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: Subject to the proviso in clause (ii) of Section 3.01(a), each Second Priority Representative, on behalf of itself and each Second Priority Secured Party under its Second Priority Debt Facility, agrees that, unless and until the Discharge of First Priority Obligations has occurred, it will not commence, or join with any Person (other than the First Priority Secured Parties and the First Priority Representatives upon the request of the Designated First Priority Representative) in commencing, any Insolvency or Liquidation Proceeding or any enforcement, collection, execution, levy or foreclosure action or proceeding with respect to any Lien held by it in the Shared Collateral under any of the Second Priority Debt Documents or otherwise in respect of the Second Priority Debt Obligations.

assistant: Cooperation
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: in the event you become aware of or reasonably suspect any breach of security , including without limitation any loss , theft , or unauthorized disclosure of the login information , you must immediately notify supercell and modify your login information .

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: In the event the Indemnified Parties have a good faith reason to believe that an environmental hazard involving a Hazardous Substance in violation of Environmental Law exists on the Property that, endangers any tenants or other occupants of the Property or their guests or the general public, upon reasonable notice from the Indemnitee, Indemnitor shall, at Indemnitor’s expense, promptly cause an engineer or consultant reasonably satisfactory to the Indemnified Parties to conduct any environmental assessment or audit (the scope of which shall be determined in the sole and absolute discretion of the Indemnified Parties) and take any samples of soil, groundwater or other water, air, or building materials or any other invasive testing requested by Indemnitee and promptly deliver the results of any such assessment, audit, sampling or other testing; provided, however, if such results are not delivered to the Indemnified Parties within a reasonable period, then, upon reasonable notice to Indemnitor, the Indemnified Parties and any other Person designated by the Indemnified Parties, including but not limited to any receiver, any representative of a governmental entity, and any environmental consultant, shall have the right, but not the obligation, to enter upon the Property at all reasonable times to assess any and all aspects of the environmental condition of the Property and its use, including but not limited to conducting any environmental assessment or audit (the scope of which shall be determined in the sole and absolute discretion of the Indemnified Parties) and taking samples of soil, groundwater or other water, air, or building materials, and reasonably conducting other invasive testing, unless, in the case of such results not being delivered to the Indemnified Parties within a reasonable period, such results are delivered to the Indemnified Parties prior to the taking of any such activities by any such Person. If the Indemnified Parties shall have a right of access to the Property pursuant to this Section 3, Indemnitor shall cooperate with and provide the Indemnified Parties and any such Person designated by the Indemnified Parties with such access.

assistant: Cooperation
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 of this Agreement and the consummation of the transactions contemplated hereby have been duly and validly authorized by all necessary action on the part of the Purchaser and the Company and constitute the valid and legally binding obligations of each of them, enforceable against them in accordance with its terms.

assistant: Enforceability
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: Subject to the terms and conditions of this Agreement, at Closing, Seller shall sell, grant, assign, convey, transfer and deliver to Buyer, and Buyer shall purchase and acquire from Seller, the Shares, free and clear of all Liens. Notwithstanding anything herein to the contrary, however, it is agreed by the Parties that the actual cash capital in the Companies, other than $500,000, shall not be part of the Transactions and shall be retained by Seller as set forth in Section 6.08.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Parties will give any notices to, make any filings with, and use their reasonable best efforts to obtain any authorizations, consents, and approvals of governments and governmental agencies in order to effect the Exchange Transaction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company will use the proceeds from the sale of the Securities (less reasonable fees and expenses of counsel to the Company, the fees and expenses set forth in Section 4(g), and the reasonable fees and expenses of the Placement Agent) for general corporate purposes, but not, directly or indirectly, for (i) the satisfaction of any indebtedness of the Company or any of its Subsidiaries, (ii) the redemption or repurchase of any securities of the Company or any of its Subsidiaries, or (iii) the settlement of any outstanding litigation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: 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 relevant Issuing Bank or the Revolving Lenders, the relevant Issuing Bank hereby grants to each Revolving Lender, and each Revolving Lender hereby acquires from the relevant Issuing Bank, a participation in such Letter of Credit equal to such Revolving Lender’s Applicable Percentage of the aggregate amount available to be drawn under such Letter of Credit. In consideration and in furtherance of the foregoing, each Revolving Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of the relevant Issuing Bank, such Revolving Lender’s Applicable Percentage of each LC Disbursement made by such Issuing Bank and not reimbursed by the applicable Borrower on the date due as provided in paragraph (e) of this Section, or of any reimbursement payment required to be refunded to any Borrower for any reason. Each Revolving 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 Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever.

