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: authority, the American Rule assumes each party to a lawsuit bears its own attorney fees. See, e.g., Western Nat’l Mut. Ins. Co. v. University of North Dakota, 2002 ND 63, ¶ 49, 643 N.W.2d 4; Fisher v. American Family Mut. Ins. Co., 1998 ND 109, ¶ 23, 579 N.W.2d 599; Zuern v. Jensen, 336 N.W.2d 329, 330 (N.D.1983). Consequently, in the absence of express statutory or contractual authorization, attorney fees incurred by a plaintiff in litigation are not recoverable as an item of damages, see Nord v. Herman, 1998 ND 91, ¶ 27, 577 N.W.2d 782, because attorney fees “are not a legitimate consequence of the tort or breach of contract.” Farmers Union Oil Co. v. Maixner, 376 N.W.2d 43, 48 (N.D.1985). See also Barsness v. General Diesel & Equip. Co., Inc., 422 N.W.2d 819, 827 (N.D.1988) (<HOLDING>). Successful litigants are also not Options: A. holding party in breach could not maintain suit for breach of contract B. holding immaterial breach did not constitute breach of contract C. holding that in an action for breach of contract only nominal damages can be recovered if there is no evidence produced from which the facts necessary to determine damages under the proper rule can be determined D. recognizing attorney fees and expenses may be recovered if they constitute damages from the breach of a contract but not if they are incurred in proving the breach E. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract

assistant: The best answer is D. recognizing attorney fees and expenses may be recovered if they constitute damages from the breach of a contract but not if they are incurred in proving the breach
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: Pellicano recorded many other persons with whom he discussed wiretapping. This evidence would support a good faith belief by a reasonable person that the Pellicano-Christensen recordings might contain similar discussions about wiretapping, especially in the context of Christensen’s representation of Kerkorian and the large sums of money Christensen’s firm had paid Pellicano. The affidavit also recounted testimony from former PIA employees that “confirmed the widespread use of wiretapping in Pellicano’s investigations.” We conclude that the government made the requisite “minimal showing” that the Pellicano-Christensen recordings might contain evidence showing the crime-fraud exception applied to any privileged communications within them. Cf. Grand Jury Subpoena 92-1(SJ), 31 F.3d at 830 (<HOLDING>). Jp. Zolin’s second step Under Zolin’s second Options: A. holding that the government met zolins first step in case involving illegal exports where affidavit based on testimony of two former employees as well as on telephone records invoices and other documentary evidence established that a corporation used an export license to disguise illegal exports and sought its counsels legal assistance in furtherance of the scheme B. holding that where the court records in the present case and the records in a previous conviction reflected the same name and date of birth as well as a signature and the defendant did not object that he was not the same person as had been previously convicted the evidence was sufficient to support his conviction C. holding that no action may be maintained on an illegal agreement D. holding that the court of appeals erred in declining to consider whether the arrest was illegal and whether the consent was tainted by the potentially illegal police activity E. holding that the admission of evidence obtained as a result of an illegal search and seizure is subject to a harmlesserror analysis

assistant: The best answer is A. holding that the government met zolins first step in case involving illegal exports where affidavit based on testimony of two former employees as well as on telephone records invoices and other documentary evidence established that a corporation used an export license to disguise illegal exports and sought its counsels legal assistance in furtherance of the scheme
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and did not schedule her for any work on Saturdays. (Pl.’s Mem. of Law at 4). Indeed, Dr. Eckstein’s proffered position at Beth Israel was conditioned upon her receiving Sabbath observance accommodation like that which she had at NYU. (Id.) In order to prevail over defendants’ summary judgment motions, the plaintiff must establish a prima facie case by showing that the facts surrounding defendants’ refusal to hire her give rise to an inference of religious discrimination. Stetson v. NYNEX Service Co., 995 F.2d 355, 359-360 (2d Cir.1993). Because defendants offered the same position to someone else with similar religious practices, an inference of discrimination cannot be drawn from their refusal to hire plaintiff. See, e.g., E.E.O.C. v. Wiltel, Inc., 81 F.3d 1508 (10th Cir.1996) (<HOLDING>); Eng v. Beth Israel Medical Center, 93 Civ Options: A. holding that plaintiff could not establish prima facie case of discrimination where plaintiff failed to meet minimum qualifications for job B. holding that plaintiff failed to establish a prima facie case in a religious discrimination suit because among other reasons employer hired someone else with identical religious practices C. holding that replacement by someone outside the protected group is required to make a prima facie age discrimination case D. holding that a plaintiff had not established a prima facie case of race discrimination because she failed to show valid comparators and presented no other circumstantial evidence of discrimination E. holding to establish a prima facie case of racial discrimination a plaintiff must show he 1

