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: that “[e]ach party shall assume and pay their respective attorney fees and costs incurred” in the divorce action. See In re White, 265 B.R. 547, 560 (Bankr.N.D.Tex.2001) (declining to award attorney fees in section 523(a)(15) action where “ ‘the Decree [did] not contain a provision allowing reasonable expenses incurred in enforcing the Decree’ ” (quoting In re Hammond, 236 B.R. at 769)). ¶ 15 We are convinced that it would have been futile for Seals to have asked for attorney fees in the bankruptcy proceedings. “It is well established that the law does not require litigants to do a futile or vain act.” Beltran v. Allan, 926 P.2d 892, 901 (Utah Ct.App.1996) (Billings, J., dissenting) (citation omitted); see also Jenkins v. Equipment Ctr., Inc., 869 P.2d 1000, 1002-03 (Utah Ct.App.1994) (<HOLDING>). Therefore, the trial court incorrectly Options: A. holding that the governments position must have a reasonable basis in both law and fact citations omitted B. holding in lien case that obligor was excused from making tender where tender would have been an idle ceremony and of no avail quotations and citations omitted C. holding that in an agreement of sale in which time was of the essence and tender of deeds and of purchase money were expressly waived waiver of time is of the essence of the agreement would not result from a failure to tender because the parties had agreed that neither tender of deed nor tender of purchase money was required to put the other in default D. holding that the state is not required to tender a nameclearing hearing prior to disclosing the charges or discharging the employee E. holding that the test for harmless error is whether in the mind of the average juror the prosecutions case would have been significantly less persuasive had the improper evidence been excluded citations and internal quotation marks omitted

assistant: The best answer is B. holding in lien case that obligor was excused from making tender where tender would have been an idle ceremony and of no avail quotations and citations omitted
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: 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). Garces, of course, is not controlling precedent in this circuit. In any event, Garces itself recognizes no categorical prohibition on the consideration of a vacated Alford plea. See 611 F.3d at 1347 (observing that neither case law nor Fed. R.Evid. 410 “categorically bars the BIA from considering [defendant’s] withdrawn plea for any purpose”). Indeed, our court has summarily observed that § 1182(a)(2)(C) “places no qualification upon the basis of knowledge or belief that an alien has engaged in drug trafficking.” Neptune v. Holder, 346 Fed.Appx. 671, 673 (2d Cir.2009) (emphasis in original). The focus of concern in Garces was how much evidentiary weight the guilty plea could bear under the circumstances. See 611 F.3d at 1347; see also id. at 1347-49 (<HOLDING>). Although the BIA here noted the IJ’s Options: A. holding that a defendants guilty plea was unconditional where the guilty plea was not in writing and the government did not consent to it being conditional B. holding that the movant failed to establish that plea counsel coerced him to plead guilty to avoid taking the case to trial C. holding failure to advise of right to compel witnesses and plead not guilty are not required by boykin and there is absolutely no requirement that defendant be advised of any other rights in order to be able to enter a valid guilty plea D. holding that plea carried little or no probative weight where record lacked indication that defendant made any admissions and florida law permitted defen dants to plead guilty without swearing to underlying facts E. holding that even if the district court erred in accepting defendants guilty plea without a factual basis there was no reasonable probability that but for the alleged error the defendant would not have pleaded guilty in light of the extremely favorable plea deal that was structured to find a significantly less serious offense to which he could plead

