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: may, however, consider the contents of documents specifically referred to and incorporated into the complaint. Branch v. Tunnell, 14 F.3d 449, 454 (9th Cir.1994). A. Defendant OPM’s Motion to Dismiss 1. Claim for Recovery of Benefits under FEHBA Plaintiffs first cause of action is for recovery of benefits under 5 U.S.C. § 8900, et seq., the Federal Employee Health Benefits Act (“FEHBA”). OPM contends that the Court lacks subject matter jurisdiction over Plaintiffs claim under FEHBA, and thus Plaintiffs first cause of action should be dismissed under Federal Rule of Civil Procedure 12(b)(1). OPM argues that because Plaintiff has not exhausted his administrative remedies under FEHBA, the United States has not yet consented to the suit and jurisdiction is therefore lacking. ( Cir.1992) (<HOLDING>). OPM in its agency regulations under FEHBA Options: A. holding agency claim requirements under the federal torts claim act must be exhausted before district court has jurisdiction B. holding that a district court must dismiss habeas petitions containing any claims that have not been exhausted in state court C. holding that administrative remedies must be exhausted prior to filing a claim in court D. holding on direct review from the bia that bjecause minasyans claim to citizenship is not patently frivolous we have jurisdiction to review it irrespective of whether he has exhausted his claim before the agency E. holding that a bivens claim cannot be brought against a federal agency

assistant: The best answer is A. holding agency claim requirements under the federal torts claim act must be exhausted before district court has jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: tax returns, in fact, was a foster parent, provided the requisite level of financial aid during the tax year, resided with the child, or even knew the child. Defendant repeated this fraudulent income tax scheme in 1998 for purposes of the 1997 tax year. However, defendant used a different tax return preparer so as to avoid detection. Defendant’s fraudulent scheme cost the I.R.S. approximately $40,935.00. II. Analysis We review a district court’s interpretation of a sentencing guideline de novo, United States v. Adu, 82 F.3d 119, 124 (6th Cir.1996), and its factual determinations underlying an application of a sentencing guideline for clear error, United States v. Jackson-Randolph, 282 F.3d 369, 390 (6th Cir.2002). See United States v. Caseslorente, 220 F.3d 727, 734 (6th Cir.2000) (<HOLDING>); Jackson-Randolph, 282 F.3d at 390 (holding Options: A. holding that we review for clear error a district courts factual determination as to whether prior cases were consolidated for sentencing under ussg 4a12a2 and that we give the court due deference in its application of the guidelines to that determination B. holding that we review for clear error a district courts factual determination of a defendants role in an offense for purposes of applying ussg 3b11a C. holding that we review for clear error the bankruptcy courts factual findings D. holding that we review for clear error a district courts factual determination of the conduct in which defendant engaged but that we review de novo the district courts determination of whether that conduct constitutes relevant conduct for purposes of ussg 1b13a2 E. holding that we review a district courts refusal to apply ussg 5c12 for clear error because it is a factual finding

assistant: The best answer is B. holding that we review for clear error a district courts factual determination of a defendants role in an offense for purposes of applying ussg 3b11a
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: moots Weinstein’s substantive claims. IV The Weinstein firm received adequate notice of the financing agreement and its substantive objections to the agreement are moot. AFFIRMED. 1 . Two of our sister circuits have adopted our approach. See In re Ellingsen MacLean Oil Co., Inc., 834 F.2d 599, 600-01 (6th Cir.1987) (where a bank extended post-petition financing in return for the waiver of any right to challenge its pre-petition liens, extending the protection of § 364(e) to both the post-petition debt and the waiver); In re Reveo D.S., Inc., 901 F.2d 1359, 1364 (6th Cir.1990) (explaining that in "reviewing financing orders subject to section 364(e) [courts] have been reluctant to sever individual provisions”); In re Western Pacific Airlines, Inc., 181 F.3d 1191, 1195 (10th Cir. 1999) (<HOLDING>). But see Matter of Saybrook Mfg. Co., Inc., Options: A. holding that a mortgage took priority over a judgment lien under real prop 3201 where the mortgage had been executed before but recorded after the institution of a lawsuit to obtain the judgment lien B. holding that a property right that comes into existence by court action such as a judgment lien does not relate back to some earlier date to destroy the priority of a federal tax lien C. holding that a judgment resolving the question of the priority of the federal tax lien constitutes a final and appealable order over which we have jurisdiction D. holding that 364e prohibits not only outright invalidation of a lien or priority but also modification of the terms E. holding that the lien bond releases the property from the lien but the lien is then secured by the bond

