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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Deliver all of the Collateral Documents, and any other document, instrument, agreement, recording or filing listed on Schedule 6.15 within the timeframe indicated therein and (b) from time to time execute and deliver, or cause to be executed and delivered, such additional instruments, certificates or documents, and take such actions, as the Administrative Agent may reasonably request for the purposes of implementing or effectuating the provisions of this Agreement and the other Loan Documents, or of more fully perfecting or renewing the rights of the Administrative Agent and the Lenders with respect to the Collateral (or with respect to any additions thereto or replacements or proceeds thereof or with respect to any other property or assets hereafter acquired by any Loan Party which may be deemed to be part of the Collateral) pursuant hereto or thereto. Upon the exercise by the Administrative Agent or any Lender of any power, right, privilege or remedy pursuant to this Agreement or the other Loan Documents which requires any consent, approval, recording, qualification or authorization of any Governmental Authority, the Borrower will execute and deliver, or will cause the execution and delivery of, all applications, certifications, instruments and other documents and papers that the Administrative Agent or such Lender may be required to obtain from the Borrower or any of its Subsidiaries for such governmental consent, approval, recording, qualification or authorization.

assistant: Further Assurances
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) Keep all Property material to the conduct of its business in reasonably good working order and condition, ordinary wear and tear excepted except where a failure to do so, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

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 case excerpt and choose the best holding from the options. Case excerpt: covenant or of any covenant enacted by the Association. Second, Mr. Westphal claims that the actions of the Association are state action because the Association is a quasi-governmental entity. He maintains that the Association “operates as a ‘mini-government’” because it raises money through dues, has an elected governing body, enacts rules and regulations, and enforces such rules through the court system. In support of this argument, Mr. Westphal relies on Chesus v. Watts, 967 S.W.2d 97 (Mo.App.1998), and Terre Du Lac Ass’n, Inc. v. Terre Du Lac, Inc., 737 S.W.2d 206 (Mo.App.1987). In these two cases, the court held that a homeowner’s association had the right to sue a developer to enforce contracts between the developer and the association’s members. Chesus, 967 S.W.2d at 106 (<HOLDING>); Terre Du Lac, 737 S.W.2d at 213 (holding the Options: A. holding that employers have standing to sue B. holding the homeowners association had standing to sue under the theory of promissory estoppel C. holding that the plaintiff as a loss payee under a fidelity insurance policy had standing to sue the insurer directly D. holding that plaintiffs lacked standing to sue E. holding that a motor carriers association has standing to sue on behalf of its members for department of transportations alleged abuses of agency authority

assistant: The best answer is B. holding the homeowners association had standing to sue under the theory of promissory estoppel
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Credit Parties carries insurance (which may be carried by the Borrower on a consolidated basis) with reputable insurers in respect of such of their respective Properties, in such amounts and against such risks as is customarily maintained by other Persons of similar size engaged in similar businesses.

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 case excerpt and choose the best holding from the options. Case excerpt: directly across from the entrance to Silkwood Estates. This will result in traffic congestion in that area. Beyond this testimony, Plaintiffs did not present any expert evidence that the level of traffic on Todd George Road would be increased to unacceptable levels. On the other hand, the JBM Traffic Study and the study performed by the City’s traffic engineer indicated that, with the improvements recommended by the studies and which were required by the zoning ordinance as a precondition to building, the level of service on Todd George Road would remain acceptable. In light of this evidence, the decision that the increase in traffic could be accommodated and should not preclude rezoning was at least fairly debatable. See Treme v. St. Louis County, 609 S.W.2d 706, 714 (Mo.App.1980) (<HOLDING>). Plaintiffs also contend that the rezoning Options: A. holding innocent purchaser contention was without merit where appellant argued it should not be subject to rezoning classification B. holding rezoning is at least fairly debatable where the evidence on traffic was conflicting C. holding that even where it is impossible to separate the causes of increases in traffic the influence of the challenged activity on increased traffic is still an important causal effect D. holding that on plain error review the defendants must demonstrate that the jury would not have found beyond a reasonable doubt that the defendants conspired to traffic in at least 50 grams of crack E. holding that a traffic stop is valid under the fourth amendment if the stop is based on an observed traffic violation or if the police officer has reasonable articulable suspicion that a traffic or equipment violation has occurred or is occurring

