flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: law and Michigan law; however, neither of these states banned class actions outright. In fact, the Tennessee law was silent on the questions of class actions and the Michigan law under consideration allowed class actions, but with certain requirements that were additional to those set forth in Rule 23. In contrast, federal courts considering the laws of the states at issue here have concluded that class actions were precluded in federal courts based on the respective state law bans. See e.g., In re Pharm. Indus. Average Wholesale Price Litig., 230 F.R.D. 61, 84 (D.Mass.2005) (excluding consumers from Alaska, Georgia and Montana from class because consumer protection statutes in those state prohibit class actions); O’Quin v. Verizon Wireless, 256 F.Supp.2d 512, 519 (M.D.La.2003) (<HOLDING>). Accordingly, the Court will grant Defendants’ Options: A. holding the court was not required to decide the issue of whether the district court properly certified a rule 23b2 class because the court already concluded that the district court appropriately certified the class under rule 23b3 citing authority for the proposition that a court need only find that a class action may be maintained under any of the three subdivisions B. holding that a class could not be certified because the definition made class members impossible to identify prior to individualized factfinding and litigation and thereby failed to satisfy one of the basic requirements for a class action under rule 23 C. holding that in the absence of an express provision excluding class actions from arbitration an individual claimant could not get out of his agreement to arbitrate simply by filing his claims in a class action D. recognizing louisianas ban on class actions and expressing view that plaintiffs could not get a class certified under that particular law in either state or federal court E. holding that a district of columbia consumer protection statute that authorized representative actions and did not reference class action requirements or mandate class certification was a separate and distinct procedural vehicle from a class action and thus did not constitute a class action under cafa

assistant: The best answer is D. recognizing louisianas ban on class actions and expressing view that plaintiffs could not get a class certified under that particular law in either state or federal court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: invalid. See In re Estate of Elam, 738 S.W.2d 169, 173 (Tenn. 1987); see also Richmond v. Christian, 555 S.W.2d 105, 107 (Tenn. 1977). Furthermore, Mr. Burns would have had the burden to prove by clear and convincing evidence that the deed was fair to the decedent. See Ralston v. Hobbs, 306 S.W.3d 213, 227-28 (Tenn. Ct. App. 2009). Significantly, however, the jury was not informed of the presumption that some improper advantage was taken of the decedent or that it was Mr. Burns’ burden to prove by clear and convincing evidence that the conveyance of the property was fair to the decedent. For these reasons, the trial court’s answer and the supplemental jury instruction failed to constitute a complete and correct charge of the law. See State v. Dorantes, 331 S.W.3d 370, 390 (Tenn. 2011) (<HOLDING>). Therefore, the answer and supplemental Options: A. recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights B. holding that the constitutional guarantee of a right to trial by jury includes the right to a complete and correct charge of the law so that each issue of fact raised by the evidence will be submitted to the jury on proper instructions C. recognizing that instructions must be correct and complete D. holding that the sixth amendments guarantee of a trial by jury requires the jury to base its verdict only on the evidence presented at trial E. holding that the constitutional right to a speedy trial includes the right to a reasonably prompt sentencing

assistant: The best answer is B. holding that the constitutional guarantee of a right to trial by jury includes the right to a complete and correct charge of the law so that each issue of fact raised by the evidence will be submitted to the jury on proper 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 case excerpt and choose the best holding from the options. Case excerpt: awarded on the ground that they had filed a joint memorandum on the so-called “Midvale issue” and that they had shared the decisions relating to discovery and production of documents. The total award was $30,604.75. Cellular, CRCI, CRCO, and PTCI appeal the judgment on the merits and the award of sanctions. ANALYSIS The Merits [1] The Attempted Recision. The sole evidence submitted by CRCO as to its attempted recision of its refusal of the NewVeetor interest in the Partnership was its version of the conversation with outside counsel for Oregon RSA. As the district court pointed out, the lawyer’s response was far from clear, so that there was no acceptance of an offer, if indeed an offer was being made. See C.R. Shaw Wholesale Co. v. Hackbarth, 102 Or. 80, 201 P. 1066, 1067 (1921) (<HOLDING>). Neither was there any consideration for this Options: A. holding that the interpretation of an unambiguous contract is a question of law B. holding that acceptance of an option must be unqualified absolute unconditional unequivocal unambiguous positive without reservation and according to the terms of the option C. holding that under oregon law an agreement must be supported by consideration to be legally enforceable D. holding that under oregon law an acceptance of an offer must be positive unconditional unequivocal and unambiguous E. holding that a valid contract requires acceptance of an offer

