereof.

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: Borrower agrees to defend, indemnify and hold harmless Agent, the Issuing Lender and the Lenders (and their respective affiliates, officers, directors, attorneys, agents and employees) from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including attorneys’ fees) or disbursements of any kind or nature whatsoever that may be imposed on, incurred by or asserted against Agent or any Lender in connection with any investigative, administrative or judicial proceeding (whether or not such Lender or Agent shall be designated a party thereto) or any other claim by any Person relating to or arising out of any Loan Document or any actual or proposed use of proceeds of the Loans or any of the Obligations; provided that no Lender nor Agent shall have the right to be indemnified under this Section 10.6 (a) for its own gross negligence or willful misconduct, as determined by a final, non‑appealable judgment of a court of competent jurisdiction, (b) to the extent arising from a material breach of its obligations hereunder, as determined by a final, non‑appealable judgment of a court of competent jurisdiction, or (c) as a result of a dispute among Lenders solely against each other, other than (i) claims against any Lead Arranger or Agent, in each case in its capacity as such, and (ii) arising from an act or omission of any Credit Party. All obligations provided for in this Section 10.6 shall survive any termination of this Agreement. Notwithstanding the foregoing, the obligations provided for in this Section 10.6 shall not apply with respect to any Taxes that are Indemnified Taxes or Excluded Taxes.

assistant: Indemnifications
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, for all purposes, shall be construed in accordance with the laws of the State of Ohio without regard to conflicts of law principles. Except to obtain equitable relief, any action or proceeding by either of the parties to enforce this Agreement shall be brought only in a state or federal court located in Cuyahoga County, Ohio. The parties hereby irrevocably submit to the exclusive jurisdiction of such courts and waive the defense of inconvenient forum to the maintenance of any such action or proceeding in such venue.

assistant: Venues
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 specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Borrower and the Lender and shall not be construed against any person as the drafter hereof.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: contains software viruses or any other computer codes , files , worms , logic bombs or programs that are designed or intended to disrupt , disable , damage , limit or interfere with the proper function of any software , hardware , or telecommunications equipment or to damage or obtain unauthorized access to any system , data , password or other information of vivino or any third party ;

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: This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. This Agreement shall become binding when one or more counterparts hereof, individually or taken together, shall bear the signatures of all of the parties reflected hereon as the signatories. Delivery of an executed counterpart of this Agreement electronically or by facsimile shall be effective as delivery of an original executed counterpart of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: supplemental jurisdiction over the Plaintiffs’ state-law claims and will remand those claims to state court. I. YOUNG CANNOT PLAUSIBLY ALLEGE A § 1983 CLAIM AGAINST THE APD. The Tenth Circuit has stated that “police departments ... are not suable entities under § 1983, because they lack legal identifies apart from the municipality.” Ketchum v. Albuquerque Police Dep’t, No. CIV 91-2200, 1992 WL 51481, at *2 (10th Cir. Mar. 12, 1992) (unpublished). See Henry v. Albuquerque Police Dep’t, 49 Fed.Appx. 272, 274 n. 1 (10th Cir.2002) (unpublished)(“The district court properly relied on an unpublished decision from this court holding that the Albuquerque Police Department lacks a legal identity apart from the City of Albuquerque.”); Martinez v. Winner, 771 F.2d 424, 444 (10th Cir.1985) (<HOLDING>). Accordingly, the United States District Court Options: A. holding that a police department is not a person within the meaning of section 1983 B. holding that a city manager was the final policymaker for purposes of section 1983 liability because of provisions in the norfolk city code requiring that all orders rules and regulations applicable to the entire police department must be approved by the city manager other than some police standard operating procedures C. holding that the city of denver police department is not a suable entity D. holding that state and its officers sued in their official capacity for damages are not persons suable under 1983 E. holding that the pittsburgh police department did not illegally terminate an officers hla benefits and that the police department was entitled to a subrogation interest against the officers thirdparty settlement

