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: 1380 (1975); Great Am. Ins., 492 F.2d at 825; Home Indem., 376 F.2d at 893; Newark Ins. Co., 169 F.Supp. at 957). In this case, all of the necessary elements are present for the court to conclude that the government violated its duty as a stakeholder with respect to Travelers’ subrogated equitable rights in the $32,718.99 of the contract balance that the government retained. First, “[ajbsent a viable allegation of full performance under the payment bond, the surety would be unable to invoke the doctrine of equitable subrogation.” Nova Casualty, 69 Fed.Cl. at 294; see U.S. Fid. & Guar., 475 F.2d at 1381 (citing American Sur. Co. v. Westinghouse Elec. Mfg. Co., 296 U.S. 133, 136, 56 S.Ct. 9, 80 L.Ed. 105 (1935); North Denver Bank v. United States, 193 Ct.Cl. 225, 432 F.2d 466 (1970)) (<HOLDING>). Here, there is no dispute that Travelers Options: A. holding that the surety was not released to the extent of improper ly paid funds because the contractor had applied the released funds to progress on the contract B. holding that a surety has standing to sue for a progress payment released by the government after notification by the surety of unpaid subcontractors C. recognizing that the gjovernment as obligee owes no equitable duty to a surety unless the surety notifies the government that the principal has defaulted under the bond notice by the surety is essential before any governmental duty exists D. holding that a plaintiff surety had to pay all outstanding claims owed by the contractor or it otherwise would not be permitted to share in any retained funds held by the government E. holding that there is no privity of contract between the government and a surety since the government is not a party to the agreement between the surety and the contractor the government never undertakes an obligation to the surety

assistant: The best answer is D. holding that a plaintiff surety had to pay all outstanding claims owed by the contractor or it otherwise would not be permitted to share in any retained funds held by the government
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party agrees to cooperate with each other and their respective officers, employees, attorneys, accountants and other agents, and, generally, do such other reasonable acts and things in good faith as may be necessary to effectuate the intents and purposes of this Agreement, subject to the terms and conditions hereof and compliance with applicable law, including taking reasonable action to facilitate the filing of any document or the taking of reasonable action to assist the other parties hereto in complying with the terms hereof. Without limiting the foregoing: the Company shall (x) execute and deliver the Indenture and engage a trustee under the Indenture and cause such trustee to execute and deliver the Indenture, and (y) the Company will execute and deliver to the Purchasers the Registration Rights Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: 630, and are essential to preserve that right. New Jersey law in some circumstances affords greater protection of the right against self-incrimination than does federal law. For example, the Court has expanded ancillary rights in requiring readministration of Miranda warnings as a condition to continued interrogation after invocation of the right to remain silent. Hartley, supra, 103 N.J. 252, 511 A.2d 80. The right to counsel has also been the object of special judicial solicitude. See Reed, supra, 133 N.J. at 251, 627 A.2d 630 (finding under state privilege against self-incrimination that suspects undergoing custodial interrogation have additional ancillary right to be informed that counsel is attempting to reach the suspect); State v. Sanchez, 129 N.J. 261, 277, 609 A.2d 400 (1992) (<HOLDING>). Under Miranda, prior to any custodial Options: A. holding that affidavit of appellate counsel summarizing conversations with trial counsel in which trial counsel admitted making errors is hearsay and cannot establish ineffective assistance claim B. holding that defense counsel may decide whether to consent to voir dire proceedings before a federal magistrate C. holding that after indictment and before arraignment state may not institute conversations with defendants without consent of counsel D. holding that court may imply consent for purposes of 636c1 where the litigant or counsel was made aware of the need for consent and the right to refuse it and still voluntarily appeared to try the case before the magistrate judge E. holding under state constitution that validity of consent search requires knowledge of right to refuse consent