assistant: The best answer is B. holding rezoning is at least fairly debatable where the evidence on traffic was conflicting
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: which considers a franchisor’s control or right of control over the daily operation of the specific aspect of the franchisee’s business that is alleged to have caused the harm). 24 .See id. at 338-39 (discussing at length traditional master/servant test for vicarious liability and concluding that the principles and objectives are insufficient in the franchisor/franchisee context and identifying a clear trend in the case law in other jurisdictions); Pizza K, Inc. v. Santagata, 249 Ga.App. 36, 547 S.E:2d 405, 406-07 (2001) (held summary judgment in favor of franchisor proper in case involving negligence of franchisee’s delivery driver when evidence demonstrated that franchisor did not have sufficient authority to control the time, manner, and method of ex 5, 166 S.W.2d 38 (1942) (<HOLDING>); J.J. Newberry Co. v. Judd, 259 Ky. 309, 82 Options: A. holding school district strictly hable for sexual harassment by its employees B. holding a store vicariously hable when its assistant manager falsely imprisoned the plaintiff C. holding a racetrack vicariously hable when its security guard assaulted the plaintiff with a club D. holding the issue of gross negligence was a jury question where a branch manager was murdered during a robbery after the bank suffered two prior robberies and had withdrawn an armed security guard in violation of their own security manual E. holding that employer is not vicariously hable for employees negligence while driving to work where such driving conferred no special benefit upon employer other than to make employees services available

assistant: The best answer is C. holding a racetrack vicariously hable when its security guard assaulted the plaintiff with a club
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 29 C.F.R. part 1630, § 1630.1 (1992). 20 . See 29 C.F.R. § 1630.2 (1992). 21 . 29 C.F.R. Part 1630, Appendix to Part 1630-Interpretive Guidance on Title I of the Americans with Disabilities Act, § 1630.1(a). 22 . Id. at § 1630.2(j). 23 . See infra Part 11(A)(2). 24 . See 29 U.S.C.S. § 706(8)(B)(iii) (1990). 25 . 794 F.2d 931 (4th Cir.1986). 26 . Id. at 935. 27 . 755 F.2d 1244, 1249-50 (6th Cir.1985). 28 . Id. at 1249; see also Welsh v. City of Tulsa, 977 F.2d 1415, 1419 (10th Cir.1992) (applying these factors in affirming summary judgment against plaintiff on grounds that he failed to establish that he was regarded as handicapped). 29 . 755 F.2d at 1249 n. 3. Such a "narrow range of jobs" need not be numerically insignificant. See, Daley v. Koch, 892 F.2d 212, 215 (2d Cir.1989) (<HOLDING>). This court takes judicial notice that New Options: A. recognizing sleeping as major life activity B. holding that a lifting restriction of ten pounds did not constitute a physical impairment that substantially limited a major life activity C. holding that disqualification from an especially traumatic occupation does not constitute a substantial limitation on the major life activity of working D. holding that a perceived impairment that prevented the plaintiff from successfully applying for a position as a police officer for the city of new york did not constitute a substantial limitation of a major life activity E. holding that reproduction is not a major life activity

assistant: The best answer is D. holding that a perceived impairment that prevented the plaintiff from successfully applying for a position as a police officer for the city of new york did not constitute a substantial limitation of a major life activity
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: 153 L.Ed.2d 524 (2002). In Harris, the Court reaffirmed McMillan and upheld a court’s ability to increase a defendant’s minimum sentence by finding that the defendant brandished a firearm in the course of drug trafficking without proof beyond a reasonable doubt. Harris, 536 U.S. at 559-60, 122 S.Ct. 2406. As a result, Defendant’s challenge to the vitality of Smith and Elliott is unavailing. {5} Nor are we persuaded by Defendant’s challenge of Almendarez-Torres, either because of Justice Thomas’s concurring opinion in Apprendi, or the level of the contest raised concerning the existence of prior convictions. As the State points out, the federal circuit courts have consistently rejected these contentions. See, e.g., United States v. Arellano-Rivera, 244 F.3d 1119, 1127 (9th Cir.2001) (<HOLDING>); United States v. Gomez-Estrada, 273 F.3d 400, Options: A. holding that apprendi carved out an exception for prior convictions that specifically preserved the holding of almendareztorres B. holding both that almendareztorres was not overruled by apprendi and was not limited to facts in which the defendant does not contest prior convictions C. holding that almendareztorres was not overruled by apprendi D. holding that almendareztorres remains good law after apprendi E. holding that almendareztorres remains the law after apprendi