assistant: The best answer is C. holding that the city of denver police department is not a suable entity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the court no longer has jurisdiction, and the untried indictment, information, warrant, or complaint has no further force or effect. In that case, the court upon request of the prisoner or his counsel shall enter an order dismissing the untried indictment without prejudice. Md.Code (1957, 1996 Rep. Vol.), Art. 27, § 616S(e) (emphasis added). Therefore, in 2001, when Section 6-218(b)(2) was recodified, the General Assembly clearly knew the distinction between with and without prejudice and could have drawn that distinction in the statutory language at issue in this case. When faced with circumstances where the Legislature was familiar with certain language and did not entertain it, we look to the purpose of the statute. See State v. Thompson, 332 Md. 1,19, 629 A.2d 731, 740-41 (1993) (<HOLDING>). As we stated earlier, the purpose for Options: A. holding that based on the statutes purpose and its legislative history the legislature would have included specific language regarding drug rehabilitation if it had meant to include it B. holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category C. holding that even where there are contrary indications in the statutes legislative history we do not resort to legislative history to cloud a statutory text that is clear D. holding that the court assumes the legislature acquiesced in our interpretation of the language because the legislature had not amended the language E. recognizing that the courts will reject that meaning when to accept it would lead to a result so plainly absurd that it could not possibly have been intended by the legislature or would defeat the plain legislative intention

assistant: The best answer is A. holding that based on the statutes purpose and its legislative history the legislature would have included specific language regarding drug rehabilitation if it had meant to include it
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and bit of information contained therein. On this record, we decline to do so. . Section 90.803(18)(b) defines an adoptive ádmission as “[a] statement that is offered against a party ... of which the party has manifested an adoption or belief in its truth.” Alternatively stated: [W]hen an adverse party manifests a belief in or adopts the statement of another person as his or her own, the statement is treated- as an adoptive admission under section 90.803(18)(b). An adoptive admission occurs either when there is a direct expression by the adverse party assenting to the statement of another or when the conduct of the adverse party circumstantially indicates the party’s assent to the truth of the statement. Jones, 127 So.3d at 624 (emphases added) (internal quotes and citations omitted) (<HOLDING>); see Twilegar v. State, 42 So.3d 177, 198 Options: A. recognizing validity of retroactive license that memorialized grant of oral license B. holding that the suspension or revocation of a drivers license is not a sanction which once imposed precludes the application of criminal sanctions C. holding that age disclosed on a drivers license constituted an admission where the party swore to the truth of the statements made in the license application D. holding governments repudiation of license gave patentee right to terminate license E. holding that possession of a drivers license is irrelevant to the offense of failing to present a license which is completed by failing to present the license when requested to do so by an officer

assistant: The best answer is C. holding that age disclosed on a drivers license constituted an admission where the party swore to the truth of the statements made in the license application
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the Disclosure Schedule and Exhibits hereto constitute the entire agreement between the parties hereto with respect to the subject matter hereof and may not be modified or amended in any manner other than by supplemental written agreement executed by the parties hereto. Neither party, in entering into this Agreement, has relied upon any representation, warranty, covenant, condition or other term that is not set forth in this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Parties shall bear its own costs and expenses in connection with this Agreement and the transactions contemplated hereby, including all legal, accounting, financial advisory, consulting and all other fees and expenses of third parties, whether or not the Acquisition is consummated.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: violated Herring’s right to privacy by disclosing information regarding his HIV status to his sister and his employer. Our threshold question, therefore, is whether there is a constitutional right to privacy that protects information concerning a person’s health from being disclosed to others by government officials. Keenan contends that there is no clear right to privacy in the non-disclosure of such personal information because the Supreme Court has never directly held that such a right exists. This circuit, however, has repeatedly interpreted the Supreme Court’s decision in Whalen v. Roe, 429 U.S. 589, 97 S.Ct. 869, 51 L.Ed.2d 64 (1977), as creating a right to privacy in the non-disclosure of personal information. See e.g., Slayton v. Willingham, 726 F.2d 631, 635 (10th Cir.1984) (<HOLDING>); Mangels v. Pena, 789 F.2d 836, 839 (10th Options: A. holding that the supreme court explicitly recognized the constitutional right to privacy in whalen v roe B. holding that every citizen has a constitutional right of privacy in his or her medical records C. holding right to testify was federal constitutional right D. recognizing a constitutional right of privacy in mental health records E. holding that constitutional right of privacy does not apply to medical records

assistant: The best answer is A. holding that the supreme court explicitly recognized the constitutional right to privacy in whalen v roe
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: being taxed interest”). However, because the trial court erroneously concluded that no post-judgment interest had been incurred, it did not reach the question of whether good cause had been shown to waive post-judgment interest. Therefore, this issue should be determined on remand. [¶ 23] A court’s decision to grant or deny a waiver petition is discretionary. See Carter v. Williams, 2002 ME 50, ¶ 31, 792 A.2d 1093, 1101. A number of facts could support a determination of good cause here. First is the fact that Habrle filed the appeal and thus caused the delay. Although appealing the judgment was an exercise of Habrle’s legal rights, the court could decide that Brown should not be penalized for a delay that she did not control. Cf. Tarbuck, 2000 ME 105, ¶¶ 21, 25, 752 A.2d at 182, 183 (<HOLDING>); Austin, 2000 ME 61, ¶ 10, 748 A.2d at 1000 Options: A. holding that waiver of interest was proper where there had been a long delay in the enforcement action B. holding that a delay in challenging personal jurisdiction may result in waiver C. holding that a tenmonth delay did not bar the motion where there was no demonstration of prejudice and because disqualification is in the public interest where there is an ethical violation D. holding venue proper where proper when the action was commenced E. holding that the trial court committed no error in sustaining objection to plaintiffs testimony that the water had been there for some time because the plaintiff had no personal knowledge of how long the puddle had been there

