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: United States v. United Shoe Machinery Corporation, 89 F.Supp. at 358. 6 . As recently noted by the Supreme Judicial Court ("SJC”), "cases have not defined a crime-fraud exception to the attorney-client privilege with any precision.” Purcell v. District Attorney for the Suffolk District, 424 Mass. 109, 676 N.E.2d 436, 439 (1997). 7 . Case law outside Massachusetts as well as the United Shoe formulation provides some support for this principle. See Coleman v. American Broadcasting Companies, Inc., 106 F.R.D. 201, 207 (D.D.C.1985) (citing and quoting United Shoe as formulating "exception in broader terms,” to wit, " 'for the purpose of committing a crime or tort’ ’’); see also Parkway Gallery Furniture, Inc. v. Kittinger/Pennsylvania House Group, Inc., 116 F.R.D. 46, 52-53 (M.D.N.C.1987) (<HOLDING>); Horizon of Hope Ministry v. Clark County, Options: A. recognizing such an exception B. recognizing the rule and the exception but holding facts did not support claim to exception C. recognizing cases which extend the exception beyond instances of fraudulent or illegal conduct such as patent antitrust and securities matters and which may even extend exception to nonbusiness torts D. recognizing exception E. recognizing the public interest exception

assistant: The best answer is C. recognizing cases which extend the exception beyond instances of fraudulent or illegal conduct such as patent antitrust and securities matters and which may even extend exception to nonbusiness torts
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: Ins. Co., 139 Conn. 645, 649, 96 A.2d 470 (1953). 3 . In Vernon, the court also held that the intervening plaintiff, as a secured creditor of Vernon Foodliner, was a named insured pursuant to the terms of the mortgage loss payable clause. See 1 Conn.App. at 597, 474 A.2d 468. While Plaintiff was not a mortgagee in the case at bar, the property covered under the Courier Risks Policy belonged to Domestic Bank, rather than to NECD or IMS, and thus Plaintiffs status is arguably more similar to the cases cited by Plaintiff than Defendants recognize. 4 . One other state court, the Georgia Court of Appeals, has determined that loss payees may be third-party beneficiaries under a fidelity contract. See Phoenix Ins. Co. v. Aetna Cas. & Surety Co., 120 Ga.App. 122, 169 S.E.2d 645, 649 (1969) (<HOLDING>). 5 . Plaintiff argues that even if the Court Options: A. holding that the plaintiff as a loss payee under a fidelity insurance policy had standing to sue the insurer directly B. holding that employers have standing to sue C. holding that insureds widow as beneficiary of life insurance policy had standing as an injured person under the insurance code D. holding that under georgia law a holder of a master insurance policy is an agent of the insurance company and not the insurer E. holding that plaintiffs lacked standing to sue