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: The royalty and other payments set forth in this Agreement shall, if overdue, bear interest until payment at **** or the maximum amount permitted under law, whichever is less. The acceptance of the payment of such interest shall not foreclose Children’s from exercising any other rights or remedies it may have.

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: as violations of the law of nations. See Mastafa, 770 F.3d at 181 (finding that “plaintiffs have satisfied their burden of asserting some causes of actions grounded in actions recognized as violations of customary international law” where they asserted that the principal committed genocide, war crimes, and ■crimes against humanity). III. Theory of Liability Plaintiffs assert that the “actions of defendant LCB ... constituted aiding and abetting [Hezbollah’s] acts of genocide, crimes against humanity[,] and war crimes under the law of nations.” App. Ill (emphasis added). Aiding and abetting is a theory of liability recognized by customary international law. Khulumani, 504 F.3d at 260 (Opinion of the Court); see id. at 270 (Katzmann, J., concurring); see also Mastafa, 770 F.3d at 181 (<HOLDING>). Accordingly, Plaintiffs have pleaded a theory Options: A. recognizing aiding and abetting conversion B. recognizing aiding and abetting trespass C. holding it was not a surprise or unfair to the defendant for the state to pursue a theory of aiding and abetting at trial when the charging document did not refer to aiding and abetting D. recognizing both aiding and abetting breach of fiduciary duties and aiding and abetting conversion E. recognizing that in this circuit a plaintiff may plead a theory of aiding and abetting liability under the ats

assistant: The best answer is E. recognizing that in this circuit a plaintiff may plead a theory of aiding and abetting liability under the ats
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) Each of the Lenders and the L/C Issuer hereby irrevocably appoints Bank of America to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Article are solely for the benefit of the Administrative Agent, the Lenders and the L/C Issuer, and neither the Borrower nor any other Loan Party shall have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative Agent is not intended to connote any fiduciary or other similar implied (or express) obligations arising under agency doctrine of any applicable Law. Instead such term is used as a matter of market custom , and is intended to create or reflect only an administrative relationship between contracting parties.

assistant: Authority
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: Tenant shall not permit any mechanic’s, materialmen’s or other liens to be filed against all or any part of the Property or the Premises, nor against Tenant’s leasehold interest in the Premises, by reason of or in connection with any repairs, alterations, improvements or other work contracted for or undertaken by Tenant or any of Tenant’s Parties. If any such liens are filed, Tenant shall, at its sole cost, promptly cause such liens to be released of record or bonded so that such lien(s) no longer affect(s) title to the Property, the Building or the Premises. If Tenant fails to cause any such lien to be released or bonded within ten (10) days after filing thereof, Landlord may cause such lien to be released by any means it shall deem proper, including payment in satisfaction of the claim giving rise to such lien, and Tenant shall reimburse Landlord within five (5) business days after receipt of invoice from Landlord, any sum paid by Landlord to remove such liens, together with interest at the Interest Rate from the date of such payment by Landlord.

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: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, Executive may continue to participate in such employee benefit plans and programs as the Company may from time to time provide to its employees, including paid time off, subject to the terms and conditions of such plans. Nothing herein is intended, or shall be construed, to require the Company to institute or continue any, or any particular, plan or benefits. After the end of the Term, if Executive is not eligible to receive continuing benefits, Executive shall be eligible for continued participation in the Company’s health insurance program at his own expense pursuant to COBRA.