assistant: The best answer is B. holding that plaintiff failed to establish a prima facie case in a religious discrimination suit because among other reasons employer hired someone else with identical religious practices
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: court had not resolved, on the merits, whether LaConsay and Wetzel were entitled to recover litigation expenses in the condemnation action. Upon dismissal of their October 2006 appeals, LaConsay and Wetzel properly returned to the probate court for a ruling on their still pending motions for litigation expenses. The probate court subsequently ruled upon those pending motions, awarding litigation expenses to LaConsay and Wetzel. Langley appealed that award to the circuit court, and LaConsay and Wet-zel cross-appealed; those second appeals were timely and properly filed. See § 18-1A-283, AIa.Code 1975 (allowing parties to a condemnation action in the probate court 30 days in which to appeal to the circuit court for a de novo trial). See also Holman v. Bane, 698 So.2d 117, 120 (Ala.1997) (<HOLDING>); and Paulk v. McCarty, 855 So.2d 1123 Options: A. recognizing that an appeal filed within 30 days of the entry of an order awarding attorney fees was timely filed as to the issue of attorney fees B. holding because an award of attorney fees is discretionary court may consider attorney fees in relation to the underlying equities in the case C. holding that correct way to perfect claim for attorney fees under 285 is through compliance with fedrcivp 54d2b which requires motions for attorney fees to be filed no later than 14 days after entry of judgment D. holding that bank was entitled to attorney fees on appeal when agreement did not prohibit such fees E. holding that the court lacked jurisdiction to consider the appeal because it was filed before the final order awarding attorneys fees

assistant: The best answer is A. recognizing that an appeal filed within 30 days of the entry of an order awarding attorney fees was timely filed as to the issue of attorney fees
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: by submitting an order or pre-order , you acknowledge that you are authorised to use the designated payment method , and you authorise us to charge your order to that payment method .

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: substantial evidence. In Keeton v. Department of Health & Human Services, 21 F.3d 1064, 1067 (11th Cir.1994), the court examined the social security review process and concluded that “the administrative process continues when a claimant seeks review of an ALJ decision ... and new evidence first submitted to the Appeals Council is part of the administrative record that goes to the district court for review.” In Ramirez v. Shalala, 8 F.3d 1449, 1452 (9th Cir.1993), the court noted that the Appeals Council’s decision to deny review rests on an examination of the merits of the entire record, including the new evidence, and embodies its conclusion that the additional evidence fails to provide a basis for changing the ALJ’s decision. See also Riley v. Shalala, 18 F.3d 619, 622 (8th Cir.1994) (<HOLDING>); Wilkins, 953 F.2d at 96 (holding that under Options: A. holding that court reviews aljs decision for substantial evidence on the record as a whole including the new evidence submitted after the determination was made B. holding a determination regarding eligibility for asylum is conclusive if supported by substantial evidence on the record considered as a whole C. holding that appeals council must consider evidence submitted with a request for review if it is a new b material and c related to the period on or before the date of the aljs decision D. holding that an aljs finding that a claimants iq score of 71 was not within the range of 6069 was supported by substantial evidence on the record as a whole E. holding that evidence not submitted to the district court cannot be part of the record on appeal

