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: review appellant’s sole point of error. Accordingly, I would overrule appellant’s point of error, and affirm the judgment of the trial court. JACKSON B. SMITH, Jr., Justice (Assigned), dissenting. I agree with Justice Taft that appellant, Kelton Howard Opp, did not preserve his point of error for appeal, but for a different reason than Justice Taft. The basis for appellant’s objection to the introduction of the audio portion of the videotape was “fundamental error.” Appellant did not state, with any specificity, what error was fundamentally wrong, nor why it was wrong. Thus, appellant’s objection was general, apprised the court of no specific error, and did not preserve the arguments he makes for the first time on appeal. See Butler v. State, 872 S.W.2d 227, 237 (Tex. Crim.App.1994) (<HOLDING>). There is an exception to the rale against Options: A. holding timely and sufficiently specific objection is required to preserve error B. holding that under rule 103a1 njeither a general objection to the evidence nor a specific objection on other grounds will preserve the issue on review C. holding that a party must submit a proposed instruction to preserve an objection for appeal D. holding appellant failed to preserve error when trial judge overruled objection without comment and record gave no indication of basis for objection asserted on appeal E. holding that general objection did not preserve error on appeal

assistant: The best answer is E. holding that general objection did not preserve error on appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you use third party services to purchase viber out credit , such purchase is also subject to the terms of such third party ( including with respect to payment terms , refunds , etc. ) .

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: (a) Directly or indirectly use the proceeds of any Credit Extension for any purpose which would breach the United States Foreign Corrupt Practices Act of 1977, the UK Bribery Act 2010 and other similar applicable anti-corruption legislation in other jurisdictions in any material respects, or (b) cause or permit any of the funds of any Loan Party that are used to repay the Loans to be derived from any unlawful activity with the result that the making or repayment of the Loans would be in violation of any Law.

assistant: Anti-Corruption Laws
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: During the Employment Period, the Executive shall receive a base salary equal to $400,000 per annum (the “ Base Salary ”). The Base Salary shall be reviewed annually by the Compensation Committee of the Board (the “ Compensation Committee ”) and may be increased from time to time by the Compensation Committee in its sole discretion. The Base Salary shall be paid in installments in accordance with the Company’s applicable payroll practices, as in effect from time to time, but no less often than monthly. The Base Salary shall not be reduced after any increase in accordance herewith and the term “Base Salary” as utilized in this Agreement shall refer to Base Salary as so increased.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: remedy under § 4112.05. If so, Defendant’s assertion that Plaintiffs pursuit of administra tive relief precludes him from also getting relief from bringing a civil action under § 4112.02(N). The interpretation of the Ohio General Assembly’s intent in drafting an election of remedies into Chapter 4112 of the Ohio Revised Code is a matter of state law. The Ohio Supreme Court has not spoken directly to the issue of whether an EEOC filing equates with the election of an administrative remedy under § 4112.05, but it has expressed an unwillingness to interpret Chapter 4112’s election of remedy scheme to preclude an individual from pursuing both a federal and state law claim for age discrimination. See Morris v. Kaiser Engineers, Inc., 14 Ohio St.3d 45, 471 N.E.2d 471, 474 (1984) (<HOLDING>). Further, after Morris, the Sixth Circuit Options: A. holding that a plaintiff who had previously filed a claim of age discrimination under 410117 411214 prior to recodification was not barred from later filing a charge with the ocrc under 411205 in order to meet the prerequisites for filing a federal age discrimination claim B. holding that age discrimination is not a personal injury tort C. holding that age discrimination claim was subject to compulsory arbitration D. holding disability discrimination claim barred E. holding age discrimination claim barred