assistant: The best answer is D. holding that under oregon law an acceptance of an offer must be positive unconditional unequivocal and unambiguous
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All representations, warranties, covenants, and agreements herein contained shall inure to the benefit of and be obligatory upon all successors of the respective parties hereto, whether through merger, acquisition or purchase of assets substantially equivalent to an acquisition, and, subject to Sections 4.01(b) , 9.01 and 9.02 , shall survive the sale of any Purchased Loans hereunder and any termination of this Agreement.

assistant: Successors
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: One Stone shall execute and deliver (i) an assignment of membership interests in form and substance reasonably satisfactory to Magellan to convey 100% of the outstanding Poplar Membership Interests to One Stone; (ii) an assignment of common units in form and substance reasonably satisfactory to Magellan to convey the Purchased Utah CO2 Common Units to One Stone; and (iii) an assignment and assumption agreement or agreements in form and substance reasonably satisfactory to Magellan to assign the Required Assigned Contract to One Stone.

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 legal provision and list the applicable contract clause categories. Provision: Each Borrower (a) will pay and discharge, and cause each Subsidiary to pay and discharge, on a timely basis as and when due, all of their respective obligations and liabilities (excluding Taxes), except for such obligations and/or liabilities (i) that may be the subject of a Permitted Contest, and (ii) the nonpayment or nondischarge of which could not reasonably be expected to have a Material Adverse Effect or result in a Lien against any Collateral, except for Permitted Liens, (b) pay all amounts due and owing in respect of Taxes (including without limitation, payroll and withholdings tax liabilities) on a timely basis as and when due, and in any case prior to the date on which any fine, penalty, interest, late charge or loss may be added thereto for nonpayment thereof, except for such Taxes (i) that may be the subject of a Permitted Contest, and (ii) the nonpayment or nondischarge of which could not reasonably be expected to have a Material Adverse Effect or result in a Lien against any Collateral, except for Permitted Liens, (c) will maintain, and cause each Subsidiary to maintain, in accordance with GAAP, appropriate reserves for the accrual of all of their respective obligations and liabilities, and (d) will not breach or permit any Subsidiary to breach, or permit to exist any default under, the terms of any lease, commitment, contract, instrument or obligation to which it is a party, or by which its properties or assets are bound, except for such breaches or defaults which could not reasonably be expected to have a Material Adverse Effect.

assistant: Payments
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 new statutes, public hospitals are given the power “to provide for contracts of employment or contracts for services and ownership of property on terms that will protect the public interest.” Miss.Code Ann. § 41-13-35(5)(n) (Supp.1988). Furthermore, under the new statutory scheme, the administrator of the community hospital is given the power “to employ and discharge employees, as needed for the efficient performance of the business of the community hospital and prescribe their duties.” Miss.Code Ann. § 41-13-36 (Supp.1988). The appellants argue that the qualifying language added to the statutes restricts the power of community hospitals to terminate their employees and bestows a property interest on such employees. See, e.g., In re Bishop, 211 Miss. 518, 52 So.2d 18, 19-20 (1951) (<HOLDING>); see also McDonald v. Mims, 577 F.2d 951, Options: A. holding that a mississippi statute providing that employees could be terminated only for cause establishes a property interest under the fourteenth amendment B. holding that statute providing the power to remove deputy sheriffs when the public interest will be served thereby allows removal only for cause C. holding that a public employee who may only be terminated for cause has a property interest in his position that is protected by the 14th amendment D. recognizing the public interest exception E. recognizing a public policy against discrimination but not providing for an independent cause of action