assistant: The best answer is A. holding that the plaintiff as a loss payee under a fidelity insurance policy had standing to sue the insurer directly
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any dispute or controversy based on, arising under or relating to this Agreement shall be settled exclusively by final and binding arbitration, conducted before a single neutral arbitrator in Middlesex County, New Jersey in accordance with the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association (the “AAA”) then in effect. Arbitration may be compelled, and judgment may be entered on the arbitration award in any court having jurisdiction. Notwithstanding the foregoing, the Bancorp or Bank shall be entitled to seek a restraining order or injunction in any court of competent jurisdiction to prevent any violation of or continuation of any violation of the provisions of Section 3, and Alexander hereby consents that such restraining order or injunction may be granted without requiring the Bancorp or the Bank to post a bond or prove that money damages for violations of the non-competition provision would be difficult to calculate and that remedies at law would be inadequate. Only individuals who are (i) lawyers engaged full-time in the practice of law and (ii) on the AAA roster of arbitrators shall be selected as an arbitrator. Within twenty (20) days following the conclusion of the arbitration hearing, the arbitrator shall prepare written findings of fact and conclusions of law. Each party shall bear its own costs and attorneys' fees in connection with an arbitration, and the costs of the arbitrator and the AAA's administrative fees shall be split evenly between the parties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is no allegation in the matter under consideration that CBC uses baseball players’ pictures in conjunction with its fantasy baseball games; rather, the contention is that CBC uses players names in conjunction with their playing records. Indeed, cases, including Palmer, which address unauthorized use of a famous person’s picture are distinguishable from CBC’s use of baseball players’ names and playing records and, therefore, do not suggest that CBC is using players’ names and/or playing records to obtain a commercial advantage. Unlike cases where there was an appropriation of a likeness to create the impression that a famous person endorsed a product, CBC’s use of players’ names in no way creates an impression that players endorse CBC’s fantasy games. See e.g., Abdul-Jabbar, 85 F.3d 407 (<HOLDING>); Cardtoons, L.C. v. Major League Baseball Options: A. holding 362h should be construed more broadly than its literal language and should be read in conjunction with all of 362 B. holding it is settled that in construing an endorsement to an insurance policy the endorsement and the policy must be read together and the words of the policy remain in full force and effect except as altered by the words of the endorsement C. holding that a son could be bound by a contract that he signed even though his fathers name and not his appeared in the body D. holding that use of a basketball stars former name in conjunction with his likeness could be construed as his endorsement of a product E. recognizing as a matter of federal law that an action to redress injuries to a corporation cannot be maintained by a shareholder in his own name but must be brought in the name of the corporation

assistant: The best answer is D. holding that use of a basketball stars former name in conjunction with his likeness could be construed as his endorsement of a product
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: bringing the order within D.C.Code § 11-721(a)(2)(A) (2001), which gives this court jurisdiction over interlocutory orders “granting, continuing, modifying, refusing, or dissolving or refusing to dissolve or modify injunctions.” We conclude that security orders pursuant to D.C.Code § 15-703(b) are not subject to interlocutory appeal as injunctions. The test for whether an interlocutory order is immediately & Dentistry of N.J., 867 F.2d 1455, 1464 (3d Cir.1989) (remarking that “orders attaching security for a judgment ultimately to be rendered have been held not to fall under [28 U.S.C.A. § ] 1292(a)(1), even though such orders have a significant impact on the parties whose property is affected”); Am. Mortgage Corp. v. First Nat’l Mortgage Co., 345 F.2d 527, 528 (7th Cir.1965) (<HOLDING>); Bogosian v. Woloohojian Realty Corp., 923 Options: A. holding that the distinction between attachments and injunctions has been so long recognized that we are convinced that congress would have provided for interlocutory appeals in cases such as this had it deemed such appeals desirable B. recognizing that the scope of issues in interlocutory appeals is limited C. holding that this court has jurisdiction to hear interlocutory appeals in cases involving a sentence of life imprisonment or death D. holding that a statute providing for interlocutory appeals to be heard in the court where appellate jurisdiction may be vested by law means that this court has appellate jurisdiction over interlocutory appeals in cases where the sentence of life imprisonment or death may be imposed E. holding that court of appeals may adopt such waiver rule

assistant: The best answer is A. holding that the distinction between attachments and injunctions has been so long recognized that we are convinced that congress would have provided for interlocutory appeals in cases such as this had it deemed such appeals desirable
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: Secured Party will not by any act (except by a written instrument pursuant to Section 11(a) hereof) of delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default under the Note or in any breach of any of the terms and conditions of this Agreement. No failure to exercise, nor any delay in exercising, on the part of Secured Party, any right, power or privilege hereunder will operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by Secured Party of any right or remedy under this Agreement on any one occasion will not be construed as a bar to any right or remedy that Secured Party would otherwise have on any subsequent occasion. The rights and remedies provided in this Agreement are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.