assistant: The best answer is A. holding that a plaintiff who had previously filed a claim of age discrimination under 410117 411214 prior to recodification was not barred from later filing a charge with the ocrc under 411205 in order to meet the prerequisites for filing a federal age discrimination claim
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: Notices hereunder shall be mailed or delivered to the Company at its principal place of business and shall be mailed or delivered to the Manager at the address on file with the Company or, in either case, at such other address as one party may subsequently furnish to the other party 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 legal provision and list the applicable contract clause categories. Provision: No authorizations, approvals and consents of, and no filings and registrations with, any governmental or regulatory authority or agency are necessary for (i) the execution, delivery or performance by Pledgor of this Agreement or for the validity or enforceability thereof, (ii) the grant by Pledgor of the assignments and security interests granted hereby, or the pledge by Pledgor of the Collateral pursuant hereto, (iii) the perfection or maintenance of the pledge, assignment and security interest created hereby (including the first priority nature of such pledge, assignment and security interest) except for the filing of financing statements under the Uniform Commercial Code or (iv) the exercise by Lender of all rights and remedies in respect of the Collateral pursuant to this Agreement.

assistant: Approvals
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: ( a ) all materials ( including software and content whether downloaded or not ) contained in the products are owned by headspace ( or our affiliates and/or third party licensors , where applicable ) , unless indicated otherwise .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: had a legal obligation to abandon her views for the sake of unanimity, the trial court’s message served to heighten the frustrations of the jurors by indicating nothing more than the court was powerless to address the majority jurors’ apparently valid concerns. As indicated by defense counsel’s objection, and under all the circumstances, the coercive nature of the trial court’s handling of the jury’s note was readily apparent at that time. Id. The jury’s note also contributed to an atmosphere of coercion in other ways. Hooks asserts the jury’s note, which disclosed the panel’s numerical division and that an eleven-to-one majority favored death, further increased the pressure on the holdout juror to accede to the majority’s wishes and change her vote. Id. at 239-41, 108 S.Ct. 546 (<HOLDING>). In the exercise of its supervisory powers Options: A. recognizing that in certain circumstances inquiry notice may be determined as a matter of law B. recognizing that a previous panels review of the same habeas petition is the law of the case C. holding that the impact upon the victims is relevant to circumstances of the crime D. recognizing that in certain circumstances polling of the jury could be relevant to the question of coercion on habeas review E. holding that in certain circumstances fraud can be prosecuted under the statute

assistant: The best answer is D. recognizing that in certain circumstances polling of the jury could be relevant to the question of coercion on habeas review
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: See 42 U.S.C. §§ 300aa-11(b)(1)(A), 300aa-11(c)(1)(A); see also Schafer, 20 F.3d at 7; Head v. Sec’y of Dept. of Health and Human Servs., 26 Cl.Ct. 546, 547 n. 1 (1992), aff'd, 996 F.2d 318 (Fed.Cir.1993). In this case, neither Plaintiff alleges to have “suffered a relevant injury ... after he or she received a vaccine.” Nor have Plaintiffs asserted any claims in a representative capacity. Therefore, the Vaccine Act’s requirement that petitioners file a Program petition prior to a lawsuit does not bar Plaintiffs from filing the instant action against the Vaccine Manufacturers. See Schafer, 20 F.3d at 5 (explaining that the Vaccine Act’s tort suit ban does not apply to individuals who cannot file petition in the Vaccine Court except in a representative capacity); Head, 26 Cl.Ct. at 550 (<HOLDING>); McDonald v. Lederle Labs., 341 N.J. Super. Options: A. holding that mother who neither owned vehicle in question nor had control over her daughter could not be liable as a matter of law for damages caused by daughters negligent driving B. holding that an amendment by a plaintiff to allege a claim in her representative capacity as adminis trator of estate under federal law related back to claims brought in her individual capacity under state law such an amendment was not equivalent to the commencement of a new cause of action so as to subject the amendment to the statute of limitations C. holding that an award to a mother in her individual capacity in an action arising from vaccinerelated injuries received by her daughter did not bar the daughters subsequent action under the vaccine act D. holding that daughter had no express authority to sign arbitration agreement for mother where no power of attorney and daughter did not discuss signing the agreement with her mother E. holding that trial court properly terminated fathers obligation to support his seventeenyearold daughter who refused to live with father but instead chose to reside in her own apartment after her mother moved out of state where daughter offered no justifiable reason for not living with her father daughter only contended that her stepmother was too neat for her and that she wanted to live closer to her friends