assistant: The best answer is B. holding both that almendareztorres was not overruled by apprendi and was not limited to facts in which the defendant does not contest prior convictions
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: financially secure couples from unnecessarily obtaining Medicaid assistance. Morris, 685 F.3d at 929 (citing H.R.Rep. No. 100-105, pt. 2, at 65 (1987), 1988 U.S.C.C.A.N. 857); see also Lopes v. Dep’t of Soc. Seros., 696 F.3d 180, 188 (2d Cir.2012). Congress directed that a couple’s combined resources are counted in determining Medicaid eligibility for an institutionalized spouse, 42 U.S.C. § 1396r-5(c)(2)(A), but the income of the community spouse is not included, id. § 1396r-5(b)(l). See Morris, 685 F.3d at 930. Further, “a couple may convert joint resources—which may affect Medicaid eligibility — into income for the community spouse—which does not impact eligibility — by purchasing certain types of [income generating investments].” Id. at 928; see also Lopes, 696 F.3d at 188 (<HOLDING>); James v. Richman, 547 F.3d 214, 218-19 (3d Options: A. holding that a spouse was bound by a conveyance of community property to which she was not a party because of her knowledge and acquiescence to the conveyance B. recognizing the right of a former spouse to seek contribution for payment of community debts not allocated by the divorce decree C. holding that absent an actionable injury to one spouse the other spouse cannot recover for loss of consortium D. holding that the employer did not have a plan under erisa where no administrative scheme was required to pay the annuity benefit E. holding nontransferable annuity for community spouse was not countable resource

assistant: The best answer is E. holding nontransferable annuity for community spouse was not countable resource
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one agreement, and any of the parties hereto may execute this Agreement by signing any such counterpart. Delivery of an executed counterpart of a signature page hereto by facsimile or other electronic transmission (i.e. pdf) shall be effective as delivery of a manually executed counterpart thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: without authority to grant JNOV judgments). Accordingly, we hold that the trial court’s grant of a JNOV in this case was improper. Nevertheless, trial courts do maintain the authority to order new trials for eviden-tiary insufficiency in criminal cases; a power which is the functional equivalent of granting a JNOV in a civil case. Therefore, when a jury returns a guilty verdict and the trial court grants the defendant’s motion for new trial based upon insufficiency of the evidence under Texas Rule of Appellate Procedure 30(b)(9), double jeopardy prevents the trial court from entering any other judgment than an acquittal. Tex.R.App. P. 30(b)(9); Moore v. State, 749 S.W.2d 54, 58 (Tex.Cr.App.1988); see also Burks v. United States, 437 U.S. 1, 11, 98 S.Ct. 2141, 2147, 57 L.Ed.2d 1 (1978) (<HOLDING>). Therefore, a trial court’s JNOV ruling after Options: A. holding that the jeopardy clause bars retrial when the prosecution failed to supply sufficient evidence to merit conviction B. holding that prosecutorial misconduct bars retrial after conviction overturned because of perjured testimony only where this stringent standard met C. holding that where the evidence offered by the state and admitted by the trial court whether erroneously or not would have been sufficient to sustain a guilty verdict the double jeopardy clause does not preclude retrial D. holding that the double jeopardy clause bars retrial when the commonwealth intentionally undertakes to prejudice the defendant to the point of the denial of a fair trial E. holding that retrial did not violate the double jeopardy clause where reversal based on trial error distinguishing reversal for insufficient evidence

