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: even where there was a trial subsequent to an alleged Miranda violation. Burrell v. Virginia, 395 F.3d 508 (4th Cir.2005). The court specifically noted, however, that the claimant had expressly excepted any trial action from his allegations. Id. at 513 n. 4. Therefore, neither of these precedents answer the question as to the claimant here. There clearly was a “criminal case” against Bellamy, so his allegations are beyond the holding of Chavez. Bellamy does allege that the inculpatory and arguably compelled statements were used against him at trial, thereby putting his case beyond the holding of Burrell. Thus, neither the Supreme Court nor the Fourth Circuit have answered this question. Courts elsewhere are split on the answer. See, e.g., Hannon v. Sanner, 441 F.3d 635 (8th Cir.2006) (<HOLDING>); McKinley v. City of Mansfield, 404 F.3d 418, Options: A. holding that chavez supports the view that a law enforcement officers violation of miranda cannot be grounds for a 1983 action B. holding that a city may not be held liable under 1983 where there was no underlying constitutional violation by any of its officers C. holding that in a 1983 action issue of probable cause is for the jury D. holding that 1983 does not provide a remedy if there is no violation of federal law E. holding that section 1983 actions based on violation of the fourth amendment may not rest on violation of state law

assistant: The best answer is A. holding that chavez supports the view that a law enforcement officers violation of miranda cannot be grounds for a 1983 action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: There is no default, breach, violation or event of acceleration existing under the Mortgage or the Mortgage Note and no event has occurred which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a default, breach, violation or event of acceleration, and neither Seller nor its predecessors have waived any default, breach, violation or event of acceleration; and neither Seller nor any of its Affiliates nor any of their respective predecessors, have waived any default, breach, violation or event which would permit acceleration; and with respect to each Co-op Loan, there is no default in complying with the terms of the Mortgage Note, the Assignment of Proprietary Lease and the Proprietary Lease and all maintenance charges and assessments (including assessments payable in the future installments, which previously became due and owing) have been paid, and Seller has the right under the terms of the Mortgage Note, Assignment of Proprietary Lease and Recognition Agreement to pay any maintenance charges or assessments owed by the Mortgagor.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Kadic v. Karadzic, 70 F.3d 232, 239 (2d Cir.1995), the Second Circuit held that, for certain categories of action, including genocide, the scope of the law of nations is not confined solely to state action but reaches conduct of private individuals. Other circuits have since elaborated upon this finding. See Sinaltrainal v. Coca-Cola Co., 578 F.3d 1252, 1266-67 (11th Cir.2009) (stating that “plaintiffs need not plead state action for claims of torture and murder perpetrated in the course of war crimes”); Abdullahi v. Pfizer, Inc., 562 F.3d 163, 188 (2d Cir.2009) (finding that a private individual will be held liable under the ATS if he “acted in concert with” the state, that is, “under color of law”) (citations omitted); Abagninin v. AMVAC Chem. Corp., 545 F.3d 733, 741 (9th Cir.2008) (<HOLDING>); Doe v. Unocal Corp., 963 F.Supp. 880, 891-892 Options: A. holding that because it fell within the exclusive jurisdiction of the united states court of international trade the united states court of federal claims lacked jurisdiction over a matter that was protested or protestable B. holding that the district court correctly found that defendants were not states or statelike organizations for purposes of international law or crimes against humanity under ats C. holding that the elements of a claim under 3729a2 are 1 that the defendant made used or caused to be made or used a record or statement to get a claim against the united states paid or approved 2 the record or statement and the claim were false or fraudulent and 3 the defendant knew that the record or statement and the claim were false or fraudulent emphasis added D. holding that the ats does not waive the united states sovereign immunity E. holding that district court correctly concluded that it could not order the government to grant use immunity

