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: Upon termination of Employee's employment prior to the expiration of the Term by reason of Employee's death, LTLLC will pay Employee's designated beneficiary or beneficiaries or Employee’s estate (collectively, the “Beneficiary”), within 30 days of Employee's death (or earlier, to the extent required by applicable law) in a lump sum in cash, (i) Employee's Base Salary from the date of Employee's death through the end of the month in which Employee's death occurs and (ii) any Accrued Obligations (as defined in Section 1(f) below). Additionally, the Beneficiary will receive the payments and benefits described in clauses (A) through (E) below, but (with respect to clauses (A) through (E) below) only if the Beneficiary timely executes and does not revoke a general release of the Company Group and its affiliates substantially in the form attached hereto as Exhibit C (the "Release"). If the Beneficiary does not execute the Release within forty-five (45) days following Employee’s Termination of Employment, or if the Beneficiary revokes the Release (the end of the permitted revocation period following execution without revocation being exercised, the "Release Effective Date"), Beneficiary’s entitlement to the payments and benefits described in clauses (A) through (E) below will immediately become null and void.

assistant: Death
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 consideration for all services rendered by Executive during the term of this Agreement, Employer shall pay Executive an annual base salary (before all customary and proper payroll deductions) of $225,000 as adjusted from time to time (“Base Salary”). The Board of Directors of the Employer shall review Executive’s salary each year, in a manner consistent with that used for all management employees of the Employer, and in its sole discretion may adjust such salary commensurate with the Executive’s performance under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a duty of care to the injured third party boils down to issues of knowledge and causation ***”). It is undisputed that Kinko’s had no such information. No duty arose, and consequently, Kinko’s cannot be liable under a negligent supervision theory. Further, Kinko’s did not undertake to supervise Albear. In fact, the majority opinion castigates Kinko’s for what it terms turning a “blind eye” to Albear’s activities. Consequently, unlike training, no duty to supervise arises because of an undertaking. See 30 C.J.S. Employer— Employee §205, at 255 (2007) (“The tort of negligent supervision is separate from those of negligent hiring and retention”); Lowe v. Surpas Resource Corp., 253 F. Supp. 2d 1209, 1245 (2003); but cf. Allen v. Posternock, 107 Pa. Super. 332, 335, 163 A. 336, 336 (1932) (<HOLDING>). Even if a duty to supervise did somehow Options: A. holding that the employer had a duty to ensure her instructions not to smoke were obeyed because inter alia she had knowledge the employee was not obeying her instructions B. holding plaintiff had exhausted sex discrimination claim because inter alia she had identified an instance of disparate treatment in an attachment to her eeo complaint C. holding that a plaintiff could not show that she engaged in protected activity because she did not present evidence that she informed her employer that her complaints were based on race or age discrimination D. holding that the plaintiffs evidence of pretext which included but was not limited to her supervisors statement that she had enough of the plaintiff going to her supervisor about her was not sufficient to preclude summary judgment E. holding that employee had sufficient notice because she knew in advance of her termination that the county attorney proposed to eliminate her job

assistant: The best answer is A. holding that the employer had a duty to ensure her instructions not to smoke were obeyed because inter alia she had knowledge the employee was not obeying her instructions
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: under armour supports and encourages athletes of all ages , but you must be at least 13 to use most of the services , and at least 18 to use under armour shopping and myfitnesspal .