assistant: Benefits
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, at the time of enforcement of Section 2 or this Section 3 , a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum duration or scope reasonable under such circumstances shall be substituted for the stated period or scope and that the court shall be allowed to revise the restrictions contained herein to cover the maximum duration and scope permitted by law. Because Executive’s services are unique and because Executive has access to confidential information, the parties hereto agree that money damages would be an inadequate remedy for any breach of this Agreement. Therefore, in the event a breach or threatened breach of this Agreement, the Parent, Employer, their respective Subsidiaries and/or their respective successors or assigns would, in addition to other rights and remedies existing in their favor, be entitled to an order for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Effective as of the grant date specified in the Notice (the “ Grant Date ”), Mattel grants to the Holder a Non-Qualified Stock Option (this “ Option ”) to purchase, on the terms and conditions set forth in the Notice and this Grant Agreement, all or any part of the aggregate number of shares of Common Stock subject to the Option as set forth in the Notice. The Option shall remain outstanding until and shall expire on the tenth anniversary of the Grant Date as specified in the Notice (the “ Expiration Date ”), unless and to the extent this Option is terminated or forfeited before such date pursuant to Section 5 or Section 6 below. The per-share exercise price of this Option equals the Fair Market Value of a share of Common Stock on the Grant Date, and is set forth in the Notice.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: folder and by running LimeWire, Defendant intended to barter his images of child pornography in the expectation that he would receive other LimeWire users’ images of child pornography. Indeed, Defendant admitted he used LimeWire to obtain some of his child pornography. Plea Agreement at ¶ 21(A). Therefore, Defendant intended to traffic in and distribute child pornography. See United States v. Todd, 100 Fed.Appx. 248, 250 (5th Cir.2004) (“The LimeWire program was designed to share or barter files.... By downloading the images and making them accessible to others, [the defendant’s] conduct met the definition of “trafficking” in section 2G2.2.”), vacated on other grounds, 543 U.S. 1108, 125 S.Ct. 1039, 160 L.Ed.2d 1031 (2005); cf. United States v. Horn, 187 F.3d 781, 791 (8th Cir.1999) (<HOLDING>); United States v. Brown, 333 F.3d 850, 853-54 Options: A. holding that trading tapes of child pornography in order to augment a defendants personal collection constitutes distribution B. holding that mailing child pornography to another in the expectation of receiving similar materials in return constituted distribution for purposes of 2g22b2 C. recognizing continuing harm from defendants knowing possession of child pornography D. holding that trading of child pornography is distribution for purposes of 2g22b2 E. holding that distribution of child pornography to encourage a meeting to engage in sex was sufficient to warrant enhancement

assistant: The best answer is A. holding that trading tapes of child pornography in order to augment a defendants personal collection constitutes distribution
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 representations and warranties contained in each Financing Document are true and correct on and as of the date hereof, before and after giving effect to this Amendment, as though made on and as of such date (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date).

assistant: Warranties
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 motion is made for a rehearing of such decision, the decision of the appeals examiner shall become final. 9 . 078. WORK, NATURE OF. Every claimant has the right to restrict his availability to suitable work. I.D.A.P.A. 09.01.30 (1994). 02. Suitable Work. A claimant who customarily works either inside or outside may restrict his availability for a reasonable time to that type of work for which he is best suited and shall not be denied benefits. 073.01. Prospects for Work. A claimant unemployed for a long period of time shall be expected to lower his expectations for employment and become available for work which may not have been previously considered suitable. I.D.A.P.A. 09.01.30 (1994). See also, Guillard v. Department of Employment, 100 Idaho 647, 652, 603 P.2d 981, 986 (1979) (<HOLDING>). (Citing Bayly Mfg. Co. v. Department of Options: A. holding that work which may be deemed unsuitable at the inception of claimants unemployment and for a reasonable time thereafter may thereafter become suitable work when consideration is given to the length of unemployment and the prospects of obtaining customary work at claimants prior earning capacity B. recognizing receipt of unemployment benefits could impact a claimants disability claim C. recognizing that the work to be completed in accordance with the time limits of section 6 is the work for which lien enforcement is sought D. recognizing the principle that an administrative agency error should not work to a claimants detriment E. holding that your work exclusion is triggered only where the damage at issue is to work performed by you and is caused by work performed by you and does not apply to damage caused to original construction of a house during later repair work