assistant: The best answer is C. holding that an award to a mother in her individual capacity in an action arising from vaccinerelated injuries received by her daughter did not bar the daughters subsequent action under the vaccine act
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: jurisdiction over individual partners depends on a partner’s contacts with the forum and the forum’s laws dictating the agency relationship among partners. For example, in Sher v. Johnson, 911 F.2d 1357, 1366 (9th Cir.1990), the court held that there was personal jurisdiction over a partnership, but no such jurisdiction over the partnership’s individual partners. The court determined that based on Rush, an evaluation of each partner’s contacts with the state showed that they had not availed themselves of the forum’s protections. Id. at 1365. The court noted that although California law permitted a partner’s actions to be imputed to the partnership, the reverse was not true. Id. at 1366; see also SBKC Serv. Corp. v. 1111 Prospect Partners, L.P., 969 F.Supp. 1254, 1259 (D.Kan.1997) (<HOLDING>); Guy v. Layman, 932 F.Supp. 180, 183 Options: A. holding over B. holding that personal jurisdiction over partner did not follow from jurisdiction over partnership citing sher C. holding that court did not have personal jurisdiction over nonresident defendant because plaintiff failed to show that defendant was assignee of assignor over whom court had personal jurisdiction D. holding no personal jurisdiction over nonresident guarantor E. holding minimum contacts were necessary for personal jurisdiction over defendant

assistant: The best answer is B. holding that personal jurisdiction over partner did not follow from jurisdiction over partnership citing sher
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: Notices are to be delivered in writing, in the case of the Company, to 112 West 34th Street, 18th Floor, New York, New York 10120, Attention: Chief Executive Officer, and in the case of the Adviser, to 84 Fox Hollow Lane, Southampton, New York 11968, or to such other address as may be given by each party from time to time in under this Section. Notices shall be deemed properly given upon personal delivery, the day of delivery by overnight carrier, or three (3) days after deposit in the U.S. mail.

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: bankruptcy court did not abuse its discretion in determining that dismissal was in the best interests of creditors and is entitled to substantial deference as to its choice of remedies. Furthermore, as the Debtor has not argued that conversion of the case to chapter 7 would have been more appropriate than dismissal, we need go no further to plumb its reasoning with respect to its choice of one remedy over another. B. Section 109(g) “Section 109 sets forth who may be a debtor under title 11.” In re Inesta Quinones, 73 B.R. 333, 336 (Bankr.D.P.R.1987). T at the conduct was deliberate.” In re Lee, No. 11-8053, 2012 WL 1324234, at *9-10 (6th Cir. BAP Apr. 18, 2012) (citing In re Nelkovski, 46 B.R. 542, 544 (Bankr.N.D.Ill.1985)); see also In re Pike, 258 B.R. 876, 883 (Bankr.S.D.Ohio 2001) (<HOLDING>) (citation omitted). Here, the bankruptcy court Options: A. holding that 8 cfr 10032c3ii applies to changed country conditions in the country of origin or deportation and not changed personal circumstances in the united states B. holding that an alien failed to qualify for the changed circumstances exception by asserting only that his personal circumstances had changed by the birth of a child C. holding that successive filings in the absence of changed circumstances justified a 180day disqualification D. holding that a change in personal circumstances is not sufficient to establish changed circumstances for the purpose of 8 cfr 10032c3h E. holding that petitioners divorce was a purely personal change in circumstances that does not constitute changed conditions or circumstances in jordan