assistant: The best answer is D. holding that plea carried little or no probative weight where record lacked indication that defendant made any admissions and florida law permitted defen dants to plead guilty without swearing to underlying facts
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 Insolvency Event with respect to it has occurred and the granting of security interests in the Collateral by it to the Collateral Agent has not been made in contemplation of the occurrence thereof. Both prior to and after giving effect to the transactions occurring on each Borrowing Date, (i) the fair value of its assets at a fair valuation will exceed its debts and liabilities, subordinated, contingent or otherwise; (ii) the present fair salable value of its property will be greater than the amount that will be required to pay its probable liability on its debts and other liabilities, subordinated, contingent or otherwise, as such debts and liabilities become absolute and matured; (iii) it will be able to pay its debts and liabilities, subordinated, contingent or otherwise, as such debts and liabilities become absolute and matured; and (iv) it will not have unreasonably small capital with which to conduct the business in which it is engaged as such business is now conducted and is proposed to be conducted. For all purposes of clauses (i) through (iv) above, the amount of contingent liabilities at any time shall be computed as the amount that, in the light of all the facts and circumstances existing at such time, represents the amount that can reasonably be expected to become an actual or matured liability. It does not intend to, nor does it believe that it will, incur debts beyond its ability to pay such debts as they mature, taking into account the timing of and amounts of cash to be received by it and the timing of and amounts of cash to be payable in respect of its Indebtedness.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that, prior to the termination of this Agreement, the parties shall be entitled, without posting a bond or similar indemnity, to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof in any court as specified in Section 9(a) .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: remanded the case to the trial court to determine whether the defendant had intentionally discriminated against the plaintiff. Id. at 717, 103 S.Ct. 1478. As the Supreme Court has acknowledged, the principle announced in Aikens applies with equal force in the Bat-son context. See Hernandez, 500 U.S. at 359, 111 S.Ct. 1859 (“the same principle applies under Batson.”)-, see also Batson, 476 U.S. at 94 n. 18, 96 n. 19, 106 S.Ct. 1712 (importing Aikens and Title VII analysis into jury selection context). The primary purpose of the Batson doctrine is to prevent invidious discrimination in jury selection and in resulting jury verdicts, and thus the crux of the issue in Batson claims, as in Title VII cases, is whether a discriminatory motive exists. See Batson, 476 U.S. at 96, 106 S.Ct. 1712 (<HOLDING>) (internal quotation marks and citation Options: A. recognizing that peremptory challenges constitute a jury selection practice that permits those to discriminate who are of a mind to discriminate B. holding that a defendants exercise of peremptory challenges is not denied or impaired when the defendant chooses to use a peremptory challenge to remove a juror who should have been excused for cause C. holding that defendant waived his objection to the prosecutors use of her peremptory challenges by failing to make a contemporaneous objection during jury selection D. holding that genderbased peremptory challenges also violate the fourteenth amendment E. holding that peremptory challenges may not be exercised in a discriminatory manner

assistant: The best answer is A. recognizing that peremptory challenges constitute a jury selection practice that permits those to discriminate who are of a mind to discriminate
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: Neither the Borrower nor any of the Restricted Subsidiaries is in default in any manner under any provision of any indenture or other agreement, instrument or other evidence of Material Indebtedness, or any other material agreement or instrument to which it is a party or by which it or any of its properties or assets are or may be bound, in each case where such default could reasonably be expected to result in a Material Adverse Effect.