assistant: The best answer is A. holding that work which may be deemed unsuitable at the inception of claimants unemployment and for a reasonable time thereafter may thereafter become suitable work when consideration is given to the length of unemployment and the prospects of obtaining customary work at claimants prior earning capacity
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 item listed or referred to in any Schedule pursuant to any Section of this Agreement will be deemed to have been listed in or incorporated by reference into any other Schedule to the extent that the applicability of the information disclosed to such other representation and warranty or Schedule is reasonably apparent on the face of the Schedule. The headings, if any, of the individual sections of each of the Schedules are inserted for convenience only and will not be deemed to constitute a part thereof or a part of the Agreement. The inclusion of an item in the Schedules as an exception to a representation or warranty will not be deemed an admission or acknowledgment, in and of itself and solely by virtue of the inclusion of such information in the Schedules, that such information is required to be listed in the Schedules or that such item (or any non-disclosed item or information of comparable or greater significance) represents a material exception or fact, event or circumstance, that such item has had, or is excepted to result in, a Material Adverse Effect, or that such item actually constitutes noncompliance with, or a violation of, any Legal Requirement or Contractual Obligation or other topic to which such disclosure is applicable.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to be a payment in respect of such tax liability at the time such credit is allowed.” 26 U.S.C. § 7422(d). 2 . Kaffenberger v. United States, 314 F.3d 944, 954 (8th Cir.2003) ("Treasury regulations specify what is required of a taxpayer to file a valid claim for refund or credit of taxes previously paid. See 26 C.F.R. § 301.6402 — 2(b)(1); § 301.6402-3(a). Although the regulation states that a claim that fails to comply with the requirements will not be considered as a claim for refund, § 301.6402-2(b)(l), the Supreme Court has endorsed informal claims filed within the statutory period that have technical deficiencies, as long as a valid refund claim is subsequently made after the period has run.”); United States v. Commercial Nat’l Bank of Peoria, 874 F.2d 1165, 1175-76 (7th Cir.1989) Options: A. holding a taxpayer has three years from the date his return is actually filed to file a claim for refund or credit B. holding under section 7422a that the district court lacked jurisdiction over a taxpayers refund claim because the taxpayer failed to file a refund claim before the statute of limitations had run C. holding statute of limitations should not be equitably tolled for taxpayer who filed a refund claim after the applicable statute of limitations D. holding that a taxpayer only has a refund right after the irs has credited the refund to other underpaid taxes therefore the refund was not part of the bankruptcy estate E. holding that the taxpayer met the claim requirement where the taxpayer first filed a timely letter with the irs that requested a refund and subsequently filed a formal refund claim

assistant: The best answer is E. holding that the taxpayer met the claim requirement where the taxpayer first filed a timely letter with the irs that requested a refund and subsequently filed a formal refund claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties hereby: (i) submit to the jurisdiction of any state or federal court sitting in the Commonwealth of Virginia in any action or proceeding arising out of or relating to Section 8 and/or 9 of this Agreement; (ii) agree that all claims in respect of such action or proceeding may be heard or determined in any such court; and (iii) agree not to bring any action or proceeding arising out of or relating to Section 8 and/or 9 of this Agreement in any other court. The parties hereby waive any defense of inconvenient forum to the maintenance of any action or proceeding so brought. The parties hereby agree that a final judgment in any action or proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by law.

assistant: Submission To Jurisdiction
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: Not make or consent to any amendment or other modification or waiver with respect to any of the Pledged Collateral of such Pledgor or enter into any agreement or allow to exist any restriction with respect to any of the Pledged Collateral of such Pledgor other than pursuant hereto or as may be permitted under the Credit Agreement and the other Loan Documents.

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: Except for claims based on fraud, the indemnification provisions in this ARTICLE XII shall be the sole and exclusive remedy of any Indemnitee with respect to any claim for Indemnification Loss arising from or in connection with this Agreement. The Parties shall take into account the time cost of money (using the prime rate as reported from time to time in The Wall Street Journal as the discount rate) in determining Indemnification Loss for purposes of this ARTICLE XII .

assistant: Interpretations
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: order on appeal. “Because the district court functions as an appellate court in reviewing bankruptcy decisions, this court is the second appellate court to review bankruptcy court cases.” In re Glados, Inc., 83 F.3d 1360, 1362 (11th Cir.1996). As with any other discovery order, we review “questions concerning the scope or opportunity for discovery for an abuse of discretion.” In re Kiwi Int’l Air Lines, Inc., 344 F.3d 311, 323 (3d Cir.2003) (agreeing “with the District Court that the Bankruptcy Court did not abuse its discretion by denying the trustee’s request for additional discovery”); Brandt v. Wand Partners, 242 F.3d 6, 18-20 (1st Cir.2001) (reviewing discovery orders by the bankruptcy court for abuse of discretion). See also In re Kellogg, 197 F.3d 1116, 1122 (11th Cir.1999) (<HOLDING>). After reviewing the record, we conclude that Options: A. holding that trial court did not abuse its discretion by denying motion for continuance when not in proper affidavit form B. 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 C. holding that the court of federal claims did not abuse its discretion in denying as untimely a 10daylate pro se motion for reconsideration D. holding that district court did not abuse its discretion in denying a motion to strike when movant failed to show prejudice E. holding that unauthorized motion for rehearing to set aside default heard by trial court will be considered as motion for reconsideration