assistant: The best answer is C. holding that successive filings in the absence of changed circumstances justified a 180day disqualification
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: for summary judgment. Without acting on appellants’ request for oral argument, the court granted summary judgment in favor of Customs. See Memorandum at 10, reprinted in App. 280. The trial court determined that Customs, by the submission of detailed affidavits, had carried its burden and demonstrated that the release of the HTS numbers, when linked by an entry number to a specific shipment of goods, presented a threat to the competitive position of the importers who provide this information. See id. The court also determined that the isolated release of HTS numbers in the past by various Customs field offices did not affect the disposition of the instant case. See id. at 9, reprinted in App. 279 (citing Medina-Hincapie v. Department of State, 700 F.2d 737, 742 n. 20 (D.C.Cir.1983) (<HOLDING>)). This appeal followed. II. Analysis A. FOIA Options: A. holding that the government cannot waive foia exemption 6 on behalf of the individual whose privacy interests the exemption protects B. holding that unauthorized disclosure of documents does not constitute a waiver of the applicable foia exemption C. holding that the work product doctrine applied to a document prepared in anticipation of litigation and was therefore protected from disclosure under foia exemption 5 D. holding that the government must provide the party seeking disclosure with a detailed index describing the documents the government claims are exempt from disclosure under foia E. holding that foia exemptions are not mandatory bars to disclosure because the purpose of foia is to provide broad disclosure of government documents

assistant: The best answer is B. holding that unauthorized disclosure of documents does not constitute a waiver of the applicable foia exemption
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: proposals as creating new contracts. The summary judgment record does not present evidence that there were three separate one-year contracts, and Gallagher does not argue that in its brief. Therefore, Gallagher must demonstrate that it and the Diocese modified their contract to discharge Gallagher from the warranty. Under Louisiana law, contracts may be modified only by mutual consent of the parties to the contract. See Williams Eng’g, Inc. v. Goodyear, 480 So.2d 772, 778 (La.Ct.App.1985), aff'd, 496 So.2d 1012 (La.1986). In order to constitute a valid modification, an agreement must be clearly defined, and the party sought to be held to the modification must have in fact actually agreed to and authorized the modification. See Cardos v. Cristadoro, 228 La. 975, 84 So.2d 606, 610 (1955) (<HOLDING>); see also Wise v. Lapworth, 614 So.2d 728, 731 Options: A. holding that no fiduciary duty existed between the plaintiff and defendant because there was no evidence that the parties agreed that defendant would be acting primarily for the benefit of the plaintiffs B. holding that an oral compromise and release agreement was unenforceable where there was no written stipulation between the parties C. holding that shareholder was liable under the law and contract because by the purchase of his stock he agreed and assented to liability as provided in the state constitution which was included in the articles of incorporation and thus created a contract on the part of the shareholders which followed them wherever they might go D. holding that there was no evidence that parties actually agreed to modify stock purchase agreement and thus contract was effective as originally written E. holding that plaintiff stated a claim for breach of contract when it alleged the government failed to purchase insurance for plaintiff as agreed by contract

assistant: The best answer is D. holding that there was no evidence that parties actually agreed to modify stock purchase agreement and thus contract was effective as originally written
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: Annexes D , E and F correctly set forth all Copyrights, Patents and Trademarks registered with the U.S. Copyright Office or the U.S. Patent and Trademark Office owned by any Pledgor as of the date hereof (and as amended from time to time pursuant to Section 4.7 ) and used or proposed to be used in its business. Each such Pledgor owns or possesses the valid right to use all Copyrights, Patents and Trademarks necessary for the conduct of its business; all registrations therefor have been validly issued under applicable law and are in full force and effect; no claim has been made in writing or, to the knowledge of such Pledgor, orally, that any of such Copyrights, Patents or Trademarks is invalid or unenforceable or violates or infringes the rights of any other Person, and, to the knowledge of such Pledgor, there is no such violation or infringement in existence; and to the knowledge of such Pledgor, no other Person is presently infringing upon the rights of the applicable Pledgor with regard to any of such Copyrights, Patents or Trademarks.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, as to its subject matter, exclusively and completely states the rights, duties and obligations of the Parties and supersedes all prior and contemporaneous representations, letters, proposals, discussions and understandings by or between the Parties. This Agreement may only be amended in a writing signed by both Parties. The Parties, by their representatives signing below, agree with the terms of this Agreement. In particular, no shrink-wrap, click-wrap, or other terms and conditions or agreements (“ Additional Terms ”) provided with any products or software hereunder shall be binding on Natera, even if use of such products and software requires an affirmative “acceptance” of those Additional Terms before access is permitted. All such Additional Terms shall be of no force or effect and shall be deemed rejected by Natera in their entirety.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed and enforced in accordance with the internal laws of the State of New York, without regard to the principles of conflicts of law thereof. Each party agrees that all legal proceedings concerning the interpretations, enforcement and defense of the transactions contemplated by this Agreement (whether brought against a party hereto or its respective affiliates, directors, officers, shareholders, employees or agents) shall be commenced exclusively in the state and Federal courts sitting in the State of New York. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and Federal courts sitting in the State of New York, for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein, and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. Each party hereby irrevocably waives any right it may have, and agrees not to request, a jury trial for the adjudication of any dispute hereunder or in connection with or arising out of this Agreement or any transaction contemplated hereby. If either party shall commence an action or proceeding to enforce any provisions of this Agreement, then the prevailing party in such action or proceeding shall be reimbursed by the other party for its reasonable attorneys’ fees and other costs and expenses incurred with the investigation, preparation and prosecution of such action or proceeding.