assistant: The best answer is C. holding that after indictment and before arraignment state may not institute conversations with defendants without consent of counsel
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: Solely to the extent permitted by Section 409A of the Code, the Company shall require the Eligible Employee to reduce the amount of the Eligible Employee’s desired deferral by the amount of payroll taxes, income taxes and Code Section 125 benefit plan contributions that are required to be withheld or paid on such deferral (and for which there would otherwise be insufficient funds).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower has the requisite corporate power and authority to enter into and to consummate the transactions contemplated by this Amendment and the Transaction Documents (as amended hereby) and otherwise to carry out its obligations hereunder and thereunder. The execution and delivery of this Amendment by the Borrower and the consummation by it of the transactions contemplated hereby and by the Transaction Documents (as amended hereby) have been duly authorized by all necessary action on the part of the Borrower, and no further action of the Borrower, its board of directors or stockholders is required in connection herewith or therewith.

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 case excerpt and choose the best holding from the options. Case excerpt: be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements.” 20 U.S.C. § 12S2g(b)(3); see ' also 34 C.F.R. § 99.35(a)(2)® (requiring the state or local educational authority or authorized agency to be responsible for “using reasonable methods to ensure to the greatest extent practicable” that any entity or individual designated as its authorized representative uses personal information only for purposes of evaluation or audit, “or for the enforcement of or compliance with federal legal requirements related to the programs”); 34 C.F.R. § 99.35(a)(2)(ii)-(iii) (<HOLDING>). The preamble to the Final Rule confirms that Options: A. recognizing relevance of information and that need for this information outweighs the burden to appellants B. holding state or local educational authority or authorized agency responsible for ensuring the protection of personal information and the destruction of the information when no longer needed C. holding that the plaintiff sufficiently pleaded a violation of the fcra based on extraneous information where it was alleged that the document included broad language regarding disclosure of the information the accuracy of the information the consequences of providing a false statement and the effect of a photocopy D. holding actual possession of or access to information by the irs is not an absolute bar to enforcement of a summons for that information E. holding that the right of access to government information or sources of information within the governments control is not mandated by the first or fourteenth amendments

assistant: The best answer is B. holding state or local educational authority or authorized agency responsible for ensuring the protection of personal information and the destruction of the information when no longer needed
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: Landlord's failure to furnish the Statement or Estimated Statement for any Expense Year in a timely manner shall not prejudice Landlord from enforcing its rights under this Article 5. Even if the Lease Term has expired and Tenant has vacated the Premises, if a deficiency exists when the final determination is made of Tenant's Share of the Direct Expenses for the Expense Year in which this Lease terminates or any prior Expense Year, Tenant shall within thirty (30) days of invoice pay to Landlord the amount calculated under subsection 5.3.2. Until a new Estimate Statement is furnished, Tenant shall pay monthly, along with the monthly Base Rent installments, an amount equal to one twelfth (1/12th) of the Tenant’s Share of the Direct Expenses as stated in the Estimate Statement last delivered by Landlord to Tenant. The provisions of this subsection 5.3.3 shall survive the expiration or earlier termination of the Lease Term.

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: is a decision for defense counsel. See United States v. Mays, 466 F.3d 335, 342 (5th Cir.2006) (characterizing the decision not to request a lesser offense jury instruction as "a strategic choice"); Tinsley v. Million, 399 F.3d 796, 808 (6th Cir.2005) (characterizing the decision not to request lesser offense jury instructions as "a permissible exercise of trial strategy"); Neal v. Acevedo, 114 F.3d 803, 806 (8th Cir.1997) (characterizing the decision not to request a lesser offense jury instruction as "reasonable trial strategy'); State v. Sheppard, 2740 Mont. 122, 890 P.2d 754, 757 (1995) (characterizing the decision not to request lesser offense jury instructions as "counsel's tactical decision" and "strategy'); State v. Edwards, 119 Ohio App.3d 106, 694 N.E.2d 534, 536-38 (1997) (<HOLDING>); State v. Eckert, 203 Wis.2d 497, 553 N.W.2d Options: A. recognizing that it is within our power to direct entry of judgment on a lesser included offense when vacating a greater offense if the commission of the lesser offense can be established from facts that the jury actually found citations omitted B. holding that counsel was not ineffective in failing to request a charge on the lesserincluded offense when the evidence showed either the commission of the completed offense as charged or the commission of no offense such that the defendant was not entitled to a charge on the lesser offense C. holding that the right to request lesser offense instructions is nonfundamental and reserved for counsels judgment D. holding that reviewing court in a proper case may modify a judgment of conviction below and affirm it as a conviction of a lesser degree of the offense charged or of a lesser crime included therein where the errors do not affect the conviction of the lesser offense E. holding that the greater offense is by definition the same for purposes of double jeopardy as any lesser offense included in it