assistant: No Defaults
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 of the out-of-pocket expenses incurred in connection with any registration of Registrable Securities pursuant to this Agreement, including all SEC fees, blue sky registration and filing fees, listing notices and filing fees, printing fees and expenses, transfer agents’ and registrars’ fees and expenses and all reasonable fees and expenses of Parent’s outside counsel and independent accountants shall be paid by Parent. Parent shall not be responsible for any legal fees for any Holder, including any counsel to any Holder, or any selling expenses of any Holder (including any broker’s fees or commissions).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The capitalization of Company is as set forth on the Disclosure Schedule. The Disclosure Schedule also includes the number of shares of Common Stock owned beneficially, and of record, by Affiliates of Company as of the date hereof and any and all options, warrants or other rights to purchase shares of Common Stock, together with a summary description of the material terms of such options, warrants and other rights. Company has not issued any capital stock since its most recently filed periodic report under the Exchange Act, other than pursuant to the exercise of employee stock options under Company’s stock option plans, the issuance of shares of Common Stock to employees pursuant to Company’s employee stock purchase plans and pursuant to the conversion and/or exercise of Common Stock Equivalents outstanding as of the date of the most recently filed periodic report under the Exchange Act. Except for Purchasers’ Right of First Option, no Person has any right of first refusal, preemptive right, right of participation, or any similar right to participate in the transactions contemplated by the Transaction Documents or future transactions of the type contemplated by the Transaction Documents. Except as a result of the purchase and sale of the Securities and as set forth on the Disclosure Schedule, there are no outstanding options, warrants, scrip rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities, rights or obligations convertible into or exercisable or exchangeable for, or giving any Person any right to subscribe for or acquire any shares of Common Stock, or contracts, commitments, understandings or arrangements by which Company or any Subsidiary is or may become bound to issue additional shares of Common Stock or Common Stock Equivalents. The issuance and sale of the Securities will not obligate Company to issue shares of Common Stock or other securities to any Person (other than Purchasers) and will not result in a right of any holder of Company securities to adjust the exercise, conversion, exchange or reset price under any of such securities. All of the outstanding shares of capital stock of Company or any predecessor of Company are duly authorized, validly issued, fully paid and nonassessable, have been issued in compliance with all federal and state securities laws, and none of such outstanding shares was issued in violation of any preemptive rights or similar rights to subscribe for or purchase securities. No further approval or authorization of any stockholder, the Board of Directors or others is required for the issuance and sale of the Securities. There are no stockholders agreements, voting agreements or other similar agreements with respect to Company’s capital stock to which Company is a party or, to the knowledge of Company, between or among any of Company’s stockholders.

assistant: Capitalization
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: fees exceeded $100,000. 88 F.3d 368, 371-72, 375-76 (6th Cir. 1996). On balance, we conclude that $30,000 is the minimum amount needed to deter similar misconduct. ; 2. Part of the attorney fees were not caused by the violations of rule 1.4-13. Anothér reason the $145,427 sanction is unreasonably excessive is because that sum includes' substantial fees that were not caused by the sanctionable filings. Rule 1.413 provides that a- sanction “may include an order to pay the other party or parties the amount of the reasonable expenses incurred because of the filing.” Iowa R.- Giv. P. 1.413(1) (emphasis added). This codifies a “but for” causation reqdirement, limiting a fee-based' sanction to the fees that would have been avoided but for the improper filings. See Everly, 774 N.W.2d at 495. (<HOLDING>); see also Bodenhamer Bldg. Corp. v. Options: A. holding the district court abused its discretion by imposinga sanction that included fees expended before the sanctionable filings B. holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint C. holding that the district court abused its discretion by telling the jury about the right of a prevailing plaintiff to attorney fees under 42 usc 1988 D. holding district court abused its discretion in admitting state court findings of fact E. holding that the district court abused its discretion by failing to award attorneys fees based on the objective unreasonableness of plaintiffs complaint

assistant: The best answer is A. holding the district court abused its discretion by imposinga sanction that included fees expended before the sanctionable filings
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: system created or recognized by the law of the State, which either directly or by delegated authority assigns to the incumbent thereof the continuous performance of certain permanent public duties. *** An employment differs from both an office and a position in that its duties, which are non-governmental, are neither certain nor permanent.” People v. Coffin (1918), 282 Ill. 599, 606-07. Although the designation of one by the law as an officer is of some significance (67 C.J.S. Officers § 8 (1978)), we recognize that such a designation is not conclusive as to the official or unofficial character of the person. Further, the nomenclature in a statute designating a person holding a position as an officer or employee is not controlling. (See Hall v. County of Cook (1935), 359 111. 528 (<HOLDING>).) We, therefore, consider whether the sheriff Options: A. holding that notwithstanding language of statute authorizing appointment of a county architect by the board of commissioners of cook county such appointee is not an officer where he has no stated salary but is employed on a commission basis and where his work is generally casual and not continuous even though he is frequently referred to in the records of the county board as an officer B. holding that a county ordinance imposing an impact fee on new residential construction to be used for new school facilities did not constitute an unauthorized delegation of power from the county to the school board because the fundamental policy decisions were made by the county and the discretion of the school board was sufficiently limited C. holding a county and a road district had standing to sue state highway commission and county tax collector based on their interest in and control over the public roads of the county D. holding before the apa definition of person was amended to include county that the board of county commission ers of dolores county could not sue the state agency that had ordered reappraisals of real property in dolores county in connection with valuation for ad valorem taxation because the board of county commissioners was not a person under the apa and did not otherwise have authority to sue under statute or constitution E. holding that the lehigh county sheriff is a county officer rather than a state officer