assistant: Governing Laws
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: Certain terms used in this Agreement are defined in this Section 1.1 . These terms, and the additional terms defined above, shall have the meanings assigned wherever the terms appear in this Agreement. These meanings are also applicable to the singular and plural forms of the terms defined.

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 legal provision and list the applicable contract clause categories. Provision: In case any one or more of the provisions contained in this Warrant shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. The parties shall endeavor in good faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.

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: business. J. Thomas McCarthy, McCarthy on Trademarks and Unfair Competition, (4th Edition 1997). “Requiring strong evidence to establish an assignment is appropriate both to prevent parties from using self-serving testimony to gain ownership of trademarks and to give parties incentives to identify expressly the ownership of the marks they employ.” TMT North America, Inc. v. Magic Touch, 124 F.3d 876 (7th Cir.1997); McCarthy, supra, § 18:4. A trademark is merely a symbol of goodwill. Thus, goodwill and its trademark symbol are inseparable and cannot be separated without invalidating both. McCarthy, swpra, § 18:2, p. 18-5 (1999); 15 U.S.C. § 1060. A trademark has no significance apart from the goodwill it symbolizes. United Drug Co. v. The Inc., 453 F.Supp. 496, 501-02 (E.D.Va.1978) (<HOLDING>). Section 1060 of the Lanham Act provides the Options: A. holding that where property subject to the irss timely filed lien is sold during a nonjudicial sale and the irs is not given notice of the sale the sale of the property is made subject to and without disturbing the lien B. holding that a company that generated revenue from the sale of its assets remained in business C. holding that the separate earlier sale of the defunct business tangible assets rendered the later sale of the trademark invalid D. holding that the debtors were entitled to cure the mortgage arrearage through their chapter 13 plan because the creditors failure to record the sale deed prior to the bankruptcy filing rendered the sale incomplete under state law E. holding in the analogous context of choiceoflaw in relation to the sale of personal property that compensation for arranging the sale is assessed apart from underlying sale

assistant: The best answer is C. holding that the separate earlier sale of the defunct business tangible assets rendered the later sale of the trademark invalid
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 (including the documents and instruments referred to herein) constitutes the entire agreement between the parties, and supersedes all prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. Neither this Agreement nor any other agreements contemplated hereby, is intended to confer upon any Person other than the parties hereto any legal or equitable rights or remedies.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower and its Subsidiaries shall timely file all tax returns that are required to be filed by them and shall timely pay all material Taxes due, except for any such Taxes as are being appropriately contested in good faith by appropriate proceedings diligently conducted and with respect to which adequate reserves have been provided.