assistant: The best answer is C. holding that the right to request lesser offense instructions is nonfundamental and reserved for counsels judgment
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 acknowledge that with respect to the transactions contemplated herein (a) each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to be effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits thereto; (b) neither party has received from the other any accounting, tax, legal or other advice, and (c) each party has relied solely upon the advice of its own accounting, tax, legal and other advisor.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Nikolay N. Bondarenko petitions for review of the Board of Immigration Appeals’ dismissal of his appeal from an Immigration Judge’s decision ordering him removed. Using the modified categorical approach, see Li v. Ashcroft, 389 F.3d 892, 895-96 (9th Cir.2004), and considering the Criminal Information, which was incorporated by reference in the Memorandum of Plea Agreement, see United States v. Hernandez-Hernandez, 431 F.3d 1212, 1217-18 (9th Cir.2005) (<HOLDING>), it is apparent that Bondarenko used violent Options: A. holding that application of the modified categorical approach did not establish a covered conviction where the judgment of conviction did not contain the factual basis for the crime B. holding that a district court cannot use the psrs factual statements when applying the modified categorical approach C. holding that a court determining the character of an underlying crime using the modified categorical approach may consider inter alia the charging document and written plea agreement D. holding that courts may consider a plea agreement and other documents contained in the record of conviction when applying the modified categorical approach E. holding modified categorical approach unavailable where the statute of conviction was missing an element of the generic definition

assistant: The best answer is D. holding that courts may consider a plea agreement and other documents contained in the record of conviction when applying the modified categorical approach
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 provision of this Agreement held to be invalid, illegal or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity, illegality or unenforceability without affecting the validity, legality and enforceability of the remaining provisions hereof; and the invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction. Without limiting the foregoing provisions of this Section 9.07 , if and to the extent that the enforceability of any provisions in this Agreement relating to Defaulting Lenders shall be limited by Debtor Relief Laws, as determined in good faith by the Administrative Agent, then such provisions shall be deemed to be in effect only to the extent not so limited.

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: placed and allowed R.A. to remain with Akin, who engaged in conduct that endangered R.A.’s physical or emotional well-being, and (b) Jordan herself engaged in conduct that endangered R.A.’s physical or emotional well-being. See Tex. Fam. Code Ann. § 161.001(1)(E). a. Placing and Allowing RA. to Remain with Akin For the same reasons detailed in our analysis of section D, we conclude the evidence supports the trial court’s determination that Jordan’s voluntary and knowing placement of R.A. with Akin and her voluntary and knowing decision to allow R.A. to remain with Akin by opting not to use earnest efforts until after September 2007 to regain custody of R.A., endangered the physical and emotional well-being of R.A. See In re S.P., 168 S.W.3d 197, 204-05 (Tex.App.-Dallas 2005, no pet.) (<HOLDING>); In re J.M.M., 80 S.W.3d at 241-42; Hann, 969 Options: A. holding evidence insufficient to terminate mothers parental rights under section c because mother made arrangements for adequate support of children evidence showed mother left children with father who maintained steady employment and adequately supported children mother knew that father would provide adequate support and mother left children pursuant to agreed divorce decree B. holding evidence legally and factually sufficient under sections d and e to terminate mothers parental rights based in part on evidence that mother placed children with father who lived transient lifestyle with children C. holding evidence supported terminating mothers parental rights under section d based in part on evidence that mother could not adequately protect or provide financially for children D. holding evidence legally and factually sufficient under sections d and e to terminate mothers parental rights based in part on evidence that mother placed children with physically abusive father E. holding evidence supported termination of mothers parental rights where among other factors mother knowingly allowed abusive and sexually deviant father to have access to children