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: combined in a single agency. Our own research indicates that Mr. Long’s argument is without merit. We previously addressed the combination of investigatory, enforcement, and adjudicative functions in the context of school disciplinary proceedings in Heyne v. Metro. Nashville Board of Public Education, 380 S.W.3d 715, 735 (Tenn.2012), and found that the merging of these functions comports with due process. As we explained: Due process does not require all the structural safeguards in administrative and civil ad t, 297 Mont. 493, 995 P.2d 923, 928 (2000) (rejecting claim that Montana’s attorney disciplinary system violated due process principles because investigatory and enforcement authority were combined in one agency). But see Tweedy v. Okla. Bar Ass’n, 624 P.2d 1049, 1054-55 (1981) (<HOLDING>). In Tennessee’s attorney disciplinary system, Options: A. holding that the district court lacked jurisdiction to review state disciplinary proceedings against attorney B. holding that the oklahoma supreme court under due process principles could not order the reinvestigation of an attorney disciplinary grievance but also noting that the board of governors of the state bar could review the matter C. holding that taxpayer could not have presented substantive due process claim to the board of assessment review because of the limited jurisdiction of that board D. holding that due process requires that the findings and actions of a disciplinary prison board be supported by some evidence in the record E. holding that the fact that the members of the grievance committee and the disciplinary counsel are appointed by the supreme court is not enough by itself to establish a per se violation of due process

assistant: The best answer is B. holding that the oklahoma supreme court under due process principles could not order the reinvestigation of an attorney disciplinary grievance but also noting that the board of governors of the state bar could review the matter
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) Except as permitted by Sections 9.5(c)(i) and (c)(xvi) of the Second Amended and Restated Credit Agreement, such Grantor will, or will use its commercially reasonable efforts to cause its licensees to, (i) continue to use each Material Trademark in order to maintain such Material Trademark in full force free from any claim of abandonment for non-use, (ii) maintain in all material respects as in the past the quality of all products and services offered under any Material Trademark, (iii) use each Material Trademark with all appropriate notices of registration and all other notices and legends required by applicable Requirements of Law, (iv) not adopt or use any new mark, or any mark which is confusingly similar or a colorable imitation of a Trademark included in the Collateral unless the Administrative Agent, for the ratable benefit of the Secured Parties, shall obtain a perfected security interest in such mark pursuant to this Agreement, and (v) not (and will use commercially reasonable efforts to prohibit any licensee or sublicensee thereof to) do any act or knowingly omit to do any act whereby a Material Trademark could reasonably be expected to become invalidated or diluted in any way, except, in each case, as could not reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall not sell, offer for sale or solicit offers to buy or otherwise negotiate in respect of any security (as defined in Section 2 of the Securities Act) that would be integrated with the offer or sale of the Securities to the Purchasers in a manner that would require the registration under the Securities Act of the sale of the Securities to the Purchasers or that would be integrated with the offer or sale of the Securities for purposes of the rules and regulations of any Trading Market.

assistant: Integration
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: nuanced analysis. See Summers, 666 F.3d at 202 (“[T]he report invited the jurors’ attention to the data’s numerical identifiers. Admission of the report presented, an unnecessary risk that the jury would improperly evaluate the DNA evidence based on its lay perceptions of what the data meant rather than on [the witness’s] expertise and any potential inaccuracies in his conclusions that might be developed on cross-examination”). The allele table articulated by numerical identifiers the DNA profiles of defendant and decedent, as well as that of the bloodstains found on evidence seized from the scene of the crime. These “statements” clearly constituted solemn declarations made for the primary purpose of establishing facts relevant to a criminal prosecution. Bullcoming, 131 S.Ct. at 2716 (<HOLDING>). The DNA testing was performed to aid the Options: A. holding that statements were testimonial in nature because they were incontrovertibly affirmations made for the purpose of establishing or proving some fact in a criminal proceeding quoting melendezdiaz 129 sct at 2532 B. holding inculpatory forensic lab certificates testimonial but noting that blusiness and public records are generally admissible absent confrontation becausehaving been created for the administration of an entitys affairs and not for the purpose of establishing or proving some fact at trialthey are not testimonial C. holding that the litigation privilege did not preclude a malicious prosecution claim where the accusatorial statements that led to the plaintiffs arrest were made before the charges against him were filed and were not made during and were unrelated to the judicial proceeding D. holding that parts of the adult sexual assault victims statement to emergency room personnel that described the nature of the alleged attack and the cause of her symptoms and pain were not testimonial because they fell into the category of statements made by a patient with a selfish interest in treatment and were not accusatory in nature internal quotation marks and citation omitted E. holding that although the victims initial statements were nontestimonial the victims later statements to the police and her neighbor were testimonial because the primary purpose of the questioning was investigatory there was no indication of a continuing danger and the statements recounted how the potentially criminal past events began and progressed