assistant: The best answer is D. holding that 364e prohibits not only outright invalidation of a lien or priority but also modification of the 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: Pepper’s conviction on count fourteen is REVERSED. The total amount of Pepper’s special assessments is reduced by $50. 1 . Under Fed.R.Evid. 801(c), hearsay is a: [Statement, other that one made by the de-clarant while testifying at the trial or hearing, offered in evidence to prove the matter asserted. 2 . Moreover, there is also sufficient evidence in the record to conclude that Pepper perjured himself when he testified at trial that he had not told people he was wealthy. This would also support a two level increase for obstruction of justice. See U.S.S.G. § 3C1.1, application note 3(b) (citing perjury as an example of obstruction of justice). 3 . The amount of restitution was supported by a preponderance of the evidence. See United States v. Reese, 998 F.2d 1275, 1282 (5th Cir.1993) Options: A. holding that criminal conduct of which defendant is acquitted may be used as sentencing factor if proved by preponderance of the evidence B. holding injunctive relief proper if proved at trial by a fair preponderance of the evidence C. holding that the factual underpinnings of a restitution order must be proved by a preponderance of the evidence D. holding that factual conclusions of sentencing court which must be supported by a preponderance of the evidence are reviewed for clear error E. holding preponderance of the evidence must be against a claim before the claim can be denied where factual record is insufficient remand required

assistant: The best answer is C. holding that the factual underpinnings of a restitution order must be proved 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: (a) Unless otherwise defined herein, terms defined or defined by reference (x) in the Collateral Agency Agreement and used herein shall have the meaning given to them in the Collateral Agency Agreement and (y) if not so defined in the Collateral Agency Agreement, in a Credit Agreement and used herein shall have the meanings given to them in such Credit Agreement, and the following terms that are defined in the Code (as in effect on the date hereof) are used herein as so defined: Cash Proceeds, Chattel Paper, Commercial Tort Claims, Deposit Accounts, Documents, Electronic Chattel Paper, Equipment, Farm Products, Fixtures, General Intangibles, Goods, Letter-of-Credit Rights and Money.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: at linden lab 's request , you agree to defend , indemnify and hold harmless linden lab , its officers , directors , shareholders , employees , subsidiaries , and agents from all damages , liabilities , claims and expenses , including without limitation attorneys ' fees and costs , arising from : ( i ) your user content ; ( ii ) your acts , omissions , or use of the service , including without limitation your negligent , willful or illegal conduct ; ( iii ) your breach or alleged breach by you of this agreement , including without limitation your representations and warranties relating to your content ; ( iv ) your violation or anticipatory violation of any applicable law , rule or order in connection with your use of or activities in the service ; ( v ) information or material transmitted through your internet device that infringes or misappropriates any intellectual property right ; ( vi ) any misrepresentation made by you ; ( vii ) linden lab 's use of the information that you submit to us ; ( viii ) your purported `` ownership '' of any usage subscriptions or virtual items ; or ( ix ) the increase or decrease in `` value '' or loss of usage subscriptions or virtual items if linden lab deletes , terminates , or modifies them ( all of the foregoing , `` claims and losses '' ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of a dispute between the Company and the Executive regarding the entitlement of the Executive to benefits hereunder or the amount thereof, it is the intention of the parties that the dispute shall be resolved as expeditiously as possible, consistent with fairness to both sides. Accordingly, any claim or dispute relating to the entitlement of the Executive to benefits hereunder or the amount thereof, shall be resolved by binding private arbitration before three arbitrators. Either party may request arbitration by written notice to the other party. Within 30 days of receipt of such notice by the opposing party, each party shall appoint a disinterested arbitrator and the two arbitrators selected thereby shall appoint a third neutral arbitrator. In the event the two arbitrators cannot agree upon the third arbitrator within 10 days after their appointment, then the neutral arbitrator shall be appointed by the Chief Judge of Hennepin County (Minnesota) District Court. Any arbitration proceeding conducted hereunder shall be in the City of Minneapolis and shall follow the procedures set forth in the Rules of Commercial Arbitration of the American Arbitration Association, and both sides shall cooperate in as expeditious a resolution of the proceeding as is reasonable under the circumstances. The arbitration panel shall have the power to enter any relief it deems fair and just on any claim, including interim and final equitable relief, along with any procedural order that is reasonable under the circumstances. Any award rendered by any arbitration panel, or a majority thereof, may be filed and a judgment obtained in any court having jurisdiction over the parties unless the relief granted in the award is delivered within 10 days of the award.