assistant: The best answer is A. holding that waiver of interest was proper where there had been a long delay in the enforcement action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a post-petition tort can create an administrative claim). The Debtor disputes Google’s entitlement to an administrative claim contending that it did not convert any property of Google, because once Google returned the modules to the Debtor, title in them re-vested in the Debtor under applicable law. Under California’s Uniform Commercial Code (“the UCC”), when a buyer of goods returns or refuses to retain goods for dules, the Debtor argues that its resale of them to other customers could not be a conversion of property of Google. Google contends that the parties’ agreement, rather than the UCC, controls. See Cal. Com. Code § 2719 (allowing parties to modify or limit remedies available under 2401). Cf. U.S. Achievement Acad. v. Pitney Bowes, Inc., 458 F.Supp.2d 389, 402 (E.D.Ky.2006) (<HOLDING>). Google contends that section 7 of the Terms Options: A. holding that party did not waive right to trial by jury by requesting directed verdict B. holding that the party did not waive its right to enforce the arbitration clause C. holding that a party can contractually waive its right to reject or revoke acceptance of goods D. holding that an individual can waive any process to which he or she has a right E. recognizing the right to waive a jury trial

assistant: The best answer is C. holding that a party can contractually waive its right to reject or revoke acceptance of goods
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: separable from it. Whimsicality, Inc. v. Rubie’s Costume Co., 891 F.2d at 455 (observing that garments’ decorative elements are “particularly unlikely to meet [the] test” of conceptual separability.) No different conclusion is warranted by § 101’s definition of a “useful article” as one having an intrinsic utilitarian function “that is not merely to portray the appearance of the article or to convey information.” Although Jovani argues that a decoration on a dress necessarily “portrays the appearance” of the dress and, therefore, is outside the scope of usefulness, we have construed this statutory phrase more narrowly to identify only a small category of items whose sole usefulness resides in their appearance. See Hart v. Dan Chase Taxidermy Supply Co., 86 F.3d 320, 323 (2d Cir.1996) (<HOLDING>); accord Chosun Int’l Inc. v. Chrisha Options: A. recognizing that the court may take judicial notice of its own docket B. holding that lack of standing cannot be waived and may be raised for the first time by an appellate court on its own motion C. holding that taxidermy mannequin for fish skins has function of portraying its own appearance and therefore may be copyrighted D. holding that imposition of punishment is a judicial function E. holding that appellate court may judicially notice its own records

assistant: The best answer is C. holding that taxidermy mannequin for fish skins has function of portraying its own appearance and therefore may be copyrighted
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: Rule 59(a)(5), arguing insufficient damages, and Rule 59(a)(8), contending the verdict was not justified by the evidence. Citing White v. Greater Arizona Bicycling Association, 216 Ariz. 133, 163 P.3d 1083 (App.2007), and Sedillo v. City of Flagstaff, 153 Ariz. 478, 737 P.2d 1377 (App.1987), the trial court determined that the verdict was “internally inconsistent and not responsive” because “the liability finding required an award at least of uncontroverted damages.” But the court denied the motion for a new trial, concluding that the children had waived the issue under Arizona Rule of Civil Procedure 49(c) by not objecting to the inconsistent verdict before the jury was discharged. See Trustmark Ins. Co. v. Bank One, Ariz., NA, 202 Ariz. 535, 543 ¶¶ 38-39, 48 P.3d 485, 493 (App.2002) (<HOLDING>). ¶ 5 The court of appeals affirmed, but on Options: A. holding that a class action judgment awarding money damages will not bind an absent plaintiff without adequate notice B. holding that plaintiff who failed to object under rule 49c had waived argument that new trial was required due to inconsistency of jurys findings for plaintiff without awarding damages in negligence action C. holding that damages were not available to a plaintiff who challenged an ordinance under a due process theory because the plaintiff had not sought a permit and therefore any claim for damages was purely speculative D. holding that a jury cannot award damages for medical expenses and lost wages without also awarding damages for pain and suffering where the plaintiff was injured due to the defendants negligence E. holding argument that charge submitted improper measure of damages was waived by failure to object in trial court