assistant: No Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that, even if the sweep was unlawful and the evidence wrongfully admitted, the defendant was not harmed by the wrongful admission. Id. at 512-513, 797 P.2d at 301-302. Furthermore, we are not persuaded by the application of al cases that it maintains support its position that protective sweeps are justified if incident to the arrests of drug traffickers or fugitives because “drug trafficking frequently begets violence.” However, our review of these cases reveals facts beyond the arrestee’s status as a drug offender, including facts suggesting that other persons were present, facts indicating that the officers were already in the house searching for the defendant at the time of the sweep, or other evidence of an ongoing criminal operation in the house. See, e.g., Unit 6 (D.C. Cir. 1992) (<HOLDING>), abrogated on other grounds by Apprendi v. New Options: A. holding a protective sweep unconstitutional where officers had no information that any other persons were in the apartment B. holding that officers were not justified in conducting a protective sweep incident to the defendants arrest despite the defendants alleged involvement with narcotics and possession of weapons because the defendant did not resist and there was no noise or other evidence suggesting anyone else was present in the house C. holding that the officers were justified in conducting a protective sweep incident to the defendants arrest on outstanding warrants because the officers had information that the defendant was suspected of running a methamphetamine operation on the premises other people were living there and assisting the defendant and at the time the sweep began the defendant had not yet been located D. holding that the protective sweep incident to the defendants arrest in front of his house on suspicion of murder was not justified because the evidence that an accomplice was involved in the murder did not equate to evidence that someone would be hiding out in the defendants house a month after the crime occurred and at the time of the arrest the officers were not chasing the defendant from a crime scene E. holding that the officers were entitled to conduct a protective sweep because they located the defendant in the house there were other people present and the defendant was actively trying to conceal drags

assistant: The best answer is E. holding that the officers were entitled to conduct a protective sweep because they located the defendant in the house there were other people present and the defendant was actively trying to conceal drags
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the materials to be held in confidence. However, the parties cannot by agreement overcome the public’s right of access to judicial records. See In re Violation of Rule 28(D), 635 F.3d 1352, 1358 (Fed.Cir.2011); Sensormatic Sec. Corp. v. Sensormatic Elecs. Corp., 455 F.Supp.2d 399, 437-438 (D.Md.2006). Instead, the parties must show significant countervailing interests that outweigh the public’s interest in openness. In re Application, 707 F.3d at 292-93. Volvo next contends that the materials at issue contain confidential business information. This would appear to be a sufficient basis in some instances, if it is established and not outweighed by countervailing interests. See Nixon, 435 U.S. at 598, 98 S.Ct. 1306; see also Pittston Co. v. United States, 368 F.3d 385, 406 (4th Cir.2004) (<HOLDING>). Volvo notes that the materials at issue were Options: A. holding it was not an abuse of discretion to deny funds B. holding that it was within the trial courts discretion to refuse any additional discovery and that the courts refusal to allow additional discovery was not an abuse of discretion C. holding it was not an abuse of discretion to refuse to unseal documents containing confidential and proprietary business information D. holding that it was an abuse of discretion to refuse to award attorneys fees where each element of five part test has been satisfied E. holding it was not an abuse of discretion to exclude testimony

assistant: The best answer is C. holding it was not an abuse of discretion to refuse to unseal documents containing confidential and proprietary business information
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 under the Constitution. Pennsylvania v. Finley, 481 U.S. 551, 557, 107 S.Ct. 1990, 95 L.Ed.2d 539 (1987) (citation omitted). Since states are not required to provide such review, federal courts have held that challenges to a state’s post-conviction procedures are not cognizable as independent claims in habeas corpus proceedings, “unless state collateral review violates some independent constitutional right, such as the Equal Protection Clause.” Montgomery v. Meloy, 90 F.3d 1200, 1206 (7th Cir.1996). This is because such claims “address collateral matters and not the underlying state conviction giving rise to the prisoner’s incarceration.” Kirby v. Dutton, 794 F.2d 245, 247, 248 (6th Cir.1986). See also Body v. Watkins, 51 Fed.Appx. 807, 810, 2002 WL 31323856 (10th Cir.2002) (<HOLDING>). The Seventh Circuit Court of Appeals has held Options: A. holding claims not raised in 2254 application are forfeited B. holding that insufficiency of evidence not cognizable in postconviction claim C. holding that claims based on the fifth amendments due process and equal protection clauses do not give rise to jurisdiction under the tucker act D. holding that state postconviction delays do not give rise to independent due process claims that are cognizable under 2254 E. holding that alleged violations of a state statute did not give rise to federal constitutional claims

assistant: The best answer is D. holding that state postconviction delays do not give rise to independent due process claims that are cognizable under 2254
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, including any Exhibits or Attachments to the Agreement, the First Amendment and this Amendment constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede all previous agreements, oral or written, between the Parties concerning the subject matter hereof. No modification or amendment of the terms of the Agreement or this Amendment shall be effective except by a writing executed by both Parties.

