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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise set forth in Section 5.6 hereof, any dispute or controversy between the Company and the Executive, whether arising out of or relating to this Agreement, the breach of this Agreement, or otherwise, shall be settled by arbitration in Hamilton, Bermuda under the provisions of the Bermuda International Conciliation and Arbitration Act 1993, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order or grant, including, without limitation, the issuance of an injunction. However, either party may, without inconsistency with this arbitration provision, apply to any court having jurisdiction over such dispute or controversy and seek interim provisional, injunctive or other equitable relief until the arbitration award is rendered or the controversy is otherwise resolved. Except as necessary in court proceedings to enforce this arbitration provision or an award rendered hereunder, or to obtain interim relief, neither a party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of the Company and the Executive. The Executive shall have no right to enforce any of his rights hereunder by seeking or obtaining injunctive or other equitable relief and acknowledges that damages are an adequate remedy for any breach by the Company of this Agreement.

assistant: Arbitration
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 agree that if, for any reason, a provision of this Release is held unenforceable by any court of competent jurisdiction, this Release shall be automatically conformed to the law, and otherwise this Release shall continue in full force and effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “dismiss the charges in Perry County.” This court has held that a “petition for postconviction relief attacking a judgment, regardless of the label placed on it by the petitioner, is considered pursuant to our postconviction rule, Criminal Procedure Rule 37.” Bailey v. State, 312 Ark. 180, 182, 848 S.W.2d 391, 392 (1993) (per curiam) (citing Williams v. State, 291 Ark. 244, 724 S.W.2d 158 (1987)). However, Rule 37 is “applicable only to such persons who are in custody.” Bohanan v. State, 336 Ark. 367, 370, 985 S.W.2d 708, 709 (1999) (emphasis added) (rejecting argument that a person on parole was “in custody” of the Department of Correction and holding that a petitioner must be incarcerated to be entitled to Rule 37 relief). Compare State v. Herred, 332 Ark. 241, 964 S.W.2d 391 (1998) (<HOLDING>). Here, at the time Wilmoth filed his petition Options: A. holding that the trial court had continuing jurisdiction over all subsequent custody orders once the trial court acquired jurisdiction B. holding that the trial court had jurisdiction to grant rule 37 relief where petitioner herred was in custody at the time the court ruled on his motion C. holding that a motion for rule 37 sanctions is dispositive D. recognizing for the first time that the habeas court had the power to retain the petitioner in conditional custody before granting relief E. holding that the district court and this court had subject matter jurisdiction over the defendants motion for modification of sentence based on amendment 706 even though the defendant filed the motion before march 3 2008 because the district court ruled on the motion after that date