assistant: The best answer is B. holding that statute providing the power to remove deputy sheriffs when the public interest will be served thereby allows removal only for cause
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 shall use their best efforts to close the transaction contemplated by this Agreement on or before September __, 2017, however the transaction shall be made effective September 1, 2017. However, closing may be postponed if additional time is needed to obtain title opinions upon the Leases, or if any title defect is discovered during Buyer’s due diligence; provided however, closing shall not be postponed more than 30 days after September 1, 2017 without the consent of both parties. The closing shall take place at a location and on a date and at a time to be mutually agreed upon by the Parties. At closing Buyer shall tender the Purchase Price less any other adjustments of the Purchase Price specifically provided for herein, and Seller shall deliver the fully executed Assignment and Bill of Sale in the form attached hereto as Exhibit ‘C’ together with all files and records pertaining to the Leases, including but not limited to drilling data, electric logs, lease files, land files, well files, division order files, geophysical data, maps, regulatory files, title opinions and records drillers logs, reserve reports appraisals, evaluations, studies, or any other documents prepared for or in any way relating to the Leases, executed titles for vehicles which require a paper title and executed bills of sale for all vehicles, equipment and rolling stock which do not require a paper title, to Buyer at closing.

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 proceeds of the Revolving Credit Advances, the Swing Line Advances and the Letters of Credit shall be utilized to provide financing for working capital, Capital Expenditures and other general corporate purposes of the Borrower and its Subsidiaries. The proceeds of the Initial Term A Advances shall only be utilized to provide financing for general corporate purposes of the Borrower and its Subsidiaries, including the repurchase and/or repayment of the 2021 Senior Notes. The proceeds of the 2018 New Term A Advances and the 2018 New Term B Advances shall be utilized to finance the GrazianoFairfield Acquisition and to pay all related fees and expenses.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in addition , airbnb may ( i ) keep the calendar for the listing unavailable or blocked for the dates of the cancelled booking , and/or ( ii ) impose a cancellation fee , unless the host has a valid reason for cancelling the booking pursuant to airbnb 's extenuating circumstances policy or has legitimate concerns about the guest 's behavior .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This First Amendment may be executed in counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single agreement. Delivery of an executed counterpart of a signature page of this First Amendment by facsimile or other electronic imaging means (e.g., in “pdf” or “tif” format) shall be effective as delivery of a manually executed counterpart of this First Amendment.

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 legal provision and list the applicable contract clause categories. Provision: Capitalized terms that are used but are not otherwise defined in this Agreement have the meanings assigned to them in the Sale and Servicing Agreement, dated as of October 4, 2017, by and among the Issuer, the Seller, the Servicer and The Bank of New York Mellon, a New York banking corporation, as Trust Collateral Agent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: provide “bare facts” instead of demonstrating that an offender’s guilty plea was based on that conduct. Huerta-Guevara v. Ashcroft, 321 F.3d 883, 888 (9th Cir.2003). It therefore appears that this Court cannot consider Plaintiffs admission in his Amended Complaint and deposition that he was married to Colette Fisher at the time of the 1997 incident under the modified categorical approach. Hayes indicates, however, that it is unnecessary to examine the elements of the predicate offense when analyzing whether that offense was “committed by a person who has a specified domestic relationship with the victim.” Rather, courts may look at the facts underlying the conviction to determine whether the “domestic relationship” requirement is satisfied. See Hayes, 555 U.S. at 421, 129 S.Ct. 1079 (<HOLDING>) (emphasis added). Under Hayes, the question of Options: A. holding that a domestic relationship must exist as part of the facts giving rise to the predicate offense but it need not be an element of the prior offense B. holding the harmed victim need not be the victim of the offense of conviction C. holding that it suffices that a prior conviction was in fact for an offense committed by the defendant against a spouse or other domestic victim D. holding that argument regarding victim of prior offense was improper E. holding that for sentencing purposes the government does not need to allege a defendants prior conviction or prove the fact of a prior conviction where that fact is not an element of the present crime

