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: If any Event of Default occurs, except where otherwise provided in this Agreement or the Loan Documents, all commitments and obligations of Lender under this Agreement or the Loan Documents or any other agreement will immediately be suspended or terminated (including any obligation to make advances for which Lender will not be obligated to make upon the happening of any event set forth in Section 6.1 regardless of whether or not any required notice was given) at Lender’s option, and/or Lender may, at its option, declare the entire Indebtedness owed to Lender immediately due and payable and may foreclose the Mortgage and any other collateral given as security for the Loan, all without notice of any kind to Borrower, except that in the case of an Event of Default described in Section 6.1.7), such acceleration will be automatic and not optional. Following an Event of Default, Lender will have all remedies available under the Loan Documents and at law or in equity, and all such remedies will be cumulative and not exclusive.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon termination of this Lease pursuant to Paragraph 6.2(g) or Paragraph 9, an equitable adjustment shall be made concerning advance Base Rent and any other advance payments made by Lessee to Lessor, Lessor shall, in addition, return to Lessee so much of Lessee’s Security Deposit as has not been, or is not then required to be, used by Lessor.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (4) arguing that replacement of the epoxy seal of the prior art by an O-ring is not what is being claimed, unless the O-ring is provided between a front cap and a rear insert body. The doctrine of prosecution history estoppel bars a patentee from asserting as an equivalent subject matter surrendered during prosecution of the patent application. See generally Allen Eng’g Corp. v. Bartell Indus., 299 F.3d 1336, 1349-50, 63 USPQ2d 1769, 1776-77 (Fed. Cir.2002). While at least one claim limitation at issue here was amended by the examiner during the prosecution of the patent, Arcom does not allege amendment-based estoppel here. Instead it argues that Eagle is estopped under argument-based estoppel. See Elkay Mfg. Co. v. Ebco Mfg. Co., 192 F.3d 973, 979, 52 USPQ2d 1109, 1113 (Fed.Cir.1999) (<HOLDING>); Southwall Techs., Inc. v. Cardinal IG Co., 54 Options: A. holding that in order for claim to be within scope of coverage of title insurance policy it must be specifically provided for B. holding that claim construction is an issue of law for the court not a question of fact for the jury C. holding that evidence of the scope of a particular claim can be found on review of other claims D. holding that claim construction is a matter of law for the court to determine E. holding that the scope of coverage of the claims may change if a patentee has relinquished a potential claim construction in an amendment to the claim or in an argument to overcome or distinguish a reference

assistant: The best answer is E. holding that the scope of coverage of the claims may change if a patentee has relinquished a potential claim construction in an amendment to the claim or in an argument to overcome or distinguish a reference
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or omissions and plaintiffs economic loss, including allegations of material misrepresentation or omission, followed by the leaking out of relevant or related truth about the fraud that caused a significant part of the depreciation of the stock and plaintiffs economic loss.” Lormand v. U.S. Unwired, Inc., 565 F.3d 228, 258 (5th Cir.2009). The pleading standard is not difficult to satisfy: “Asking for plausible grounds for an element of a claim does not impose a probability requirement at the pleading stage; it simply calls for enough facts to raise a reasonable expectation that discovery will reveal evidence of that element.” Id. at 267, quoting Twombly, 550 U.S. at 545, 127 S.Ct. 1955. Furthermore, they only need to plead causation, not prove it. Erica P. John Fund, 131 S.Ct. at 2183 (<HOLDING>). Houston American’s stock fell by 35.5% when Options: A. holding that tolling applies to a subsequent class action when class certification was granted in a prior case B. holding two days is sufficient to prove causation C. holding that securities fraud plaintiffs do not have to prove loss causation to obtain class certification D. holding that a plaintiff cannot avoid the securities fraud exception by pleading mail fraud or wire fraud if the conduct giving rise to those offenses also amounts to securities fraud E. holding that putative class members are not parties to an action prior to class certification