assistant: The best answer is A. holding that notwithstanding language of statute authorizing appointment of a county architect by the board of commissioners of cook county such appointee is not an officer where he has no stated salary but is employed on a commission basis and where his work is generally casual and not continuous even though he is frequently referred to in the records of the county board as an officer
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 party hereto agrees that they have been represented by counsel during the negotiation and execution of this Agreement and, therefore, waive the application of any Law, regulation, holding or rule of construction providing that ambiguities in an agreement or other document will be construed against the party drafting such agreement or document. The parties hereto intend that each representation, warranty, and covenant contained herein shall have independent significance. If any party hereto has breached any representation, warranty, or covenant contained herein (or is otherwise entitled to indemnification) in any respect, the fact that there exists another representation, warranty, or covenant (including any indemnification provision) relating to the same subject matter (regardless of the relative levels of specificity) which such party has not breached (or is not otherwise entitled to indemnification with respect thereto) shall not detract from or mitigate the fact that such party is in breach of the first representation, warranty, or covenant (or is otherwise entitled to indemnification pursuant to a different provision).

assistant: Construction
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: parties learned of the judgment more than twenty but less than ninety-one days after the judgment was signed, Rule 306a was available to extend the time to file a motion for new trial or other post-judgment motion. See id. R. 306a(5); Estate of Howley, 878 S.W.2d at 140; In re J.S., 392 S.W.3d at 337. Real parties nevertheless did not attempt to utilize rule 306a to extend the time for filing a motion to reinstate or motion for new trial once they received notice of the judgment. See Id. R. 306(1),(4),(5). Accordingly, real parties were not entitled to relief by bill of review because they failed to exercise due diligence in pursuing their available legal remedies following the final judgment. See Steward v. Steward, 734 S.W.2d 432, 434, 435-36 (Tex.App.-Fort Worth .1987, no writ), (<HOLDING>); see also Martinez v. Martinez, No. Options: A. holding thata bill of review was unavailable where the petitioner had actual notice of a default judgment between twentyone and ninety days of the judgment but failed to utilize rule 306a B. holding on summary judgment that an attorney who failed to timely file an answer leading to a default judgment was on notice that a malpractice claim might be filed against him C. holding that a bill of review was improperly granted where the petitioner received notice of a default judgment on the thirtyfourth day following judgment and failed to file a motion for new trial under the extensions contemplated by rule 306a D. holding that a motion to dismiss or for summary judgment precluded default judgment E. holding that the meritorious defense requirement in a bill of review proceeding violates due process where the bill of review plaintiff has no notice of the proceeding in which the default judgment was rendered