assistant: The best answer is A. holding that court reviews aljs decision for substantial evidence on the record as a whole including the new evidence submitted after the determination was made
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: unanimously rejected this construction. See In re Societe Generale Secs. Litig., No. 08 Civ. 2495, at *9-10, 2010 WL 3910286 at *6 (S.D.N.Y. Sept. 29, 2010) (slip op.) ("By asking the Court to look to the location of `the act of placing a buy order,’ and to ... `the place of the wrong,’ Plaintiffs are asking the Court to apply the conduct test specifically rejected in Morrison."); Cornwell v. Credit Suisse Group, 729 F.Supp.2d 620, 628 (S.D.N.Y.2010) ("Cornwell I") (describing an earlier ruling in the case as "foreclos[ing] the application of § 10(b) to any claims related to foreign securities trades executed on foreign exchanges even if purchased by American investors"); Quail Cruises Ship Mgmt. Ltd. v. Agencia de Viagens CVC Tur Limitada, 732 F.Supp.2d 1345, 1349-50 (S.D.Fla.2010) (<HOLDING>); Stackhouse v. Toyota Motor Co., No. CV Options: A. holding that a pledge is a sale and purchase of a security under 10b B. holding that for statute of limitations purposes the injury in a section 10b action occurs at the time of plaintiffs entry into purchase agreement not on later date when plaintiffs failed to receive expected payment C. holding that a purchase agreement for a foreign corporations stock is not subject to section 10b even if the closing occurred in the united states D. holding that section 10b does not extend to foreign securities traded on foreign exchanges even if purchased or sold by us investors and even if the foreign issuer had adrs listed on us exchanges E. holding that section 10b violation occurs on date of alleged misrepresentation not the date of the sale or purchase of securities

assistant: The best answer is C. holding that a purchase agreement for a foreign corporations stock is not subject to section 10b even if the closing occurred in the united states
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: claim for excessive force against Defendants Vega and Gibson. Accordingly, Defendants’ Motion is denied as to this cause of L 5877550, at *7 (S.D.N.Y. Oct. 17, 2011) (reaffirming that verbal harassment by a corrections officer fails to establish an Eighth Amendment violation), adopted by 2011 WL 5877548 (S.D.N.Y. Nov. 23, 2011). Along these lines, “[i]ntentional spitting has not been deemed to be a constitutional violation, at least in the prison setting.” Faccio v. Eggleston, No. 10-CV-783, 2011 WL 3666588, at *12 (N.D.N.Y. Aug. 22, 2011); see also Tafari v. McCarthy, 714 F.Supp.2d 317, 348 (N.D.N.Y.2010) (finding that a corrections officer who spat chewing tobacco in the face of a prisoner did not violate the Eighth Amendment); Greene v. Mazzuca, 485 F.Supp.2d 447, 451 (S.D.N.Y.2007) (<HOLDING>). Courts in the Second Circuit have routinely Options: A. holding that nothing so amorphous as overall conditions can rise to the level of cruel and unusual punishment when no specific deprivation of a single human need exists B. holding that yelling spitting at and threatening an inmate do not rise to the level at which prevailing doctrine sets the constitutional bar to establish cruel and unusual punishment C. holding that officers patting pretrial detainee on the buttocks does not rise to the level of punishment to constitute a constitutional violation D. holding thirty days in disciplinary segregation does not rise to the level of punishment invoking the due process clause E. holding state constitutional guarantee against cruel and unusual punishment is more extensive than federal constitutional standard

assistant: The best answer is B. holding that yelling spitting at and threatening an inmate do not rise to the level at which prevailing doctrine sets the constitutional bar to establish cruel and unusual punishment
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: some form of systemic negligence by the hospital, and is not simply a vicarious theory of liability based on the negligence of its employees. See Edwards v. Brandywine Hosp., 438 Pa.Super. 673, 652 A.2d 1382, 1386-87 (1995). 1. Robert Stroud Adequately Pled Corporate Negligence Hospital’s first challenge to Robert Stroud’s Second Amended Complaint is that it fails to state a claim for corporate negligence against Hospital. (Doc. 69 at 6.) Relying on Pennsylvania Superior Court precedent, Hospital argues that Plaintiff has failed to adequately plead that it knew or reasonably should have known of the alleged failings in its patient care procedures upon which Plaintiffs corporate negligence claim is based. See Kennedy v. Butler Mem’l Hosp., 901 A.2d 1042, 1046 (Pa.Super.2006) (<HOLDING>). (Doc. 69 at 7.) Plaintiff counters that he Options: A. holding that a fraudulent transfer claim against a corporate debtors control person belongs to the corporate debtor not to specific creditors B. holding that the general corporate laws are incorporated into the corporate charter C. holding that a complaint against a hospital containing averments that appear to meld the two causes of action for vicarious liability and corporate negligence with no averment pertaining to the hospitals knowledge fails to state a claim of corporate negligence D. holding that the basis of liability is negligence and not injury E. holding that ordinary negligence and gross negligence are not separate causes of action