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: In the event of Employee’s Retirement, Death or Disability, all benefits generally available to Employer's employees as of the date of such an event shall be payable to Employee or Employee's estate, in accordance with the terms of any plan, contract, understanding or arrangement forming the basis for such payment. Neither Employer nor any affiliate shall have any further obligation to Employee under this Employment Agreement or otherwise, except for payment to Employee of any and all accrued salary and bonuses, provision of the opportunity to elect COBRA health care continuation and otherwise as may be expressly required by law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that “[t]he Secretary shall take appropriate action, in accordance with § 1232g of this title, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained [by educational agencies] pursuant to this subchapter.” 20 U.S.C. § 1417(c) (Supp.2006). One provision of the subchapter requires the states to develop, review, and revise an IEP for each child with a disability. 20 U.S.C. § 1412(a)(4) (Supp. 2006). ¶21 As with FERPA, § 1417(c) of the IDEA does not state that special education records are “privileged.” The terms “privileged” and “confidential” are not interchangeable. Ariz. Dep’t of Econ. Sec. v. O’Neil, 183 Ariz. 196, 197, 901 P.2d 1226, 1227 (App.1995); see also Hanson, 18 Ariz. App. at 133, 500 P.2d at 918 (<HOLDING>). Instead, it provides special education Options: A. recognizing an absolute privilege for police records in a habeas corpus action B. holding that ferpa and state law did not create an educational records privilege C. holding that records relating to a student court were not education records D. holding that statute making child welfare agency records confidential but disclosable pursuant to a court order did not create an absolute privilege for such records E. recognizing that refinement of rule governing confidential court records was a necessary step in providing the public electronic access to court records

assistant: The best answer is D. holding that statute making child welfare agency records confidential but disclosable pursuant to a court order did not create an absolute privilege for such records
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: 757, 762 (7th Cir.1993). Again, we cannot say that the trial court erred in concluding that Howard failed to prove that the given reasons for striking these jurors were pretextual. Finally, Howard argues that the prosecutor’s comprehensive questioning of Gladys McElrath and his mischaracterization of Jeffrey Dunbar’s testimony demonstrate his discriminatory intent. We disagree. McEl-rath’s statements that she did not believe in capital punishment and “would go for life” legitimately prompted extensive questioning by the prosecutor, and the prosecutor’s observation that Dunbar had twice stated he could not vote for the death penalty was accurate. Moreover, Dunbar’s unique status as a recent high school graduate was a race-neutral reason for striking him. See Jackson, 983 F.2d at 762 (<HOLDING>). In sum, we hold that the trial court did not Options: A. holding that age is an acceptable raceneutral reason for striking a prospective juror B. holding the prosecution to a higher burden of proof than the law required is a valid raceneutral reason for excluding a juror C. holding that where a nonblack juror with no prior jury experience was empaneled the proffered reason for striking a black juror for lack of jury experience was not genuine and therefore was pretextual D. holding that the criminal arrest history even of a jurors family members is a sufficiently raceneutral reason to satisfy the dictates of batson E. holding that defendants pretext argument failed because the state offered another legitimate reason for striking the prospective juror