assistant: The best answer is B. holding that the district court correctly found that defendants were not states or statelike organizations for purposes of international law or crimes against humanity under ats
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to dismiss for lack of subject matter jurisdiction may challenge a plaintiffs complaint either on its face or on the factual truthfulness of its averments. Osborn v. United States, 918 F.2d 724, 729 n. 6 (8th Cir.1990) (citations omitted). When a defendant brings a facial challenge—a challenge that, even if truthful, the facts alleged in a claim are insufficient to establish jurisdiction—a court reviews the pleadings alone, and the non-moving party receives the same protections as it would defending against a motion brought pursuant to Rule 12(b)(6). Id. (citation omitted). In a factual challenge to jurisdiction, the court may consider matters outside the pleadings, and the non-moving party does not benefit from the safeguards of Rule 12(b)(6). Id. at 728-30 n. 4 (citations omitted) (<HOLDING>). B. Fed. R. Civ. P. 12(b)(6) In deciding a Options: A. holding that a court may consider materials outside the pleadings to determine its jurisdiction B. holding that a rule 12b6 motion is only converted to a motion for summary judgment when a court accepts and considers matters outside of the pleadings C. holding that by considering matters outside of the pleadings the trial court converted a rule 12b6 motion to dismiss into a summary judgment motion D. holding that on a rule 12b1 motion challenging subjectmatter jurisdiction the court has authority to consider matters outside the pleadings E. holding that in ruling on a rule 12b1 motion the court may consider exhibits outside the pleadings to resolve factual disputes regarding jurisdiction

assistant: The best answer is D. holding that on a rule 12b1 motion challenging subjectmatter jurisdiction the court has authority to consider matters outside the pleadings
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 waiver by the Tribe of, or the failure of the Tribe to take action with respect to, any breach of any term, covenant, condition, provision, restriction, or reservation herein contained shall not be deemed to be a waiver of such term, covenant, condition, provision, restriction, or reservation or subsequent breach of same, or of any other term, covenant, condition, provision, restriction, or reservation herein contained. The Tribe may grant a waiver of any term of this Lease, but such must be in writing and signed by the Tribe before being effective.

assistant: 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: whose benefit and guidance TAIC “intended” to supply information. Moreover, it cannot be said that the issuance of an errors and omissions policy to WAG was intended to influence FLA’s decision about whether to begin a business relationship with WAG. Although FLA may have assumed that, by virtue of TAIC’s issuance of the policy, WAG was licensed to market health insurance in Florida, the plain language of the policy never makes such a representation. Thus, as TAIC correctly asserts, while FLA had a right to make a claim (Fla. 2d DCA 1987) (finding that expert’s affidavit regarding defendant’s duty was conclusion of law which did not create issue of fact precluding summary judgment). See also Fla. Dep’t of Fin. Servs. v. Assoc. Indus. Ins. Co., 868 So.2d 600, 602 (Fla. 1st DCA 2004) (<HOLDING>); Hurricane Boats, Inc. v. Certified Indus. Options: A. holding that appellate deadlines are not extended by request for findings of fact and conclusions of law following summary judgment because they have no place in a summary judgment proceeding B. holding that affidavit in support of summary judgment may not be based upon factual conclusion or conclusions of law C. recognizing that appellate court may reverse trial courts judgment when it is based on an erroneous conclusion of law D. holding that summary judgment may be reversed when it is based on an error of law E. holding that a court may not consider hearsay contained in an affidavit when ruling on a summary judgment motion