assistant: The best answer is E. holding evidence supported termination of mothers parental rights where among other factors mother knowingly allowed abusive and sexually deviant father to have access to children
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: added), while § 2702(a)(4) states, "[a] person is guilty of aggravated assault if he: (4) attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon.” IcL., (emphasis added). 8 . A review of the certified record before us reveals appellant failed to file a pretrial motion to quash the information wherein he avers he was charged improperly with § 2702(a)(1) of the Crimes Code. Accordingly, this issue is arguably waived due to appellant's failure to raise the challenge at his first opportunity in a pretrial motion to quash. Compare Pa.R.Crim.P. 578, Omnibus Pretrial Motion for Relief, with Commonwealth v. Parmar, 448 Pa.Super. 470, 672 A.2d 314 (1996), appeal granted, 546 Pa. 640, 683 A.2d 879 (1996), affirmed, 551 Pa. 318, 710 A.2d 1083 (1998) (<HOLDING>). We have elected to address the merit of Options: A. recognizing that the appellants claim on appeal had been abandoned because although his motion for a coa briefly asserted the claim he did not brief the issue B. holding that an appellant has no standing to raise a due process issue where he has not shown that the alleged deficiency in the notice had any connection in fact with his own failure to seek review of the denial of his claim C. holding that the defendant waived an argument by failing to raise it in his appellants brief D. holding that while an appellants claim he was charged with the wrong crime may be waived due to his failure to properly preserve the issue by filing a pretrial motion to quash the waiver doctrine will not be applied where the statutes in question do not irreconcilably conflict on their face E. holding that a challenge to the weight of the evidence is waived for failure to present the issue first to the trial court

assistant: The best answer is D. holding that while an appellants claim he was charged with the wrong crime may be waived due to his failure to properly preserve the issue by filing a pretrial motion to quash the waiver doctrine will not be applied where the statutes in question do not irreconcilably conflict on their face
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: called Checkmate is either insincere or guileful, or both, since the duration of jurisdictional discovery has to do in large part with its own objections. This is what is so troubling about TatungTaiwan’s latest tactic. The instant Motion appears to be a backhanded attempt to make it seem as if this Court left Tatung-Taiwan with no choice but to scuttle its personal jurisdiction defense so that it can escape jurisdictional depositions and, if it comes to an appeal, reassert the defense at that point — a point in the litigation when Safer Display would be unable to prove personal jurisdiction with certainty because jurisdictional discovery would have ceased before the issue was resolved with certitude. See IDS Life Ins. Co. v. SunAmerica Life Ins. Co., 136 F.3d 537, 540 (7th Cir.1998) (<HOLDING>) (emphasis added). Indeed, as explained above, Options: A. holding that a dismissal based on a jurisdictional statute of limitations does not constitute a judgmerit on the merits because a judgment on the merits can only be rendered after a court has jurisdiction B. holding that despite the merits of the argument the appellant raised on appeal the issue was not preserved for judicial review because it was not raised before the administrative agency C. holding that if a motion implicates the merits of a cause of action the district court should find jurisdiction exists and treat the objection as a direct attack on the merits of the plaintiffs case D. holding that a delay in challenging personal jurisdiction may result in waiver E. holding that participating in the litigation on the merits does not result in a waiver of personal jurisdiction when the participation comes at the direction of the district judge after having raised the defense in a timely fashion