assistant: The best answer is C. holding that a complaint against a hospital containing averments that appear to meld the two causes of action for vicarious liability and corporate negligence with no averment pertaining to the hospitals knowledge fails to state a claim of corporate negligence
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 Issuers shall, jointly and severally, indemnify, hold harmless and defend the Trustee and the Escrow Agent and their respective directors, officers, agents, employees and controlling persons, (each, an “ Indemnified Person ”) from and against any and all claims, actions, obligations, liabilities and expenses, including reasonable defense costs, reasonable investigative fees and costs, reasonable legal fees (including costs and legal fees incurred in enforcing this indemnity), and claims for damages, arising from the Trustee’s or the Escrow Agent’s performance or non- performance, or in connection with the Escrow Agent’s acceptance of appointment as the Escrow Agent under this Agreement, except to the extent that such liability, expense or claim is solely and directly attributable to the gross negligence or willful misconduct of any such Indemnified Person as finally determined by a court of competent jurisdiction. Neither Issuer shall be responsible for any settlement made without its consent. The provisions of this Section 5 shall survive any termination, satisfaction or discharge of this Agreement as well as the resignation or removal of the Escrow Agent or the Trustee, as applicable.

assistant: Indemnity
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: Moore and Protium Recordings in the action instituted by Moore d/b/a Protium Recordings, but he also was required to raise them as compulsory counterclaims under Rule 13 of the Federal Rules of Civil Procedure. See Fed.R.Civ.P. 13(a) (“A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party....”); Transamerica Occidental Life Ins. Co. v. Aviation Office of Am., Inc., 292 F.3d 384, 389-91 (3d Cir. 2002) (defining “compulsory counterclaims” and “opposing parties”). Having not raised his claims in the earlier action, Banks could not litigate them in his adversary complaint. See New York Life Ins. Co. v. Deshotel, 142 F.3d 873, 879 (5th Cir.1998); see also Randolph v. Lipscher, 641 F.Supp. 767, 775 (D.N.J.1986) (<HOLDING>) (citation omitted). For the reasons stated Options: A. holding that the doctrine of res judicata is applicable to defenses that could have been raised in a prior action B. holding that the doctrine of res judicata contemplates that when a controversy between parties is once fairly litigated and determined it is no longer open to relitigation C. holding that res judicata prevents relitigation of a claim that was previously the subject of a valid and final decision of this court D. holding that res judicata applies when the question of jurisdiction is raised and determined E. holding that the doctrine of res judicata applies to deportation proceedings

assistant: The best answer is B. holding that the doctrine of res judicata contemplates that when a controversy between parties is once fairly litigated and determined it is no longer open to relitigation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you do post content or submit material , and unless we indicate otherwise , you grant amazon a nonexclusive , royalty-free , perpetual , irrevocable , and fully sublicensable right to use , reproduce , modify , adapt , publish , perform , translate , create derivative works from , distribute , and display such content throughout the world in any media .

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: The Participant acknowledges that damages resulting from the breach of the provisions of this Agreement may be difficult to calculate. In the event of a breach or threatened breach by the Participant of this Agreement, the Company shall be entitled to apply to any court of competent jurisdiction for any injunction against such breach, actual or threatened. Notwithstanding the foregoing, the Company shall at all times retain its right to recover from the Participant, or any other person or entity that may be held liable, its damages resulting from such breach.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: award damages and order reinstatement and a positive endorsement for tenure by the non-ecclesiastical bodies, so that Sister Elizabeth’s tenure application is placed before the Chancellor and episcopal members of the Board of Trustees for the "nihil obstat” review. Plaintiffs' Reply to Defendant's Post Trial Brief at 14. Title VII expressly authorizes "any ... equitable relief as the court deems appropriate.” 42 U.S.C. § 2000e-5(g). The district court did not reach the question of remedy, however, because it dismissed the case at the liability stage. Accordingly, it did not reach the issue whether equitable relief under Title VII could include the remedy Sister McDonough suggested as an alternative. Cf. Kreis v. Secretary of the Air Force, 866 F.2d 1508, 1511 (D.C.Cir.1989) Options: A. holding that the plaintiffs request for nominal damages did not defeat mootness as it appeared that the request was made solely to obtain a ruling on a moot issue B. holding that although plaintiffs military promotion request was nonjusticiable and thus properly dismissed by district court his more modest request for corrective action with respect to appellants record was justiciable under administrative procedure act C. holding that plaintiffs request that inquiry be made of the jury about its intent behind the verdict was not a request to poll the jury D. holding that the district court acted within its discretion when it denied plaintiffs request for counsel E. holding defendants right to counsel not violated despite district court denying pretrial request by the defendant to discharge his attorney where request was made on eve of trial and was openly part of attempt to have the district judge recuse himself and delay trial