assistant: The best answer is A. holding that the jeopardy clause bars retrial when the prosecution failed to supply sufficient evidence to merit conviction
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, including all Co-Tenants and principal owners of the Co-Tenants, shall be permitted to assign any of its rights or obligations under this Agreement, without the prior written consent of BR CDP. Any assignment or attempted assignment of any of the rights or obligations under this Agreement without complying with this Paragraph E shall be void ab initio. Notwithstanding the foregoing, to the extent permitted under any Loan, interparty transfers of Co-Tenancy interests in the Property between Duke and Commander shall be permitted provided the ownership composition of Duke and Commander does not change from the ownership composition which existed as of the date of this Agreement. The Co-Tenants agree among themselves to cause Trustee and CB to use commercially reasonable efforts when negotiating Loan Documents to provide for such interparty transfers under the Loan.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: with the special notice blizzard entertainment will remind you that your continued use after the expiration of one ( 1 ) month following the special notice means that you accept any and all changes .

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: It is a national banking association, duly organized and validly existing in good standing under the laws of the United States of America and has, in all material respects, full power, authority and legal right to own its properties and conduct its business as such properties are at present owned and such business is at present conducted, and to execute, deliver and perform its obligations under this Agreement.

assistant: Organizations
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: You may accept this Retirement Agreement by signing it and returning it to CNA Financial Corporation, 333 South Wabash Ave., Chicago, IL 60603, Attn: Elizabeth Aguinaga, Chief Human Resources Officer not later than the twenty-first (21st) day after the Retirement Agreement is provided to you. The effective date of this Retirement Agreement shall be the date after the 7-day revocation period expires. In the event you do not accept this Retirement Agreement as set forth in this Section 20, this Retirement Agreement, including but not limited to, the obligation of the Company hereunder to provide the payments and other benefits under this Retirement Agreement, shall be deemed automatically null and void.

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 case excerpt and choose the best holding from the options. Case excerpt: fees under 42 U.S.C. § 1988, "an appropriate ad justment for delay in payment-whether by the application of current rather than historic hourly rates or otherwise” is permissible. 491 U.S. 274, 283-84, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989). The Seventh Circuit in Brandt v. Schal Assoc., Inc. upheld a district court’s award of interest on attorney’s fees for the "delay factor” and affirmed the district court’s holding that awarding delay damages does not violate Cooter & Gell v. Hartmarx Corp. 960 F.2d 640, 645, 649 (7th Cir.1992) (citing 496 U.S. 384, 110 S.Ct. 2447, 110 L.Ed.2d 359 (1990)). 171 . The FDIC disputes that it acted as a receiver here. See supra note 158. 172 . See, e.g., Spawn, 989 F.2d at 833 (quoting McGehee v. Panama Canal Comm'n, 872 F.2d 1213, 1215 (5th Cir.1989)) (<HOLDING>); see also Meyer, 510 U.S. at 482, 114 S.Ct. Options: A. holding that a government agency may lose its immunity to interest sanctions if congress has shed the cloak of sovereignty and given an agency the status of a commercial operation B. holding that when congress has implicitly delegated legislative authority to an agency a court may not substitute its own construction of a statutory provision for a reasonable interpretation made by the administrator of an agency C. holding that a draft of a proposed letter from an area director of a government agency to a municipal administrative agency was properly excluded because it did not represent an agency finding D. holding that when an agency has not reached an issue the proper course is to remand to the agency to address in the first instance E. holding that agency regulations cannot be applied retroactively unless congress has so authorized the administrative agency and the language of the regulations require it

assistant: The best answer is A. holding that a government agency may lose its immunity to interest sanctions if congress has shed the cloak of sovereignty and given an agency the status of a commercial operation
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: Eagle shall: (i) perform all of its obligations under this Agreement in compliance with all Applicable Laws and the Codes; (ii) instruct its personnel not to, and shall use reasonable efforts consistent with industry practices to ensure that its personnel do not, make any representation, statement, warranty or guaranty, oral or written, with respect to any Product that is inconsistent with the then-current Labeling of such Product, the applicable approved Materials or Applicable Laws; or that is deceptive or misleading in any way; or take any action that disparages or may jeopardize the good name, goodwill or reputation of any of the Products or of Eagle or any of its Affiliates; (iii) maintain and enforce a corporate compliance program consistent with the OIG Compliance Guidance, including maintaining a mechanism for its personnel to report, at any time and anonymously if they choose, any concerns about potential non-compliance with Applicable Laws, Codes or Eagle policies, procedures, standards and practices, and that requires Eagle to promptly and diligently investigate and take appropriate corrective and disciplinary action with regard to any such reports, as applicable; and (iv) promptly notify Spectrum of the substance of, and coordinate with Spectrum regarding, any report described in clause (iii) above relating to a Product or Eagle’s activities under this Agreement that potentially violates Applicable Laws, Codes or Eagle’s compliance policies, procedure, standards and practices.