assistant: The best answer is C. holding that a bill of review was improperly granted where the petitioner received notice of a default judgment on the thirtyfourth day following judgment and failed to file a motion for new trial under the extensions contemplated by rule 306a
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: state court proceedings would be warranted when “the new suit was merely a refiling of the old suit in ‘an attempt to subvert the purposes of the [federal statute granting jurisdiction]’ ”), cert. denied, 519 U.S. 948, 117 S.Ct. 359, 136 L.Ed.2d 250 (1996). We find it dispositive that the district court based its injunctive relief on appellants’ lack of standing to bring suit, because (1) lack of standing does constitute a final judgment for res judicata and collateral estoppel purposes, and (2) standing is determined by procedural rules. See Nor-West Cable Comm. Partnership v. City of St Paul, 924 F.2d 741, 746-47 (8th Cir.1991) (classifying standing as an appealable procedural issue reviewed for clear error); see also Dresser v. Backus, 229 F.3d 1142 (4th Cir.2000) (per curiam) (<HOLDING>); Summit Medical Assoc., P.C., v. Pryor, 180 Options: A. holding that res judicata and collateral estoppel apply to arbitration award B. holding that res judicata prevents relitigation of a claim that was previously the subject of a valid and final decision of this court C. holding that because relitigation of issue was barred by collateral estoppel res judicata determination of finality of judgment dismissed for lack of standing was not relevant D. holding that res judicata precludes relitigation of issue that was or could have been decided in enforcement order that was not appealed E. holding that a summary judgment is a determination on the merits for res judicata and collateral estoppel purposes

assistant: The best answer is C. holding that because relitigation of issue was barred by collateral estoppel res judicata determination of finality of judgment dismissed for lack of standing was not relevant
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 consideration of the Investor’s execution and delivery of this Agreement and in addition to all of the Company’s other obligations under this Agreement, the LPC Securities Purchase Agreement and the LPC Note, the Company shall defend, protect, indemnify and hold harmless the Investor and each holder of any Consent Shares, and all of their respective stockholders, partners, members, officers, directors, employees and direct or indirect investors and any of the foregoing Persons’ agents or other representatives (including, without limitation, those retained in connection with the transactions contemplated by this Agreement) (collectively, the “Indemnitees”) from and against any and all actions, causes of action, suits, claims, losses, costs, penalties, fees, liabilities and damages, and expenses in connection therewith (irrespective of whether any such Indemnitee is a party to the action for which indemnification hereunder is sought), and including reasonable attorneys’ fees and disbursements (the “Indemnified Liabilities”), incurred by any Indemnitee as a result of, or arising out of, or relating to (a) any misrepresentation or breach of any representation or warranty made by the Company in this Agreement, (b) any breach of any covenant, agreement or obligation of the Company contained in any of this Agreement, or (c) any cause of action, suit, proceeding or claim brought or made against such Indemnitee by a third party (including for these purposes a derivative action brought on behalf of the Company or any Subsidiary) or which otherwise involves such Indemnitee that arises out of or results from (i) the execution, delivery, performance or enforcement of any of this Agreement, or (ii) the status of the Investor or holder of the Consent Shares either as an investor in the Company pursuant to the transactions contemplated by this Agreement or as a party to this Agreement (including, without limitation, as a party in interest or otherwise in any action or proceeding for injunctive or other equitable relief). To the extent that the foregoing undertaking by the Company may be unenforceable for any reason, the Company shall make the maximum contribution to the payment and satisfaction of each of the Indemnified Liabilities which is permissible under applicable law.

assistant: Indemnifications
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 Plan is effective for the fiscal year 2019, beginning January 1, 2019 through December 31, 2019. This Plan is limited in time and expires automatically on December 31, 2019. All benefits under this Plan are voluntary benefits. Participation in this Plan during fiscal year 2019 does not convey any entitlement to participate in this or future plans or to the same or similar bonus payment benefits.