assistant: The best answer is B. holding that the trial court had jurisdiction to grant rule 37 relief where petitioner herred was in custody at the time the court ruled on his motion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the parties hereto hereby acknowledge and agree that on and after the date hereof the Working Capital Purchaser Group shall include two (2) Uncommitted Purchasers (until such time, if any, that an additional Uncommitted Purchaser is joined to such Purchaser Group or an Uncommitted Purchaser is removed from such Purchaser Group). As such, in connection with any Incremental Purchase occurring on or after the date hereof, either such Uncommitted Purchaser may fund all or a portion (in its sole discretion) of its Purchaser Group’s portion of such Incremental Purchase. To the extent that both Uncommitted Purchasers desire to fund all or a portion of its Purchaser Group’s portion of such Incremental Purchase, the allocation of such funding shall be determined by such Uncommitted Purchasers in consultation with their Purchaser Agent.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement will be in force and effect for an initial term beginning as of the date of the Agreement and ending on December 31, 2018 (the “Initial Term”). On December 31, 2018, the Agreement will be renewed automatically for successive additional periods of two (2) years (each such two-year period, a “Renewal Period” and together with the Initial Term, the “Term”) unless (i) either Party notifies the other Party in writing of a plan to substantially shut down its operations to the extent that continuation of the Agreement is no longer commercially feasible, in which case the Agreement will survive for an additional two (2) year period during which time the Services and the Utilities will continue to be provided or (ii) Licensee notifies Licensor in writing on or prior to June 30, 2018, with respect to the Initial Term, or June 30 of the second year of any subsequent Renewal Period of its desire to terminate this Agreement, in which case this Agreement shall terminate 12 months after the delivery of such written notification.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in light of Padilla ... the distinction in Pennsylvania between direct and collateral consequences to define the scope of constitutionally ‘reasonable professional assistance’ required under Strickland ... is appropriate?" 8 . Certainly, there are numerous instances when the Pennsylvania appellate courts have found counsel to be ineffective under the ambit of Strickland. See, e.g., Commonwealth v. Flanagan, 578 Pa. 587, 854 A.2d 489 (2004) (guilty plea counsel was ineffective in failing to object to a patently defective guilty plea colloquy); Commonwealth v. Brooks, 576 Pa. 332, 839 A.2d 245 (2003) (under Strickland, counsel's failure to meet in person with the defendant before trial constituted ineffective assistance of counsel); Commonwealth v. McClellan, 887 A.2d 291 (Pa.Super.2005) (<HOLDING>); Commonwealth v. Corley, 816 A.2d 1109 Options: A. recognizing that strickland applies to ineffective assistance of appellate counsel claims B. holding that the prejudice prong of strickland was not met in a claim of ineffective assistance of counsel for failing to object to the prosecutors misstatement of law where the trial court properly instructed the jury C. holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case D. holding that the strickland test applies to claims that counsel was constitutionally ineffective for failing to file a notice of appeal E. holding that under the ambit of strickland counsel was ineffective in failing to provide in a timely manner the identity and opinion of an expert witness who tended to prove the defendants alibi defense

assistant: The best answer is E. holding that under the ambit of strickland counsel was ineffective in failing to provide in a timely manner the identity and opinion of an expert witness who tended to prove the defendants alibi defense
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 additional instance in which Cameco purposefully and knowingly availed itself of a business opportunity in Colorado. Cameco argues that Mr. Benton’s presence in Colorado is a mere coincidence that is inadequate to confer specific jurisdiction over Cameco. However, we do not agree that “[t]he quality and nature” of Cameco’s contact with Colorado was “so ... random, fortuitous, [and] attenuated that it cannot fairly be said that [Cameco] should reasonably anticipate being haled into court” in Colorado. Burger King, 471 U.S. at 486, 105 S.Ct. 2174 (citations and quotation marks omitted). This is not a case in which the defendant’s only contacts with the forum resulted from “the mere unilateral activity” of the plaintiff. See World-Wide Volkswagen, 444 U.S. at 298, 100 S.Ct. 559 (<HOLDING>); Hanson, 357 U.S. 235, 78 S.Ct. 1228, 2 Options: A. holding consumers unilateral act of taking product to forum state insufficient to subject manufacturer to jurisdiction there B. holding that unilateral activity of a third party is not an appropriate consideration in determining what contacts are sufficient for personal jurisdiction purposes C. holding that personal jurisdiction over defendant car manufacturer was inappropriate when defendants only contacts with the forum resulted from plaintiffs unilateral activity of driving defendants product into another state D. holding that personal jurisdiction over defendant trustee was inappropriate when defendants only contacts with the forum resulted from plaintiffsettlors unilateral activity of moving to florida E. holding that court did not have personal jurisdiction over nonresident defendant where defendant assignee received patents from assignor over whom court had personal jurisdiction in part because the unilateral activity of those who claim some relationship with a nonresident defendant cannot satisfy the requirement of contact with the forum state

assistant: The best answer is C. holding that personal jurisdiction over defendant car manufacturer was inappropriate when defendants only contacts with the forum resulted from plaintiffs unilateral activity of driving defendants product into another state
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 hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with its specific terms or were otherwise breached. Accordingly, the parties shall be entitled to specific performance of the terms hereof, including an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity. Each of the parties hereby further waives (a) any defense in any action for specific performance that a remedy at law would be adequate and (b) any requirement under any Law to post security or a bond as a prerequisite to obtaining equitable relief.