assistant: The best answer is A. holding that statements were testimonial in nature because they were incontrovertibly affirmations made for the purpose of establishing or proving some fact in a criminal proceeding quoting melendezdiaz 129 sct at 2532
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: appearance of the advertisements and the surrounding context of the screen displaying the search results—is the most critical in determining whether a likelihood of confusion exists in cases where the defendant has used a competitor’s mark as a keyword search term. Id.; see also 1-800 Contacts, 722 F.3d at 1245. OxBlue has not addressed any of these factors, let alone presented any evidence of a likelihood of confusion based on these factors. There is no evidence of the labeling and appearance of Work Zone Cam’s advertisements and the surrounding context of the screen displaying the search results. Nor is there any evidence in the record on how often customers were lured to the Work Zone Cam’s website when they searched for OxBlue on the Internet. See 1-800 Contacts, 722 F.3d at 1244 (<HOLDING>). No evidence has been presented that would Options: A. holding that concurrent use of same mark on similar product was sufficient to demonstrate a likelihood of confusion B. holding that since we have already held that the concurrent use of plaintiffs mark by the defendants creates the likelihood of confusion the inescapable conclusion is that there was also irreparable injury C. holding that as in an action alleging infringement of a mark likelihood of confusion is the essence of an unfair competition claim D. holding that even several isolated incidents of actual confusion are insufficient to support a finding of likelihood of confusion E. holding that there was no likelihood of initial interest confusion because an expert report showed that customers clicked on the defendants advertisement only 15 of the time that an advertisement was generated by an infringing keyword search term

assistant: The best answer is E. holding that there was no likelihood of initial interest confusion because an expert report showed that customers clicked on the defendants advertisement only 15 of the time that an advertisement was generated by an infringing keyword search term
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 closing of the sale of Shares contemplated hereby (the “ Closing ”) shall occur immediately prior to and on the day of the closing of the Nexeo Business Combination. Upon not less than two (2) business days’ written notice from (or on behalf of) the Company to the undersigned (the “ Closing Notice ”) that the Company reasonably expects the closing of the Nexeo Business Combination to occur, the undersigned shall deliver as soon as reasonably practicable on the date of the Closing specified in the Closing Notice (and prior to the closing of the Nexeo Business Combination) to an account designated by the Company, the subscription amount for the Shares subscribed by wire transfer of United States dollars in immediately available funds. Prior to the date of Closing specified in the Closing Notice, the Company shall deliver (or cause the delivery of) the Shares in book entry or certificated form to the undersigned or to a custodian designated by the undersigned, as applicable, to be held by the undersigned (or a custodian designated by the undersigned , as the case may be) pending completion of the Closing. Upon satisfaction of the conditions set forth in Section 3 below, the Company shall notify the undersigned in writing that the Closing has been completed. If the subscription is rejected in whole or in part by the Company or if the Merger Agreement is terminated or cancelled prior to the Closing, any payment of the subscription amount made prior to termination by the undersigned will be returned immediately, without interest, by the Company, and any stock certificate(s) issued by the Company to the undersigned representing the Shares will be returned immediately by the undersigned to the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The capitalization of the Company is as set forth in the SEC Reports and Schedule 3.1(f) of the Disclosure Schedules. The Company has not issued any capital stock since its most recently filed periodic report under the Exchange Act, other than pursuant to the exercise of employee stock options and the vesting of restricted stock units under the Company’s equity incentive plans and pursuant to the conversion or exercise or exchange of Common Stock Equivalents. No Person has any right of first refusal, preemptive right, right of participation, or any similar right to participate in any transaction pertaining to the Company’s capital stock. Except as set forth in the SEC Reports or Schedule 3.1(f) of the Disclosure Schedules, and except for outstanding awards under the Company’s equity incentive plans, there are no outstanding options, warrants, script rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities, rights or obligations convertible into or exercisable or exchangeable for, or giving any Person any right to subscribe for or acquire, any shares of Common Stock, or contracts, commitments, understandings or arrangements by which the Company is or may become bound to issue additional shares of Common Stock or Common Stock Equivalents. The issuance and sale of the Securities will not obligate the Company to issue shares of Common Stock or other securities to any Person (other than the Purchasers) and will not result in a right of any holder of Company securities to adjust the exercise, conversion, exchange or reset price under such securities. The issuance and sale of the Securities will not obligate the Company to issue shares of Common Stock or other securities to any Person (other than the Purchasers) and will not result in a right of any holder of Company securities to adjust the exercise, conversion, exchange or reset price under any of such securities. There are no outstanding securities or instruments of the Company that contain any redemption or similar provisions, and there are no contracts, commitments, understandings or arrangements by which the Company is or may become bound to redeem a security of the Company. All of the outstanding shares of capital stock of the Company are validly issued, fully paid and nonassessable, have been issued in compliance with all federal and state securities laws, and none of such outstanding shares was issued in violation of any preemptive rights or similar rights to subscribe for or purchase securities. No further approval or authorization of any stockholder, the Board of Directors or others is required for the issuance and sale of the Securities. There are no stockholders agreements, voting agreements or other similar agreements with respect to the Company’s capital stock to which the Company is a party or, to the knowledge of the Company, between or among any of the Company’s stockholders.