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: Your annual gross base salary continues to be $ 6 7 0,000 and paid on the Company’s U.S. Dollar payroll in accordance with normal Transocean payroll policy (the “Base Salary”). Your annual gross base salary will be reviewed each year by the Compensation Committee (the “Committee”) of the Board of Directors of Transocean Ltd. (the “Board”) and communicated to you in writing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the terms and subject to the conditions contained in this Agreement, the Employee is hereby deemed to be employed under the terms of this Agreement on the Effective Date as an Executive Vice President of the Company. The Employee agrees to provide full-time services for the Company during the term of this Agreement. The Employee agrees to devote her best efforts to the business of the Company, and shall perform her duties in a diligent, trustworthy, and business-like manner, all for the purpose of advancing the business of the Company. Notwithstanding the above, the Employee may engage in other business interests or investments which do not conflict with the interests of Company or materially prevent the Employee from performing her contemplated services hereunder on behalf of the Company.

assistant: Employment
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: 13 case, the starting point for determining the cram-down rate is the treasury rate, not the prime rate. 7 . Bankruptcy Judge Letitia Z. Paul, who is now retired, also issued an opinion that although not expressly holding that Till requires use of the Prime Plus Approach, nevertheless used this approach in determining the cramdown rate in a Chapter 13 case. In re Tirey, 350 B.R. 62, 69 (Bankr. S.D. Tex. 2006). 8 . In Montemayor, the real estate securing the claim was the debtors' homestead. [Case No. 10-36990, Doc, No. 1, p. 14 of 49], Because this property was the debtors’ principal residence, § 1322(b)(2) prevents modifying the rights of the lien holder—including changing the interest rate. See Nobelman v. Am. Sav. Bank, 508 U.S. 324, 331, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993) (<HOLDING>). However, § 1322(b)(5) provides an exception Options: A. holding that 1322b2 prohibits modification of the interest rate on the loan on the debtors principal residence B. holding that the proper rate for prejudgment interest is the rate fixed by the parties in a contract C. holding that the determination of whether the debtor is using real property as his principal residence is made as of the petition date for the purposes of section 1322b2 D. holding that citys tax hen on debtors principal residence was modifiable despite 1322b2 because not consensual and thus not a security interest E. holding that modifying an interest rate in a bankruptcy plan constitutes an impermissible modification under 1322b2