assistant: Taxes
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: position — which they have maintained throughout this case — with their new allegations that Defendant started receiving customer complaints related to the defect almost immediately after the first-generation motors hit the market. Moreover, the Ninth Circuit has echoed doubt expressed by other courts “that customer complaints in and of themselves adequately support an inference that a manufacturer was aware of a defect, noting that complaints posted on a manufacturer’s webpage ‘merely establish the fact that some consumers were complaining’. By themselves they are insufficient to show that [the manufacturer] had knowledge [of the defect].” Wilson, 668 F.3d at 1147 (quoting Berenblat v. Apple, Inc., Nos. OS-4969 JF (PVT), 09-1649 JF (PVT), 2010 WL 1460297, at *9 (N.D.Cal. Apr. 9, 2010) (<HOLDING>)). Nevertheless, the court in Wilson conceded Options: A. holding that notice of a defect could not be imputed to a defendant inasmuch as it created the defect B. holding that an unspecified number of complaints posted on the defendants website was insufficient to show that the defendant had knowledge of an alleged defect C. holding that plaintiffs allegation that defendant had exclusive knowledge as the manufacturer did not support claim that defendant was aware of a defect D. holding that if the states criminal complaint against defendant had a jurisdictional defect the prosecution had the right to attempt to correct the defect and a motion to dismiss is one method of doing this E. holding there was no rule 404b violation where the evidence was admitted to show knowledge and knowledge was an element of the crime charged

assistant: The best answer is B. holding that an unspecified number of complaints posted on the defendants website was insufficient to show that the defendant had knowledge of an alleged defect
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: Husband’s account. Other large checks were issued to Husband and his current wife, and Husband endorsed those checks to his current wife. 7 . In the absence of a specific statutory provision, the authority to transfer title to real property for security may not be implied from a general statute authorizing a court to require security for alimony payments. An example of a jurisdiction that does permit such a transfer is North Carolina. Its relevant statutory provision states, "If the court requires the transfer of real or personal property or an interest therein as part of an order for alimony ... or for the securing thereof, the court may also enter an order which shall transfer title....” N.C.Gen.Stat. § 50-16.7(c) (1990); see Gilbert v. Gilbert, 71 N.C.App. 160, 321 S.E.2d 455 (1984) (<HOLDING>). 8 . Generally, a court of one state cannot Options: A. holding that plaintiffs may have a property interest in real property B. holding that 50167c permits the transfer of title to real property if it is necessary to insure payment of alimony C. holding that the failure to condition a transfer on death or remarriage of the wife was a factor showing that the transfer was not in the nature of alimony D. holding that trespass to try title is the method for determining title to real property E. holding that the legal title holders to real property held it in constructive trust for the equitable title holder who was entitled to the real property based on an earlier contract

assistant: The best answer is B. holding that 50167c permits the transfer of title to real property if it is necessary to insure payment of alimony
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 execution, delivery and performance by the Company of this Agreement and the other Transaction Documents to which it is a party, the issuance and sale of the Shares and the consummation by it of the transactions contemplated hereby and thereby do not and will not (i) conflict with or violate any provision of the Company’s or any Subsidiary’s certificate or articles of incorporation, bylaws or other organizational or charter documents, or (ii) conflict with, or constitute a default or breach (or an event that with notice or lapse of time or both would become a default or breach) under, result in the creation of any Lien upon any of the properties or assets of the Company or any Subsidiary, or give to others any rights of termination, amendment, acceleration or cancellation (with or without notice, lapse of time or both) of, any agreement, credit facility, debt or other instrument (evidencing a Company or Subsidiary debt or otherwise), certificate, authorization, permit, license, or other understanding to which the Company or any Subsidiary is a party or by which any property or asset of the Company or any Subsidiary is bound or affected, or (iii) subject to the Required Approvals, conflict with or result in a violation of any law, rule, regulation, order, judgment, injunction, decree or other restriction of any court or governmental authority to which the Company or a Subsidiary is subject (including federal and state securities laws and regulations), or by which any property or asset of the Company or a Subsidiary is bound or affected; except in the case of each of clauses (ii) and (iii), such as could not have or reasonably be expected to result in a Material Adverse Effect.

assistant: No Conflicts
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: Dealer shall submit to Case, within ninety (90) days after the end of Dealer’s fiscal year, audited (or where audited are not available then certified) balance sheets and financial statements for that year.