assistant: The best answer is B. holding that affidavit in support of summary judgment may not be based upon factual conclusion or conclusions of law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 355 U.S. 20 78 S.Ct. 1 2 L.Ed.2d 3 Pasquale PALERMO, Petitioner,v.LUCKENBACH STEAMSHIP COMPANY, Inc. No. 350. Decided Oct. 21, 1957. Rehearing Denied Nov. 25, 1957. See 355 U.S. 886, 78 S.Ct. 147. Order Amended Jan. 6, 1958. See 355 U.S. 910, 78 S.Ct. 337. Mr. Philip F. Di Costanzo, Brooklyn, N.Y. (Mr. Robert Klonsky on the brief), for petitioner. Messrs. Eugene Underwood, William M. Kimball, New York City, for respondent. PER CURIAM. 1 The petition for certiorari is granted, and the judgment of the Court of Appeals is reversed and the case is remanded.* We hold that the trial court did not commit reversible error in refusing to charge respondent's request No. 12. The petitioner's alleged choice of a more dangerous route did not, under the proofs, operate to bar recovery as a matter of law. The jury was properly instructed that the petitioner's negligence, if any, was to be considered in mitigation of damages under the rule applicable in actions for personal injuries arising from maritime torts. Pope & Talbot, Inc., v. Hawn, 346 U.S. 406, 408—409, 74 S.Ct. 202, 204—205, 98 L.Ed. 143; cf. Socony-Vacuum Oil Co. v Smith, 305 U.S. 424, 59 S.Ct. 262, 83 L.Ed. 265. For reasons set forth in his opinion in Rogers v. Missouri Pacific R. Co., 352 U.S. 500, 524, 77 S.Ct. 443, 459, 1 L.Ed.2d 493, Mr. Justice FRANKFURTER is of the view that the writ of certiorari is improvidently granted. 2 Memorandum of Mr. Justice HARLAN, with whom Mr. Justice BURTON and Mr. Justice WHITTAKER join. For reasons elaborated by Mr. Justice Frankfurter at the last Term, 352 U.S. 521, 524, 77 S.Ct. 457, I think that certiorari should have been denied. However, I continue in the view, expressed at the last Term, 35 U.S. 559, 77 S.Ct. 478, that once certiorari has been granted in such cases, we disbelievers, consistent with the Court's certiorari procedure, should consider them on the merits. Further, much as I disagree, 352 U.S. 559, 562—564, 77 S.Ct. 478—481, with the reasoning and philosophy of the Rogers case, which strips the historic role of the judge in a jury trial of all meaningful significance, I feel presently bound to bow to it. Applying Rogers to the present cases, I am forced to concur in judgments of reversal in Nos. 142 and 350. * Order amended Jan. 6, 1958, 78 S.Ct. 337, case remanded to Court of Appeals.

assistant: 8
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: Tex. Water Comm’n, 790 S.W.2d 299, 301 (Tex.1990) (“A statute is presumed to have been enacted by the legislature with complete knowledge of the existing law and with reference to it.”). Had the legislature not intended to limit the term “grandparent” to individuals related within the third degree by consanguinity, it would not have needed to include the word, “another.” Instead, the legislature could have phrased the section to read, “a grandparent or relative of the child related within the third degree by consanguinity.” See Tex. Workers’ Comp. Ins. Fund, 35 S.W.3d at 593. Because there is no evidence that the Harveys were related to CAIH within three degrees of consanguinity, they lack standing under section 102.004(a). See Tex. Fam.Code Ann. § 102.004(a); Derzapf 219 S.W.3d at 328 (<HOLDING>); A.M.S, 277 S.W.3d at 98-99 (holding that Options: A. holding that stepgrandfather who was neither a biological nor an adoptive grandparent lacked standing to seek access to stepgrandchildren B. holding that a party that was neither a purchaser nor a seller of the securities involved lacked standing to seek injunctive relief under the federal counterpart to 8617 C. holding that biological grandparents were statutory strangers to children following their adoption by stepfather statute authorizing grandparent visitation violated parents constitutional right to privacy D. holding that the prison physician lacked standing to raise the prisoners rights of access to the courts E. holding that plaintiffs lacked standing to sue