assistant: The best answer is E. holding that participating in the litigation on the merits does not result in a waiver of personal jurisdiction when the participation comes at the direction of the district judge after having raised the defense in a timely fashion
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 a Participant’s Termination of Service by reason of death, any Option held by such Participant that was exercisable immediately before such Termination of Service may be exercised at any time until the earlier of (A) the first (1st) anniversary of the date of such death and (B) the expiration date of such Option specified in the applicable Award Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: It is understood and agreed by the Parties that money damages would be an insufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to specific performance and injunctive or other equitable relief as a remedy of any such breach, including, without limitation, an order of the Bankruptcy Court or other court of competent jurisdiction requiring any Party to comply promptly with any of its obligations hereunder; provided , however , that, each Party agrees to waive any requirement for the securing or posting of a bond in connection with such remedy.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: negligent misrepresentation against Paychex and Walker. To state a claim for negligent misrepresentation, a plaintiff must allege that “(1) the defendant made a representation in the course of its business or in a transaction in which it had an interest, (2) the defendant supplied false information for the guidance of others in their business, (3) the defendant did not exercise reasonable care or competence in obtaining or communicating the information, and (4) the plaintiff suffered pecuniary loss by justifiably relying on the representation.” Cunningham v. Tarski, 365 S.W.3d 179, 186-87 (Tex.App.2012). Plaintiff alleges that Paychex and Walker made false representations in the course of their business when Walker, as Paychex’s agent, “sent a written communication that was intended (<HOLDING>). Again, the real question is whether Plaintiff Options: A. holding insureds claim against insurance agent for negligent misrepresentation not preempted by erisa agent told insured he would be covered for workrelated injuries when he in fact was not B. holding that a negligent misrepresentation claim brought by an independent third party health care provider was not preempted by erisa C. holding misrepresentation claim to be preempted D. holding that insurance broker is generally agent of insured E. holding that legal injury occurred for purposes of negligence action against insurance agent when insurance company rejected the claim

assistant: The best answer is A. holding insureds claim against insurance agent for negligent misrepresentation not preempted by erisa agent told insured he would be covered for workrelated injuries when he in fact was not
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of a Change in Control, each outstanding purchase right shall be assumed or an equivalent purchase right substituted by the successor corporation or a Parent or Subsidiary of the successor corporation. In the event that the successor corporation refuses to assume or substitute for the purchase right, the Offering Period then in progress shall be shortened by setting a New Purchase Date and shall end on the New Purchase Date. The New Purchase Date shall be before the date of the Company’s proposed merger or Change in Control. The Company shall notify each Participant in writing, at least ten (10) U.S. business days prior to the New Purchase Date, that the Purchase Date for the Participant’s purchase right has been changed to the New Purchase Date and that Shares shall be purchased automatically for the Participant on the New Purchase Date, unless prior to such date the Participant has withdrawn from the Offering Period as provided in Section 10.

assistant: Change In Control
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: your right to access to the service is subject to any limits established by your credit card issuer , billing service , ` world of warcraft game card agreement , ' or other payment methods authorized by blizzard entertainment .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you use developer features of the services , including but not limited to twitter for websites ( https://dev.twitter.com/web/overview ) , twitter cards ( https://dev.twitter.com/cards/overview ) , public api ( https://dev.twitter.com/streaming/public ) , or sign in with twitter ( https://dev.twitter.com/web/sign-in ) , you agree to our developer agreement ( https://dev.twitter.com/overview/terms/agreement ) and developer policy ( https://dev.twitter.com/overview/terms/policy ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Securities will not conflict with or result in a breach or violation of any of the terms and provisions of, or constitute a default under (i) the Company’s Certificate of Incorporation or the Company’s Bylaws, both as in effect on the date hereof (true and complete copies of which have been made available to the Investors through the EDGAR system), or (ii)(a) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company or its assets or properties, or (b) any agreement or instrument to which the Company is a party or by which the Company is bound or to which any of its assets or properties is subject.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties agree that the Company and its Affiliates would be damaged irreparably in the event that any provision of Section 2 or 3 of this Agreement were not performed in accordance with its terms or were otherwise breached, and that Executive would be damaged irreparably in the event of certain conduct by the Company and its Affiliates, and that money damages would be an inadequate remedy for any such nonperformance or breach. Accordingly, the Executive and the Company and its successors and permitted assigns shall be entitled, in addition to other rights and remedies existing in its favor, to seek an injunction or injunctions to prevent any breach or threatened breach of any of such provisions and to enforce such provisions specifically (without posting a bond or other security). Executive, the Company and its Affiliates agree to submit to the personal jurisdiction of the courts of the State of Texas in any action by the Company to enforce an arbitration award against Executive or to obtain interim injunctive or other relief pending an arbitration decision.