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 legal provision and list the applicable contract clause categories. Provision: The Term shall commence on the Effective Date, and be effective for a period of one (1) year. At the end of the first one (1) year period or any subsequent one (1) year period, the Term shall automatically be renewed for an additional one (1) year period, unless terminated by either party. Either party may terminate this Agreement with or without cause upon forty-eight (48) hours notice to the other party; provided, however, that Lessee shall be permitted to complete any scheduled use of the Aircraft which has commenced.

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: delivery of the parcel. Once the beeper alerted, indicating that the package had been opened, Honolulu police officers executed the search warrant, recovered the parcel, and arrested Hernandez. After Hernandez was advised of her Miranda rights, she signed a statement of rights and waiver form. Prior to signing the waiver form, Hernandez wrote, “I think I want to answer questions at this time with out [sic] a lawyer.” She then provided a statement implicating herself and her co-defendants as being involved in a conspiracy to possess crystal methamphetamine with intent to distribute it. After her statement was typed, Hernandez reviewed it, and initialed the beginning and end of each paragraph. On May 31, 2000, Hernandez filed a motion to suppress the c S.Ct. 2395, 65 L.Ed.2d 410 (1980) (<HOLDING>); United States v. Gill, 280 F.3d 923, 929 (9th Options: A. holding that an fbi agents investigation of the written contents of a notebook that was lawfully in the possession of the fbi constituted a search that violated the defendants fourth amendment rights B. holding that the sca violates the fourth amendment to the extent that it allows government agents to obtain the contents of emails without a warrant C. holding that insurance investigators were not agents of the government for fourth amendment purposes because they had an independent reason to investigate the scene D. holding that even though federal agents obtained mailed packages of videos lawfully they nevertheless violated the fourth amendment when they viewed the videos without a warrant E. recognizing cause of action for damages against federal agents acting under their authority who allegedly violated plaintiffs fourth amendment rights