assistant: The best answer is A. holding that stepgrandfather who was neither a biological nor an adoptive grandparent lacked standing to seek access to stepgrandchildren
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without reference to principles of conflicts of laws. The captions of this Agreement are not part of the provisions hereof and shall have no force or effect. This Agreement may not be amended or modified other than by a written agreement executed by the parties hereto or their respective successors and legal representatives.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party to this Agreement waives its rights to a jury trial of any claim or cause of action based upon or arising under this Agreement or any of the other Security Documents or any dealings between them relating to the subject matter of this Agreement or the intents and purposes of the other Security Documents. The scope of this waiver is intended to be all-encompassing of any and all disputes that may be filed in any court and that relate to the subject matter of this Agreement and the other Security Documents, including contract claims, tort claims, breach of duty claims and all other common law and statutory claims. Each party to this Agreement acknowledges that this waiver is a material inducement to enter into a business relationship, that each party hereto has already relied on this waiver in entering into this Agreement, and that each party hereto will continue to rely on this waiver in its related future dealings. Each party hereto further warrants and represents that it has reviewed this waiver with its legal counsel and that it knowingly and voluntarily waives its jury trial rights following consultation with legal counsel. This waiver is irrevocable, meaning that it may not be modified either orally or in writing (other than by a mutual written waiver specifically referring to this Section 7.17 and executed by each of the parties hereto), and this waiver will apply to any subsequent amendments, renewals, supplements or modifications of or to this Agreement or any of the other Security Documents or to any other documents or agreements relating thereto. In the event of litigation, this Agreement may be filed as a written consent to a trial by the court.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As compensation for the performance of its obligations under the 2017-1 Servicing Agreement, on each Payment Date the Servicer shall be entitled to receive a fee for its performance during the immediately preceding Collection Period or, with respect to the first Payment Date, the period from and excluding the Cutoff Date to and including March 31, 2017 (the “ Designated Pool Servicing Fee ”) in accordance with Article V of the 2017-1 Exchange Note Supplement in an amount equal the sum of (x) to the product of (i) one-twelfth (1/12 th ) (or, with respect to the first Payment Date, a fraction equal to the number of days from and excluding the Cutoff Date through and including March 31, 2017, over 360), times (ii) the Servicing Fee Rate, times (iii) the Aggregate Securitization Value as of the opening of business on the first day of such Collection Period, plus (y) any Administrative Charges collected on the 2017-1 Lease Agreements and 2017-1 Leased Vehicles and any other expenses reimbursable to the Servicer.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company represents and warrants to the Engaged Group that: (a) the Company has the corporate power and authority to execute this Agreement and to bind it thereto; (b) this Agreement has been duly and validly authorized, executed and delivered by the Company, constitutes a valid and binding obligation and agreement of the Company and is enforceable against the Company in accordance with its terms, except as enforcement thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or similar laws generally affecting the rights of creditors and subject to general equity principles; and (c) the execution, delivery and performance of this Agreement by the Company does not and will not (i) violate or conflict with any law, rule, regulation, order, judgment or decree applicable to the Company; (ii) result in any breach or violation of or constitute a default (or an event that with notice or lapse of time or both could constitute such a breach, violation or default) under or pursuant to, or result in the loss of a material benefit under, or give any right of termination, amendment, acceleration or cancellation of, any organizational document, agreement, contract, commitment, understanding or arrangement to which the Company is a party or by which it is bound; or (iii) result in or constitute a change in control for purposes of any of the Company’s existing severance, compensation or change in control agreements and arrangements.

assistant: Representations
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: PER CURIAM. Grant Leon Turner appeals his convictions and sentence for possession of a firearm by a convicted felon and retaliating against a witness, victim or informant. On appeal, he argues that (1) the district court erred in publishing to the jury a transcript of a recording admitted into evidence and (2) the district court violated Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), by sentencing him as an armed career criminal under 18 U.S.C. § 924(e) (1994) even though the issue of his prior convictions was not submitted to the jury. We ons that qualify the defendant for an armed career criminal sentence need not be charged in the indictment and proved beyond a reasonable doubt. United States v. Sterling, 283 F.3d 216, 220 (4th Cir.2002) (<HOLDING>). We decline Turner’s invitation to reconsider Options: A. holding that where a sentence was enhanced under 18 usc 924e for prior convictions absent statutory language authorizing collateral attacks defendant could not challenge prior conviction except for gideon error B. holding that apprendi did not affect enhanced sentence under 924e C. holding that use under 924e requires active employment D. holding that the fact of prior convictions under 924e need not be charged in an indictment and proven to a jury and also that the government need not charge in an indictment and prove to a jury that a defendants prior conviction constitutes a violent felony under 924e E. holding apprendi is not retroactive

assistant: The best answer is B. holding that apprendi did not affect enhanced sentence under 924e
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 case of the Borrower, in the event that any Person becomes a Subsidiary of the Borrower (other than an Excluded Foreign Subsidiary) after the date hereof, (a) promptly cause such Subsidiary to become a Guarantor hereunder and a Grantor under the Pledge and Security Agreement by executing and delivering to the Administrative Agent and the Collateral Agent a Counterpart Agreement, and (b) take all such actions and execute and deliver, or cause to be executed and delivered, all such documents, instruments, agreements, and certificates as are similar to those described in Sections 3.01(b) , 3.01(f) , and 3.01(i) .