assistant: The best answer is C. holding that it suffices that a prior conviction was in fact for an offense committed by the defendant against a spouse or other domestic victim
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: plaintiff must prove. As explained above, there are a number of purposes for which a state redistricting body permissibly may rely on political data or take into account partisan considerations. See supra Part II.B.2.a.. Accordingly, a plaintiff in a partisan gerrymandering case-cannot satisfy the discriminatory intent requirement simply:by proving, that- the redistricting body intended to rely on political data or to take into account partisan considerations. Rather, the plaintiff must show that the redistricting body intended to. apply partisan classifications “in an invidious manner or in a way unrelated to any legitimate legislative objective.” Vieth, 541 U.S. at 307, 124 S.Ct. 1769 (Kennedy, J., concurring in the judgment); id. at 339, 124 S.Ct. 1769 (Stevens, J., dissenting) (<HOLDING>); see also Romer v. Evans, 517 U.S. 620, 632, Options: A. holding redistricting plan would violate equal protection clause if it reflected a naked desire to increase partisan strength B. holding that doctrine does not violate equal protection C. holding that the states reapportionment plan might violate the equal protection clause D. holding only that districting did not violate the principle of one personone vote under article i 2 nor did it constitute partisan gerrymandering violating the equal protection clause E. recognizing that a redistricting plan can be driven at least to some extent by partisan interests

assistant: The best answer is A. holding redistricting plan would violate equal protection clause if it reflected a naked desire to increase partisan strength
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 Purchaser, upon execution and delivery hereof or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the applicable Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or notes such as the applicable Commitment Limits or Notes, as the case may be; and (iii) it will make or invest in, as the case may be, its Commitment Limits or Notes for its own account in the ordinary course of its business and without a view to distribution of such Commitment Limits or Notes within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 9.6 , the disposition of such Commitment Limits or Notes or any interests therein shall at all times remain within its exclusive control).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, the Borrower, the L/C Issuer, the Swingline Lender or the Administrative Agent, sell participations to any Person (other than a natural Person, a Defaulting Lender or the Borrower or any of the Borrower’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lender’s participations in L/C Obligations and/or Swingline Loans) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrower, the Administrative Agent, the Lenders and the L/C Issuers shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 11.04(c) without regard to the existence of any participation.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: as each country has laws that may differ from those of ca , by accessing our website , you agree that the statutes and laws of ca , without regard to the conflict of laws and the united nations convention on the international sales of goods , will apply to all matters relating to the use of this website and the purchase of any products or services through this site .

assistant: Choice of law
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: adopted by this court. Atel Fin. Corp. v. Quaker Coal Co., 321 F.3d 924, 926 (9th Cir.2003). On this record, the district court did not err when it determined that Roberts had not offered evidence that the monitor was defective. Roberts presented only circumstantial evidence that the monitor was defective. Nevada courts have never directly held that circumstantial evidence is sufficient to prove a defect, yet some Nevada cases have relied on circumstantial evidence to establish the existence of a defect. See Van Duzer v. Shoshone Coca Cola Bottling Co., 103 Nev. 383, 741 P.2d 811, 812-14 (1987) (finding that a bottle was unreasonably dangerous and defective based on supermarket customer’s testimony); Stackiewicz v. Nissan Motor Corp. in U.S.A., 100 Nev. 443, 686 P.2d 925, 928 (1984) (<HOLDING>). In this case, even if circumstantial evidence Options: A. holding that it was not an abuse of discretion for district court to allow a mechanical engineer to give expert testimony about a machine with which the engineer had no design experience B. holding that drivers and witnesses testimony about car steering malfunction could be proof of defect without establishing the mechanical cause of the malfunction C. holding that material for witnesses need not be produced to defendant where the witnesses were not called as government witnesses at trial D. holding that a district court was entitled to accept or reject testimony on the basis of the witnesses demeanor and candor or lack thereof and contradictions in the witnesses testimony E. holding that a cause of action does not arise in negligence when a product malfunctions or is defective and the malfunction or defect results in damage only to the product itself and produces only economic loss