assistant: The best answer is A. holding that 1322b2 prohibits modification of the interest rate on the loan on the debtors principal residence
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 provision of this Agreement shall be held by a court of competent jurisdiction, or declared under any law, rule or regulation of any government having jurisdiction over the Parties hereto, to be illegal, invalid or unenforceable, then such provision will, to the extent permitted by the court or government, not be voided, but will instead be construed to give effect to the intentions of the Parties to the maximum extent permissible under Applicable Law, and the remainder of this Agreement will remain in full force and effect in accordance with its terms.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: acts of savings and loans associations of their basic state common-law-type remedies.”). As OTS has instructed, “[fjederal thrifts are presumed to interact with their borrowers in a truthful manner,” and so laws which generally impose obligations of truthfulness “should have no measureable impact on lending operations.” Opinion of OTS Chief Counsel, P-96-14, Dec. 24, 1996, available at 1996 WL 767462, at *6 (concluding that Indiana Deceptive Act and Practices statute not preempted by HOLA and implementing regulations). Consequently, because plaintiffs’ fraud and unjust enrichment causes of action are not state laws which impose specific substantive standards which more than incidentally affect lending operations, these claims are not preempted. See Baldanzi, 2008 WL 4924987, at *3 (<HOLDING>); see also Cassese MTD Opinion, at 34-35 Options: A. holding that erisa does not permit a plaintiff to assert an independent federal common law cause of action such as unjust enrichment to enforce the terms of an erisa plan thus to the extent plaintiffs third cause of action for unjust enrichment is brought pursuant to a federal common law right it must be dismissed B. holding that the plaintiffs claims for unjust enrichment were not barred by the availability of relief under the public works bonding act mcl 129201 et seq because a plaintiff enjoyed the right at common law to recover in quantum meruit from a defendant who had been unjustly enriched C. holding that where a prior agreement fixed the salary of the plaintiff plaintiff could not seek to recover for his services on a theory of unjust enrichment D. holding common law claim for unjust enrichment not preempted plaintiffs claims in the instant case asserted under generally applicable common law principles and statutes seek only to test defendants conduct of its business by the same standards applied to other business enterprises and to recover gains allegedly obtained unjustly they do not seek to impose any limitations on the defendants exercise of its national banking power and thus invoke laws that would only affect that power incidentally if at all E. recognizing that new mexico has adopted the common law unless otherwise abrogated by specific statutory provisions and that the power of a trial court to change venue on its own motion if necessary to assure the defendant a fair trial is part of that common law

assistant: The best answer is D. holding common law claim for unjust enrichment not preempted plaintiffs claims in the instant case asserted under generally applicable common law principles and statutes seek only to test defendants conduct of its business by the same standards applied to other business enterprises and to recover gains allegedly obtained unjustly they do not seek to impose any limitations on the defendants exercise of its national banking power and thus invoke laws that would only affect that power incidentally if at all
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) (i) The summary condensed consolidated financial information of CGIH (a) as of and for the fiscal year ended, January 31, 2016, and (ii) as of and for the three months ended October 29, 2016, which in each case has been derived from consolidating schedules to Claire’s Stores’ consolidated financial statements as of the same date and for the same period, copies of which have heretofore been furnished to each Lender, were prepared in accordance with GAAP consistently applied throughout the period covered thereby and present fairly in all material respects the consolidated financial position of CGIH and its Subsidiaries as at such date and the consolidated results of operations and cash flows of CGIH and its Subsidiaries for the fiscal period then ended (subject, in the case of clause (ii), to normal year-end audit adjustments and the absence of footnotes).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any contrary provision of this Agreement, the Members acknowledge and agree that the reasonable expenses and charges incurred directly or indirectly by or on behalf of the Manager, Bluerock, Carroll or the Property Manager in connection with its obligations under this Section 8 will be reimbursed by the Company to the applicable party. Further, it is expressly understood and agreed that all reasonable expenses of Bluerock, Carroll and their principals and Affiliates associated with the Company or the Property, along with all accounting and administrative expenses for Carroll, shall be reimbursed by the Company, including without limitation, filing fees, tax returns, closing costs, due diligence and travel.

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 case excerpt and choose the best holding from the options. Case excerpt: drug abuse offense, the court shall impose a mandatory fine of four thousand dollars." R.C. 2925.03(L) further provides that a mandatory fine shall not be imposed by the trial court if the defendant is indigent. State v. Ball (Feb. 15, 1990), Cuyahoga App. No. 57903, unreported. "(L) No court shall impose a mandatory fine pursuant to division (H) of this section upon an offender who alleges in an affidavit filed with the court prior to sentencing that he is indigent band is unable to pay any mandatory fine imposed pursuant to that division, if the court determines that the offender is an indigent person and is unable to pay the fine." See also, State v. Porter (July 19, 1990), Cuyahoga App. No. 57251, unreported, citing State v. Petty (June 9, 1987), Cuyahoga App. No. 52069, unreported (<HOLDING>). The trial court failed to impose the Options: A. holding failure to exercise discretion is abuse of discretion B. holding that a sentence imposed within statutory limits will not be disturbed on appeal absent an abuse of discretion by the trial court C. recognizing that we review the sentence imposed by a district court under the abuse of discretion standard D. holding a discretionary fine imposed upon an indigent by the court is an abuse of discretion E. holding not an abuse of discretion to deny funds