assistant: Subsidiaries
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 Participant shall pay to the Company promptly upon request, and in any event at the time the Participant recognizes taxable income with respect to the Restricted Shares (or, if the Participant makes an election under Section 83(b) of the Code in connection with such grant), an amount equal to the taxes the Company determines it is required to withhold under applicable tax laws with respect to the Restricted Shares. In lieu of paying such amount to the Company, the Participant may satisfy the foregoing requirement by, on or before the date such amount is due, either (i) electing to have the Company withhold from delivery of Shares or other property, as applicable, or (ii) with the approval of the Administrator, in its sole discretion, delivering already owned unrestricted shares of Common Stock, in each case having a value equal to the minimum amount of tax required to be withheld. Such shares shall be valued at their Fair Market Value on the date as of which the amount of tax to be withheld is determined. Fractional share amounts shall be settled in cash. The Participant shall promptly notify the Company of any election made pursuant to Section 83(b) of the Code. A form of such election is attached hereto as Exhibit C .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Administrative Agent shall have received the consolidated financial statements of the Company and its Subsidiaries for the fiscal year ended December 30, 2012, including balance sheet and income and cash flow statements, in each case, audited by independent public accountants of recognized national standing and prepared in conformity with GAAP.

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: Comply with the requirements of all Laws except to the extent that failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect, and (b) in the case of any Loan Party incorporated in Luxembourg, comply with the legal requirements of the Luxembourg law of 31 May 1999, as amended, regarding the domiciliation of companies.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Lease contains all of the representations, understandings and agreements of the parties with respect to the demise of the Premises, except for those provisions of the Agreement to Lease which expressly survive by their terms.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall use proceeds of the Loan to (i) make initial deposits of the Reserve Funds, (ii) make distributions to Equity Owner, (iii) pay costs and expenses incurred in connection with the closing of the Loan and the related Securitization, and (iv) to the extent any proceeds remain after satisfying clauses (i) through (iii) above, for such lawful purpose as Borrower shall designate.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term (as defined below), Executive shall serve the Company as President of the Corporate Operational Development division, or in such other capacity as the Board or the Chief Executive Officer of the Company shall determine. Executive shall comply with the policies of the Company as may be in effect from time to time for executive officers, including, without limitation, the Company’s policies regarding confidentiality, ownership of intellectual property, drug testing, discrimination and harassment, and ethical conduct. Executive shall have such duties, authorities and responsibilities as the Board or the Chief Executive Officer of the Company shall designate that are consistent with Executive’s position.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Tax Returns and Payments . Each of the Borrower and its Subsidiaries has timely (after taking into account all available extensions) filed all federal, state, local and other material tax returns required by Applicable Law, and has paid all federal, state, local and other material Taxes therein shown to be due and payable, except those which are being contested in good faith by appropriate proceedings diligently conducted and for which adequate reserves have been provided in accordance with GAAP. To the knowledge of the Responsible Officers of the Borrower and its Subsidiaries, there is (i) no ongoing audit, examination or other investigation by any Governmental Authority of the tax liability of the Borrower and its Subsidiaries which could reasonably be expected to have a Material Adverse Effect, and (ii) no proposed tax assessment against the Borrower or any Subsidiary that would, if made, have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Robins, — U.S. -, 136 S.Ct. 1540, 1547, 194 L.Ed.2d 635 (2016) (quoting Steel Co. v. Citizens for Better Env’t, 523 U.S. 83, 103, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998)). But an interest is not “legally protected” or cognizable for the purpose of establishing standing when its asserted legal source—whether constitutional, statutory, common law or otherwise—does not apply or does not exist. The D.C, Circuit has explained “if the plaintiffs claim has no foundation in law, he has no legally protected interest and thus no standing to sue.” Claybrook v. Slater, 111 F.3d 904, 907 (D.C. Cir. 1997); see also McConnell v. FEC, 540 U.S. 93, 124 S.Ct. 619, 157 L.Ed.2d 491 (2003), overruled in part on other grounds, Citizens United v. FEC, 558 U.S. 310, 130 S.Ct. 876, 175 L.Ed.2d 753 (2010) (<HOLDING>); Arjay Assocs., Inc. v. Bush, 891 F.2d 894, Options: A. holding that plaintiffs lacked standing because the case was not ripe for adjudication B. holding that a contractor lacked standing on the theory of reputational injury C. holding that a group of litigants lacked standing because their interest was premised on a mistaken interpretation of legal precedent that did not apply the groups claim of injury was therefore not to a legally cognizable right D. holding that a condition was precedent to performance because the contract language did not explicitly state that it was precedent to formation E. holding plaintiffs do not have standing to assert their claim that having paid lawfully collected taxes into the federal treasury at some point they have a continuing legally cognizable interest in ensuring that those funds are not used by the government in a way that violates the constitution