assistant: The best answer is B. holding that drivers and witnesses testimony about car steering malfunction could be proof of defect without establishing the mechanical cause of the malfunction
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: Aug. 23, 2010). 3 The Superior Court Rules make the Federal Rules of Civil Procedure 26 through 37 applicable for the purposes of discovery in all civil cases. See SUPER. Ct. R. 39. 4 We note that the Superior Court held the Molloys to the wrong standard, requiring them to prove personal jurisdiction by a preponderance of the evidence without holding an evidentiary hearing. Instead, as we stated above, the Superior Court should only have required the Molloys to make a prima facie showing supported by competent evidence. Additionally, the trial court, after reciting the undisputed facts presented by both parties’ submissions, focused on what contacts the defendants lacked, instead of analyzing and considering what contacts BCBSAhad with the Virgin Islands. See Metcalfe, 566 F.3d at 332 (<HOLDING>). Notwithstanding these errors, because our Options: A. holding that proper focus is reasonableness of inquiry not frivolousness B. holding that the courts analysis should focus on the nature of the abuse injuries inflicted and the effect of both C. holding that the conspiracy theory of personal jurisdiction requires that the outofstate coconspirator was or should have been aware of the acts performed in the forum state in furtherance of the conspiracy D. holding that in determining whether a crime is a continuing offense the court must focus on the nature of the substantive offense and not on the specific characteristics of the conduct in the case at issue E. holding that the proper focus should be on whether the outofstate defendant engaged in any act that might provide the court with jurisdiction

assistant: The best answer is E. holding that the proper focus should be on whether the outofstate defendant engaged in any act that might provide the court with 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 case excerpt and choose the best holding from the options. Case excerpt: from taking a position that is “contrary to a position previously taken in the same or earlier proceeding.” Ergo Science, Inc. v. Martin, 73 F.3d 595, 598 (5th Cir.1996). Because the S.E.C. representations were neither made by Surety Bank nor made in judicial proceedings, they cannot serve as the basis for estopping the Bank. III. The district court did not err in refusing to give full faith and credit to the Tennessee judgment. The judgment of the district court is therefore AFFIRMED. 2 . See Erie R. Co. v. Tompkins, 304 U.S. 64, 78, 58 S.Ct. 817, 82 L.Ed. 1188 (1938)("Except in matters governed by the Federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state.”). 3 . See also In re Maddron, 1991 WL 135467, *4 (Tenn. Ct. App. July 25, 1991)(<HOLDING>). 4 . In his reply brief, the Receiver points Options: A. holding that a judgment as to the title in a prior litigation was not subject to collateral attack B. holding that a foreign judgment for alimony and child support arrearages was not subject to attack in wyoming except on grounds that would permit attack upon any other money judgment such as want of jurisdiction in the court entering the judgment or lack of service so as to vest jurisdiction over the defendant C. recognizing that only void judgments are subject to collateral attack and that a judgment is void only when court had no jurisdiction of the parties or property no jurisdiction of the subject matter no jurisdiction to enter the particular judgment or no capacity to act D. holding that a judgment is subject to collateral attack where the judgment is void for want of jurisdiction with respect to the power of the court to render the particular judgment or decree as where the court exceeds the powers conferred on it by constitutional or statutory provisions E. holding that district court had subjectmatter jurisdiction and yet that judgment void for lack of jurisdiction to render the particular judgment

assistant: The best answer is D. holding that a judgment is subject to collateral attack where the judgment is void for want of jurisdiction with respect to the power of the court to render the particular judgment or decree as where the court exceeds the powers conferred on it by constitutional or statutory provisions
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: reasonable accommodation law. Accordingly, her outrage claim is preempted. To the exte ing to impart a technical meaning to the term, we view a state duty as "negotiable” if it is only a default rule around which the parties may contract, or if the existence of a breach of the duty under state law might be tempered or nullified by agreement of the parties. 4 . Teamsters v. Lucas Flour Co., 369 U.S. 95, 104, 106, 82 S.Ct. 571, 7 L.Ed.2d 593 (1962). 5 . Allis-Chalmers, 471 U.S. at 209-10, 105 S.Ct. 1904 (citing Lucas Flour, 369 U.S. at 103-04, 82 S.Ct. 571). 6 . Id. at 219-20, 105 S.Ct. 1904. 7 . Lingle v. Norge Div. of Magic Chef, Inc., 486 U.S. 399, 408-09, 108 S.Ct. 1877, 100 L.Ed.2d 410 (1988). 8 . See Livadas v. Bradshaw, 512 U.S. 107, 122, 114 S.Ct. 2068, 129 L.Ed.2d 93 (1994) (<HOLDING>). 9 . 255 F.3d 683 (9th Cir.2001) (en banc), Options: A. holding that the need to look to the cba to determine the plaintiffs rate of pay did not trigger preemption B. holding the right at issue arose out of state law because bjeyond the simple need to refer to bargainedfor wage rates in computing the penalty the collectivebargaining agreement was irrelevant to the dispute C. holding that severance pay policy was part of employment contract D. holding that a plan providing severance pay for reduction in work force simply did not contemplate the effect of a sale of a business on the availability of severance pay E. holding that the need to refer to wage rate in the cba to calculate damages did not preempt a state rule governing the timing of severance pay