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: In the event of any stock split (including a reverse stock split), stock dividend, merger, reorganization, recapitalization, reclassification, combination, exchange of shares or similar transaction with respect to the capital stock of the Company that affects the Subject Securities, including, without limitation, the Voting Securities, the terms of this Agreement shall apply to all additional or resulting securities such that such additional and resulting securities shall constitute Subject Securities and, to the extent that such additional or resulting securities are in respect of Voting Securities, also shall constitute Voting Securities for purposes of this Agreement.

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: Upon the terms and subject to the conditions of this Agreement, the closing of the transactions contemplated hereby (the “ Closing ”) will take place at the offices of Jones Day, 325 John H. McConnell Boulevard, Columbus, Ohio 43215, at 10:00 A.M. on the third Business Day following the satisfaction or waiver of the conditions set forth in Article VI (other than those conditions that by their terms cannot be satisfied until the Closing, but subject to the fulfillment or waiver of such conditions at the Closing), or on such date and time as the Parties mutually agree in writing. The time and date of the Closing is herein called the “ Closing Date .” The Closing will be held by the remote exchange of documents unless another method or place is agreed to in writing by the Parties.

assistant: Closings
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: (1) that we must conduct a proportionality review and hold that his sentence is grossly disproportionate to his crime, and (2) that we should also compare this aggravator to age-based aggravators in other states and find it invalid. ¶ 30 Although we once conducted proportionality review to determine “whether the sentences of death are excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and defendant,” State v. Richmond, 114 Ariz. 186, 196, 560 P.2d 41, 51 (1977), we discontinued the practice in 1992 because proportionality review is fraught with problems and not constitutionally required, State v. Salazar, 173 Ariz. 399, 416-17, 844 P.2d 566, 583-84 (1992); see also Pulley v. Harris, 465 U.S. 37, 50-51, 104 S.Ct. 871, 79 L.Ed.2d 29 (1984) (<HOLDING>). We decline to do so in this case as well. ¶ Options: A. holding that an appellate court cannot consider an issue that was not preserved for appellate review B. holding that section 636b1c does not require any review at all by the district court of an issue that is not objected to C. holding that although proportionality review is an additional safeguard against arbitrarily imposed death sentences neither precedent including gregg nor the eighth amendment mandates proportionality review in every case D. holding that the eighth amendment does not require strict proportionality between crime and sentence but forbids only extreme sentences that are grossly disproportionate to the crime E. holding that the eighth amendment does not require comparative proportionality review by an appellate court

assistant: The best answer is E. holding that the eighth amendment does not require comparative proportionality review by an appellate court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, each of which shall constitute an original but all of which when taken together shall constitute a single contract. Delivery of an executed signature page to this Agreement by facsimile transmission or other electronic transmission shall be as effective as delivery of a manually signed counterpart of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All representations and warranties made by the Loan Parties in the Loan Documents and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any such other party or on its behalf and notwithstanding that any Agent or any Lender may have had notice or knowledge of any Default or Event of Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of, or any accrued interest on, any Loan or any fee or any other amount payable under this Agreement is outstanding or unpaid and so long as the Commitments have not expired or been terminated.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Person having any rights under any provision of this Agreement shall be entitled to enforce such rights specifically (without posting a bond or other security), to recover damages by reason of any breach of any provision of this Agreement and to exercise all other rights granted by law. Furthermore, the Company recognizes that in the event that it fails to perform, observe, or discharge any or all of its obligations under any of the Exchange Documents, any remedy at law may prove to be inadequate relief to the Creditor. The Company therefore agrees that the Creditor shall be entitled to seek specific performance and/or temporary, preliminary and permanent injunctive or other equitable relief from any court of competent jurisdiction in any such case without the necessity of proving damages and without posting a bond or other security.