assistant: The best answer is C. holding that securities fraud plaintiffs do not have to prove loss causation to obtain class certification
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: alleges that he “relied on the statements, his repositing of his faith and confidence in the relationship between [himself] and the Defendants to lull him into a false sense of security and misdirect him form [sic] the illegal acts of defendant as alleged herein,” he did not plead any specific conduct on the part of FFB that prevented him from discovering the alleged TILA violations and filing an action within the statute of limitations. Nor did plaintiff adequately explain why he did not become aware of “the violations of federal and state laws and the wrongdoing of Defendants” until the commencement of the foreclosure proceedings, or otherwise offer any persuasive argument demonstrating entitlement to equitable tolling. See Scholar v. Pac. Bell, 963 F.2d 264, 267-68 (9th Cir.1992) (<HOLDING>). Accordingly, because the allegations of the Options: A. holding that equitable tolling is applicable only in extreme cases noting that courts have been generally unforgiving when a late filing is due to the failure to exercise due diligence in preserving legal rights B. holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling C. holding that 2244d is subject to equitable tolling in appropriate cases D. holding that aliens failure to exercise due diligence in not inquiring into immigration status for eight years despite knowing that removal proceedings had commenced precluded equitable tolling of deadline for filing motion to reopen E. holding that a petitioner must act with due diligence when pursuing an ineffective assistance of counsel claim to benefit from equitable tolling of deadlines

assistant: The best answer is A. holding that equitable tolling is applicable only in extreme cases noting that courts have been generally unforgiving when a late filing is due to the failure to exercise due diligence in preserving legal rights
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 Executive agrees that any breach of the terms of this Section 4 would result in irreparable injury and damage to the Company for which the Company would have no adequate remedy at law; the Executive therefore also agrees that in the event of said breach or any threat of breach, the Company shall be entitled to an immediate injunction and restraining order to prevent such breach and/or threatened breach and/or continued breach by the Executive, without having to prove damages, in addition to any other remedies to which the Company may be entitled at law or in equity, including without limitation, the obligation of the Executive to return to the Company the portion of the Severance Payments paid pursuant to Section 2.2 or 2.3. The terms of this Section 4.7 shall not prevent the Company from pursuing any other available remedies for any breach or threatened breach hereof, including, without limitation, the recovery of damages from the Executive. The Executive and the Company further agree that the provisions of the covenants contained in this Section 4 are reasonable and necessary to protect the businesses of the Company and its affiliates because of the Executive’s access to Confidential Information and his material participation in the operation of such businesses.

assistant: Remedies
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: Shrum v. Kluck, 249 F.3d 773, 781 (8th Cir.2001) (citing Doe v. Wright, 82 F.3d 265, 268 (8th Cir.1996)); see Norfleet ex rel. Norfleet v. Arkansas Dep’t of Human Servs., 989 F.2d 289, 293 (8th Cir.1993); Gregory v. City of Rogers, 974 F.2d 1006, 1010 (8th Cir.1992) (en banc). The later exception, upon which Sophapmysay relies, applies where the state affirmatively puts a person in a position of danger that the person would not otherwise have been in but for the state’s intervention. See S.S. ex rel. Jervis v. McMullen, 225 F.3d 960, 962 (8th Cir.2000) (en banc) (noting that constitutional tort may be committed where “state acts affirmatively to place someone in a position of danger that he or she would not otherwise have faced ...”); Greer v. Shoop, 141 F.3d 824, 827-28 (8th Cir.1998) (<HOLDING>); Davis v. Fulton County, Ark., 90 F.3d 1346, Options: A. holding that transporting a person from shoulder of highway to convenience store where that person is later raped is not actionable under statecreated danger theory because the officials act did not increase the risk B. recognizing that laws and regulations may bear upon the existence of a constitutional interest C. recognizing the existence of the special relationship D. recognizing theory of constructive possession E. recognizing the existence of the statecreated danger theory of constitutional liability

assistant: The best answer is E. recognizing the existence of the statecreated danger theory of constitutional liability
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Pledgor has all requisite corporate or other power, and has all governmental licenses, authorizations, consents and approvals necessary to own its assets and carry on its business as now being or as proposed to be conducted, except where the lack of such licenses, authorizations, consents and approvals would not be reasonably likely to have a Material Adverse Effect.