assistant: The best answer is B. 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
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: It is the intent of the Parties that the provisions contained in this Agreement shall be severable. Should any provision, in whole or in part, be held invalid as a matter of law, such holding shall not affect the other provisions of this Agreement, and such provisions that are not invalid shall be given effect without the invalid provision.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Directly or indirectly, use the proceeds of any Credit Extension, or lend, contribute or otherwise make available such proceeds to any Subsidiary, joint venture partner or other individual or entity, to fund any activities of or business with any individual or entity, or in any Designated Jurisdiction, that, at the time of such funding, is the subject of Sanctions, or in any other manner that will result in a violation by any individual or entity (including any individual or entity participating in the transaction, whether as Lender, Arranger, Administrative Agent, L/C Issuer or otherwise) of Sanctions.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 409 F.3d 798, 804 (7th Cir.2005); Powers v. Apfel, 207 F.3d 431, 435-36 (7th Cir.2000). Here, the ALJ observed that, although Mr. Getch alleged episodes of gout and had taken medication to treat gout symptoms, there was “no description by a physician of an actual gout flare-up in the record.” A.R. at 14. The ALJ reasonably discounted Mr. Getch’s testimony given the discrepancy between his reports of disabling gout and medical reports documenting Mr. Getch’s normal range of motion, ability to walk and stand without significant limitation, and absence of joint swelling or other gout symptoms. It therefore was not patently wrong for the ALJ to conclude that, although Mr. Getch’s impairments were real, he had exaggerated their impact on his ability to work. See Schmidt, 496 F.3d at 843-44 (<HOLDING>); Sienkiewicz, 409 F.3d at 804 (same). 4. Options: A. holding that the alj did not err in discounting a claimants reports of pain where they were not supported by the medical record B. holding it is error for an alj to fail to consider factors relevant to the pain analysis which are supported by the record C. holding that lack of medical evidence cannot form the sole basis for discounting pain testimony but is a factor that an alj may consider D. holding that alj may not base adverse credibility finding on his perceptions of claimants pain at the hearing where record shows objective evidence of claimants pain E. holding that evidence relied on by alj was insufficient to undermine pain allegations where medical records were replete with claimants reports of pain and of prescriptions

assistant: The best answer is A. holding that the alj did not err in discounting a claimants reports of pain where they were not supported by the medical record
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 conduct which led to his conviction or previous extensions of his SAMs, such conduct might justify any future decision to impose new SAMs restrictions on Plaintiff, which would have nothing to do with the present lawsuit. Moreover, given that Defendants have apparently determined that Plaintiff sufficiently mitigated the reasons for his SAMs [Docket No. 121-2], it seems clear that Defendants could not reverse that determination at a later date based on past conduct and use it as an excuse to reimpose the prior SAMs designation. While they could impose a new SAMs designation for other legitimate reasons, e.g., new threats through the mail, such a determination would be unrelated to the original imposition of his SAMs and the annual reviews thereafter. See Tandy, 380 F.3d at 1291 (<HOLDING>). Further, I find that Plaintiffs case does not Options: A. recognizing that dismissal is warranted only in extreme cases citation omitted B. holding that prejudice may result when the alien is prevented from reasonably presenting his or her case citation omitted emphasis added C. holding that injunctive relief is not moot based on voluntary cessation unless the defendant shows that it is absolutely clear his wrongful activities cannot reasonably be expected to recur D. recognizing mootness if it is absolutely clear the allegedly wrongful behavior could not reasonably be expected to recur citation omitted E. recognizing that a judge is not absolutely immune from criminal liability