assistant: The best answer is B. holding that although plaintiffs military promotion request was nonjusticiable and thus properly dismissed by district court his more modest request for corrective action with respect to appellants record was justiciable under administrative procedure act
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: Kooby and EHI’s motion to dismiss. 3 OCGA § 5-6-48 (c) (also granting a 20-day safe harbor period for payment of costs after receipt of bill of costs from trial court); see also Sellers v. Nodvin, 262 Ga. 205, 206 (1) (b) (415 SE2d 908) (1992) (noting that the threshold question of whether the delay was unreasonable “refers principally to the length and effect of the delay” (punctuation omitted)). 4 288 Ga. 862 (708 SE2d 291) (2011). 5 Id. at 863. 6 Id.; see also Rahman v. Daikon Shield Claimants Trust, 243 Ga. App. 623, 624 (532 SE2d 699) (2000) (“tW]e review the exercise of such discretionary authority upon an abuse of discretion standard.” (footnote omitted)); Logan v. St. Joseph Hosp., 227 Ga. App. 853, 854 (490 SE2d 483) (1997) (“The cause for delay in , 654 (616 SE2d 476) (2005) (<HOLDING>); Stone v. Boyne, 245 Ga. App. 868, 869 (539 Options: A. holding that there was no basis for adverse inference instruction for failure to produce emails until five days before trial B. holding that a party failed to present any evidence to rebut inference that delay was unreasonable and inexcusable C. holding that a reasonable inference need not be the sole possible inference D. holding that inference was not rebutted when a party failed to produce evidence beyond their own ignorance E. holding that once the moving party meets its burden the nonmoving party is obliged to produce evidence in response

assistant: The best answer is D. holding that inference was not rebutted when a party failed to produce evidence beyond their own ignorance
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 is a Loan Document and shall become effective upon the execution and delivery hereof by the Borrower, the Administrative Agent and the Lenders (including the New Lender) as well as the Assignor and the Assignee (the date on which the conditions set forth in this Section 5 have been satisfied, the “ Effective Date ”).

assistant: Effectiveness
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: Andrea and its Subsidiaries and Asus and its Subsidiaries hereby release all claims, counterclaims and/or defenses relating to the Asserted Patents that were brought or could have been brought in the New York Case as of the Effective Date.

assistant: Releases
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: Oehlmann. Currently we are holding the Total Control Account checkbooks to allow Attorney Gaughan time to review the beneficiary designation. Your patience is appreciated.” (Doc. 32-4 at 1.) 5 . Upon defense counsel's request, Plaintiff's former counsel discontinued the Pike County litigation without prejudice on August 28, 2006. 6 .According to the court’s case-action memorandum of October 12, 2006, we recommended that counsel work to dismiss third-party defendant Smirman from this action. (Doc. 9). According to Plaintiff’s counsel's letter of November 14, 2006, Plaintiff’s counsel was to file a notice dismissing Smirman from the action. (Doc. 32-19 at 1). No such notice is reflected in the docket. Accordingly, to reflect the understanding of the parties, we shall dismiss D.Pa.1991) (<HOLDING>). We note, however, that all of these cases Options: A. holding that private misuse of a state statute does not describe conduct that can be attributed to the state B. holding that provisions of the uipa can be utilized to describe conduct constituting bad faith C. holding that a bad faith claim is a tort D. holding that the alleged conduct constituting violations of the uipa and the regulations can be considered in determining whether the insurer acted in bad faith under section 8371 E. holding that the insured may make reference to a section in the uipa to illustrate its insurers bad faith behavior for refusing to pay a loss