assistant: The best answer is A. holding that age is an acceptable raceneutral reason for striking a prospective juror
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 shall notify the Administrative Agent by telephone (confirmed by telecopy) of any prepayment hereunder (i) in the case of prepayment of a Eurodollar Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of prepayment, or (ii) in the case of prepayment of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of prepayment. Each such notice shall be irrevocable and shall specify the prepayment date and the principal amount of each Borrowing or portion thereof to be prepaid. Promptly following receipt of any such notice relating to a Borrowing, the Administrative Agent shall advise the Lenders of the contents thereof. Each prepayment of a Borrowing shall be applied ratably to the Loans included in the prepaid Borrowing. Prepayments shall be accompanied by accrued interest to the extent required by Section 3.02.

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 legal provision and list the applicable contract clause categories. Provision: Except as may otherwise be provided by the Administrator either in the Award agreement or, subject to Section 18 below, in writing after the Award is issued, a grantee’s rights in all Performance Share Awards shall automatically terminate upon the grantee’s termination of employment (or cessation of service relationship) with the Company and its Subsidiaries 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 legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in any number of counterparts and by different parties and separate counterparts, each of which when so executed and delivered, shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this Amendment by telefacsimile or other electronic transmission shall be effective as delivery of a manually executed counterpart of this Amendment.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: assistance by failing to present evidence that was favorable to the defense, failing to properly cross-examine the main prosecution witnesses, and failing to demonstrate the prejudice the defense suffered due to the People’s failure to provide a specific time and date in its demand for a notice of alibi. In denying Alexander’s petition, the Superior Court held that Alexander’s “arguments are blatant attempts to re-litigate issues that were already raised and resolved on [direct] appeal” before this Court. 2015 V.I. LEXIS 9, at *9. Although the Superior Court did not expressly state it, this reasoning was essentially a holding that Alexander’s petition was procedurally barred because it was already raised and addressed on direct appeal by this Court. See Blyden, 64 V.I. at 377 (<HOLDING>). This was error. This Court did not address Options: A. holding that a similar claim in a rule 32 petition was procedurally barred because it was raised at trial and because it was raised on direct appeal B. holding that a caldwell claim is procedurally barred if it is not raised on direct appeal C. holding that a habeas claim is procedurally barred where it was already raised on direct appeal and decided on the merits by this court D. holding that the claim of not being able to interview jurors was procedurally barred because the claim should and could have been raised on direct appeal E. holding that the caldwell claim is procedurally barred because it could have been raised on direct appeal but was not

assistant: The best answer is C. holding that a habeas claim is procedurally barred where it was already raised on direct appeal and decided on the merits by this court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: an insolvent financial institution.”). While neither the D’Oench doctrine nor 12 U.S.C. § 1823(e) prevents plaintiffs from asserting affirmative claims or defenses that do not depend on “agreements,” see Garrett v. Commonwealth Mortgage Corp., 938 F.2d 591, 595 (5th Cir.1991) (citing Langley v. FDIC, 484 U.S. 86, 93-4, 108 S.Ct. 396, 402, 98 L.Ed.2d 340 (1987); FDIC v. McClanahan, 795 F.2d 512, 515 (5th Cir.1986)), court have interpreted the term “agreement” very broadly. Beitzell & Co. v. FDIC (In re Beitzell), 163 B.R. 637, 647 (Bankr.D.D.C. 1993); see, e.g., Langley v. FDIC, 484 U.S. 86, 90-93, 108 S.Ct. 396, 400-62, 98 L.Ed.2d 340 (1987) (interpreting “agreement” to include all conditions to the parties’ performance of the bargain); FDIC v. Giammettei, 34 F.3d 51, 58 (2d Cir.1994) (<HOLDING>). The Supreme Court has noted that the term Options: A. holding that an implicit covenant of good faith and fair dealing constitutes an agreement under 12 usc 1823e B. recognizing cause of action for implied covenant of good faith and fair dealing in atwill employment contract C. recognizing that evidence of breach of implied covenant of good faith and fair dealing may support punitive damages D. holding that an insurers violation of covenant of good faith and fair dealing was actionable under the consumer protection act E. holding that the implied covenant of good faith and fair dealing is limited to performance under a contract