assistant: Specific Performance
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: could conceivably have any effect on the estate being administered in bankruptcy.’ ”) (quoting Pacor, Inc. v. Higgins, 743 F.2d 984, 994 (3d Cir.1984)), the proceeding will not effect Debtors’ claims processes or their bankruptcy cases in general. See Donington, 194 B.R. at 759 (“ ‘subsection (0) does not render a proceeding core merely because the resolution of the action results in more, or less, assets in the estate.’ ”) (quoting In re Baranello & Sons, Inc., 149 B.R. 19, 25 (E.D.N.Y.1992)). Plaintiffs withdrew their proof of claim as of right prior to the commencement of this action. Therefore, Plaintiffs’ alleged “claim” constitutes a legal nullity for the purposes of Debtors’ bankruptcy and is completely governed by state law. See Smith v. Dowden, 47 F.3d 940, 943 (8th Cir.1995) (<HOLDING>). In addition, the Plan, effective as of Options: A. recognizing the right to waive a jury trial B. holding defendant to a preference action has a right to a jury trial pursuant to the seventh amendment of the united states constitution but that right can be waived by filing a claim in the bankruptcy proceedings C. holding that seventh amendment right to jury trial not violated by courts dismissal for failure to state a claim pursuant to rule 12b6 because as a matter of law complaint faded to present an issue for trial D. holding that seventh amendment right to jury trial not violated by courts dismissal for lack of jurisdiction E. holding that creditors withdrawal of proof of claim before trustee was able to commence fraudulent transfer proceeding against them rendered their withdrawn claim a legal nullity not effective to waive defendants seventh amendment right to a jury trial

assistant: The best answer is E. holding that creditors withdrawal of proof of claim before trustee was able to commence fraudulent transfer proceeding against them rendered their withdrawn claim a legal nullity not effective to waive defendants seventh amendment right to a jury trial
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 Administrator, in the event of the death of a Participant or in any other circumstance, may accelerate distribution of any Plan Award in its entirety or in a reduced amount, in cash or in Stock, or modify any Plan Award, in each case on such basis and in such manner as the Administrator may determine in its sole discretion, but subject to compliance with the applicable requirements of section 409A of the Code, and for Performance-Based Awards, subject to the requirements of Section 5(e)(5) above that no payment shall be made with respect to a Performance-Based Award until (i) the end of the Performance Period and (ii) the Compensation Committee has certified in writing that the Performance Goals with respect to such Performance-Based Award have been met.

assistant: Modifications
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: Schedule 4.12 sets forth a complete and accurate list of all Subsidiaries of the Borrower, showing as of the Closing Date (as to each Subsidiary) the jurisdiction of its incorporation, the address of its principal place of business and its U.S. taxpayer identification number or, in the case of any non-U.S. party that does not have a U.S. taxpayer identification number, its unique identification number issued to it by the jurisdiction of its incorporation.

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 third party approval or consent is required for Seller to enter into this Agreement or to consummate the transactions contemplated hereby. This Agreement and all documents required hereby to be executed by Seller are and shall be valid, legally binding obligations of and enforceable against Seller in accordance with their terms.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Article VIII shall survive Full Payment of the Obligations. Other than Sections 8.01 , 8.04 and 8.07 , this Article VIII does not confer any rights or benefits upon Borrowers or any other person. As between Borrowers and Administrative Agent, any action that Administrative Agent may take under any Loan Documents or with respect to any Obligations shall be conclusively presumed to have been authorized and directed by Secured Parties.