assistant: Powers
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 arbitration or Expert determination relating to a Dispute (including an arbitral award, a settlement resulting from an arbitral award, documents exchanged or produced during an arbitration or Expert proceeding, and memorials, briefs or other documents prepared for the arbitration or Expert proceeding) shall be Confidential Information subject to the confidentiality provisions of Section 20; provided, however, that breach of such confidentiality provisions shall not void any settlement, determination or award.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: because the Assembly had violated the Grant Agreement, and he explicitly denies ever seeking to delay the Museum project. See Defs.’ Resp. Stmt. ¶ 56; Defs.’ Opp’n, Ex. P (G. Cafesjian Dep. Tr.) at 176; Defs.’ Opp’n, Ex. II (G. Cafesjian Aff.) ¶ 12. A trustee may file a lawsuit against a corporation in order to protect his own interests without breaching his fiduciary duty. See Clancy v. King, 405 Md. 541, 954 A.2d 1092, 1106 (2007) (“[A] fiduciary may enforce validly obtained legal rights against his or her firm, even if that transaction results in a profit for the fiduciary at the firm’s expense.”) However, the trustee must properly balance his own interests with the interests of the corporation. See Storetrax.com, Inc. v. Gurland, 397 Md. 37, 915 A.2d 991, 994, 1004, 1008 (2007) (<HOLDING>). As Plaintiffs recognize, “the pertinent Options: A. holding that a director did not breach his fiduciary duties by among other things filing a lawsuit against the corporation and seeking summary judgment by default but explaining that the director had to strike the proper balance between his claimed legal right and fulfilling his fiduciary obligation to act in the corporations best interests which he did in part by giving notice that the litigation was imminent and advising the corporation on how it could avoid the litigation B. holding that even assuming that the court recognized the allegaert exception that it would not apply where a firm that previously represented a corporation then represented a former director and officer of the corporation against the corporation because the duty of loyalty that the firm owes the corporation would go unprotected where the firm switches sides against its former client C. holding that an officer or director generally owes a fiduciary duty only to the corporation over which he exercises management authority and any breach of fiduciary duty claims arising out of injuries to the corporation in most cases may only be brought by the corporation itself or derivatively on its behalf D. holding that a shareholder had standing to bring a direct action against a director of a corporation because the director owed the shareholder a duty separate and apart from that which the director owed to the company E. recognizing the right of a creditor to sue a corporate director for breach of fiduciary duty

assistant: The best answer is A. holding that a director did not breach his fiduciary duties by among other things filing a lawsuit against the corporation and seeking summary judgment by default but explaining that the director had to strike the proper balance between his claimed legal right and fulfilling his fiduciary obligation to act in the corporations best interests which he did in part by giving notice that the litigation was imminent and advising the corporation on how it could avoid the litigation
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 undersigned shall pay on demand, all costs, fees and expenses (including expenses for legal services of every kind) relating or incidental to the enforcement or protection of the rights of Lender hereunder or under any of the Obligations.

assistant: Costs
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 Employment Agreement set forth the entire understanding between the parties and supersede and replace any express or implied, written or oral, prior agreement of plans or arrangement with respect to the terms of the your employment and the termination thereof which you may have had with the Company . You acknowledge that in signing this Agreement, you have not relied upon any representation or statement not set forth in this Agreement or the Employment Agreement made by the Company or any of its representatives. This Agreement may be amended only by a written document signed by the parties hereto.

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 case excerpt and choose the best holding from the options. Case excerpt: to an appeal in a Chapter 7 liquidation. Yet, there is no reason to make such a comprehensive statement here. Instead, we find that under traditional equitable mootness analysis, this case is not moot. We start with some standard qualifiers to equitable mootness. “Substantial consummation of a reorganization plan is a momentous event, but it does not necessarily make it impossible or inequitable for an appellate court to grant effective relief.” In re Manges, 29 F.3d at 1042-43 (internal quotation marks and citation omitted). Further, “equitable mootness need not foreclose an appeal from aspects of Chapter 11 plan confirmation that solely concern professional compensation and releases.” In re Hilal, 534 F.3d at 501; see In re SI Restructuring, Inc., 542 F.3d 131, 136-37 (5th Cir.2008) (<HOLDING>). Whatever else may be equitably moot, the Options: A. holding that consideration of a moot case was not required when there was no award of attorneys fees that would be affected by appellate review and the issue has not been preserved for appeal B. holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees C. holding that a challenge to the disbursement of attorneys fees was not equitably moot D. holding that an appeal was not equitably moot because the person who was issued the money was a party and was aware when the payment was made that the award would be appealed E. holding that issues as to whether declaratory relief should be granted had become moot and would be dismissed for lack of jurisdiction but that under hallman the entire appeal was not moot because there still was a live controversy as to whether appellee was entitled to recover attorneys fees under the declaratory judgments act and therefore issues regarding attorneys fees were not moot and would be decided