assistant: The best answer is E. holding that the need to refer to wage rate in the cba to calculate damages did not preempt a state rule governing the timing of severance pay
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: services. Dr. Ostrer, on the other hand, maintains that he could have proceeded with his BRCA-related clinical activities without taking a license from Myriad. This assertion is based on his belief that the patents Myriad claims cover such activities are invalid because genes are patent-ineligible products of nature. Acting on his belief, Ostrer seeks in this lawsuit a declaration of his right to undertake NfiCA-related clinical activities without a license. Accordingly, Myriad and Dr. Ostrer have taken adverse legal positions regarding whether or not Ostrer can engage in BRCA genetic testing without infringing any valid claim to “isolated” BRCA DNAs or methods of “analyzing” or “comparing” BRCA sequences, as recited in Myriad’s patents. See Aetna Life, 300 U.S. at 242, 57 S.Ct. 461 (<HOLDING>). Dr. Ostrer has also alleged a controversy of Options: A. holding an endorsement to an existing insurance policy which added a new vehicle did not create a new contract of insurance but was merged with and became a part of the original policy B. holding that failure to pay obligations under a contract is a material breach as a matter of law when parties explicitly state in the contract that failure to pay warrants termination C. holding that parties can stipulate that they were both parties to a contract and thus the real parties in interest even when one party did not sign the contract D. holding declaratory judgment jurisdiction existed when the parties had taken adverse positions with respect to their existing obligations on an insurance contract E. holding the same with respect to an apartment

assistant: The best answer is D. holding declaratory judgment jurisdiction existed when the parties had taken adverse positions with respect to their existing obligations on an insurance contract
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: Seller acknowledges that Buyer’s prospective assignee(s) is/are the subsidiary of a corporation that is or intends to qualify as a Real Estate Investment Trust and that, as such, it is subject to certain filing and reporting requirements in accordance with federal laws and regulations, including but not limited to, regulations promulgated by the Securities and Exchange Commission. Accordingly, and notwithstanding any provision of this Agreement or the provisions of any other existing agreement between the parties hereto to the contrary, Buyer may publically file, disclose, report or publish any and all information related to this transaction that may be reasonably interpreted as being required by federal law or regulation. Except as otherwise expressly provided herein, neither party shall make any press release or similar public announcement with respect to the transactions contemplated hereby which disclose the Purchase Prices, nor shall either party respond to any “CoStar” and/or “Loopnet” inquiries.

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: 7. Each Respondent shall be entitled to disclose or make available any Information it receives from the ETI or any other Respondent to such of its employees, officers, consultants, sub-contractors, proposed sub-contractors, proposed funders, proposed owners or lessors of sites for the Project, owners or licensors of Third Party IP and professional advisers where such disclosure is necessary for the Purpose provided that all such persons to whom any Information is disclosed are bound by written obligations that are no less restrictive than those in this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice, payment or communication required or permitted to be given by any provision of this Grant Agreement shall be in writing and shall be delivered personally or sent by certified mail, return receipt requested, addressed as follows: (i) if to the Company, at the address set forth on the signature page, to the attention of: the Plan Committee; (ii) if to you, at the address set forth below your signature on the signature page. Each party may, from time to time, by notice to the other party hereto, specify a new address for delivery of notices relating to this Award. Any such notice shall be deemed to be given as of the date such notice is personally delivered or properly mailed.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the credibility of the defense’s approach to its case. Clark v. State, 878 S.W.2d 224, 226 (Tex.App.-Dallas 1994, no pet.). We cannot conclude that the trial court’s comment was a statement of approval of the State’s argument, disbelief in the defense’s position, or an effort to diminish the credibility of the defense’s approach to the case. Whether the alleged statements were actually made by the police was a question for the jury to resolve. The trial court stated that appellant could testify about “who it was that said it.” The statement that followed, “if it was said,” could have been interpreted as a proper reminder by the trial court to the jury that, it was the jury, not the trial court who would resolve that issue. See Johnson v. State, 23 S.W.3d 1, 7 (Tex.Crim.App.2000) (<HOLDING>). Because we cannot determine that the trial Options: A. holding that the postconviction court is the sole judge of the weight of the evidence and the credibility of witnesses B. holding the resolution of questions regarding credibility and the weight given to testimony is a function of the family court judge who heard the testimony C. holding the question of whether an accomplice is credible and the weight to be given to the testimony are issues for the jury to determine D. holding that the jury is the judge of the weight and credibility given to witness testimony E. holding that defendants truthfulness and the credibility of and weight to be given expert medical testimony are issues of fact for jury