assistant: Survival
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: those premises. This is not the act of an adult capable of free will and/or normal judgment. 8. Based on the above highly abnormal and continuously abusive state of affairs, Ms. Each was bereft of her cognitive faculties and associated capacity for normal adult judgment such that she was unable to fully appreciate the nature of Mr. Hose’s abuse oi/control over her and to take steps to actively interdict that control and associated abuse. (App. 223-24.) We do not necessarily reject the possibility that Each’s psychological development was retarded or even arrested during her time with Hose. We cannot, however, agree with Each’s contention that, “as a matter of law, [she] was incompetent from the outset as she was a minor at the time of her initial captivity and 977, 980 (8th Cir.1984) (<HOLDING>); Zeidler v. United States, 601 F.2d 527, Options: A. holding that the statute of limitations accrued when the minors father was appointed his guardian and not when the minor became comatose B. holding that a child was not barred by a former statute of limitations applicable to actions to establish the existence of a father and child relationship when the current action was to establish the nonexistence of a father and child relationship and the presumed father no longer persisted in maintaining paternity C. holding that a claim accrued when a comatose patient died not when she fell into a yearslong coma because the plaintiff was never aware of her injury or its cause D. holding that the plaintiff was required to arbitrate his claim which accrued before he became bound by the arbitration rules of the new york stock exchange because he was fully aware of the existing claim at the time he became a member of the exchange and became bound by its arbitration rules E. holding that the payments accrued

assistant: The best answer is A. holding that the statute of limitations accrued when the minors father was appointed his guardian and not when the minor became comatose
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 and all of its corporate Restricted Subsidiaries are duly organized, validly existing and in good standing (or its equivalent) under the laws of the jurisdiction of its organization except where the failure to be so duly organized, validly existing and in good standing, either individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect . The Borrower and all of its Subsidiaries are each in good standing (or its equivalent) and are duly qualified to do business in each jurisdiction where, because of the nature of their respective activities or properties, failure to be in such good standing or so qualified would have a Material Adverse Effect.

assistant: Existence
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: that “post-offense rehabilitative efforts (e.g., counseling or drug treatment)” are appropriate considerations supporting a finding of acceptance of responsibility. § 3E1.1, cmt. n. 1(g). Ms. Lozano underscores her efforts at rehabilitation during the period of her pretrial- incarceration, which the district court also noted. In response, the government argues-that Ms. Lozano would not receive a lower sentence on remand. First, it argues that the adjustment is not meant to benefit a “defendant who puts the government to its burden of proof at trial by denying the essential factual elements of guilt.” USSG § 3E1.1 cmt. n. 2. The government avers that this court has sparingly approved the two-level adjustment exception to a defendant who proceeds to trial, citing Herron, 432 F.3d at 1139 (<HOLDING>). The government also invokes United States v. Options: A. holding abuse of discretion is established if district court decision was based on an error of law B. holding that the district court had the discretion to grant a downward departure for postsentence rehabilitation C. recognizing that we review the sentence imposed by a district court under the abuse of discretion standard D. holding that the district courts denial of a downward departure was an exercise of discretion and therefore not reviewable E. holding we would find an abuse of discretion if the district court had granted the downward adjustment

assistant: The best answer is E. holding we would find an abuse of discretion if the district court had granted the downward adjustment
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: that the Board of Immigration Appeals (BIA) wrongfully found him statutorily ineligible for discretionary relief from deportation under former § 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182(c). Reviewing the record de novo and giving deference to the BIA’s permissible interpretations, see INS v. Aguirre-Aguirre, 526 U.S. 415, 424, 119 S.Ct. 1439, 143 L.Ed.2d 590 (1999), we affirm for the following reasons: 1. Former § 212(c) limits eligibility for discretionary relief to “aliens lawfully admitted for permanent residence.” See 8 U.S.C. § 1182(c). Where permanent residency status is obtained by false pretenses the “legally admitted for permanent resident” requirement of former § 212(c) is not met. See, e.g., Matter of Longstaff, 716 F.2d 1439, 1441 (5th Cir.1983) (<HOLDING>); Rodriguez v. Ashcroft, 58 Fed.Appx. 596, 2003 Options: A. holding that admission is not lawful if it is regular only in form the term lawfully denotes compliance with substantive legal requirements not mere procedural regularity B. holding that when a term is not defined in a contract the presumption is that the term is to be given its ordinary meaning and significance C. holding that statement within expert report is not a judicial admission but is instead an admission by party D. holding that it is not E. holding that standard of review is a matter of procedural rather than substantive law