assistant: The best answer is A. holding that an implicit covenant of good faith and fair dealing constitutes an agreement under 12 usc 1823e
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: Rules § 303A.02(b)(v) (providing that a director is not independent if he or she "is a current employee ... of a company that has ... received payments from, the listed company for property or services in an amount which, in any of the last three fiscal years, exceeds the greater of $1 million, or 2% of such other company’s consolidated gross revenues”). And, even if the amount paid to Stephens Cori exceeded $1 million, Byorum would still be considered independent under the NYSE rules, because that relationship is stale (i.e., she was paid over three years before the MFW transaction). 56 . Dinh Dep. 173:4-10. 57 . Id. at 14:8-15:4, 80:17-24. 58 . See Cinerama, Inc. v. Technicolor, Inc., 663 A.2d 1156, 1167 (Del.1995); see also, e.g., Gantler v. Stephens, 965 A.2d 695, 708 (Del.2009) (<HOLDING>). 59 . Dinh Dep. 72:5-75:21. 60 . Pis.’ Br. in Options: A. holding that the plaintiffs had adequately alleged that a defendant director was not disinterested on account of his business relationship with the company whose board he sat on because he was a man of comparatively modest means B. holding that willfully violating the prohibition on engaging in business as a brokerdealer or agent without registering with the state means the defendant acted intentionally in the sense that he was aware of what he was doing C. holding that plaintiff could not show that he was disabled because he conceded that he could do his job despite his impairment D. holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present E. holding that allegation that company paid a director 50000 in consulting fees was not enough to demonstrate that the director lacked independence as plaintiffs had failed to allege that 50000 was material to the director

assistant: The best answer is A. holding that the plaintiffs had adequately alleged that a defendant director was not disinterested on account of his business relationship with the company whose board he sat on because he was a man of comparatively modest means
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 executed in any number of identical counterparts, any set of which signed by all the parties hereto shall be deemed to constitute a complete, executed original for all purposes. Transmission by facsimile, “pdf” or similar electronic copy of an executed counterpart of this Agreement shall be deemed to constitute due and sufficient delivery of such counterpart. Any party hereto may request an original counterpart of any party delivering such electronic counterpart.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice, demand or request required or permitted to be given by the Company or Adaptive pursuant to the terms of this Agreement shall be in writing and shall be deemed given when delivered personally, one day after being delivered to an overnight courier of national reputation for next day priority delivery, or upon delivery (if prior to 5:00 p.m. recipient ’ s local time on a business day, otherwise on the next business day) by facsimile or electronic mail (with a hard copy to follow by delivery to a national reputation carrier for non-priority delivery), addressed to the parties at the addresses and/or facsimile telephone number/electronic mail address of the parties set forth at the end of this Agreement, or such other address as a party may request by notifying the other 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: Amendment. C Finally, Beaty claims that his confession was involuntary under the Fifth Amendment. The Fifth Amendment, made applicable to the states through the Fourteenth Amendment, commands that ■no person “shall be compelled in any criminal case to be a witness against himself.” U.S. Const, amend. V. See also Malloy v. Hogan, 378 U.S. 1, 6, 84 S.Ct. 1489, 12 L.Ed.2d 653 (1964). The Fifth Amendment protects against involuntary statements obtained by state coercion. See, e.g., Rogers v. Richmond, 365 U.S. 534, 540-41, 81 S.Ct. 735, 5 L.Ed.2d 760 (1961). Voluntariness is considered in light of the totality of the circumstances. See, e.g., Haynes v. Washington, 373 U.S. 503, 513, 83 S.Ct. 1336, 10 L.Ed.2d 513 (1963). Specifically, we consider whether “the government ob .C.Cir.1970) (<HOLDING>). The state argues that Pens is inappo-site Options: A. holding that impermissible police procedures rendered confession involuntary B. holding that a confession obtained by interrogating the defendant for approximately 78 hours was involuntary C. holding that under elstad the first question that must be answered when determining whether a subsequent confession is tainted by an earlier confession is whether the initial confession was obtained in violation of the defendants fifth amendment rights ie whether it was involuntary or whether the confession was voluntary but obtained in technical violation of miranda D. holding involuntary a confession obtained by prison psychologist because the defendant reasonably understood that his communications would remain confidential E. holding that mental coercion led to an involuntary confession