assistant: The best answer is D. holding a discretionary fine imposed upon an indigent by the court is an abuse of discretion
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: Penal Code Ann. § 37.09(a)(2). A person commits the offense of tampering with a governmental record if he: (1) knowingly makes a false entry in, or false alteration of, a governmental record; or (2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record. Id.§ 37.10(a)(l)-(2). A public servan s’ good faith, we need not consider whether Wess actually violated the law. See Tex.R.App. P. 47.1; Wichita I, 917 S.W.2d at 785-86. 5 . The Act does not protect reports of violations of internal departmental policy that were not promulgated pursuant to a statute or ordinance. See Ruiz v. City of San Antonio, 966 S.W.2d 128, 130 (Tex.App.-Austin 1998, no pet.); see also Grabowski, 922 S.W.2d at 955-56 (<HOLDING>). Burkett testified that the commission of an Options: A. holding there was no evidence a reasonably prudent employee in similar circumstances would have believed facts reported by plaintiff were a violation of law B. holding that deputys belief that he had reported a violation of law was not reasonable where the violation was simply that of an internal departmental policy C. holding that a violation of the hearsay rule was harmless D. holding that section 1983 actions based on violation of the fourth amendment may not rest on violation of state law E. holding that violation of state law was not a per se constitutional violation

assistant: The best answer is B. holding that deputys belief that he had reported a violation of law was not reasonable where the violation was simply that of an internal departmental policy
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: of FOIA litigation. The first focuses on the sufficiency of the factual basis or, in other words, the Vaughn index. At this stage an agency may show that a generalized Vaughn index, one that presents the withheld documents in groupings rather than individually, is appropriate. See Bevis, 801 F.2d at 1389 (Exemption 7(A)); see also In re Department of Justice, 999 F.2d 1302, 1309 (8th Cir.1993) (describing the necessary showing to justify a generalized Exemption 7(A) index). The second stage confronts dispositive motions, e.g., at summary judgment. This refers to a court’s assessment of whether the exercise of the Exemption is legitimate. See United States Dep't of Justice v. Reporters Comm. for Freedom of the Press, 489 U.S. 749, 780, 109 S.Ct. 1468, 1485-86, 103 L.Ed.2d 774 (1988) (<HOLDING>). These two stages are somewhat different. An Options: A. holding that a third party has authority to consent to a search if the third party is a coinhabitant B. holding that a draft rap constituted a final remedial design C. holding that where a third partys conduct is closely related to the contractual relationship or the contractual dispute and where the third party enjoys financial benefit from the contract the forum selection clause applies to the third party D. recognizing that a forum selection clause also applies to a nonsignatory third party where the third partys conduct is closely related to the contractual relationship or the contractual dispute and where the third party enjoys financial benefit from the contract E. holding that exemption 7c categorically applies when a third party requestor seeks fbi rap sheets

assistant: The best answer is E. holding that exemption 7c categorically applies when a third party requestor seeks fbi rap sheets
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: To induce Sublandlord to enter into this Sublease, Subtenant hereby represents to Sublandlord that (i) Subtenant is a duly formed and validly existing New York mutual insurance company with full power and authority to enter into this Sublease and to perform Subtenant’s obligations under this Sublease in accordance with its terms and (ii) this Sublease has been duly authorized, executed and delivered by Subtenant and constitutes the legal, valid and binding obligation of Subtenant. To induce Subtenant to enter into this Sublease, Sublandlord hereby represents to Subtenant that (i) Sublandlord is a duly formed and validly existing corporation with full power and authority to enter into this Sublease and to perform Sublandlord’s obligations under this Sublease in accordance with its terms and (ii) this Sublease has been duly authorized, executed and delivered by Sublandlord and constitutes the legal, valid and binding obligation of Sublandlord.

assistant: Authority
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 question or dispute regarding the administration or interpretation of the Notice, the Plan or this Award Agreement shall be submitted by the Director or by the Company to the Administrator. The resolution of such question or dispute by the Administrator shall be final and binding on all persons.