assistant: The best answer is D. holding that even though federal agents obtained mailed packages of videos lawfully they nevertheless violated the fourth amendment when they viewed the videos without a warrant
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 to each assignment shall deliver to the Administrative Agent (A) a duly executed Assignment and Acceptance, (B) a processing and recordation fee of $3,500, (C) an Administrative Questionnaire unless the assignee is already a Lender and (D) the documents required under Section 2.21(e) if such assignee is a Foreign Lender.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: remedy of coram nobis is a viable means for challenging criminal convictions. It may be used when no other remedy is available, but may not be used to supplant relief through direct appeal, post-judgment motion or PCR petition. ¶ 17. Applying this principle to defendant’s situation, we conclude that defendant was eligible to file a PCR petition and thus precluded from seeking relief through coram nobis. A person “who is in custody under sentence” may bring a PCR petition “to vacate, set aside or correct the sentence.” 13 V.S.A. § 7131. A person is “in custody” for purposes of the PCR statute if he is serving a sentence enhanced by the challenged conviction. In re Stewart, 140 Vt. 351, 359-60, 438 A.2d 1106, 1109 (1981); see State v. Boskind, 174 Vt. 184, 192, 807 A.2d 358, 365 (2002) (<HOLDING>). ¶ 18. Thus, although defendant is no longer Options: A. holding that due to statute defendant cannot collaterally attack prior convictions used to enhance sentence unless in violation of the right to counsel B. holding that prior felony drug convictions that fall within the conspiracy period may be used to enhance the defendants sentence if the conspiracy continued after his earlier convictions were final C. holding that where defendants seek to challenge predicate convictions used to enhance current sentence proper avenue for relief is through pcr proceeding D. holding that 5g13c applied where defendants undischarged sentence resulted from multiple convictions only one of which was used to enhance his instant sentence E. holding amended language gives district courts discretion to permit collateral attack on prior convictions used to enhance sentence

assistant: The best answer is C. holding that where defendants seek to challenge predicate convictions used to enhance current sentence proper avenue for relief is through pcr proceeding
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 be binding upon the successors and assigns of the Parties and the name of a Party appearing herein shall be deemed to include the names of its successors and assigns. Company may not assign its interest under this Agreement (including the Quality Agreement) without the prior written consent of LBIO, such consent not to be unreasonably withheld. Notwithstanding the above, LBIO may, without Company’s prior consent, assign this Agreement, in whole or in part, to LBIO’s Affiliates or to any entity that may acquire substantially all of the assets of LBIO to which this Agreement relates. This Agreement shall be binding upon, and inure to the benefits of, the Parties hereto and their respective successors and assigns. Any permitted assignment of this Agreement by either Party will be conditioned upon that Party’s permitted assignee agreeing in writing to comply with all the terms and conditions contained in this Agreement, the Statements of Work, the Quality Agreement and all Laws. No assignment shall relieve any Party of responsibility for the performance of any obligation that accrued prior to the effective date of such assignment. None of the provisions of this Agreement shall be for the benefit of or enforceable by any Third Party, including any creditor of either Party hereto. No such Third Party shall obtain any right under any provision of this Agreement or shall by reasons of any such provision make any claim in respect of any debt, liability or obligation (or otherwise) against either Party hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 697, 698, 759 P.2d 335, 336 (1988) (per curiam) (“There is no authority, statutory or otherwise, that allows avoidance of the will contest limitation by designating an action as one on a claim or for a declaratory judgment based on purported invalidity of a will.”); Lipsey v. Lipsey, 660 S.W.2d 149, 150 (Tex.App.1983) (“[W]e hold the validity of the entire will cannot be ques tioned through a declaratory judgment proceeding.”); Howard Hughes Med. Inst. v. Lummis, 596 S.W.2d 171, 173 (Tex.Civ.App.1980) (“To allow the declaratory judgment mechanism to determine the validity of HHMI’s claim that a valid will exists would impermissibly subvert the statutory scheme and time limitations established by the probate code.”); Henry v. Cottingham, 253 S.C. 286, 293, 170 S.E.2d 387, 391 (1969) (<HOLDING>); Farthing v. Farthing, 235 N.C. 634, 635, 70 Options: A. holding that an action challenging the validity of a will may not be brought under ohios declaratory judgment act B. holding that the declaratory judgment act is remedial only and the party seeking declaratory relief must have an underlying cause of action C. holding that a claim for a declaratory judgment which sought nullification of a probate courts orders is precisely the type of claim encompassed by the rookerfeldman doctrine D. holding that south carolinas declaratory judgment act is not a vehicle for the nullification of such instruments nor is it a substitute or alternate method of contesting the validity of wills E. holding that the declaratory judgment act is a procedural device