assistant: Remedies
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: stock repurchase, and competition. Given the previously discussed problems with Mr. Wilsey’s testimony, we cannot conclude it was error for the district court to reject his testimony in its entirety. However, these arguments suffer from their own infirmities as well. For example, there was testimony Garcia's sales were growing prior to the contamination, but turned negative after the incident, there was testimony the previous owner of the repurchased stock would not have sold the stock but for the salmonella contamination, and Mr. Payne testified his damage calculations (using values other than the publicly traded stock price) excluded any damage due to competition. Therefore, we reject Simplot's argument. 7 . See also Herrington v. County of Sonoma, 834 F.2d 1488, 1506 (9th Cir.1987) (<HOLDING>); Johnson v. Oroweat Foods Co., 785 F.2d 503, Options: A. holding that the value of business opportunities lost due to defendants rico violations is compensable B. holding that plaintiffs can obtain reimbursement for past or future educational expenses under the idea but not general damages such as compensation for lost earning power C. holding that a business owners testimony was insufficient to establish lost profits where he was not able to specify which contracts they lost how many they lost how much profit they would have had from the contracts or who would have awarded them contracts and explaining that the plaintiffs could have supported their lost profits with testimony that they had lost out on specific contracts but failed to do so D. holding that an award of compensation for future lost earnings or front pay is an equitable matter for the court not the jury E. holding plaintiffs could not obtain compensation for both lost value and lost profit

assistant: The best answer is E. holding plaintiffs could not obtain compensation for both lost value and lost profit
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 376 U.S. 775 84 S.Ct. 1132 12 L.Ed.2d 82 PUBLISHERS' ASSOCIATION OF NEW YORK CITY, petitioner,v.NEW YORK MAILERS' UNION NUMBER SIX. No. 384.—. Supreme Court of the United States October Term, 1963. April 6, 1964 Andrew L. Hughes, New York City, for petitioner. Sidney Sugerman, New York City, for respondent. On Writ of Certiorari to the United States Court of Appeals for the Second Circuit. PER CURIAM. 1 Upon the respondent's suggestion of mootness the judgment of the United States Court of Appeals is vacated insofar as it reversed the stay provision of the judgment of the United States District Court for the Southern District of New York, and the case is remanded to the District Court with directions to dismiss as moot that port on of the complaint seeking such a stay.

assistant: 9
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 of the parties that is comprised of this Agreement sets forth the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, understandings, negotiations and communications, whether oral or written, relating to the subject matter of this Agreement.

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 notices, demands, consents, approvals and other communications that may or are required to be given by either Sublessor or Sublessee to the other under this Sublease will be given in writing, addressed to Sublessor or Sublessee with copies as directed at their respective addresses as indicated below, or at such other place as Sublessor or Sublessee may from time to time designate in writing, and (a) personally delivered, (b) deposited with a commercially recognized national courier service, or (c) sent by registered or certified mail, postage prepaid. All notices hereunder will be deemed given upon receipt, if personally delivered, or upon the date shown for delivery or attempted delivery if sent by national courier service or registered or certified mail. Notices shall be addressed as set forth below, but each party can change its address by written notice to the other in accordance with this Section 11.