assistant: The best answer is C. holding that a challenge to the disbursement of attorneys fees was not equitably moot
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: Within the five (5) years prior to the Closing Date, neither any Loan Party nor any of their respective Subsidiaries has been known as or has used any legal, fictitious or trade names except those listed on Schedule 8.1.5 hereto. Within the five (5) years prior to the Closing Date, except as set forth on Schedule 8.1.5 , neither any Loan Party nor any of their respective Subsidiaries has been the surviving entity of a merger or consolidation or has acquired all or substantially all of the assets of any Person. The exact legal name, jurisdiction of incorporation or organization, Type of Organization and Organizational I.D. Number of each Loan Party and each of their respective Subsidiaries is set forth on Schedule 8.1.5 .

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 case excerpt and choose the best holding from the options. Case excerpt: Mullane v. Centr. Hanover Bank & Trust Co., 339 U.S. 306, 314, 70 S.Ct. 652, 94 L.Ed. 865 (1950)); accord Farhoud v. INS, 122 F.3d 794, 796 (9th Cir.1997). A1 Mutarreb argues that the method of service employed was not reasonably calculated to reach him. After the NTA was returned as “unclaimed,” A1 Mutarreb points out, the Service made no attempt to send the notice to Al Mutarreb’s street address (which A1 Mutarreb had provided to the Service as an alternative to his P.O. Box). Nor did it mail a copy of the NTA to his counsel of record, Elias Shamieh, as A1 Mutarreb argues 8 C.F.R. § 292.5(a) requires. Instead, the Service affirmatively requested that proceedings go forward without Al Mutarreb. Compare Jones v. Flowers, 547 U.S. 220, 225, 126 S.Ct. 1708, 164 L.Ed.2d 415 (2006) (<HOLDING>). A1 Mutarreb also maintains that the Service Options: A. recognizing that pursuant to pennsylvanias unclaimed property act abandoned property is held in perpetual temporary custody of the state B. holding that property owner was not entitled to relief under cafra because he was given sufficient notice of the administrative forfeiture proceeding through certified mail C. holding that when the state sends a letter threatening a tax foreclosure via certified mail and the letter is returned unclaimed due process requires that the state take additional reasonable steps to attempt to provide notice to the property owner before selling his property if it is practicable to do so D. holding no enforceable contract where letter specified it was a letter of interest only and is subject to the negotiation and execution of a definitive agreement E. holding notice of impending tax sale of property was not reasonably calculated to reach property owner when notice sent via certified letter by state was returned unclaimed and state did not take additional reasonable steps to ensure notice was provided

assistant: The best answer is C. holding that when the state sends a letter threatening a tax foreclosure via certified mail and the letter is returned unclaimed due process requires that the state take additional reasonable steps to attempt to provide notice to the property owner before selling his property if it is practicable to do so
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall terminate and be of no further force and effect in circumstances where Diamante does not acquire any portion of the Initial Interest in accordance with the provisions of Section 1.1 hereof on or before June 30, 2017.

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

user: 8. Except as provided under clause 12.2 of the General Purchase Conditions, it is expressly understood and agreed by the Parties hereto that the disclosure and provision of Proprietary Information under this Agreement by a Party to the other Party shall not be construed as granting to the receiving Party under the laws of any country any rights whether expressed or implied by licenceor otherwise on the matters, inventions or discoveries to which such Proprietary Information pertains or any copyright, trademark or trade secret rights. The property in all information and/or data disclosed by the Buyer to the Supplier pursuant to this Agreement shall subject to any right of any other owner, rest with the Buyer.

assistant: Yes
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 material consents, waivers, approvals, authorizations or orders required to be obtained, and all filings required to be made, by the Acquiree Company and/or the Shareholders for the authorization, execution and delivery of this Agreement and the consummation by them of the transactions contemplated by this Agreement, shall have been obtained and made by the Acquiree Company or the Shareholders, as the case may be, except where the failure to receive such consents, waivers, approvals, authorizations or orders or to make such filings would not have a Material Adverse Effect on the Acquiree Company or the Acquiror Company.