assistant: Enforcements
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: Id. If there is evidence in the record, including affidavits, exhibits, interrogatory answers, and depositions, as to any material fact from which an inference could be drawn in favor of the non-movant, summary judgment is unavailable. See Lane v. New York State Electric & Gas Corp., 18 F.3d 172, 176 (2d Cir.1994). Notably, “the trial court’s task at the summary judgment motion state of litigation is carefully limited to discerning whether there are genuine issues of material fact to be tried, not to decide them. Its duty, in short, is confined at this point to issue-finding, it does not extend to issue resolution.” Gallo v. Prudential Residential Servs. Ltd., 22 F.3d 1219, 1224 (2d Cir.1994); see Donahue v. Windsor Locks Board of Fire Commissioners, 834 F.2d 54, 57 (2d Cir.1987) (<HOLDING>). B. Fair Debt Collection Practices Act FDCPA Options: A. holding that on a motion for summary judgment the court cannot try issues of fact it can only determine whether there are issues to be tried B. holding that under florida law a court hearing a case on a motion for a summary judgment can only consider those issues raised by the pleadings C. holding that the function of the trial court on a motion for summary judgment is to determine whether issues of fact exist and not to decide the merits of the issues themselves D. holding that a probable cause determination is appropriate for summary judgment where there are no genuine issues of material fact and no credibility issues E. holding that when there are no genuine issues of material fact summary judgment is appropriate

assistant: The best answer is A. holding that on a motion for summary judgment the court cannot try issues of fact it can only determine whether there are issues to be tried
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 Former Greater Media Stockholder agrees, and agrees to cause its Affiliates, to at all times hold in confidence and keep secret and inviolate all of the Company’s confidential information, including, without limitation, all unpublished matters relating to the business, property, accounts, books, records, customers and contracts of the Company which such Stockholder or any such Affiliates may or hereafter come to know; provided, however, that, except as otherwise provided herein, such Stockholder may disclose any such information (a) to its Affiliates, representatives and agents, including accountants, legal counsel and other advisors who have a need to know such information in connection with such Stockholder’s investment in the Company (it being understood and agreed that (i) the Persons to whom such disclosure is made will be informed of the confidential nature of such information and instructed to keep such information confidential and (ii) such Stockholder shall be responsible for breach by any such Person of the provisions of this Section 18), (b) that otherwise is or has become generally available to the public (without breach of this Section 18), (c) as to which such Stockholder has obtained knowledge from sources other than the Company or the directors or the officers of the Company (provided, that such source is not known by such Stockholder to be bound by a confidentiality agreement with the Company), (d) with the consent of the Company, or (e) that it is required to disclose by law or subpoena or judicial process or as is required to enforce its rights hereunder, in which case, the disclosing Stockholder shall, if possible, provide the Company with prompt advance notice of such disclosure so that the Company shall have the opportunity if it so desires to seek a protective order or other appropriate remedy. Each Former Greater Media Stockholder agrees that such confidential information shall be used only in connection with the business of the Company, and such Stockholder’s investment therein, and not for any other purpose.