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: United States Court of Appeals for the Federal Circuit (“Federal Circuit”) stated in Dawco Construction, Inc. v. United States, the CDA “simply identifies the person to whom the dispute is to be ‘submitted’ for a final decision” and that, “once a claim is made, the parties must ‘commit’ the claim to the contracting officer and ‘yield’ to his authority to make a final decision.” 930 F.2d 872, 880 (Fed.Cir.1991) (emphasis added), overruled in part on other grounds by Reflectone, Inc., 60 F.3d at 1579. With these principles in mind, the court addresses whether Kemron submitted a “claim” to the contracting officer such that it satisfied the jurisdictional prerequisites to asserting a CDA claim for nonmonetary relief. Record Steel & Constr., Inc. v. United States, 62 Fed.Cl. 508, 520 (2004) (<HOLDING>); see also Todd Constr., L.P., 85 Fed.Cl. at 42 Options: A. holding that the statute incorporated all the rights and obligations of the contract emphasis added B. holding that an application is pending from the time it is first filed emphasis added C. holding that a federal court has jurisdiction over the question of whether truck was engaged in interstate commerce at the time of the accident emphasis added D. holding that a litigant did not waive a claim because it was the appellee in the intermediate appellate court emphasis added E. holding that the court possesses jurisdiction to review contractor performance evaluations if the pertinent requirements of the cda are met emphasis added

assistant: The best answer is E. holding that the court possesses jurisdiction to review contractor performance evaluations if the pertinent requirements of the cda are met emphasis added
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 Party shall assign this Agreement or any part hereof without the prior written consent of the other Party. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns.

assistant: Assignments
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: sentence for a crime, the Supreme Court noted that a defendant may consider gain time or parole eligibility in deciding whether to enter a plea bargain. See Weaver, 450 U.S. at 32, 101 S.Ct. at 966 (citing Wolff v. McDonnell, 418 U.S. 539, 557, 94 S.Ct. 2963, 2975, 41 L.Ed.2d 935 (1974); Warden, 417 U.S. at 658, 94 S.Ct. at 2535-36). An alien defendant, in addition to considering factors such as parole eligibility, would likely consider his or her eligibility to apply for a deportation waiver as well in deciding whether to plead or contest the charges. Just as the Supreme Court has found that “only an unusual prisoner could be expected to think that he was not suffering a penally when he was denied eligibility for parole,” Warden, 417 U.S. at 662, 94 S.Ct. at 2538, only an unus 952) (<HOLDING>); Mahler v. Eby, 264 U.S. 32, 39, 44 S.Ct. 283, Options: A. holding that the ex post facto clause did not apply because the civil contempt citation was not punitive B. holding that the ex post facto clause does not apply to deportation orders because deportation however severe its consequences has been consistently classified as a civil rather than a criminal procedure C. holding that because of its civil nature section 881 is not subject to the ex post facto clause D. holding that revocation of medical license does not violate the ex post facto clause E. holding that the ex post facto clause has no application to deportation

assistant: The best answer is B. holding that the ex post facto clause does not apply to deportation orders because deportation however severe its consequences has been consistently classified as a civil rather than a criminal procedure
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any Event of Default occurs (other than an Event of Default with respect to the Borrower described in clause (h) or (i) of Section 7.01 ), and at any time thereafter during the continuance of such Event of Default, the Administrative Agent may, and at the request of the Required Lenders shall, by notice to the Borrower, take any one or more of the following actions, at the same or different times: (i) terminate the Commitments, and thereupon the Commitments shall terminate immediately, (ii) declare the Loans then outstanding to be due and payable in whole (or in part, in which case any principal not so declared to be due and payable may thereafter be declared to be due and payable), and thereupon the principal of the Loans so declared to be due and payable, together with accrued interest thereon and all fees and other obligations of the Borrower accrued hereunder, shall become due and payable immediately, without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower; (iii) exercise the rights and remedies contemplated by Section 2.04(k) ; and (iv) exercise the rights and remedies contemplated by any one or more of the Loan Documents or by applicable law or equity; and in case of any event with respect to the Borrower described in clause (h) or (i) of Section 7.01 , the Commitments shall automatically terminate and the principal of the Loans then outstanding, together with accrued interest thereon and all fees and other obligations of the Borrower accrued hereunder and under the other Loan Documents, including those contemplated by Section 2.04(k) , shall automatically become due and payable, without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrower.