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 legal provision and list the applicable contract clause categories. Provision: As of the last day of each Plan Year, the Company shall credit each Participant’s SERP Account with interest on the Participant’s SERP Account Balance equal to a rate established by the Committee as of the first business day of the Plan Year, compounded annually. Unless changed by the Committee, the interest rate shall be based on Federated Investor's Institutional Money Market Management Fund yield (MMPXX) of the current Plan Year, and shall adjust annually as of the first business day of each Plan Year thereafter.

assistant: Interests
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: individual has breached a duty of reasonable care. Bolick v. Sunbird Airlines, Inc., 96 N.C. App. 443, 386 S.E.2d 76 (1989), aff'd, 327 N.C. 464, 396 S.E.2d 323 (1990). Sudden emergency does not change or reduce the standard of reasonable care. It is simply one of the factors to be considered in determining whether a person acted reasonably under the circumstances. Id. The sudden emergency doctrine permits the court to call to the attention of the jury that an emergency faced by the actor may influence its determination of whether specific conduct was reasonable under the circumstances. The doctrine of sudden emergency is not a legal defense which operates to bar an action. Id. But cf. Hinson v. Brown, 80 N.C. App. 661, 343 S.E.2d 284, rev. denied, 318 N.C. 282, 348 S.E.2d 138 (1986) (<HOLDING>). External forces that have been found to Options: A. holding that trial court erred by instructing jury regarding sudden emergency B. holding that sudden emergency is an affirmative defense which must be specifically plead C. recognizing that mitigation of damages is an affirmative defense a party must plead and prove D. holding that a claim of exemption is an affirmative defense which must be specifically pleaded E. holding that to avoid an affirmative defense a plaintiff must plead specifically matters of affirmative avoidance pursuant to rule 5508

assistant: The best answer is B. holding that sudden emergency is an affirmative defense which must be specifically plead
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: if at all possible, from the plain meaning of the language the General Assembly chose.” Bowling v. Kentucky Dep’t of Corrections, 301 S.W.3d 478, 490-91 (Ky.2009). To that end, “the language of the statute is to be given full effect as written.” Mohammad v. Commonwealth, 202 S.W.3d 589, 590 (Ky.2006). We believe a fair reading of KRS 625.080(3) reveals the Kentucky legislature intended to afford indigent parents the benefits of counsel during the entire course of the termination proceedings, including any appeal. This Court has interpreted KRS 625.080(3) as entitling indigent parents to counsel “throughout all [termination] proceedings.” A.P., 270 S.W.3d at 421 (emphasis added); see also R.V. v. Commonwealth, Dep’t for Health and Family Services, 242 S.W.3d 669, 672-73 (Ky.App.2007) (<HOLDING>). In Z.T. v. M.T., 258 S.W.3d 31, this Court Options: A. holding the parental rights of a child may not be terminated unless that parent has been represented by counsel at every critical stage of the proceedings B. holding that the filing of a motion for a new trial is a critical stage of the prosecution and that an indigent defendant is constitutionally entitled to the assistance of counsel at that stage C. recognizing that a court is not limited in what it may consider in determining whether parental rights should be terminated D. holding that sentencing is a critical stage of criminal proceedings and the offer of counsel must be renewed at each critical stage where the defendant appears without counsel E. holding that in parental termination proceedings the parent is entitled to effective assistance of counsel

assistant: The best answer is A. holding the parental rights of a child may not be terminated unless that parent has been represented by counsel at every critical stage of the proceedings
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Bill of Sale does not amend or otherwise modify or limit any of the provisions of the Purchase Agreement, provided, however, that this sentence does not limit the scope of the Assets conveyed hereunder. The parties hereto recognize that Seller is executing and delivering to Buyer certain other instruments of conveyance with respect to the Assets. Nothing herein shall limit the scope thereof, and nothing therein shall limit the scope hereof.