assistant: Financial Statements
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 provisions of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns permitted hereby, except that neither the Borrower nor any other Loan Party may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of Section 10.8.2 [Assignments by Lenders], (ii) by way of participation in accordance with the provisions of Section 10.8.4 [Participations], or (iii) by way of pledge or assignment of a security interest subject to the restrictions of Section 10.8.5 [Certain Pledges; Successors and Assigns Generally] (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in Section 10.8.4 [Participations] and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to demonstrate actual prejudice. Given the brutal circumstances surrounding the murder of Lorraine Martelli and the overwhelming evidence of aggravation against Rodriguez, we are not persuaded that trial counsel’s failure to present the proposed mitigating evidence of child abuse materially affected the imposition of Rodriguez’ death sentence. See Andrews v. Collins, 21 F.3d 612, 624 (5th Cir.1994) (stating that, in light of evidence that defendant stood over victim and shot him directly in the forehead and that defendant altered bullet to cause more severe devastation on impact, defendant failed to show actual prejudice suffered from counsel’s alleged deficiency), cert. denied, — U.S. -, 115 S.Ct. 908, 130 L.Ed.2d 790 (1995); Glass v. Blackburn, 791 F.2d 1165, 1170-71 (5th Cir.1986) (<HOLDING>), cert. denied, 481 U.S. 1042, 107 S.Ct. 1985, Options: A. holding that the defendant waived his opportunity to challenge a facially inconsistent verdict where he failed to raise the issue before the jurys discharge and rejecting the defendants argument that he did not have an opportunity to object when the verdict had been read aloud and the jury had been polled B. holding that where the evidence offered by the state and admitted by the trial court whether erroneously or not would have been sufficient to sustain a guilty verdict the double jeopardy clause does not preclude retrial C. holding that the jury would not have rendered a different verdict had mitigating evidence been offered because the murders were calculated and coldblooded and the victims suffered severe mental anguish both before and during the murders D. holding that jury may consider victims mental capacity in determining whether defendant acted with victims knowledge and consent E. holding that evidence of impaired mental functioning is inherently mitigating and that a defendant is not required to demonstrate a nexus between his mental capacity and the crime committed

assistant: The best answer is C. holding that the jury would not have rendered a different verdict had mitigating evidence been offered because the murders were calculated and coldblooded and the victims suffered severe mental anguish both before and during the murders
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: although Hyer was decided over 25 years ago and implicates every statute of repose directed at personal injuries in North Carolina, the legislature has not amended 1-50(6), § 1-52(16) or any other repose clause to include diseases. This omission is even more significant as the North Carolina Legislature has amended § 1-50 five times and § 1-52(16) eight times since Hyer, both statutes being barely a page. In construing statutes, it is presumed that the legislature acted with care, deliberation, and full knowledge of prior and existing law. State v. Benton, 276 N.C. 641, 658, 174 S.E.2d 793 (1970). As the North Carolina Legislature has had ample opportunity to amend these statutes, and has chosen not to, one could only assume that the legislature has found Hyer, Bullard, 874 (Fla.1980) (<HOLDING>); Also see, Leslie Calkins OToole, Wilder v. Options: A. holding statute barring all product liability suits if action is filed more than six years after date of first sale for use or consumption or ten years after date of manufacture unconstitutional as violating open courts provision B. holding that statute barring plaintiffs suit against manufacturer brought more than 12 years after date of sale as applied unconstitutionally denied plaintiffs access to courts C. holding that a domestic plaintiffs choice of forum is entitled to more deference than a foreign plaintiffs D. holding the delays of more than six years did not amount to the denial of access to the courts E. holding plaintiffs supervisor subject to suit