assistant: Effective Dates
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) Except to the extent that this Agreement or a court order expressly provides for payments to be allocated to a particular Lender or to the Lenders under a particular Facility, if any Lender (a “ Benefitted Lender ”) shall receive any payment of all or part of the Obligations owing to it (other than in connection with an assignment made pursuant to Section 10.6), or receive any collateral in respect thereof (whether voluntarily or involuntarily, by set-off, pursuant to events or proceedings of the nature referred to in Section 8(f), or otherwise), in a greater proportion than any such payment to or collateral received by any other Lender, if any, in respect of the Obligations owing to such other Lender, such Benefitted Lender shall purchase for cash from the other Lenders a participating interest in such portion of the Obligations owing to each such other Lender, or shall provide such other Lenders with the benefits of any such collateral, as shall be necessary to cause such Benefitted Lender to share the excess payment or benefits of such collateral ratably with each of the Lenders; provided , however , that if all or any portion of such excess payment or benefits is thereafter recovered from such Benefitted Lender, such purchase shall be rescinded, and the purchase price and benefits returned, to the extent of such recovery, but without interest.

assistant: Adjustments
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 Agreement is intended to either comply with, or be exempt from, the requirements of Code Section 409A. To the extent that this Agreement is not exempt from the requirements of Code Section 409A, this Agreement is intended to comply with the requirements of Code Section 409A and shall be limited, construed and interpreted in accordance with such intent.

assistant: General
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: Delivery of and payment for the Securities shall be made at 10:00 A.M., New York City time, on August 9, 2016, or at such time on such later date not more than three Business Days after the foregoing date as the Representative shall designate, which date and time may be postponed by agreement between the Representative and the Company or as provided in Section 9 hereof (such date and time of delivery and payment for the Securities being herein called the “Closing Date”). Delivery of the Securities shall be made to the Representative for the respective accounts of the several Initial Purchasers against payment by the several Initial Purchasers through the Representative of the purchase price thereof to or upon the order of the Company by wire transfer payable in same-day funds to the account specified by the Company. Delivery of the Securities shall be made through the facilities of The Depository Trust Company unless the Representative shall otherwise instruct.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: intended for the Workers' Compensation Act to "be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to injured workers at a reasonable cost to employers, without the necessity of any litigation ...." § 8-40-102, C.R.S. (2007). Thus, a primary purpose of the Workers' Compensation Act is to compensate injured workers "regardless of fault." Colo. Springs Disposal v. Indus. Claim Appeals Office, 58 P.3d 1061, 1063 (Colo.App.2002). In a previous case, we noted that the Workers' Compensation Act "is intended to be remedial and beneficial in purpose, and should be liberally construed in order to accomplish these goals." Davison, 84 P.3d at 1029 (internal quotation marks omitted). The temporary total disability benefits 29-30 (Colo.App.1983) (<HOLDING>). The penalties and enforcement provision Options: A. holding a claimant who refuses to provide financial information necessary to ascertain whether a claimant is working may have his indemnity benefits suspended until such information is provided B. holding that a claimants benefits were rightly suspended under what is now section 8434048 when the claimant refused to cooperate with a vocational rehabilitation plan C. holding that a claimant establishes a prima facie case for compensable medical treatment where a qualified physician indicates treatment was necessary for a workrelated condition D. holding that a claimants benefits were rightly suspended under what is now section 8434043 when the claimant did not return to the authorized physician for treatment E. holding the procedural right to request a onetime change of physician during the course of treatment does not attach until claimant actually begins treatment with the initially authorized physician

assistant: The best answer is D. holding that a claimants benefits were rightly suspended under what is now section 8434043 when the claimant did not return to the authorized physician for treatment
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: determination about what likely occurred, but rather to assess the likely impact of the evidence on reasonable jurors.” Id. (quoting Schlup, 513 U.S. at 329, 115 S.Ct. 851). “Because a[n actual innocence] claim involves evidence the trial jury did not have before it, the inquiry requires the federal court to assess how reasonable jurors would react to the overall, .newly supplemented record. If new evidence so re quires, this may include consideration of ‘the credibility of the witnesses presented at trial.’ ” Id. (quoting Schlup, 513 U.S. at 330, 115 S.Ct. 851). Reasonable, properly instructed jurors will presume the defendant is innocent and require that guilt be proven beyond a reasonable doubt. See, e.g., In re Winship, 397 U.S. 358, 361-64, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970) (<HOLDING>). Therefore, “the [proper] inquiry ... requires Options: A. holding that beyond reasonable doubt standard not required in termination cases B. holding potential prejudice caused by equating reasonable doubt with a substantial doubt mitigated by providing an alternate definition of reasonable doubt as a doubt that would cause a reasonable person to hesitate to act C. holding that proof of a criminal charge beyond a reasonable doubt is required by the constitution D. holding that presumption of innocence and reasonable doubt standard are constitutionally required in criminal cases E. holding that harmless beyond a reasonable doubt analysis not applicable in habeas cases