assistant: Remedies
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: does not come close to carrying its burden. [Doc. 1 at 4 (emphasis added) ]. Accordingly, Plaintiffs are not required to demonstrate a substantial need for the documents that cannot be satisfied by obtaining the information from other sources. And Plaintiffs have agreed to a confidentiality provision that treats all documents as protected excepting those documents that, because they are provided to HUD, are public records. See, e.g., DatCard Sys., Inc., 2011 WL 2491515, at *2 (as to the claim that production of the documents would require disclosure of highly sensitive proprietary information, the court found the claim “unfounded in light of the Protective Order in the underlying case”); Ford Motor Co. v. Edgewood Properties, Inc., 2010 WL 4687820, at *4 (D.N.J. November 10, 2010) (<HOLDING>); Medical Technology, Inc., v. Breg, Inc., 2010 Options: A. recognizing that there is an important privacy interest in corporate financial documents the court agrees that the information can be protected therefore the court required that the information be disclosed pursuant to a confidentiality order only to be used in connection with this litigation B. recognizing that information disclosed in private is not a public disclosure under the fca C. holding party seeking disqualification waives attorneyclient privilege as to the court so the court may assess the contents of allegedly confidential information and the party may present the information either in a hearing out of the presence of the party against whom confidentiality is to be protected or in camera inspection D. recognizing limits on an individuals right to privacy and requiring the government to move a compelling interest only if there will be disclosure of protected information E. recognizing that the purpose is to afford full information in connection with the estate in order that the necessary steps may be taken for its preservation

assistant: The best answer is A. recognizing that there is an important privacy interest in corporate financial documents the court agrees that the information can be protected therefore the court required that the information be disclosed pursuant to a confidentiality order only to be used in connection with this litigation
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: (2009) (finding satellite monitoring burdens an offender’s liberty interest in two ways, by “its permanent, physical attachment to the offender, and by its continuous surveillance of the offender’s activities”). Thus, courts must “ensure[ ] that legislation which deprives a person of a life, liberty, or property right have, at a minimum, a rational basis, and not be arbitrary. ...” In re Treatment and Care of Luckabaugh, 351 S.C. 122, 139-40, 568 S.E.2d 338, 346 (2002); see also Nebbia v. N.Y., 291 U.S. 502, 525, 54 S.Ct. 505, 78 L.Ed. 940 (1934) (“[T]he guarantee] of due process, as has often been held, demands only that the law shall not be unreasonable, arbitrary, or capricious.... ”); Hamilton v. Bd. of Trs. of Oconee County Sch. Dist., 282 S.C. 519, 319 S.E.2d 717 (Ct.App.1984) (<HOLDING>). Having served her sentence, I believe Options: A. holding that deprivation of real property although it would no longer constitute a taking might be so arbitrary or irrational that it runs afoul of the due process clause B. holding that a law survives rational basis review so long as there is any reasonably conceivable state of facts that could provide a rational basis for the classification C. holding that retroactive aspects of legislation must satisfy due process a burden met simply by showing that the retroactive application of the legislation is itself justified by a rational legislative purpose D. holding that deprivation of property must conform to due process principles E. holding that to comport with due process the legislation must have a rational basis for the deprivation and may not be so inadequate that the judiciary will characterize it as arbitrary

assistant: The best answer is E. holding that to comport with due process the legislation must have a rational basis for the deprivation and may not be so inadequate that the judiciary will characterize it as arbitrary
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: CURIAM. In this appeal from a decision of the tax court, Michael Dodge challenges the court’s assessment of penalties under 26 U.S.C. §§ 6651(a)(1) and 6654 for the 2002 tax year. After careful review, see Estate of Korby v. Comm’r, 471 F.3d 848, 852 (8th Cir.2006) (standards of review), we reject as frivolous Dodge’s effort to avoid tax liability by claiming that the Form 1040 does not comply with the Paperwork Reduction Act (PRA), see Lewis v. Comm’r, 523 F.3d 1272, 1277 (10th Cir.2008) (<HOLDING>); United States v. Patridge, 507 F.3d 1092, Options: A. holding that the use of the written form is mandatory and that failure to use the written form as mandated is reversible error B. holding that form 1040 complies with pra C. holding that application of an amortization provision is constitutional as long as it complies with renton D. holding that once consent to settlement agreement is withdrawn agreement can only be enforced as a binding contract that complies with rule 11 as established by proper pleading and proof E. holding a form 1040 is not a return if it has no effect under the internal revenue code