assistant: Confidentiality
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 Credit Party owns, is licensed to use or otherwise has the right to use, all Intellectual Property that is material to the condition (financial or other), business or operations of such Credit Party. All Intellectual Property existing as of the Closing Date which is issued, registered or pending with any United States or foreign Governmental Authority (including, without limitation, any and all applications for the registration of any Intellectual Property with any such United States or foreign Governmental Authority) and all licenses under which any Borrower is the licensee of any such registered Intellectual Property (or any such application for the registration of Intellectual Property) owned by another Person are set forth on Schedule 3.19 . Such Schedule 3.19 indicates in each case whether such registered Intellectual Property (or application therefor) is owned or licensed by such Credit Party, and in the case of any such licensed registered Intellectual Property (or application therefor), lists the name and address of the licensor and the name and date of the agreement pursuant to which such item of Intellectual Property is licensed and whether or not such license is an exclusive license and indicates whether there are any purported restrictions in such license on the ability to such Credit Party to grant a security interest in and/or to transfer any of its rights as a licensee under such license. Except as indicated on Schedule 3.19 , the applicable Credit Party is the sole and exclusive owner of the entire and unencumbered right, title and interest in and to each such registered Intellectual Property (or application therefor) purported to be owned by such Credit Party, free and clear of any Liens and/or licenses in favor of third parties or agreements or covenants not to sue such third parties for infringement. All registered Intellectual Property of each Credit Party is duly and properly registered, filed or issued in the appropriate office and jurisdictions for such registrations, filings or issuances, except where the failure to do so would not reasonably be expected to have a Material Adverse Effect. No Credit Party is party to, nor bound by, any material license or other agreement with respect to which any Credit Party is the licensee that prohibits or otherwise restricts such Credit Party from granting a security interest in such Borrower’s interest in such license or agreement or other property. To such Borrower’s knowledge, each Credit Party conducts its business without infringement or claim of infringement of any Intellectual Property rights of others and there is no infringement or claim of infringement by others of any Intellectual Property rights of any Credit Party, which infringement or claim of infringement could reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: trial, particularly in a case such as this involving claims for equitable relief. Plaintiff counters that “a litigant has a right to a jury trial where there exists a cause of action at common law, or one analogous thereto, for legal relief.” (Document No. 9-2 at 10). However, Plaintiff also states that to the extent his claims are “reduced to purely equitable actions, he submits his case to the sound discretion of the Court.” Id. As noted above, Plaintiffs Complaint does not allege any state common law claims and only makes claims for equitable relief under ERISA. Accordingly, I conclude that Plaintiff is not entitled to a trial by jury and recommend that the Court strike Plaintiffs jury trial demand. See Liston v. Unum Corp. Officer Severance Plan, 330 F.3d 19, 24 n. 4 (1st Cir.2003) (<HOLDING>); and Canis v. Coca-Cola Enter., Inc., 49 Options: A. holding that claims under the vrra are equitable and a plaintiff is not entitled to a jury trial B. holding that action to recover erisa benefits under the subject plan are legal in nature and that plaintiff is constitutionally entitled to trial by jury on any claim raised under 1132a1b C. holding that federal common law governs equitable remedies available under erisa D. holding that claims for equitable relief under 502a3 are only available when a plaintiff has no other relief under erisa E. holding in dicta that a jury trial is not available for claims under erisa

assistant: The best answer is E. holding in dicta that a jury trial is not available for claims under erisa
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 preferable mode of disposing of issues of fact in criminal cases above the grade of petty offenses. In such cases the value and appropriateness of jury trial have been established by long experience, and are not now to be denied. Not only must the right of the accused to a trial by a constitutional jury be jealously preserved, but the maintenance of the jury as a fact finding body in criminal cases is of such importance and has such a place in our traditions, that, before any waiver can become effective, the consent of government counsel and the sanction of the court must be had, in addition to the express and intelligent consent of the defendant. The Court reaffirmed Patton in Adams v. United States ex rel. McCann, 317 U.S. 269, 277-78, 63 S.Ct. 236, 240-41, 87 L.Ed. 268 (1942) (<HOLDING>). Congress then codified the terms upon which a Options: A. holding that juveniles may waive right to counsel only upon advice of counsel B. recognizing that defendant may waive miranda rights C. holding that a federal criminal defendant may waive jury trial without advice of counsel D. holding that under the sixth amendment a criminal defendant may waive his right to counsel if that waiver is knowing intelligent and voluntary E. recognizing the right to waive a jury trial