assistant: The best answer is D. holding that presumption of innocence and reasonable doubt standard are constitutionally required in criminal cases
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 step has been taken or is currently intended by any Obligor or, to the knowledge of the Obligors, any other Person for the winding-up, liquidation, dissolution or administration or for the appointment of a receiver or administrator of any Obligor for all or any of the Obligors’ properties or assets. Immediately after the issuance and sale of the Notes and the Royalty Rights and the consummation of the other transactions contemplated by the Transaction Documents on the applicable Closing Date, the Obligors taken as a whole will not be rendered insolvent within the meaning of 11 U.S.C. 101(32) or any other applicable insolvency Laws or, taken as a whole, be unable to realize upon their property and pay their debts as they mature.

assistant: Solvency
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 that the Participant ceases to be employed by the Company or any of its Subsidiaries during the Exercise Period by reason of death at a time when the SARs granted pursuant hereto are still in force and unexpired, any unvested SARs shall be accelerated and 100% vested. Such acceleration shall be effective as of the date of death of the Participant. The Participant’s representatives, devises or heirs, as applicable, shall have a period of one (1) year following the date of death in which to exercise the SARs (or, if earlier, on the expiration date of the SARs).

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: Nation of New York v. City of Sherrill, 337 F.3d 139 (2d Cir.2003); Marion County Landfill, Inc. v. Bd. of County Comm’rs, 211 F.R.D. 634 (D.Kan.2002); and Cassidy v. United States, 875 F.Supp. 1438 (D.Wash.1994). However, in each of these cases, the case-specific circumstances are readily distinguished from the circumstance here. In four of these cases, Sac and Fox, Yellowstone, Marion, and Cassidy, the absent tribes were deemed not necessary under Rule 19(b), necessitating a finding that they were not indispensable. Where a court finds a party not necessary under Rule 19(a), the party cannot be indispensable under Rule 19(b). Cassidy, 875 F.Supp. at 1445-46. That aside, the facts in each of those cases are readily distinguished from the facts here. See Yellowstone, 96 F.3d at 1172 (<HOLDING>); Cassidy, 875 F.Supp. at 1443-45 (holding the Options: A. holding that an indian tribe is subject to suit only where congress has authorized the suit or the tribe has waived its immunity B. holding that florida does not have jurisdiction in a suit by other persons against an indian tribe absent express waiver of tribal sovereign immunity C. holding that federal courts do not have jurisdiction to interpret a tribal constitution or tribal laws D. holding that a tribal housing authority established by tribal council pursuant to its powers of selfgovernment was a tribal agency rather than a separate corporate entity created by the tribe E. holding that neither the tribe or its tribal court was necessary to the determination of the tribal courts jurisdiction given that the district courts judgment would be binding on the absent party and they did not have a legally protected interest at issue noting that the tribe was not a party to a relevant agreement or treaty with any party to the suit