assistant: The best answer is B. holding that provisions of the uipa can be utilized to describe conduct constituting bad faith
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: failure to make a showing that is “sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial,” will mandate the entry of summary judgment. Celotex, 477 U.S. at 322-23, 106 S.Ct. 2548. The non-moving party may not rest upon the mere allegations or denials of his pleadings, but the response, by affidavits or as otherwise provided in Rule 56, must set forth specific facts which demonstrate that there is a genuine issue for trial. Fed.R.Civ.P. 56(e). The rule requires the non-moving party to introduce “evidence of evidentiary quality” demonstrating the existence of a material fact. Bailey v. Floyd County Bd. of Educ., 106 F.3d 135, 145 (6th Cir.1997); see Anderson, 477 U.S. at 252, 106 S.Ct. 2505 (<HOLDING>). “A genuine issue of material fact exists if a Options: A. holding that grant of summary judgment is appropriate where the nonmoving party adduces nothing more than speculation to support its claims B. holding that the nonmoving party must produce more than a scintilla of evidence to survive summary judgment C. recognizing that nonmoving party must present affirmative evidence to defeat summary judgment D. recognizing that a noevidence summary judgment is improper if the nonmovant brings forth more than a scintilla of evidence E. holding that a trial court may enter summary judgment for a nonmoving party under appropriate circumstances

assistant: The best answer is B. holding that the nonmoving party must produce more than a scintilla of evidence to survive summary judgment
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 Borrower will not, and will not permit any of the Subsidiary Guarantors to, create or acquire any additional Subsidiaries, unless the Borrower promptly, but, in any event, no later than 30 days after such formation or acquisition of any such Subsidiary (or such later date as may be acceptable to the Administrative Agent), gives written notice to the Administrative Agent of such creation or acquisition and complies with Section 8.13(b). The Borrower shall have no Foreign Subsidiaries, unless permitted by the Administrative Agent. The Borrower shall not have any Subsidiary other than Subsidiaries all of the Equity Interests of which are owned, directly or indirectly, by the Borrower.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No waiver by either party of any breach by the other party of any condition or provision contained in this Agreement to be fulfilled or performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same or any prior or subsequent time.

assistant: No Waivers
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 terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before February 5, 2016; provided , however , that no such termination will affect the right of any party to sue for any breach by any other party (or parties).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: requires that a temporary justice court judge be appointed by the Chairperson, Judge Marx was appointed by "an usurper of the appointing power," Ohms, 881 P.2d at 853 (internal quotation marks omitted). However, Judge Marx was properly appointed by the Chairperson on December 8, 2008. Until this appointment, Judge Marx did not have full right to the office because Judge Christensen lacked the power to appoint him. Nevertheless, Judge Marx's authority was void only "because there was a want of power in the ... appointing body," see id. at 854 (internal quotation marks omitted). Thus, he may qualify as a de facto judge, thereby ratifying his acts prior to his official appointment, if there was "public acquiescence in the authority." State v. Menzies, 845 P.2d 220, 226 (Utah 1992) (<HOLDING>); see also Vance, 671 P.2d at 131 & n. 5 Options: A. holding that a court reporter was a de facto official where she assumed authority under col or of a valid appointment and the public acquiesced in her authority B. holding that the county attorney had de facto authority and noting that the objection to the county attorneys authority was first made on appeal C. holding that where a public official takes discretionary action that the official knows will directly benefit a financial interest that the official has concealed in violation of a state criminal law that official has deprived the public of his honest services under 1346 D. holding that a de facto parents rights do not infringe on the fundamental liberty interests of the other legal parent in a family unit because de facto status can be achieved only through the active encouragement of the biological or adoptive parent by affirmatively establishing a family unit with the de facto parent and child or children that accompany the family E. holding that a court reporter had de facto authority and noting that the objection to the reporters qualifications was first made after the jury rendered its verdict