assistant: The best answer is C. holding that a federal criminal defendant may waive jury trial without advice of counsel
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: Comment notes, this rule is the codification of the supreme court’s adoption of Rule 606(b), Fed.R.Evid., in State v. Blackwell, 664 S.W.2d 686, 688 (Tenn.1984). If the defendant shows that the jury has been subjected to extraneous prejudicial information or improper influence, then we presume prejudice and the burden shifts to the state to rebut this presumption by either explaining the exposure or proving that it was harmless. Id. at 689. The information that the jurors provided the defendant cannot be offered in court unless it qualifies under one of the three exceptions in 606(b). In the present case, unless the information is extraneous, it is inadmissible under Tenn. R. Evid. 606(b). “Extraneous means ‘coming from without.’ ” State v. Coker, 746 S.W.2d 167, 171 (Tenn.1987) (<HOLDING>). The trial court in this case questioned Options: A. holding that the defendant bears the burden of proving outside contact with the jury B. holding that discussion among jurors of their agreement to the defendants guilt during trial and before deliberation was not such misconduct as can be shown by the affidavit of a juror C. holding that the defendant could not establish prejudice for trial counsels failure to hire an expert when the experts testimony would not have changed the nature of the states evidence D. holding that the jurors alleged discussion about the possibility that the defendant would hire someone to kill them was inadmissible because the defendant had not shown that the jury learned of the threat from an outside source E. holding that the jury instructions taken as a whole sufficiently informed the jury of the states burden of proving that the defendant specifically intended to kill the victim

assistant: The best answer is D. holding that the jurors alleged discussion about the possibility that the defendant would hire someone to kill them was inadmissible because the defendant had not shown that the jury learned of the threat from an outside source
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: Since January 1, 2015, the Company has filed all reports, schedules, forms, statements and other documents required to be filed by it with the SEC pursuant to the reporting requirements of the 1934 Act (all of the foregoing filed prior to the date hereof and all exhibits included therein and financial statements and schedules thereto and documents incorporated by reference therein being hereinafter referred to as the “ SEC Documents ”). As of their respective dates (except as they have been correctly amended), the SEC Documents complied in all material respects with the requirements of the 1934 Act and the rules and regulations of the SEC promulgated thereunder applicable to the SEC Documents, and none of the SEC Documents, at the time they were filed with the SEC (except as they may have been properly amended), contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. As of their respective dates (except as they have been properly amended), the financial statements of the Company included in the SEC Documents complied as to form in all material respects with applicable accounting requirements and the published rules and regulations of the SEC with respect thereto. Such financial statements have been prepared in accordance with generally accepted accounting principles, consistently applied, during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may exclude footnotes or may be condensed or summary statements) and fairly present in all material respects the financial position of the Company as of the dates thereof and the results of its operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments). Except routine correspondence, such as comment letters and notices of effectiveness in connection with previously filed registration statements or periodic reports publicly available on EDGAR, to the Company’s knowledge , the Company or any of its Subsidiaries are not presently the subject of any inquiry, investigation or action by the SEC.

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 case excerpt and choose the best holding from the options. Case excerpt: 348, 353, 15 P3d 29 (2000) (citing Springfield Education Assn. v. School Dist., 290 Or 217, 223, 621 P2d 547 (1980)). In this case, the disputed term is not exact, nor is it delegative in nature. It “embod[ies] a complete expression of legislative meaning” but is “open to various interpretations.” See Coast Security Mortgage Corp., 331 Or at 354. Therefore, it is an inexact term, and we review the agency’s interpretation of it as a matter of law, Springfield Education Assn., 290 Or at 227, in accordance with the interpretive principles of PGE v. Bureau of Labor and Industries, 317 Or 606, 610-12, 859 P2d 1143 (1993). Coast Security Mortgage Corp., 331 Or at 354; see also Broadway Deluxe Cab v. Natl. Council on Comp. Ins., 133 Or App 324, 329-30, 891 P2d 1326, rev den, 321 Or 246 (1995) (<HOLDING>). We begin with the statute’s text and context, Options: A. holding that no person can commence or maintain an action in a court of record as agent for another unless he is a regularly licensed attorney B. holding that maintain for purposes of ors 65602714 1993referring to a person who maintains equipmentis an inexact term C. holding state is person for purposes of judicial recusal statute D. holding that county of delaware was not a person for purposes of fca liability E. holding that the person who travels as an agent of person defrauded is a victim

assistant: The best answer is B. holding that maintain for purposes of ors 65602714 1993referring to a person who maintains equipmentis an inexact term