assistant: The best answer is E. holding that neither the tribe or its tribal court was necessary to the determination of the tribal courts jurisdiction given that the district courts judgment would be binding on the absent party and they did not have a legally protected interest at issue noting that the tribe was not a party to a relevant agreement or treaty with any party to the suit
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 governed by, and construed in accordance with, the laws of the State of New York, without regard to such state’s choice of law provisions which would require the application of the law of any other jurisdiction. By its execution and delivery of this Agreement, each of the Parties hereto hereby irrevocably and unconditionally (a) consents to submit to the exclusive jurisdiction of the courts of the State of New York sitting in New York County and of the United States of America located in the Southern District of New York for any actions, suits or proceedings arising out of or relating to this Agreement or the transactions contemplated hereby or thereby in the Transaction Documents, or for recognition or enforcement of any judgment, and agrees that all claims in respect of any such action or proceeding may be heard and determined in such New York State court or, to the extent permitted by law, in such Federal court, and further agrees that service of any process, summons, notice or document by U.S. registered mail to the respective addresses set forth above shall be effective service of process for any action, suit or proceeding brought against the parties in any such court, (b) waives, to the fullest extent it may legally and effectively do so, any objection which it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or the transactions contemplated herby or thereby in the Transaction Documents in any such New York State court or in any such Federal court and (c) waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action, suit or proceeding in any such court. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY IN THE TRANSACTION DOCUMENTS. FURTHERMORE, EACH PARTY WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT.

assistant: Applicable 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: a party who intends to seek arbitration must first send a written notice of the dispute to the other , by certified mail or federal express ( signature required ) , or in the event that we do not have a physical address on file for you , by electronic mail ( `` notice '' ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive agrees to serve the Company in the position of President and Chief Executive Officer and to perform diligently and to the best of his abilities the duties and services of that office. During the Employment Period, Executive shall perform the duties and services that the Company assigns or delegates to him from time to time. Executive acknowledges and agrees that Executive owes a fiduciary duty of loyalty, fidelity and allegiance to act at all times in the best interests of Argo Group and further agrees not to engage or participate in any act that will or is reasonably likely to injure the business, interests, or reputation of Argo Group. Unless otherwise agreed to by the Company and the Executive, the Executive’s principal place of business with the Company shall be in Bermuda. Executive shall travel to such extent as may be required in connection with the performance of his duties.

assistant: Duties
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: Executive agrees that following Executive’s termination of employment for any reason, he shall not make any voluntary statements, written or oral, or cause or encourage others to make any such statements that defame, disparage or in any way criticize the personal and/or business reputations, practices or conduct of Company or its affiliates.

assistant: Non-Disparagement
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: From and after the “Founders Closing” (as defined below and which shall be the “Effective Date” of this Agreement), Executive shall be employed by the Company in the capacity of Principal; in such capacity, Executive shall be a member of the Board of Directors (the “Board”) of Fortress Investment Group LLC, a Delaware limited liability company (or its successor) (“TopCo”). The principal location of Executive’s employment with the Company shall be the present location in which Executive performs such services, although Executive understands and agrees that Executive may also be required to travel from time to time for business reasons. Executive shall be a full-time employee of the Company and shall dedicate all of Executive’s working time to the Company Group and shall have no other employment and no other business ventures which are undisclosed to the Company or which conflict with Executive’s duties under this Agreement. Executive will perform such duties as are required by the Company from time to time and normally associated with Executive’s position and are consistent with the duties of Executive as of the date hereof. Subject to the time commitment of Executive set forth herein, nothing herein shall prohibit Executive from engaging in the permitted activities enumerated under Section 6.3 (Non-Competition) of the Founders Agreement or in any activity that is expressly excluded from the definition of “Competing Business,” as defined in the Founders Agreement. In addition, the Company acknowledges and agrees that the manner, location, and average working time that Executive dedicated to the Company Group during the period prior to the Effective Date is adequate and sufficient for the discharge of Executive’s duties hereunder.

assistant: General
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: Subtenant shall, throughout the Term of this Sublease, maintain for the Subleased Premises comparable insurance coverage as required of Sublessor under the Prime Lease. Such insurance shall, in addition to complying with the requirements of the Prime Lease, name Sublessor as an additional insured.

assistant: Insurances
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: As used in this Second General Release, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses, and liabilities, of whatsoever kind or nature, in law, equity, or otherwise.

assistant: Definitions