assistant: The best answer is D. holding that south carolinas declaratory judgment act is not a vehicle for the nullification of such instruments nor is it a substitute or alternate method of contesting the validity of wills
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: before this Court. The record reveals that appellant never raised Brady in his motion before the trial court. Under Rule 8-131(a), this Court “[o]rdinarily ... will not decide [an] issue unless it plainly appears by the record to have been raised in or decided by the trial court.” Although Rule 8-131(a) does give the Court limited discretion to address an issue not raised below, I find it inappropriate to exercise that discretion in this case. See Abeokuto v. State, 391 Md. 289, 328, 893 A.2d 1018, 1042 (2006) (stating that ineffective assistance of counsel claim more properly raised in post-conviction proceeding because, ordinarily, the trial record does not illuminate the basis for the challenged acts or omissions of counsel). Cf. Keeter v. State, 175 S.W.3d 756 (Tex.Crim.App.2005) (<HOLDING>). In appellant’s motion for a new trial, he Options: A. holding that defendant must request continuance and present brady complaint in motion for new trial to preserve complaint for appellate review B. holding brady challenge not preserved because trial court never ruled on complaint C. holding that because defendant never mentioned brady in motion for new trial appellate court would not consider the issue D. holding that because a claim was never raised in the district court this court would not consider it for the first time on appeal E. holding appellants issue was rendered moot because appellant was given the opportunity to make a record in support of his motion for new trial and appellate court considered that record in disposing of only issue raised in the motion for new trial

assistant: The best answer is C. holding that because defendant never mentioned brady in motion for new trial appellate court would not consider the issue
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 is a corporation duly organized, validly existing, and in good standing under the laws of the State of Nevada and has full corporate power and authority to enter into and perform its obligations under this Agreement, and to own its properties and to carry on its business in all jurisdictions as presently conducted and as proposed to be conducted.

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: 340). California courts have uniformly rejected IIED claims related to foreclosure actions, including allegedly wrongful foreclosure. See, e.g., Baidoobonso-Iam v. Bank of America, No. CV 10-9171, 2011 WL 5870065, at *5 (C.D.Cal. Nov. 22, 2011) (“to the extent that Collier’s claim is solely predicated on the foreclosure of his property, California courts have held that such conduct does not state a claim for intentional infliction of emotional distress.”); Smith v. Wachovia, No. C 09-01300, 2009 WL 1948829, at *4 (N.D.Cal. July 6, 2009) (allegations that defendant “wrongfully and intentionally initiated non-judicial foreclosure proceedings” were “not so extreme as to exceed the bounds of civilized society”); Davenport v. Litton Loan Servicing, LP, 725 F.Supp.2d 862, 884 (N.D.Cal.2010) (<HOLDING>). Plaintiff provides no response to Defendant’s Options: A. holding that tobacco companies statements that they would report on the results of their research into the health effects of cigarettes were not an undertaking to warn customers of those effects B. holding that the sound of a television on the inside of the house and the presence of a car in the driveway were sufficient to form the basis of the reasonable belief that the suspect was in the home C. holding that the legal incidence of the kansas fuel tax falls on the distributor D. holding that when a person entrusts effects to another and the police discover those effects in the others home by means of a search that violates article i section 9 the search also violates the entrustors rights under article i section 9 E. holding that the act of foreclosing on a home falls shy of outrageous however wrenching the effects on the borrower