assistant: The best answer is A. holding that admission is not lawful if it is regular only in form the term lawfully denotes compliance with substantive legal requirements not mere procedural regularity
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: joined the conspiracy.” Id. at 194 (citations omitted.) Even Witkin, however, notes that a defendant is not liable for the substantive offenses committed by his coconspirators prior to his joining the conspiracy. See Witkin & Epstein § 96. 18 . Appellants' multiple conspiracies arguments are focused on counts three and four. They also claim, however, that the evidence underlying their convictions on count two was simply a conglomeration of the evidence presented on counts three and four. This argument is flatly contradicted by the prosecution’s case, which involved evidence of numerous predicate conspiracies and overt acts ibel approach has been applied by at least one other Ninth Circuit panel, in another case involving the Mexican Mafia. Shryock, 342 F.3d 948, 985-86 (9th Cir.2003) (<HOLDING>). 20 . Schoenberg’s challenge to count three is Options: A. holding that even if the statements were improperly admitted any error was harmless since there was overwhelming evidence connecting the defendant to the conspiracy B. holding that because trial court actually gave part of a jury charge that appellant claimed was improperly omitted and because remainder of courts charge adequately defined one of the legal terms at issue the courts jury charge taken as a whole was not misleading and did not constitute reversible error C. holding under a plain error analysis that a failure to charge the jury with an essential element did not warrant reversal of the conviction where the evidence supporting that element was overwhelming D. holding that overwhelming evidence of element of crime rendered miranda error harmless when improperly admitted statement went to same element E. holding that jury instruction improperly defined element of rico conspiracy charge by not using language consistent with the operation or management test but concluding that the error was harmless

assistant: The best answer is E. holding that jury instruction improperly defined element of rico conspiracy charge by not using language consistent with the operation or management test but concluding that the error was harmless
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 MHSAA is not a federal aid recipient, it is nonetheless subject to Title IX. The premise of this argument is that because local Michigan school districts have “ceded control” over interscholastic athletics to the MHSAA, and because interscholastic athletic programs receive federal financial assistance, MHSAA has control over a federally funded activity and should be subject to Title IX. This precise issue was left unresolved by the recent Supreme Court decision in Smith which explicitly declined to consider whether, “when a recipient cedes controlling authority over a federally funded program to another entity, the controlling entity is covered by Title IX regardless [of] whether it is itself a recipient.” Id. at 930. Given that the Supreme Court has left this issue unresolved 9) (<HOLDING>). See also Kemether v. Penn. Interscholastic Options: A. holding in part that the ncaa was subject to title vi because it exercised controlling authority over athletic programs receiving federal financial assistance B. holding that title ix subjects state athletic association to suit under the theory that association controls athletic programs receiving federal aid C. holding that the ncaa did not exercise controlling authority over school athletic programs D. holding that federal programs that require uniform application necessitate formulation of controlling federal rules E. holding that a school district was not liable for sexual molestation of plaintiffs daughter by a teacher even though the acts occurred on school property and during school hours

assistant: The best answer is C. holding that the ncaa did not exercise controlling authority over school athletic programs
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: include those whose interests are represented by a party to the action); see also Nathan, 651 F.2d at 1226 (“[I]n shareholder derivative actions arising under [Federal Rule of' Civil Procedure] 23.1, parties and their privies include the corporation and all nonparty shareholders.”); Mass. v. Davis, 140 Tex. 398, 168 S.W.2d 216, 221 (1942) (recognizing that when an injury occurs to a corporation, “each shareholder suffers relatively in proportion to the number of shares he owns, and each will be made whole if the corporation obtains restitution or compensation from the wrongdoer”). The trial court’s final judgment recognized this privity by binding both Lapiner and the plaintiffs to its terms. See Johnson v. Johnson, 841 S.W.2d 114, 115 (Tex.App.-Houston [14th Dist.] 1992, no writ) (<HOLDING>). Citing BJVSD Bird Family Partnership, L.P. v. Options: A. recognizing doctrine B. holding that fraud claim requires proof that the defendant made a material representation that was false C. holding doctrine of virtual representation requires appellant to show he is bound as a privy to the judgment D. holding that a court is not bound by a lower tribunals decision under the law of the case doctrine E. holding that bankruptcy is no exception to the due process principle that one is not bound by a judgment in personam in a litigation in which he is not designated as a party to or to which he has not been made a party by service of process internal quotation marks omitted