assistant: No Conflicts
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: conviction by proving the falsity of Defendant’s testimony about the above two emails. 2. Misuse of the Grand Jury Defendant also alleges that the grand jury’s investigation was a mere pretext to lay the groundwork for a perjury indictment. Defendant argues that hailing him before the grand jury to establish the foundation for a perjury conviction was an improper purpose for the grand jury. See United States v. Under Seal, 714 F.2d 347, 349 (4th Cir.1983) (“[Pjractiees which do not aid the grand jury in its quest for information bearing on the decision to indict are forbidden.”). As such, Defendant claims that his testimony was immaterial to a grand jury investigation and cannot form the basis for a false declaration charge. See Brown v. United States, 245 F.2d 549, 554 (8th Cir.1957) (<HOLDING>). Defendant cites several circumstances in Options: A. holding that where witness refused to take the oath and testify his grand jury testimony should not have been admitted because he was not subject to cross examination before the grand jury B. holding that in the situation of a possible dismissal of an indictment because of possible grand jury tampering only where knowing perjury relating to a material matter has been presented to the grand jury should the trial judge dismiss an otherwise valid indictment C. holding the trial court erred in ordering the transcription of grand jury proceedings so that it could intervene in the operations of the grand jury D. holding that right was available in grand jury proceedings E. holding that a defendants false grand jury testimony was insufficient to establish perjury where the defendant was called before the grand jury for the mere purpose of laying the foundation for a perjury prosecution such testimony was immaterial to the grand jurys purpose

assistant: The best answer is E. holding that a defendants false grand jury testimony was insufficient to establish perjury where the defendant was called before the grand jury for the mere purpose of laying the foundation for a perjury prosecution such testimony was immaterial to the grand jurys purpose
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: should not imply that term when the Legislature has excluded it. GE Solid State, supra, 132 N.J. at 308, 625 A.2d at 473. Equally significant was the failure of the Legislature at its very next session (1974-1975) to enact Assembly Bill No. 1817, which, among other Act amendments, would have incorporated verbatim into the CBT property factor the language of its recently-enacted CIT counterpart, i.e., that taxpayer’s property included rented or leased property. That bill was introduced in the Assembly on May 16, 1974, and thereupon referred to the Committee on Taxation. The Committee reported out that bill, with amendments, and went to a second reading on April 21, 1975. The full Assembly never voted on it, however. See Garfield Trust Co., supra, 102 N.J. at 431-32, 508 A.2d at 1110-11 (<HOLDING>). In 1990, Senate Bill 1112 was introduced Options: A. holding analogous circumstances conclusive of legislative intent B. holding that determining legislative intent is a question of law C. holding that the title of legislation is relevant to legislative intent D. holding that where statutory language is unambiguous it is to be regarded as conclusive unless there is clearlyexpressed legislative intent to the contrary E. holding that statutory language is conclusive in absence of clearly expressed legislative intention to the contrary

assistant: The best answer is A. holding analogous circumstances conclusive of legislative intent
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 total aggregate number of authorized Membership Interests of TPC is one (1). As of the date hereof, one (I) Membership Interest are issued and outstanding. Except as set forth herein, all of the outstanding membership interest of TPC are duly authorized, validly issued, fully paid and non-assessable, and have not been or, with respect to the TPC Membership Interest will not be transferred in violation of any rights of third parties. The TPC Membership Interests are not subject to any preemptive or subscription right, any voting trust agreement or other contract, agreement, arrangement, option, warrant, call, commitment or other right of any character obligating or entitling TPC to issue, sell, redeem or repurchase any of its securities that will survive Closing and there is no outstanding security of any kind convertible into or exchangeable for common shares. The TPC Membership Interest are owned of record and beneficially by the Member and free and clear of any liens, claims, encumbrances, or restrictions of any kind.