assistant: The best answer is B. holding that plaintiff who failed to object under rule 49c had waived argument that new trial was required due to inconsistency of jurys findings for plaintiff without awarding damages in negligence action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: enumerates the parties entitled to seek relief under § 502(a), which includes participants, beneficiaries, and fiduciaries. 29 U.S.C. § 1132(a). Accordingly, “a federal court has no jurisdiction to hear a civil action under ERISA that is brought by a person who is not a ‘participant, beneficiary, or fiduciary.’ ” Harris v. Provident Life and Acc. Ins. Co., 26 F.3d 930, 933 (9th Cir.1994). In Michigan Affiliated Healthcare System, Inc. v. CC Systems Corporation of Michigan, 139 F.3d 546 (6th Cir.1998), the Sixth Circuit held that § 502 “preempts state claims by ‘participants or beneficiaries’ to enforce certain rights guaranteed by ERISA. Claims by anyone other than a ‘participant or beneficiary,’ however, fall outside the scope of ERISA’s civil enforcement section.” Id. at 550 (<HOLDING>). The determination of whether a person is a Options: A. holding district court should have abstained pursuant to younger and thus remanding to district court to dismiss without prejudice B. holding that rule 11 sanctions imposed by district court remained in effect after case was remanded to state court upon a finding that district court lacked subject matter jurisdiction over the case C. holding that it is axiomatic that remanding a case to state court terminates the jurisdiction of a federal bankruptcy or district court over that case D. holding that a circuit court has no jurisdiction to review a district courts discretionary decision not to depart downward from the guidelines but would have jurisdiction if the district court based its decision on the belief that it did not have the authority to depart E. holding that the district court did not have jurisdiction and remanding the matter to state court

assistant: The best answer is E. holding that the district court did not have jurisdiction and remanding the matter to state 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 legal provision and list the applicable contract clause categories. Provision: Promptly notify Agents in writing of any claim, litigation, suit or administrative proceeding affecting any Loan Party, whether or not the claim is covered by insurance, and of any litigation, suit or administrative proceeding, which in any such case affects the Collateral or which could reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (this “Amendment” or the “Third Amendment”) is entered into this 4 th day of December, 2015, by and between SILICON VALLEY BANK (“Bank”) and ELEVEN BIOTHERAPEUTICS, INC. , a Delaware corporation (“Borrower”).

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you give your approval to uber for it to assign or transfer these terms in whole or in part , including to : ( i ) a subsidiary or affiliate ; ( ii ) an acquirer of uber 's equity , business or assets ; or ( iii ) a successor by merger .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by applying a mistaken standard of review and mischaracterizing Haverda’s rebuttal arguments. This Circuit has held that summary disposition of the causation issue in First Amendment retaliation claims is generally inappropriate. Click v. Copeland, 970 F.2d 106, 113-14 (5th Cir.1992). Courts applying the Mt. Healthy doctrine in summary disposition analyses have held that if a plaintiff brings forth evidence of pretext, the determination whether the employer’s stated reasons are pretextual is a fact issue reserved for the jury. See Click, 970 F.2d at 113-14 (finding that evidence of motivation for adverse employment action, along with plaintiffs evidence supporting a contrary inference, is “fodder for the jury”); Brawner v. City of Richardson, Tex., 855 F.2d 187, 193 (5th Cir.1988) (<HOLDING>). Courts deciding the causation issue by Options: A. holding that an eeoc reasonable cause determination letter did not constitute evidence precluding summary judgment when the other evidence was insufficient to create a genuine issue of material fact B. holding that there was a genuine issue of material fact precluding summary judgment C. holding that there were genuine issues of material fact and reversing the district courts grant of summary judgment because in part the everchanging nature of the proffered reasons given for plaintiffs termination could be viewed as evidence tending to show pretext D. holding that plaintiff failed to show genuine issue of material fact on equitable estoppel claim E. holding after considering the plaintiffs evidence of pretext that the determination whether the plaintiffs speech was the motivating factor in his discharge turns on a genuine issue of material fact