assistant: The best answer is C. holding doctrine of virtual representation requires appellant to show he is bound as a privy to the 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: If either Party materially breaches any term or condition of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of the breach, the non-breaching Party may terminate this Agreement on written notice at any time following the end of such thirty (30) day cure period. This Agreement shall terminate immediately upon notice if either Party (a) becomes insolvent (i.e., becomes unable to pay its debts in the ordinary course of business as they come due); (b) makes an assignment for the benefit of creditors; (c) commences, or has commenced against it, a proceeding under any bankruptcy, insolvency or debtor’s relief law; (d) has a receiver appointed over it; or (e) has ceased its ongoing business operations. In any event, FiCentive will be fully responsible to continue to fund any and all Card sales and reloads that are processed after this Agreement’s termination. Sections 4, 5, 7, 9, 11, 12, 13, 14, and 15 will survive termination or expiration of this Agreement for any reason.

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: that J.B. is capable of making academic progress without psychological and counseling services because there is no evidence to support such a finding. Consequently, at a minimum, J.B. should receive a psychiatric evaluation for diagnostic and evaluation purposes in order to determine the extent of the psychological and counseling services that he needs to benefit from special education. Based on this evaluation, a PPT must be convened to incorporate the psychiatrist’s recommendations into an appropriate special education program for J.B. This Court is sensitive to the warning that courts should avoid causing states to incur huge expenditures by requiring states to provide health care. See Detsel v. Board of Educ. of Auburn Enlarged City Sch. Dist., 637 F.Supp. 1022, 1027 (N.D.N.Y.1986) (<HOLDING>), aff'd, 820 F.2d 587 (2d Cir.), cert. denied, Options: A. holding that plaintiff who provided similar services which were arguably attendant care services under state law fell within the exemption B. holding that the medicaid statute as amended by the federal nursing home reform amendments did not create a private cause of action for nursing home residents against nursing homes C. holding that charging fees for medical services did not violate the eighth amendment where prisoner did not allege denial of medical care D. holding claim that negligent supervision caused assault was health care liability claim because it was inseparable from the health care and nursing services provided E. holding that constant inschool nursing care for a severely physically handicapped child falls within the medical services exclusion

assistant: The best answer is E. holding that constant inschool nursing care for a severely physically handicapped child falls within the medical services exclusion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the satisfaction of the Consent Requirements (as defined in Section 3 of this Action), each Agent and Lender party hereto, by its signature below, (i) consents to the Applicable Transactions, (ii) directs the Collateral Agent to carry out the terms and provisions of this Action and (iii) acknowledges and agrees that the requirements of Section 2.1(f)(iii)(C) of the Loan Agreement have been satisfied in all respects in connection with the prepayment referred to in Section 3(a)(i) hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Committee members shall serve without compensation for services under this Plan. All reasonable expenses of Plan administration shall be paid by the Trust to the extent that the Employer does not elect to pay in accordance with applicable law. Such expenses shall include any expenses incident to the functioning of the Committee, including but not limited to accountants, actuary, counsel, and other specialists, and other costs of administering this Plan. Provided, however, that the investment fees relating to the acquisition and disposition of Trust investments shall be a charge against and paid from the appropriate Plan Participants’ accounts. Provided, further, that reasonable administrative fees related to a Participant loan may be charged to that Participant’s Plan accounts. Provided, that reasonable fees may be charged to Participants’ Plan accounts in accordance with applicable law. The Employer hereby adopts the principles in DOL Field Assistance Bulletin 2003-03, allowing this Plan to charge reasonable costs to the account of any former Employee who remains a Participant in this Plan after termination of employment with the Employer. This Plan, on a reasonable and consistent basis, shall apply either a “pro rata” or “per capita” method of allocating such costs and fees in accordance with DOL guidance under Field Assistance Bulletin 2003-03, and shall document its decisions in this Plan’s internal records and statements.