assistant: Interpretations
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: of a class action, the question is not whether the plaintiff or plaintiffs have stated a cause of action or will prevail on the merits, but rather whether the requirements of [the procedural rule governing class actions] are met.” (quoting Miller v. Mackey Int’l, 452 F.2d 424 (5th Cir.1971))). 12 .See Texas Ass'n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 444 (Tex.1993) ("An opinion issued in a case brought by a party without standing is advisory because rather than remedying an actual or imminent harm, the judgment addresses only a hypothetical injury.”). 13 . See id. 14 . E.g. Plas-Tex, Inc. v. U.S. Steel Corp., 772 S.W.2d 442, 443-445 (Tex.1989). 15 . 135 S.W.3d 657, 679 (Tex.2004) (footnote omitted). Cf. Collins v. DaimlerChrysler Corp., 894 So.2d 988 (Fla.Dist.Ct.App.2004) (<HOLDING>). 16 . See, e.g., Martinez v. Second Injury Options: A. holding that erisa preempts a plaintiffs claims for violation of the state insurance code and consumer protection act B. holding that the plaintiffs stated a claim for conspiracy because they alleged an actionable tort C. holding that an insurers violation of covenant of good faith and fair dealing was actionable under the consumer protection act D. holding that plaintiffs complaint that the value of her car was less because it was equipped with gen3 seatbelt buckles is actionable under the state consumer protection law even though the alleged defect has never manifest itself in an emergency or caused damages E. holding on habeas review that defendant was not in custody for miranda purposes and reciting among other facts that defendant was transported to a police station for questioning in an unmarked police car which was not equipped with a shield inside the car

assistant: The best answer is D. holding that plaintiffs complaint that the value of her car was less because it was equipped with gen3 seatbelt buckles is actionable under the state consumer protection law even though the alleged defect has never manifest itself in an emergency or caused damages
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: testimony and other evidence in support of his defensive theory, the standard of review requires us to presume that the jury resolved any conflicts in favor of its verdict and to defer to the jury’s determination. See Wise, 364 S.W.3d at 903 (citing Jackson, 443 U.S. at 318, 99 S.Ct. at 2788-89). Viewed in the proper light, the evidence is sufficient to support the jury’s determination that Cantu intentionally or knowingly caused Jackie’s death. The inconsistencies in Cantu’s statements could cause a rational juror to doubt the credibility of Cantu’s assertion that the gun discharged accidentally while he tried to take the gun from Jackie. Expert testimony about the evidence at the cr 2008 WL 3272146, at *2 (Tex.App.-Dallas Aug. 11, 2008) (mem. op., not designated for publication) (<HOLDING>); Butler v. State, 700 S.W.2d 319, 323 Options: A. holding that evidence was sufficient to prove defendant constructively possessed the gun where although defendant denied ownership of the gun it was found near a knife of which defendant claimed ownership and where defendant was aware of the presence of the gun B. holding that the evidence that the defendant violated a probation condition was not competent and substantial because the state presented only hearsay evidence C. holding evidence sufficient where defendant claimed he was out of state visiting a friend at time of trial and mistakenly believed that the case had been continued D. holding evidence sufficient where defendant claimed shooting was accidental and state presented contradicting testimony E. holding it error to give selfdefense instruction requiring that defendant believe his actions were necessary to avert death or great bodily harm when defendant claimed that the victims death was accidental

assistant: The best answer is D. holding evidence sufficient where defendant claimed shooting was accidental and state presented contradicting testimony
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in the Second Amended and Restated Certificate of Incorporation or the DGCL, the business and affairs of the Corporation shall be managed by or under the direction of the Board of Directors. The Board of Directors may exercise all such authority and powers of the Corporation and do all such lawful acts and things as are not by the DGCL or the Second Amended and Restated Certificate of Incorporation directed or required to be exercised or done by the stockholders.

assistant: Powers
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 acknowledge that this Agreement and the Exhibits hereto set forth the entire agreement and understanding of the parties as to the subject matter hereof, and supersedes all prior discussion, agreements and writings in respect hereto. The Company shall reimburse Ms. Simonet for reasonable legal fees and expenses in an amount up to $2,000 incurred in connection with negotiating this Agreement.

assistant: Entire Agreements