assistant: The best answer is E. holding after considering the plaintiffs evidence of pretext that the determination whether the plaintiffs speech was the motivating factor in his discharge turns on a genuine issue of material fact
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: when none exists.” Thus, it appears that the only documents possessed by defendants relating to this issue were produced in discovery nearly a year ago on August 18, 2003. These invoices state that they are for a “notary fee for witness closing” and list plaintiff and her ex-husband as the customer. This evidence was sufficient to alert plaintiff of the possibility that further evidence might exist in this case pertaining to the Equity 2000 & Associates invoices. It certainly cannot be said that any failure to disclose this evidence on the part of defendants substantially interfered with plaintiffs ability to pursue this line of evidence because plaintiffs counsel apparently chose not to follow up on this evidence promptly thereafter. See, e.g., Woodworker’s Supply, 170 F.3d at 993-94 (<HOLDING>). The evidence reflects, at most, that Options: A. holding that the trial court did not err by granting defendants motion for summary judgment B. holding that plaintiffs did not have standing because they did not sue the party with the clear ability to act C. holding that trial court did not err D. holding the district court did not err in denying the defendants rule 60b3 motion where the defendant had an opportunity to cure any prejudice because the plaintiffs failure to disclose evidence did not interfere with the defendants ability to proceed E. holding that the district court did not err by concluding that the bankruptcy court did not abuse its discretion in denying motion for continuance motion to withdraw and motion for reconsideration and rehearing

assistant: The best answer is D. holding the district court did not err in denying the defendants rule 60b3 motion where the defendant had an opportunity to cure any prejudice because the plaintiffs failure to disclose evidence did not interfere with the defendants ability to proceed
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 Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase, up to an aggregate of 500,000 Shares. Each Purchaser’s Subscription Amount as set forth on the signature page hereto executed by such Purchaser shall be made available for “Delivery Versus Payment” settlement with the Company or its designee. The Company shall deliver to each Purchaser its respective Shares, and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, the Closing shall occur at the offices of Company Counsel or such other location as the parties shall mutually agree. Unless otherwise directed by the Placement Agent, settlement of the Shares shall occur via “Delivery Versus Payment” (“ DVP ”) (i.e., on the Closing Date, the Company shall issue the Shares registered in the Purchasers’ names and addresses and released by the Transfer Agent directly to the account(s) at the Placement Agent identified by each Purchaser; upon receipt of such Shares, the Placement Agent shall promptly electronically deliver such Shares to the applicable Purchaser, and payment therefor shall be made by the Placement Agent (or its clearing firm) by wire transfer to the Company).

assistant: Closings
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 the issuance of a Letter of Credit (or an amendment to a Letter of Credit increasing the amount thereof) and without any further action on the part of the applicable Issuing Bank or the Lenders, such Issuing Bank hereby grants to each Lender, and each Lender hereby acquires from such Issuing Bank, a participation in such Letter of Credit equal to such Lender’s Ratable Share of the Available Amount of such Letter of Credit. Each Borrower hereby agrees to each such participation. In consideration and in furtherance of the foregoing, each Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of such Issuing Bank, such Lender’s Ratable Share of each drawing made under a Letter of Credit funded by such Issuing Bank and not reimbursed by the applicable Borrower on the date made, or of any reimbursement payment required to be refunded to any Borrower for any reason. Each Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of Letters of Credit is absolute and unconditional and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit or the occurrence and continuance of a Default or reduction or termination of the Revolving Credit Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever. Each Lender further acknowledges and agrees that its participation in each Letter of Credit will be automatically adjusted to reflect such Lender’s Ratable Share of the Available Amount of such Letter of Credit at each time such Lender’s Revolving Credit Commitment is amended pursuant to the operation of Sections 2.06(b), (c) or (d), an assignment in accordance with Section 9.06 or otherwise pursuant to this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive acknowledges that the foregoing provisions of this Section 6 are reasonable and necessary for the protection of the Company and its affiliates, and that they will be materially and irrevocably damaged if these provisions are not specifically enforced. Accordingly, Executive agrees that, in addition to any other relief or remedies available to the Company and its affiliates, they shall be entitled to seek an appropriate injunctive or other equitable remedy for the purposes of restraining Executive from any actual or threatened breach of or otherwise enforcing these provisions and no bond or security will be required in connection therewith. If any provision of this Section 6 is deemed invalid or unenforceable, such provision shall be deemed modified and limited to the extent necessary to make it valid and enforceable.

assistant: Modifications
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: Schedules 5, 6, 7 and 8 list all of the patents, patent applications, trademarks, trademark applications, registered copyrights, and domain names owned by any of the Grantor as of the date hereof. Schedule 9 lists all licenses in favor of any Grantor for the use of any patents, trademarks, copyrights and domain names as of the date hereof other than commercial off-the-shelf software. All material patents and trademarks of the Grantors have been duly recorded at the United States Patent and Trademark Office. The Grantors have no material copyrights, whether or not recorded at the United States Copyright Office.

assistant: Intellectual Property