assistant: Capitalization
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: Regardless of whether the court construes the Plaintiff’s “illegal seizure of property claim” as a traditional tax refund claim, as an illegal exaction, or as a criminal allegation, the court does not have jurisdiction. A tax refund claim is a classic example of an ille 163, 80 S.Ct. 630, 4 L.Ed.2d 623 (1960) (“[F]ull payment of an illegal assessment is a condition upon the jurisdiction of a District Court to entertain a suit for refund[.]”). Second, a plaintiff must file a ecessary to invoke the court’s jurisdiction over tax refund claims. Plaintiffs partial payment of a tax liability through levies totaling $3,599.70 on a deficiency of $27,930.73 does not meet the full payment prerequisite. See Flora v. United States, 357 U.S. 63, 75-76, 78 S.Ct. 1079, 2 L.Ed.2d 1165 (1958) (<HOLDING>). Moreover, Plaintiff has failed to plead that, Options: A. holding that full payment of the assessment is also required for tax refund suits brought in the united states court of federal claims B. holding that an injured employee is only entitled to one full recovery but where an employee does not receive the full satisfaction of payment for their injury they may pursue the other avenue C. holding that the full payment rule literally requires full not partial payment and rejecting the argument that a partpayment remedy is necessary when a taxpayer is too poor to pay the full amount of the tax D. holding that it was not the taxpayers responsibility to pursue the different tax units to which the illegally levied county tax was proportioned as the taxpayer was entitled to recover the full amount of the tax from the county the collecting entity E. holding that the full payment rule is applicable to refund suits in the court of federal claims

assistant: The best answer is C. holding that the full payment rule literally requires full not partial payment and rejecting the argument that a partpayment remedy is necessary when a taxpayer is too poor to pay the full amount of the tax
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is completed and move that the court, pursuant to 9 U.S.C. § 10(a)(4), vacate the award on that basis. V. CONCLUSION For the foregoing reasons, we AFFIRM the district court order in Morrison’s case, that, although the challenged a case-by-case approach, however, with the Tenth Circuit taking a significantly different approach to the case-by-case approach than other circuits. See Bradford v. Rockwell Semiconductor Sys., Inc., 238 F.3d 549, 555 (4th Cir.2001) ("Notably, although Shankle found that the fee-splitting provision rendered the arbitration agreement unenforceable, it framed its analysis in terms of the complaining party's actual inability to afford the arbitration costs and fees.”). 5 . See Paladino v. Avnet Computer Techs., Inc., 134 F.3d 1054, 1062 (11th Cir.1998) (<HOLDING>). 6 . See Cole v. Burns Int’l Sec. Servs., 105 Options: A. holding that delay in excess of three years after conclusion of direct review does not constitute reasonable diligence B. holding that steep costs at least constitute a legitimate basis for a conclusion that the clause does not comport with statutory policy C. holding that even when there is a legitimate government purpose the discrimination must bear at least some rational relationship to that purpose D. holding that offer of judgment statute does not provide a basis for an award of attorney fees and costs unless dismissal is with prejudice E. holding that probation does not constitute a sentence

assistant: The best answer is B. holding that steep costs at least constitute a legitimate basis for a conclusion that the clause does not comport with statutory policy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the release of the security interests granted to the Noteholder Collateral Agent pursuant to Section 11.4 of the Security Agreement, upon written request of the Company, the Noteholder Collateral Agent shall, at the sole cost and expense of the Company, execute, acknowledge, and deliver to the Pledgors an instrument in writing in recordable form releasing the collateral pledge, grant, assignment, lien and security interest in the Copyrights under this Copyright Security Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: cannot consider claims decided by a state court or claims “inextricably intertwined” with an earlier state-court judgment. Rooker v. Fidelity Trust Co., 263 U.S. 413, 415-16, 44 S.Ct. 149, 150, 68 L.Ed. 362 (1923); Dist. of Columbia Ct.App. v. Feldman, 460 U.S. 462, 476, 103 S.Ct. 1303, 1311, 75 L.Ed.2d 206 (1983). “[A] federal claim is ‘inextricably intertwined’ with a state court judgment ‘if the federal claim succeeds only to the extent that the state court wrongly decided the issues before it.’ ” Mackenzie v. Donovan, 375 F.Supp.2d 312, 319 (S.D.N.Y.2005) (quoting Bell v. State, 99-5809, 2000 WL 1273637, at *4 (S.D.N.Y. Sept.7, 2000)). The me appellate jurisdiction and to overrule the state court judgment, which this Court may not do under the Rooker-Feldman doctrine. See id. (<HOLDING>). Therefore, the Rooker-Feldman doctrine bars Options: A. holding that the plaintiff was effectively asking the federal court to review and rule on the propriety of the state court action and that granting the requested relief would effectively declare the state court order invalid B. holding that a federal court litigant who is forced into state court under pullman may reserve a right to return to federal court in that the plaintiff can preserve the right to the federal forum for federal claims by informing the state court of his or her intention to return following litigation of the state claims in the state court C. holding that aedpa limits a federal habeas court to the record before the state court where a claim has been adjudicated on the merits by the state court D. holding that the state court is revested with jurisdiction when a federal district court executes the remand order and mails a certified copy of the order to the state court E. holding that a federal district court lacked subject matter jurisdiction over a suit that effectively sought review of an indiana state courts decision