assistant: The best answer is D. holding that the jury is the judge of the weight and credibility given to witness testimony
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: an indemnitee’s own negligence. The phrase must be read in the context of the entire contract. If the contract warrants it, though, the use of the phrase “any and all” may indicate, as COSCO contends, that the parties intended an indemnitee be indemnified, even for the indemnitee’s own negligence. See, e.g., Economy Mechanical Industries, Inc. v. T.J. Higgins Co., 294 Ill. App. 3d 150, 155 (1997) (interpreting contract language which provided that “[indemnitor] will at all times protect, indemnify and save and keep harmless the [indemnitee] against and from any and all loss, cost, damage or expense, arising out of or from any accident or other occurrence” to provide indemnification for an indemnitee’s own negligence (emphasis omitted)); Rios v. Field, 132 Ill. App. 2d 519, 522 (1971) (<HOLDING>); Haynes v. Montgomery Ward & Co., 47 Ill. App. Options: A. holding that the clause any dispute that shall arise between the parties with reference to the interpretation of this agreement or their rights with respect to any transaction involved was broad B. holding that the modifying phrase in any manner is sufficiently broad to include attempts to evade taxes by concealing assets to protect them from execution or attachment C. holding that claims of breach of fiduciary duty negligence and fraud were subject to arbitration in light of broad arbitration clause which called for arbitration of any controversy arising out of or relating to this agreement breach thereof or any aecounts D. holding that the judicial admission exception did not apply to prove the existence of an oral agreement for the sale of stock where the defendant offered his deposition testimony acknowledging that the parties agreed to have a document transferring the stocks drafted by an attorney because the defendants references to the agreement were in terms of a tentative or incomplete agreement and because any admission of such a contract would necessarily have to include a statement of the price and quantity terms E. holding that the use of the phrase any and all even if it is the sole descriptive reference to the cause of the injury claim or loss indemnified can render an agreement sufficiently broad to include indemnification for claims or injuries caused by indemnitees own negligence subject to any limitations in the agreement

assistant: The best answer is E. holding that the use of the phrase any and all even if it is the sole descriptive reference to the cause of the injury claim or loss indemnified can render an agreement sufficiently broad to include indemnification for claims or injuries caused by indemnitees own negligence subject to any limitations in the agreement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the district court’s “necessary” party analysis, we need not decide whether “in equity and good conscience” Mutual qualifies as an indispensable party under Rule 19(b). See United Food & Commercial Workers Union v. Alpha Beta Co., 736 F.2d 1371, 1381 n. 18a (9th Cir.1984). Since Mutual has not demonstrated that the district court lacked personal jurisdiction over a “necessary” party to the Hendricks’ action, the district court could grant injunctive relief against the Bank without deciding whether it had personal jurisdiction over Mutual individually. C: Mutual argues next that the shareholder agreement’s forum selection clause required the district court to dismiss the Hendricks’ action for improper venue. See Argueta v. Banco Mexicano, S.A., 87 F.3d 320, 324 (9th Cir.1996) (<HOLDING>). There is some ambiguity in the record as to Options: A. holding prejudgment denial of motion to dismiss on basis of forumselection clause not to be immediately appealable under 1291 B. recognizing circuit agreement that a motion to dismiss based on an arbitration clause is proper under rule 12b3 C. holding that motion to dismiss cannot be treated as summary judgment D. holding that motions to dismiss based on forumselection clause should be analyzed under rule 12b3 E. holding that a motion to dismiss based on a forumselection clause should be treated as a rule 12b3 motion to dismiss for improper venue