assistant: The best answer is D. recognizing mootness if it is absolutely clear the allegedly wrongful behavior could not reasonably be expected to recur citation omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in Roberdeau, 231 S.W.2d at 951, the court noted that further repair could restore the insured’s vehicle to the same, or as good, condition as before. 12 .Many of the cases address how to remedy inadequate or defective repairs. See, e.g., Barbee, 262 S.W.2d at 123-24 (finding more than twenty items coverage under the insurance policy, it did not engage in an analysis of the contract language but instead recited the tort measure of damages to personal property, i.e. ”[t]he difference between its reasonable market value at the time and place of its injury immediately before its injury and its value immediately after the injury.” 149 S.W.2d at 147. In stating that post-repair reduction in value could be recovered, the Higgins court cited cases involving tort, no 56 (Mo.App.1953) (<HOLDING>); Potomac Ins. Co. v. Wilkinson, 213 Miss. 520, Options: A. holding the measure of damages is the difference between the value of the automobile prior to the upset and its value when prepared and presented to the plaintiff for acceptance B. holding that the measure of damages of converted property is the market value at the time of conversion C. holding the measure of damages in a negligence action is the reasonable necessary cost of restoring the injured automobile to its condition prior to its injury thereby giving it the same value it possessed immediately before its injury D. holding the aggregate value of the land and its improvements is the controlling value E. holding that unless the collision resulted in a total loss the measure of recovery is the difference between the fair market value of the vehicle in the condition in which it was immediately prior to the collision and its value thereafter

assistant: The best answer is A. holding the measure of damages is the difference between the value of the automobile prior to the upset and its value when prepared and presented to the plaintiff for acceptance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Consolidated Party thereof is in compliance in all material respects with the requirements of all Applicable Laws and all orders, writs, injunctions and decrees applicable to it or to its properties, except in such instances in which (a) such requirement of Applicable Laws or order, writ, injunction or decree is being contested in good faith by appropriate proceedings diligently conducted or (b) the failure to comply therewith, either individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: same seven seconds they fell to the ground with Witt and inadvertently struck him on the head with a flashlight. The parties’ dispute as to what actually happened during these seven seconds is critical to the summary judgment analysis, because that dispute goes directly to the reasonableness of the troopers’ use of force. In sum, the documentary evidence in this case — the dashboard video — does not “blatantly contradict[ ]” Witt’s account of the facts; therefore, it “does not establish that the officers are entitled to summary judgment.” See York v. City of Las Cruces, 523 F.3d 1205, 1210-11 (10th Cir.2008) (refusing to direct grant of summary judgment when an audio tape recorded “only part of the incident involving the [plaintiff] and the police officers”); Blaylock, 504 F.3d at 414 (<HOLDING>); see also United States v. Hughes, 606 F.3d Options: A. holding documentary evidence did not establish that plaintiffs version of events was blatantly and demonstrably false B. holding that apparel cleaners submission of false statements of their receipts a percentage of which were to be paid to the united states did not constitute false claims within the meaning of the federal false claims act C. holding that false arrest is one means of committing false imprisonment D. holding that documentary evidence pertaining to the asylum applicant himself and to the events in which he was involved can independently establish facts essential to an asylum claim E. holding that false arrest and false imprisonment claim were not duplicative

assistant: The best answer is A. holding documentary evidence did not establish that plaintiffs version of events was blatantly and demonstrably false
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: ex-spouse or child of the debtor and not one of the three payees expressly named in the statute. In re Kline, 65 F.3d at 751. Accord, Williams v. Kemp (In re Kemp), 232 F.3d 652 (8th Cir.2000) (affirming the lower courts’ rulings that debts owed to debtor’s child’s mother for birth expenses, necessities and child support were nondisehargeable even though child’s mother was not a payee named in the statute). Pre-BAPCPA, the rule in these exception to discharge cases was equally applicable to the issue of whether a claim was entitled to priority in a chapter 13 case because identical language was used to describe both the nondisehargeable debt under section 523(a)(5) and the claim entitled to priority under 507(a)(7). Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1142 (9th Cir.1998)(<HOLDING>). Prior Sections 523(a)(5) and 507(a)(7) Options: A. recognizing district court application of the same rule B. holding that identical language in montana postconviction relief statute bars application of laches C. holding that section 92434 could be unconstitutional in application D. recognizing that application of section 507a7 should be coincidental with application of section 523a5 because of identical language in the two statutes E. recognizing that the two statutes are nearly identical