assistant: The best answer is A. holding that the plaintiff was effectively asking the federal court to review and rule on the propriety of the state court action and that granting the requested relief would effectively declare the state court order invalid
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: District Court for the District of Connecticut held, inter alia, that the defendant did not violate 15 U.S.C. § 1692g by failing to provide the requisite information because the plaintiff initiated the communication. The court elaborated at length on this issue, writing: Courts in this circuit have held that the “FDCPA’s protections are not triggered by communications initiated by someone other than the debt collector.” Boyd v. J.E. Robert Co., No. 05-CV-2455(KAM)(RER), 2010 WL 5772892, at *13 (E.D.N.Y. Mar. 31, 2010) (FDCPA did not apply where defendants wére simply responding to inquiries made by plaintiffs concerning the outstanding amount then due and owing on plaintiff’s account) ... Nichols v. Washington Mut. Bank, No. 07-cv3216, 2007 WL 4198252, at *4-5 (E.D.N.Y. Nov. 21, 2007) (<HOLDING>). To permit a consumer to unilaterally trigger Options: A. holding that reporting a consumers debt to a creditreporting agency constitutes collection of the debt under 1692gb B. holding that fdcpa was intended to protect consumers from communications initiated by debt collectors not consumers C. holding that debt collectors have no obligation to warn a consumer that her debt may increase over time D. holding that the name under which a debt collector is licensed to do business is the debt collectors true name for purposes of the fdcpa E. holding that a debt collectors filing of a lawsuit on a debt that appears to be timebarred is an unfair and unconscionable means of collecting the debt

assistant: The best answer is B. holding that fdcpa was intended to protect consumers from communications initiated by debt collectors not consumers
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 terms of this Agreement, as amended from time to time, shall be binding upon, inure to the benefit of and be enforceable by the respective successors and assigns of Depositor, Recipient and Escrow Agent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as they neared the end of their term, was relatively minimal. Id. at 971-72. Accordingly, the Court had no difficulty upholding the resign-to-run law at issue. Id. at 972-73. ¶ 15. Numerous courts have since adopted and applied the Clements balancing test to uphold similar resign-to-run provisions, generally concluding that the state’s interests substantially outweighed the limited impact on office seekers forced to run for one office at a time. See, e.g., Joyner v. Mofford, 706 F.2d 1523, 1532 (9th Cir. 1983) (rejecting equal-protection challenge to Arizona Constitution resign-to-run clause and finding that it “advances substantial and important state interests, while placing a minimal burden on potential candidates”); Worthy v. Michigan, 142 F. Supp. 2d 806, 815 (E.D. Mich. 2000) (<HOLDING>); Fasi v. Cayetano, 752 F. Supp. 942, 946-54 Options: A. holding that doctrine does not violate equal protection B. holding transfer rule did not violate federal equal protection C. holding that the cap does not violate equal protection D. holding that michigan rule barring sitting judges from nonjudicial offices did not violate equal protection E. holding missouri transfer rule did not violate equal protection

assistant: The best answer is D. holding that michigan rule barring sitting judges from nonjudicial offices did not violate equal protection
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 any claim, controversy, dispute or cause of action (whether in contract or tort or otherwise) based upon, arising out of or relating to this Agreement and the transactions contemplated hereby shall be construed in accordance with and governed by the law of the State of New York.

assistant: Governing Laws