assistant: Expenses
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 notices, requests, demands or other communications pursuant hereto shall be sent in accordance with the terms and provisions set forth in Section 13.03 of the Credit Agreement. All notices and other communications shall be in writing and addressed to such party at (i) in the case of any Lender Creditor, as provided in the Credit Agreement, (ii) in the case of any Guarantor, at: ATS Consolidated, Inc. c/o Platinum Equity, LLC, 360 North Crescent Drive, Beverly Hills, CA 90210; Facsimile: 310-712-1863, Attention: Legal Department, and (iii) in the case of any other Guaranteed Creditor, at such address as such other Guaranteed Creditor shall have specified in writing to Lead Borrower and the Administrative Agent or, in any case at such other address as any of the Persons listed above may hereafter notify the others in writing.

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: paid with Vested Funds and Seized Funds. And while the majority of the ICE contract price was paid with DFI money, approximately $12 million, the record reflects that $8 million of the contract price was paid with Seized Funds. Thus, defendants have failed, with respect to either contract, to demonstrate that no “claim” was submitted within the meaning of the-FCA. And, accordingly, they are not entitled to summary judgment on this issue. B. Presentment Before FCA liability will attach to a “claim” for payment under § 3729(a)(1), the false or fraudulent “claim” must be “knowingly presented], or caus[ed] to be presented, to an officer or employee of the United Government or a member of the Armed Services of the United States.” 31 U.S.C. § 3729(a)(1); see also Totten II, 380 F.3d at 491 (<HOLDING>). This requirement ultimately presents no Options: A. holding a statement in the motion for new trial entitled certificate of presentment in which appellate counsel stated the motion was handdelivered to the trial court insufficient to establish presentment B. holding that presentment is a requirement of the fca C. holding that the fca includes a materiality requirement D. recognizing that criminal contempt is not initiated by an indictment or presentment E. holding that certificate of presentment and docket entry noting filing of motion were insufficient evidence of presentment

assistant: The best answer is B. holding that presentment is a requirement of the fca
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 Turnover Action against the Debtor’s law firm were taken in his official capacity on behalf of the bankruptcy estate and within the scope of his statutory duties to investigate, collect assets and property of the estate, and seek turnover of materials relating to the Debtor’s financial affairs and interests. C. Conclusion The essence of GKH’s contention that the Trustee acted ultra vires or outside the scope of his authority is that the Trustee acted improperly or even wrongfully in filing the Avoidance and Turnover Actions without a reasonable legal basis. However, a showing that the Trustee’s actions were wrongful or improper “does not equate to a transgression of his authority.” Cutright, 2012 WL 1945703, at *8; see also McDaniel v. Blust, 668 F.3d 153, 157 (4th Cir.2012) (<HOLDING>); Satterfield, 700 F.3d at 1236 (refusing to Options: A. holding that agency could not claim confidentiality for tax returns that had been exhibits in tax court and were therefore public records B. holding that it is well established that whether an employees actions were within the scope of employment is a question of fact and even if some of the actions were unauthorized the question of whether the actions were within the scope of employment is for the jury C. holding that if federal income tax statutes are intended to benefit anyone it is the federal government to whom the withheld tax is to be remitted there is no indication anywhere in the language of the statutes that congress intended to confer rights on employees with respect to the withholding of tax D. holding that if state law provides multiple statutes of limitations for personal injury actions the general or residual statute for personal injury actions should be used for 1983 actions E. holding barton applied to claims that counsel for the trustee sought court orders to obtain irrelevant personal income tax records because the actions even if wrongful were taken in the context of attempting to prove the adversary action