assistant: The best answer is C. holding that a group of litigants lacked standing because their interest was premised on a mistaken interpretation of legal precedent that did not apply the groups claim of injury was therefore not to a legally cognizable right
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 and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall be deemed given and effective on the earliest of (a) the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number set forth on the signature pages attached hereto prior to 5:30 p.m. (New York City time) on a Trading Day evidenced by a transmission confirmation, (b) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number set forth on the signature pages attached hereto on a day that is not a Trading Day or later than 5:30 p.m. (New York City time) on any Trading Day evidenced by a transmission confirmation, (c) the 2nd Trading Day following the date of mailing, if sent by U.S. nationally recognized overnight courier service, or (d) upon actual receipt by the party to whom such notice is required to be given. The address for such notices and communications shall be as set forth on the signature pages attached hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and discharge all claims included in the Action and any and all claims that Plaintiffs now have or could hereafter assert against any of the Released Parties of any nature whatsoever. Aplee. SuppApp. at 3. The plain language precludes the First Amendment retaliatory-prosecution claims at issue here, as Ser geant Anderson is an employee covered by the release, and the release precludes Action-related claims as well as “any and all claims under any other federal, state or local statute, ordinance, or law.” Id. In addition, Mr. Mata has offered no evidence tending to show any ambiguity in this language. In particular, he has offered no evidence showing that he did not intend for the release to be as broad as it is. See Mark V, Inc. v. Mellekas, 114 N.M. 778, 845 P.2d 1282 (1993) (<HOLDING>). Indeed, Mr. Mata asserted in a deposition Options: A. holding that extrinsic evidence is permissible to interpret an ambiguous contract B. holding that court may not use extrinsic evidence unless contract language is ambiguous C. holding that a court may consider extrinsic evidence to determine whether a contract is ambiguous D. holding that extrinsic evidence of the parties course of conduct may be considered where the contract language is ambiguous E. holding that courts may consider extrinsic evidence including the circumstances surrounding the making of the contract in order to determine whether a contractual ambiguity exists

assistant: The best answer is C. holding that a court may consider extrinsic evidence to determine whether a contract is ambiguous
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 constitutes the legal, valid, and binding obligation of Mr. Frija, enforceable against Mr. Frija in accordance with its terms except (i) as limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws of general application affecting enforcement of creditors’ rights generally and (ii) the availability of the remedy of specific performance or injunctive or other forms of equitable relief may be subject to equitable defenses and would be subject to the discretion of the court before which any proceeding therefor may be brought. Upon the execution and delivery by Mr. Frija of this Agreement and the closing document as required by Section 4(C), this Agreement and such closing documents will constitute the legal, valid, and binding obligations of Mr. Frija, as applicable, enforceable against him in accordance with their respective terms.

assistant: Enforceability
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 actions (including, without limitation, derivative actions), suits, proceedings or investigations are pending or, to the knowledge of any Loan Party, threatened against such Loan Party or its Subsidiaries at law or in equity in any court or before any other Governmental Authority which if adversely determined (i) could reasonably be expected (alone or in the aggregate) to have a Material Adverse Effect or (ii) seeks to enjoin, either directly or indirectly, the execution, delivery or performance by any Loan Party of the Transaction Documents or the transactions contemplated thereby. Except as set forth in the Perfection Certificate, no Loan Party has any commercial tort claims.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Employee shall receive from the Company a base salary of one hundred eighty thousand dollars ($180,000.00) per year, payable in equal monthly installments. From each said salary payment the Company will withhold and pay to the proper governmental authorities any and all amounts required by law to be withheld for federal income tax, state income tax, federal Social Security tax, state disability insurance premiums, and any and all other amounts required by law to be withheld from the Employee’s salary.