assistant: The best answer is B. holding that form 1040 complies with pra
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: arguments concerning the very sentencing calculation issue for which he now seeks appellate review, and the probation officer prepared a supplemental report outlining and explaining the offense level computations of which all parties and the court were aware. Martinez-Jimenez has waived any challenge to the district court’s offense level calculation and appellate review is precluded. Id. at 923 (internal citations omitted). We agree. There can be no clearer “intentional relinquishment or abandonment of a known right,” Olano, 507 U.S. at 733, 113 S.Ct. 1770, than when the court brings the defendant’s prior objection to his attention, asks whether it has been resolved, and the defendant affirmatively indicates that it has, cf. United States v. Denkins, 367 F.3d 537, 543 (6th Cir.2004) (<HOLDING>); United States v. Thompson, 289 F.3d 524, 527 Options: A. holding issue waived because it was not mentioned in brief but was only raised in notice of appeal B. holding issue not raised in the bankruptcy court was waived on appeal C. holding an issue not raised in the bankruptcy court was waived on appeal D. holding that an issue not raised on appeal is waived E. holding that a psr objection was waived because having expressly raised this issue defendant and his counsel then proceeded to abandon it

assistant: The best answer is E. holding that a psr objection was waived because having expressly raised this issue defendant and his counsel then proceeded to abandon it
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 also Bus. Guides, Inc. v. Chromatic Communications Enter., Inc., 498 U.S. 533, 554, 111 S.Ct. 922, 112 L.Ed.2d 1140 (1991) (affirming the imposition of sanctions on a represented party, sophisticated in prosecuting copyright infringement actions, who had through its officers signed a pleading in violation of Rule 11 certification requirements); Project 74 Allentown, Inc. v. Frost, 143 F.R.D. 77, 83 n. 7 (E.D.Pa.1992), aff'd, 998 F.2d 1004 (3d Cir.1993) (noting that Rule 11 permits a court “to sanction the individual who signed a paper on behalf of a corporation as well as the corporation itself’); Calloway v. Marvel Entm’t Group, 854 F.2d 1452, 1475 (2d Cir.1988), rev’d sub nom., Pavelic & LeFlore v. Marvel Entm’t Group, 493 U.S. 120, 110 S.Ct. 456, 107 L.Ed.2d 438 (1989) (<HOLDING>). Neither Jazz nor Benun has identified any Options: A. holding that a criminal defendant is entitled to know the charges against him and to be tried solely upon the charges against him internal quotation marks and citation omitted B. holding that an order imposing sanctions against an attorney for one of the parties in a pending case is final and therefore immediately appealable by the attorney C. holding that where the party does know that the filing and signing is sic wrongful and the attorney reasonably should know then sanctions against both are appropriate D. holding that it is always appropriate to assume that our elected representatives like other citizens know the law E. recognizing that each party to a contract has a duty to read and familiarize himself with its contents and generally is presumed to know the terms of the agreement

assistant: The best answer is C. holding that where the party does know that the filing and signing is sic wrongful and the attorney reasonably should know then sanctions against both are appropriate
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 Employee will focus her efforts on behalf of the Company on oversight and management of all aspects of Accounting, Treasury, and Tax in the United States and will have such duties and responsibilities as may be delegated or assigned to her from time to time by her supervisor. The Employee shall perform her duties and responsibilities primarily from the Company’s corporate headquarters when not traveling for business and shall travel as necessary to perform her duties and responsibilities. The Employee will provide services hereunder on a substantially full time basis. The Employee understands that it shall be a violation of this Employment Agreement for the Employee to engage in any outside activities in oilfield well completion services business in the United States while employed by the Company as set forth more fully in Section 4(c).

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: Seller agrees to assign and convey the Property to Buyer, and Buyer agrees to assume and purchase the Property from Seller, subject to and in accordance with all of the terms, covenants and conditions hereinafter set forth.

assistant: Sales