assistant: The best answer is D. holding involuntary a confession obtained by prison psychologist because the defendant reasonably understood that his communications would remain confidential
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon and inure to the benefit of the Employer, its successors and assigns (including, without limitation, any company into or with which the Employer may merge or consolidate). The Employer agrees that it will not affect the sale or other disposition of all or substantially all of its assets unless either (a) the person or entity acquiring the assets, or a substantial portion of the assets, shall expressly assume by an instrument in writing all duties and obligations of the Employer under this Agreement, or (b) the Employer shall provide, through the establishment of a separate reserve, for the payment in full of all amounts which are or may reasonably be expected to become payable to the Executive under this Agreement .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: subject debt from dis-charge.” Id. at 169. The court cited evi-dence offered at trial that the landlord had allowed the debtors to reside at the rental property for eleven months without paying rent because of a series of promises of-fered by the debtors as to future payment. The court found that the landlord’s belief that the debtors had not dealt with him honestly was supported by deposition tes-timony of one of the co-debtors and bank statements obtained through a subpoena. The court also observed that the plaintiff was not a “sophisticated creditor seeking to manipulate the Debtors’ anxieties about litigation costs,” and thus, not the target of the statutory fee shifting provision. Id.; see also Stinson v. Robinson (Matter of Robinson), 525 B.R. 822, 826 n.7 (Bankr. N.D. Ga. 2015) (<HOLDING>); Sparks v. King (In re King), 258 B.R. 786, Options: A. holding that pro se litigants should be given reasonable opportunity to remedy the defects in their pleadings B. holding that congress did not want the substantially justified standard to be read to raise a presumption that the government position was not substantially justified simply because it lost the case citations omitted C. holding that for the administrative position of the government to be substantially justified it must have a reasonable basis both in law and fact D. holding that given creditors pro se status the complaint was substantially justified as it had a reasonable basis in fact and law and it would be unjust to penalize her for having only a lay persons knowledge of the law E. holding that the governments position must be justified to a degree that could satisfy a reasonable person and have a reasonable basis in both law and fact citations omitted

assistant: The best answer is D. holding that given creditors pro se status the complaint was substantially justified as it had a reasonable basis in fact and law and it would be unjust to penalize her for having only a lay persons knowledge of the law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower covenants and agrees that, from and after the Closing Date and until the Termination Date, it shall deliver to the Applicable Lender (a) concurrently with the delivery of such information to the applicable Merchant, copies of financial statements, notices, projections and other financial information at the times and in the manner set forth in the Liquidation Sales Agreements with such Merchant, (b) promptly after receipt by such Borrower, copies of any notices, financial statements, or other reports from any Merchant under or relating to the Liquidation Sales Agreements, (c) copies of any notices delivered to such Borrower under any Liquidator Joint Venture Agreement or any other agreement executed in connection therewith, and (d) copies of any motion filed in connection with any bankruptcy case involving a Merchant or, if relevant, order of any court hearing such case (including, without limitation, the court order (if applicable) approving the retention of such Borrower or a Liquidator JV as the liquidator and the terms of such retention) concerning the Liquidation Sale and/or any transactions contemplated under any Liquidation Sale Agreement.