assistant: The best answer is E. holding that a motion to dismiss based on a forumselection clause should be treated as a rule 12b3 motion to dismiss for improper venue
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: 6.1 airbnb may charge fees to hosts ( `` host fees '' ) and/or guests ( `` guest fees '' ) ( collectively , `` service fees '' ) in consideration for the use of the airbnb platform .

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: litigation; (3) the level of skill required to perform the legal service properly; (4) the preclusion of other employment by the attorney because of acceptance of the case; (5) the attorney's customary hourly rate; (6) whether the fee is fixed or contingent; (7) the time limitations imposed by the client or the circumstances; (8) the amount involved in the case and the results obtained; (9) the experience, reputation and ability of the attorneys; (10) whether the case is undesirable; (11) the nature and length of the professional relationship with the client; and (12) awards in similar cases. 7 . Wachovia cites to District of Connecticut cases including Piurkowski v. Goggin, No. 3:01cv302(SRU), 2004 WL 1534200, at *3 n. 5, 2004 U.S. Dist. LEXIS 12656, at *10 n. 5 (D.Conn. July 6, 2004) (<HOLDING>); Accel Int’l Corp. v. Renwick, No. 3:03cv983 Options: A. holding that under the filed rate doctrine a question regarding reasonable rates should be addressed to the department of insurance and that the rate plaintiff was charged is conclusively presumed reasonable under the filed rate doctrine B. recognizing that between 250 and 300 an hour is a reasonable rate for an attorney with a great deal of expertise his or her field C. holding that once a rate is filed with the appropriate agency except for review of the agencys orders the courts can assume no right to a different rate on that ground that in its opinion it is the only or the more reasonable rate D. holding that under texas law the mere representation of a party in a lawsuit does not establish privity between an attorney and his or her client E. recognizing that 90 per hour is a reasonable rate for a paralegal

assistant: The best answer is B. recognizing that between 250 and 300 an hour is a reasonable rate for an attorney with a great deal of expertise his or her field
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 proceeds of (a) the Term Loans funded on the Closing Date were used by the Borrower or its Subsidiaries on the Closing Date to consummate the applicable Transactions and to pay related costs and expenses, (b) the 2016 Incremental Facilities funded on the Restatement Effected Date will be used by the Borrower and its Subsidiaries on the Restatement Effective Date to consummate the applicable Transactions and to pay related costs and expenses and, to the extent any proceeds remain after such application, for general corporate purposes, including, working capital needs, Permitted Acquisitions, Investments, capital expenditures and other corporate purposes of the Borrower and its Subsidiaries, it being understood that except as otherwise agreed by the Lead Arrangers, proceeds of the 2016 Incremental Facilities shall be credited on the Restatement Effective Date to an account of the Borrower maintained at JPMorgan Chase Bank, N.A. for remittance to the Borrower’s designated hedge counterparty to be exchanged into Euros, which Euro proceeds shall be credited on the Restatement Effective Date to an account of the Buyer maintained at JPMorgan Chase Bank, N.A. for remittance to the Seller on the date of the consummation of the Acquisition, and that such accounts at JPMorgan Chase Bank, N.A. shall be subject to the escrow and release arrangements set forth in the respective Escrow Agreements and Section 4.04 (the “ Escrow ”), (c) Incremental Loans, the Revolving Loans and the Swing Line Loans will be used by the Borrower after the Closing Date, including on or after the Restatement Effective Date, to provide for ongoing working capital requirements of the Borrower and its Subsidiaries and for general corporate purposes, including Permitted Acquisitions, Investments and Restricted Payments hereunder ( provided that, in no event shall any Incremental Loans be used to make a Junior Debt Payment) and (d) the Letters of Credit will be used by the Borrower and its Subsidiaries for general corporate purposes.

assistant: Use Of Proceeds