assistant: The best answer is E. holding that the act of foreclosing on a home falls shy of outrageous however wrenching the effects on the borrower
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but all of which shall constitute one and the same instrument. Delivery of executed counterparts of this Amendment by telecopy or pdf shall be effective as an original.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. INS, 863 F.2d 1458, 1459 (9th Cir.1988). The INS does not carry that burden in this case. The INS offers several reasons for why its defense of the BIA’s decision was substantially justified. The most significant of these is the INS’s claim that the central issue of this appeal — the nature and quantum of evidence required to establish persecution on account of political opinion where the record contains evidence of other motives for persecution — was a unique issue of first impression. This statement is plainly wrong. Far from presenting an issue of first impression, this case was controlled by our previous decision in Harpinder Singh v. Ilchert, 63 F.3d 1501 (9th Cir.1995). We stated this in our opinion granting Ratnam’s petition for review. See Ratnam, 154 F.3d at 996 (<HOLDING>). Following Harpinder Singh’s legal analysis, Options: A. holding that stare decisis is not applicable unless the issue was squarely addressed in a prior decision B. holding that state law controlled damage issues C. holding that stare decisis does not apply unless the question at issue was squarely addressed in prior decisions D. holding in sensenbremer squarely on point in eifs case E. holding that the case was squarely controlled by harpinder singh

assistant: The best answer is E. holding that the case was squarely controlled by harpinder singh
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 jury should have found that Dr. Callahan misplaced three out of four pedicle screws in Mr. Bair’s spine during the surgery. If the jury had chosen not to credit the testimony of Dr. Callahan and Dr. Cusick, there certainly was ample evidence to support a Plaintiffs’ verdict. However, if the jury credited the testimony of Dr. Callahan and Dr. Cusick and the evidence presented by Dr. Callahan, then the jury reasonably could have found that the evidence and testimony at trial did not establish Dr. Callahan’s negligence by the greater convincing force of the evidence. Ultimately, the jury determined that the expert testimony at trial did not establish negligence on the part of Dr. Callahan by the greater convincing force of the evidence. See Boesing, 540 F.3d at 890 (8th Cir.2008) (<HOLDING>). Even if this Court would have made different Options: A. holding that district court did not abuse discretion in denying motion for new trial because nonmovant presented sufficient evidence at trial for the district court to conclude that the outcome was not against the great weight of the evidence so as to constitute a miscarriage of justice B. holding that the district court did not abuse its discretion in denying motion for new trial based on newly discovered evidence where the evidence would serve only to impeach testimony C. holding that the district court should grant a motion for a new trial when the verdict is against the clear weight of the evidence or will result in a miscarriage of justice emphasis added D. holding trial court did not abuse discretion in denying motion for new trial by operation of law because motion was not properly presented even though a notice of presentment was filed and the docket sheet contained an entry for the motion having been filed E. holding that the district court did not err in finding the record sufficient to conclude prior conviction qualified as a violent felony for purposes of the acca as the evidence was sufficient to conclude the criminal action charged in one court was the basis for a judgment against the defendant in a different court

assistant: The best answer is A. holding that district court did not abuse discretion in denying motion for new trial because nonmovant presented sufficient evidence at trial for the district court to conclude that the outcome was not against the great weight of the evidence so as to constitute a miscarriage of justice
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 461 U.S. 477 103 S.Ct. 2076 76 L.Ed.2d 330 BOSTON FIREFIGHTERS UNION, LOCAL 718, petitioner,v.BOSTON CHAPTER, NAACP, et al. BOSTON POLICE PATROLMEN'S ASSOCIATION, INC., petitioner, v. Pedro CASTRO et al. Nancy B. BEECHER, et al., petitioners, v. BOSTON CHAPTER, NAACP, et al No. 82-185 No.82-246 No.82-259 Supreme Court of the United States May 16, 1983 On writs of certiorari to the United States Court of Appeals for the First Circuit. PER CURIAM. 1 In these cases, the United States Court of Appeals for the First Circuit upheld the District Court's August 7, 1981 orders enjoining the Boston Police and Fire Departments from laying off policemen and firefighters in a manner that would reduce the percentage of minority officers below the level obtaining at the commencement of layoffs in July, 1981. 679 F.2d 965 (1982). These orders had the effect of partially superseding the operation of the state's statutory last-hired, first-fired scheme for civil service layoffs, Mass.Gen. Laws Ann. ch. 31, § 39. Following the Court of Appeals' decision, Massachusetts enacted legislation providing the City of Boston with new revenues, requiring reinstatement of all police and firefighters laid off during the reductions in force, securing these personnel against future layoffs for fiscal reasons, and requiring the maintenance of minimum staffing levels in the police and fire departments through June 30, 1983. See 1982 Mass. Acts, c. 190, § 25. In light of these changed circumstances, we vacate the judgment of the Court of Appeals and remand for consideration of mootness in light of 1982 Mass. Acts, c. 190, § 25. 2 It is so ordered. 3 Justice MARSHALL took no part in the consideration or decision of these cases.