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 legal provision and list the applicable contract clause categories. Provision: Sell, lease or otherwise transfer any property or assets to, or purchase, lease or otherwise acquire any property or assets from, or otherwise engage in any other transactions with, any of its Affiliates with a fair market value in excess of $100,000 for any transaction or series of related transactions, except (a) in the ordinary course of business at prices and on terms and conditions taken as a whole substantially at least as favorable to the Borrower or such Subsidiary than could be obtained on an arm’s-length basis from unrelated third parties, (b) transactions between or among the Borrower and its Subsidiaries or between the Subsidiaries, in each case to the extent permitted by Section 7.4 , (c) any Restricted Payment permitted by Section 7.5 , (d) so long as no Event of Default shall have occurred and be continuing or would result therefrom, the payment of reasonable fees and reimbursement of out-of-pocket expenses to directors of the Borrower or any Subsidiary in an aggregate amount not to exceed $2,000,000 in any fiscal year of the Borrower, (e) compensation (including bonuses and equity or other consideration) and employee benefit arrangements paid to, indemnities provided for the benefit of, and employment and severance arrangements entered into with, directors, officers, managers or employees of the Borrower or the Subsidiaries in the ordinary course of business, including in connection with the Funding Date Acquisition and any other transaction permitted hereunder; (f) any issuances of securities or other payments, awards or grants in cash, securities or otherwise pursuant to, or the funding of, employment agreements, employee stock options and employee stock ownership plans, and (h) the Funding Date Acquisition.

assistant: Transactions With Affiliates
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 any one or more than one of the provisions contained in this Agreement are, for any reason, held to be invalid, illegal, or unenforceable in any respect, the rest of this Agreement will remain enforceable. This Agreement shall then be construed as if it never contained the invalid, illegal, or unenforceable provision.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterpa1ts; each such counterpart shall be deemed an original; and all counterparts so executed shall constitute one instrument and shall be binding on al l of the patties to this Agreement notwithstanding that all of the parties are not signatory to the same counterpart.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and gave no distinct reasons for objecting to the court’s failure to include the multiple conspiracy instruction. A general objection to district court jury instructions is insufficient to preserve a specific claim. Fed.R.Crim.P. 30 states: No party may assign as error any portion of the charge or omission therefrom unless that party objects thereto before the jury retires to consider its verdict, stating distinctly the matter to which that party objects and the grounds of the objection. This rule clearly indicates that a specific objection must be made with regard to charge requests. See United States v. Friedman, 854 F.2d 535, 555 (2d Cir.1988), cert. denied, 490 U.S. 1004, 109 S.Ct. 1637, 104 L.Ed.2d 153 (1989); United States v. Martinez, 776 F.2d 1481, 1484 (10th Cir.1985) (<HOLDING>). The defendants in this case have failed to Options: A. holding that to preserve an alleged error in the admission of evidence a timely objection must be made to the introduction of the evidence specific grounds for the objection should be stated and a ruling on the objection must be made by the trial court B. holding that objection to instructions by codefendants counsel is sufficient to preserve any error C. holding a contemporaneous objection is required to preserve an issue for appellate review D. holding that the objection both instructions fit this case and should be given is inadequate to preserve issue E. holding that general objection did not preserve error on appeal

assistant: The best answer is D. holding that the objection both instructions fit this case and should be given is inadequate to preserve issue
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated as a result of such decision.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any one or more of the provisions contained herein (or parts thereof), or the application thereof in any circumstances, is held invalid, illegal or unenforceable in any respect for any reason, the validity and enforceability of any such provision in every other respect and of the remaining provisions hereof will not be in any way impaired or affected, it being intended that all of the rights and privileges shall be enforceable to the fullest extent permitted by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Second Amendment represents the agreement of the Senior Lender and the Subordinated Lenders with respect to the subject matter hereof and there are no promises or representations by the Senior Lender or the Subordinated Lenders relative to the subject matter hereof not reflected herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to present witnesses comply with procedural rules governing subpoenas and other trial functions, the Court said, because “[l]awyers are accustomed to meeting deadlines” and “[r]outine preparation involves location and interrogation of potential witnesses and the serving of subpoenas on those whose testimony will be offered at trial.” Id. at 415-16, 108 S.Ct. at 656. In this case, there was nothing constitutionally deficient in the district court’s refusal to issue a writ of habeas corpus ad testifi-candum to secure Thompson’s testimony. Despite notice, Bolender failed to satisfy the state procedural rules for service of a subpoena. Moreover his petition was untimely, coming as it did after the state had rested its case. Cf. United States v. Rinchack, 820 F.2d 1557, 1568 (11th Cir.1987) (<HOLDING>). In addition to the untimeliness of the Options: A. holding that a district court may refuse to issue a writ of habeas corpus ad testificandum solely on the grounds that the petition is untimely when the request was not filed until the trial actually began B. holding that petitioner could not challenge his conviction on the grounds that the indictment failed to charge an essential element of the crime through a writ of habeas corpus C. holding that active jurisdiction arose when the petitioner was detained for purposes of habeas corpus when the petition was filed D. holding that managing conservator while in texas to seek return of child by writ of habeas corpus may not be served with civil process and is subject to jurisdiction of court in which habeas corpus is pending and only for purpose of prosecuting writ of habeas corpus E. holding that because an untimely pcra petition was premised on claims that were cognizable under the pcra the statutory writ of habeas corpus was unavailable