assistant: The best answer is A. holding that a court reporter was a de facto official where she assumed authority under col or of a valid appointment and the public acquiesced in her authority
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: principles that allow for the formation of contracts without the signatures of the parties bound by them. See, eg., I.M.A., Inc. v. Rocky Mountain Airways, Inc., 713 P.2d 882, 888 (Colo.1987) (stating that the parties' agreement on essential terms of a contract as required to establish a contract can be inferred from their conduct or oral statements); Smith v. Multi-Financial See. Corp., 171 P.3d 1267, 1272 (Colo.App.2008) (stating that nonsignatories may nonetheless be bound by agreements to arbitrate based on common law contract principles). This reading also abandons the long-standing common law rule that a settlement agreement can be governed by and found enforceable under common law contract principles. See H.W. Houston Constr. Co. v. Dist. Court, 632 P.2d 568, 565 (Colo.1981) (<HOLDING>); Goltl v. Cummings, 152 Colo. 57, 380 P.2d 556 Options: A. holding that the trial courts denial of appellants motion to enforce settlement agreement constituted an important issue B. holding that trial court is without authority to modify a settlement agreement but may enforce and interpret it C. holding that a district court may order restitution despite a settlement agreement D. holding that a settlement agreement is not a court order and therefore a violation of the settlement agreement would not subject a party to contempt E. holding that a court may only enforce a settlement agreement if it constitutes an enforceable contract

assistant: The best answer is E. holding that a court may only enforce a settlement agreement if it constitutes an enforceable 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 case excerpt and choose the best holding from the options. Case excerpt: 592, 594 (9th Cir.1992), amended 997 F.2d 1306 (9th Cir.1993).] This “objective basis, or ‘reasonable suspicion,’ must consist of ‘specific, articulable facts which, together with objective and reasonable inferences, form the basis for suspecting that the particular person detained is engaged in criminal activity.’ ” Id. (citations omitted). A “gloss on this rule prohibits reasonable suspicion from being based on broad profiles which cast suspicion on entire categories of people without any individualized suspicion of the particular person to be stopped.” United States v. Rodriguez-Sanchez, 23 F.3d 1488, 1492 (9th Cir.1994). United States v. Garcia-Camacho, 53 F.3d 244, 245-46 (9th Cir.1995). See also United States v. Sokolow, 490 U.S. 1, 7, 109 S.Ct. 1581, 1585, 104 L.Ed.2d 1 (1989) (<HOLDING>) (quoting INS v. Delgado, 466 U.S. 210, 217, Options: A. holding that the standard of proof in revocation proceedings is a preponderance of the evidence B. holding that the proper standard of proof is preponderance of the evidence C. recognizing that the preponderance of the evidence is the quantum of proof in civil cases D. holding the fedrevid 801d2e requires proof of the conspiracy by a preponderance of the evidence and allows consideration of the offered declaration as part of the proof of the conspiracy E. holding that the fourth amendment requires some minimal level of objective justification for making a terry stop which is considerably less than proof of wrongdoing by a preponderance of the evidence