assistant: The best answer is D. recognizing that application of section 507a7 should be coincidental with application of section 523a5 because of identical language in the two statutes
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: it would appear that the trial court was right in holding the assessment was insufficient for failure to comply with the statutory requirements. Id. at 464 (emphasis added). In summary, we hold that the assessment of tax liability against the Partnership, without more, does not allow the IRS to collect those taxes directly from the individual partners. B. California Partnership Law In an attempt to avoid the time-bar on assessments, the IRS argues in the alternative that it was not requir t of the Partnership that the IRS has a right to collect against it, the IRS asserts that it may bring an action under state law to obtain a judgment holding Debtors responsible for the unpaid taxes. Cal. Corp.Code § 16307(b); see also Remington v. United States, 210 F.3d 281, 282-83 (5th Cir.2000) (<HOLDING>); United States v. W. Prods., Ltd., 168 Options: A. holding that general partners must notify limited partners of partnership opportunity to purchase adjacent property but not addressing whether 9404 requires affirmative consent of partners after such notice B. holding that under the texas uniform partnership act the government was entitled to collect the tax liability indisputably a partnership debt from any one of the general partners C. holding that under texas law limited partner could not bring breach of fiduciary duty claims without the partnership because the partners claims would be indirect and duplicative of the partnerships claims D. holding only a party to the partnership agreement can breach it and be liable for a breach of fiduciary duty relating to partnership obligations E. holding that under california law partners are personally liable for the debts and liabilities of the partnership including its tax liability

assistant: The best answer is B. holding that under the texas uniform partnership act the government was entitled to collect the tax liability indisputably a partnership debt from any one of the general partners
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of summary judgment in favor of defendant who allegedly used plaintiff's mark to trigger pop-up advertisements); Playboy Enters., Inc. v. Netscape Commc’ns Corp., 354 F.3d 1020, 1030 (9th Cir.2004) (same); J.G. Wentworth, S.S.C. Ltd. P’ship v. Settlement Funding LLC, No. 06-0597, 2007 U.S. Dist. LEXIS 288, at *14-17, 2007 WL 30115, at *5-6 (E.D.Pa. Jan. 4, 2007) (finding that use of trademark in sponsored links is use under the Lanham Act); Buying for the Home, LLC v. Humble Abode, LLC, 459 F.Supp.2d 310, 323 (D.N.J.2006) (denying defendant's motion for summary judgment on plaintiff's trademark infringement claim based on sponsored links); Edina Realty, Inc. v. TheMLSonline.com, No. 04-CV-4371 (JRT), 2006 U.S. Dist. LEXIS 13775, at *9-10, 2006 WL 737064, at *3 (D.Minn. Mar. 20, 2006) (<HOLDING>); Gov't Employees Ins. Co. v. Google, Inc., 330 Options: A. holding that a religious foundation is an enterprise engaged in commerce or in the production of goods for commerce within the meaning of the fair labor standards act B. holding that purchase of search terms is a use in commerce C. holding limited use of a mark did not constitute prior use in commerce sufficient to establish rights in the mark D. holding that robbery of proceeds intended for purchase of cocaine affected interstate commerce E. holding that commerce clause authorizes congress to punish any particular criminal action even without proof of a relation to interstate commerce when the activity is part of a class of activities determined by congress to affect interstate commerce

assistant: The best answer is B. holding that purchase of search terms is a use in commerce
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if your nintendo account is linked to such a device , you must delete your nintendo account and any other content that is personal to you from such a device before you sell or otherwise transfer this device to another person .

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: of the anchor. If the damages “arose out of the defective and unsafe condition” of the anchor, Jaenty’s claims are barred by the two-year statute of limitations. Jaenty argues that its injuries arose out of “negligent construction activities” rather than the defective and unsafe condition of the anchor and thus Jaenty’s claims should not be subject to the two-year statute of limitations. We address this issue in two ways: (1) whether the condition of the anchor was “defective and unsafe,” and (2) whether Jaenty’s alleged injuries “arose out of the condition” of the anchor. We have previously said that whether an injury arises out of a defective and unsafe condition “turns on the individual facts alleged in the complaint.” Gribel v. Andersen Corp., 489 N.W.2d 521, 523 (Minn.1992) (<HOLDING>). Here, the complaint alleged that the anchor Options: A. holding that issues decided by an intervening supreme court case need not be identical to be controlling B. holding that to be defective and unsafe an improvement need not be a risk to human health C. holding that citys policy need not be unconstitutional per se but need only cause a constitutional violation D. holding that a remedy for unsafe conditions need not await a tragic event E. holding that after alleyne v united states it is wellestablished that sentencing factors need not be charged in an indictment and need only be proved to the sentencing judge by a preponderance of the evidence

assistant: The best answer is B. holding that to be defective and unsafe an improvement need not be a risk to human health