assistant: The best answer is A. holding that a district court may refuse to issue a writ of habeas corpus ad testificandum solely on the grounds that the petition is untimely when the request was not filed until the trial actually began
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: accident reconstruction expert’s medical opinion was somehow compounded when the district court refused to let his medical expert testify about an area requiring expertise in accident reconstruction. {33} We underscore our discussion by first noting Defendant’s challenge is improper under Rule 12-213(A)(4)(5) NMRA 2003. His brief in chief cites no standard of review, points to no specific error, and requests no particular relief. We further note that despite Defendant’s argument that the issue was preserved below through his motion in limine and repeated objections to the line of questioning complained of, Defendant does not cite to anywhere in the record where he preserved any of the arguments he raises on appeal. State v. Varela, 1999-NMSC-045, ¶¶ 25-26, 128 N.M. 454, 993 P.2d 1280 (<HOLDING>); see State v. Lucero, 116 N.M. 450, 453, 863 Options: A. holding party must make timely and specific objection at trial to preserve issue for appellate review B. holding that general objection did not preserve error on appeal C. holding that in order to preserve an issue for review a party must make a timely and specific objection at trial D. holding timely and sufficiently specific objection is required to preserve error E. holding that to preserve an alleged error in the admission of evidence a timely objection must be made to the introduction of the evidence specific grounds for the objection should be stated and a ruling on the objection must be made by the trial court

assistant: The best answer is D. holding timely and sufficiently specific objection is required to preserve error
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 disclosed in the Registration Statement and the Prospectus, the Company and its Subsidiaries have made all filings, applications and submissions required by, possesses and is operating in compliance with, all approvals, licenses, certificates, certifications, clearances, consents, grants, exemptions, marks, notifications, orders, permits and other authorizations issued by, the appropriate federal, state or foreign Governmental Authority (including, without limitation, the United States Food and Drug Administration (the “ FDA ”), the United States Drug Enforcement Administration or any other foreign, federal, state, provincial, court or local government or regulatory authorities including self-regulatory organizations engaged in the regulation of clinical trials, pharmaceuticals, biologics or biohazardous substances or materials) necessary for the ownership or lease of their respective properties or to conduct its businesses as described in the Registration Statement and the Prospectus (collectively, “ Permits ”), except for such Permits the failure of which to possess, obtain or make the same would not reasonably be expected to have a Material Adverse Effect; the Company and its Subsidiaries are in compliance with the terms and conditions of all such Permits, except where the failure to be in compliance would not reasonably be expected to have a Material Adverse Effect; all of the Permits are valid and in full force and effect, except where any invalidity, individually or in the aggregate, would not be reasonably expected to have a Material Adverse Effect; and neither the Company nor any of its Subsidiaries has received any written notice relating to the limitation, revocation, cancellation, suspension, modification or non-renewal of any such Permit which, singly or in the aggregate, if the subject of an unfavorable decision, ruling or finding, would reasonably be expected to have a Material Adverse Effect, or has any reason to believe that any such license, certificate, permit or authorization will not be renewed in the ordinary course. To the extent required by applicable laws and regulations of the FDA, the Company or the applicable Subsidiary has submitted to the FDA an Investigational New Drug Application or amendment or supplement thereto for each clinical trial it has conducted or sponsored or is conducting or sponsoring; all such submissions were in material compliance with applicable laws and rules and regulations when submitted and no material deficiencies have been asserted by the FDA with respect to any such submissions.

assistant: Consents