assistant: The best answer is E. holding barton applied to claims that counsel for the trustee sought court orders to obtain irrelevant personal income tax records because the actions even if wrongful were taken in the context of attempting to prove the adversary action
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: violated the standards contained in the •IHCA.” (Dep’t Declaratory Op. at 47 (Attached to Appellees’ Letter to the Court Dated May 11, 2015).) In other words, “whether Indemnity properly retained or received certain service charges paid by Exchange subscribers for certain installment premium payment plans, late or returned premium payments, and policy re-instatements.” (Id.) In sum, because the District Court’s referral order does not necessarily bring an end to the federal litigation, it is not a final order for purposes of section 1291. See Rickman Bros., 953 F.2d at 1443 (noting that, unlike the typical primary jurisdiction case, abstention orders are final because they end the federal courts’ role in the litigation); see also In re Kozeny, 236 F.3d 615, 619 (10th Cir.2000) (<HOLDING>). III. In light of the foregoing, the appeal is Options: A. holding that federal district courts lack jurisdiction to review a final state court decision in a particular case B. holding nonsuit does not violate bankruptcy stay because it is a termination of the case against the debtor C. recognizing that although the foreign action would resolve a central issue in the federal case because termination of the foreign case would not necessarily end the federal litigation the district courts stay order was not final D. holding that the district court lacked authority to enforce a foreign judgment where the plaintiff filed only an affidavit describing the foreign judgment and not a certified copy of the judgment itself in the first instance E. holding that fedrcrimp 6e would prevent disclosure of witnesss testimony to foreign officials thereby negating fear of foreign prosecution and alternatively that the fifth amendment provides no shelter against incrimination in a foreign jurisdiction where federal domestic immunity has been granted

assistant: The best answer is C. recognizing that although the foreign action would resolve a central issue in the federal case because termination of the foreign case would not necessarily end the federal litigation the district courts stay order was not final
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: no derogatory references to sex , gender , age , weight , body type , disability , ethnicity , religion , or sexual orientation , or endorsement of violence against any person or group , even if couched in humor , will be permitted .

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 Agreement and all Ancillary Agreements may be terminated and the Distribution may be amended, modified or abandoned at any time prior to the Effective Time by Parent, in its sole and absolute discretion, without the approval or consent of any other Person, including Telemynd. After the Effective Time, this Agreement may not be terminated except by an agreement in writing signed by a duly authorized officer of each of the 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: 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Get Away Club, Inc. v. Coleman, 969 F.2d 664, 666 (8th Cir.1992); St. Paul Fire & Marine Ins. Co. v. FDIC, 968 F.2d 695, 699 (8th Cir.1992). The nonmoving party is entitled to the benefit of all reasonable inferences to be drawn from the underlying facts in the record. Vette Co. v. Aetna Cas. & Sur. Co., 612 F.2d 1076, 1077 (8th Cir.1980) (citing Adickes v. S.H. Kress & Co., 398 U.S. 144, 158-59, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970)). McDonnell Douglas pretext analysis Given the absence of direct evidence of age discrimination in the present case, plaintiffs disparate treatment claim is best analyzed at the present stage of the litigation as a McDonnell Douglas pretext case. See Ryther v. KARE 11, 108 F.3d 832, 836 & n. 1 (8th Cir.1997) (en banc) (<HOLDING>), cert. denied, — U.S.-, 117 S.Ct. 2510, 138 Options: A. holding that a title vii plaintiff need not plead the elements of a mcdonnell douglas prima facie case to survive a motion to dismiss B. holding that the facts of the ease fall under the mcdonnell douglas standard which does not require direct proof of discrimination for the plaintiff to make a submissible case C. holding that whether the case could proceed under a mixedmotive instruction was not relevant because the case could proceed under the more taxing mcdonnell douglas standard D. holding that without a link to the challenged decision stray remarks did not constitute indirect evidence of discrimination sufficient to satisfy the final prong of the mcdonnell douglas framework E. holding that a plaintiff who could not demonstrate every element of the mcdonnell douglas test could nonetheless demonstrate a prima facie case

assistant: The best answer is B. holding that the facts of the ease fall under the mcdonnell douglas standard which does not require direct proof of discrimination for the plaintiff to make a submissible case