assistant: The best answer is B. holding that statute barring plaintiffs suit against manufacturer brought more than 12 years after date of sale as applied unconstitutionally denied plaintiffs access to courts
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: or person associated with a nationally recognized statistical rating organization.” 15 U.S.C. § 78o-7(o )(2). That provision makes clear that the state interests in enforcing consumer-protection laws and combatting deceptive business practices — the interests South Carolina and Tennessee seek to vindicate in their cases — do not tread on the federal interest in regulating the market for credit ratings. Moreover, that provision is, in itself, a recognition and vindication of the importance of the States’ interests in this case. That is, Congress intended for States to retain their ability to enforce their consumer-protection laws against NRSROs; it is for neither federal courts nor those NRSROs to question that judgment. See, e.g., Cedar Rapids Cellular Tel., 280 F.3d at 880 (<HOLDING>); State Farm Mut. Auto. Ins. Co., 902 F.Supp. Options: A. holding that applicants for welfare benefits had a property interest or legitimate claim of entitlement and were entitled to due process to protect that interest B. recognizing that an exercise of the police power necessary to safeguard the public safety and welfare can justify impairment of contractual rights and obligations C. holding in a suit by cellphone providers that fjederal telecommunications law implicitly acknowledges the importance of the state interest in enforcing its consumerprotection statutes by leaving states some latitude to protect the public safety and welfare and safeguard the rights of consumers quoting 47 usc 253b D. recognizing the states interest in preventing deception of consumers E. recognizing the importance of public welfare and conservation of water in administering its public waters

assistant: The best answer is C. holding in a suit by cellphone providers that fjederal telecommunications law implicitly acknowledges the importance of the state interest in enforcing its consumerprotection statutes by leaving states some latitude to protect the public safety and welfare and safeguard the rights of consumers quoting 47 usc 253b
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: There is no pending or (to the knowledge of the Borrower) threatened investigation, action or proceeding against the Borrower or any of its Subsidiaries before any court, governmental agency or arbitrator which (i) except as disclosed in the Exchange Act Reports filed prior to the Funding Date, would, if adversely determined, reasonably be expected to have a material adverse effect on the business, financial condition or operations of the Borrower and its Subsidiaries, taken as a whole, or (ii) purports to affect the legality, validity or enforceability of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: provision, its application to plaintiff, or the governmental interests it serves. Without such evidence, there is no showing at this juncture that plaintiff, or anyone else, is likely to be harmed by its continued enforcement. The City ordinances that prohibit “sales or exchanges,” § 62 — 5(b)(9), and establishment or acceptance of “a price or fee ... for observing or participating in a display or performance, other than ... a tip the amount of which is not solicited,” § 62-5(b)(10), along with the categorical ban on commercial activity, § 62-4, present thornier questions. I now turn to those provisions. B. Restrictions on Commercial Expression and Activity Section 62 — 5(b)(10), quoted above, plainly regulates speech. See Berger v. City of Seattle, 569 F.3d 1029, 1051 (9th Cir.2009) (<HOLDING>) (quoting regulation; emphasis in original). Options: A. recognizing the need to balance the states interest in fulfilling its responsibilities to the public the extent to which the speech in question involves a matter of public concern and the manner time place and context of the speech B. holding that campaign money laundering was in furtherance of political speech but an invalid exercise of free speech rights because it was illegal C. holding that restriction on government employee speech was unconstitutionally vague D. recognizing that code is speech E. holding that a regulation forbidding street performers to solicit donations except by passively informing the public that such donations are sought with written signs constituted a restriction on speech because it allows the conduct exchange of money but regulates only the speech by specifying the manner of requesting money only passively

assistant: The best answer is E. holding that a regulation forbidding street performers to solicit donations except by passively informing the public that such donations are sought with written signs constituted a restriction on speech because it allows the conduct exchange of money but regulates only the speech by specifying the manner of requesting money only passively
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Such Investor understands that the Shares are being offered and sold in reliance on a transactional exemption from the registration requirements of federal and state securities laws and the Company is relying upon the truth and accuracy of the representations, warranties, agreements, acknowledgments and understandings of such Investor set forth herein in order to determine the applicability of such exemptions and the suitability of such Investor to acquire the Shares. Such Investor understands that no United States federal or state agency or any Governmental Body has passed upon or made any recommendation or endorsement of the Shares.

assistant: General