assistant: 9
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be amended only by means of a written amendment signed by the Partnership and the Holders of a majority of the then outstanding Registrable Securities; provided , however , that no such amendment shall materially and adversely affect the rights of any Holder hereunder without the consent of such Holder.

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: Such Backstop Party has the full power and authority to execute, deliver and perform this Agreement and to perform its obligations hereunder. This Agreement has been duly approved by all necessary action of such Backstop Party, as applicable, has been executed by persons duly authorized, and constitutes a valid and legally binding obligation of such Backstop Party, enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or other Laws of general applicability affecting the rights of creditors and by general equitable principles.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither Buyer nor its Affiliates has any liability or obligation to pay fees or commissions to any broker, finder or agent with respect to the transactions contemplated hereby for which Seller (or, before Closing, the Company) could become liable or obligated.

assistant: Brokers
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 constitutes the sole agreement of the patties regarding Officer's benefits in the event of termination or Change in Control and together with Umpqua's employee handbook governs the terms of Officer's employment. Where there is a conflict between the employee handbook and this Agreement, the terms of this Agreement shall govern. This Agreement supersedes all prior oral and written agreements between the Officer and Umpqua, Sterling or any of their respective affiliates or representatives of Umpqua regarding the subject matters set forth herein.

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: argue that the harassment that they suffered when younger and the threats to their lives from Mr. Sibuea’s mother’s family constitute past persecution. We agree with the IJ that these incidents do not rise to the level of persecution. “Although persecution is not defined in the INA, we have held that a finding of persecution requires the infliction of suffering or harm upon those who differ (in race, religion, or political opinion) in a way regarded as offensive and must entail more than just restrictions or threats to life and liberty.” [Wiransane, 366 F.3d at 893] (internal quotation omitted). Compare Tulengkey, 425 F.3d at 1281 (finding no past persecution where alien was robbed, fondled, and suffered a minor head injury); Kapcia v. INS, 944 F.2d 702, 704-05, 708 (10th Cir.1991) (<HOLDING>); and Lie v. Ashcroft, 396 F.3d 530, 536 (3d Options: A. holding that alien who had received numerous death threats and whose colleagues were murdered by the military had not proven past persecution B. holding no past persecution where alien had twice been detained for twoday periods during which he was beaten and interrogated whose parents home had been searched whose work locker had been repeatedly broken into and who had been assigned poor work tasks denied bonuses and conscripted into the army where he was constantly harassed C. holding that where a witness had been convicted seventeen years earlier but had been given probation and had not been confined the date of the conviction controlled D. holding that petitioner was entitled to cat relief where he had been tortured in the past for speaking out about war country conditions had deteriorated since he fled army had continued to look for him and had engaged in reprisals against his family E. holding that an applicant who had been detained for 36 hours and suffered a beating by the police but without serious injury had not been persecuted

assistant: The best answer is B. holding no past persecution where alien had twice been detained for twoday periods during which he was beaten and interrogated whose parents home had been searched whose work locker had been repeatedly broken into and who had been assigned poor work tasks denied bonuses and conscripted into the army where he was constantly harassed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 3.1(jj) , there is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “ Action ”) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Securities or (ii) could, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect, and neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer of the Company. The Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act.

assistant: Litigations