assistant: The best answer is E. holding that the fourth amendment requires some minimal level of objective justification for making a terry stop which is considerably less than proof of wrongdoing by a preponderance of the evidence
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 in the SEC Reports, there is not pending or, to the knowledge of the Company, threatened or contemplated, any action, suit or Proceeding to which the Company is a party or of which any property or assets of the Company is the subject before or by any court or governmental agency, authority or body, or any arbitrator, which, individually or in the aggregate, could reasonably be expected to result in any Material Adverse Effect. There are no current or pending legal, governmental or regulatory actions, suits or Proceedings that are required to be described in the SEC Reports that have not been so described.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything to the contrary contained herein or in any other Loan Document, the Administrative Agent and/or Collateral Agent shall take any action reasonably requested by the Borrower having the effect of evidencing the release of any Collateral or guarantee obligations under the circumstances provided for in Section 9.01(b). When the Termination Date has occurred, and the Loan Parties have delivered to the Administrative Agent and the Collateral Agent a written release of all claims against the Administrative Agent, the Collateral Agent and the Lenders, in form and substance reasonably satisfactory to the Administrative Agent and the Collateral Agent, the Administrative Agent and/or the Collateral Agent will, at the Borrower’s sole expense, execute and deliver any termination statements, lien releases, mortgage releases, re-assignments or releases of Intellectual Property, discharges of security interests, and other similar discharge or release documents (and, if applicable, in recordable form) as are necessary or advisable and in form and substance reasonably satisfactory to the Administrative Agent and the Collateral Agent to release, as of record, the Administrative Agent’s and/or the Collateral Agent’s Liens and all notices of security interests and liens previously filed by the Administrative Agent and/or the Collateral Agent with respect to the Obligations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 2 . A case commenced under the old Act shall be conducted under such Act as if the new Code had not been enacted. Bankruptcy Reform Act of 1978, P.L. 95-598, Transition, Section 403(a). 3 . Bankruptcy courts applying equitable principles other than reformation have reached similar conclusions. In In re Trotta, 12 B.R. 843, 8 B.C.D. 187 (D.Conn.1981), the court found that the trustee’s status as lien creditor under section 544 of the Bankruptcy Code was superior to a constructive trust imposed in equity. For the same conclusion under section 544(a)(3), see In re Hotel Associates, Inc., 10 B.R. 668, 4 C.B.C.2d 523, 7 B.C.D. 612 (Bkrtcy.E.D.Pa.1981); In re Taylor, 8 B.R. 806, 7 B.C.D. 317 (D.C.1981). Contra, In re Fieldcrest Homes, Inc., 18 B.R. 678, 8 B.C.D. 1285 (Bkrtcy.N.D.IU. 1982) Options: A. holding that by operation of law a trust results where a person holds naked title for the benefit of another B. holding that the statute of limitations cannot bar appellants claim that a constructive trust should be imposed because a constructive trust is an equitable remedy and therefore not subject to the statute C. holding in addition that where constructive trust imposed trustee holds legal title only under section 541a D. holding that mortgagee holds legal title subject to defeasance E. holding that a constructive trust is imposed in order to prevent injustice and that such a trust may be imposed when the circumstances show that it would be inequitable for the holder of legal title to retain the property

assistant: The best answer is C. holding in addition that where constructive trust imposed trustee holds legal title only under section 541a
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 Administrative Agent shall have received evidence that all board of director, governmental, shareholder and material third party consents and approvals necessary in connection with the entering into of this Agreement and consummation of the transactions contemplated hereunder have been obtained.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: An elementary school is housed nearby, and a creek flows through the apartment complex and empties into the Tennessee River. Id. at 471. Regarding the substantiality of the risk created by Whited’s methamphetamine-production operation, the risk here is far greater than in Davidson and arguably even greater than in Layne. Whited, his methamphetamine laboratory, and a 17-year-old girl were all in the same room when and where the arrest took place at the Country Inns and Suites motel. According to travel web sites, the motel is an 81-unit complex. To be sure, nothing in the record indicates the manner of disposal (the second Guidelines’ factor) of the hazardous materials in Whited’s motel room, so we must therefore treat that factor as “indeterminate.” See Davidson, 409 F.3d at 314 (<HOLDING>). The other relevant factors, however, militate Options: A. holding that an arranger must have owned or possessed or had the authority to control or duty to dispose of the hazardous materials at issue B. holding that in the absence of a government crossappeal an appellate court may not sua sponte correct a district court error if the correction would be to the defendants detriment C. holding the order is only reviewable if actually considered by the district court D. holding that in the absence of any evidence suggesting that hazardous materials were actually disposed of in an improper manner it is not appropriate for the district court to speculate that they would be E. holding that it is not

assistant: The best answer is D. holding that in the absence of any evidence suggesting that hazardous materials were actually disposed of in an improper manner it is not appropriate for the district court to speculate that they would be
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 waiver by either Party hereto of any right hereunder, or of any failure of the other Party to perform, or of any breach by the other Party, shall not be deemed a waiver of any other right hereunder or of any other breach by or failure of such other Party whether of a similar nature or otherwise.

assistant: Waivers
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 Declaration is executed by the undersigned Trustees and delivered in the State of Maryland with reference to the laws thereof, and the rights of all parties and the validity, construction and effect of every provision hereof shall be subject to and construed in accordance with the laws of the State of Maryland without regard to conflicts of laws provisions thereof.

assistant: Governing Laws