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: Any action arising out of, or relating to, any breach of the Restrictive Covenants shall be brought and prosecuted only in the United States District Court for the Eastern District of Pennsylvania, or if such court does not have jurisdiction or will not accept jurisdiction, in any court of general jurisdiction in Philadelphia, Pennsylvania, and the jurisdiction of such court in any such proceeding shall be exclusive. Employee also irrevocably and unconditionally consents to the service of any process, pleadings, notices or other papers.

assistant: Jurisdictions
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: Purchaser shall pay (i) up to an amount equal to $1,600,000.00, minus all amounts reimbursed pursuant to Section 8(j) of the Voting Agreement, for reasonable out-of-pocket costs and expenses incurred by the Stockholders, including the reasonable fees, charges and disbursements of counsel for the Stockholders in connection with the preparation, negotiation, execution and delivery of this Agreement and (ii) any required filing fee in connection with the filings described in Section 4.2(a)(i) . Except as otherwise provided herein, all costs, fees and expenses incurred in connection with this Agreement and the transactions contemplated hereby, whether or not consummated, shall be paid by the party incurring such cost or expense.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: without limiting the preceding sentence , you will also have the right to litigate any other dispute if you provide niantic with written notice of your desire to do so by email or regular mail at termsofservice@nianticlabs.com or 2 bryant st. , ste. 220 , san francisco , ca 94105 within thirty ( 30 ) days following the date you first accept these terms ( such notice , an `` arbitration opt-out notice '' ) .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: CSI loan. A bank can exercise its common-law right of setoff when: (1) there is mutuality of obligation between the bank and its customer; (2) the funds against which a setoff is exercised belong to the customer; (3) the money to be set off has been deposited into a general — as opposed to a special, reserve, or trust— account; and (4) the debt owed by the customer to the bank is mature. E.g., Firstar Eagan Bank, N.A. v. Marquette Bank Minneapolis, N.A., 466 N.W.2d 8, 12 (Minn.Ct.App.1991). Here, there was mutuality of obligation because the bank owed Brier the money attributable to the CD and Brier had guaranteed the CSI loan personally — a loan that was in default when the bank set off the CD against the balance due on the loan. See In re Foutz, 271 F.Supp. 847, 849-50 (W.D.Va.1967) (<HOLDING>). In addition, Brier indisputably owned the CD, Options: A. holding that bank had right to set off funds in a customers account against debt that the bank customer had incurred as a surety or guarantor B. holding a bank officer who informed a third party that it would be safe to extend 8000 credit to bank customer although customer did not have an open account at the bank could be held liable for the material misrepresentation C. holding that a bank customer did not have a reasonable expectation of privacy in records maintained by the bank D. holding that debt from debtor to bank in the form of chargebacks to the debtors account for credit card transaction rescissions was prepetition debt even though customers rescinded transactions postpetition and the bank therefore chargedback postpetition because a customers right to rescind and thereby the banks right to chargeback accrued at the time the customer made a purchase even though such customer exercised his right to rescind postpetition E. recognizing that a bank customer may have a tort claim against a bank for the wrongful dishonor of a check

assistant: The best answer is A. holding that bank had right to set off funds in a customers account against debt that the bank customer had incurred as a surety or guarantor
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: within the F.M. 407 right-of-way, required the property owner’s consent, and that without that consent, the annexation is void. A general law municipality with a population of 1,000 or less cannot unilaterally annex land; it must either obtain the consent of the property owner, if the land is occupied by less than three qualified voters, or the consent of a majority of qualified voters inhabiting an occupied annexed area. TexLoc.Gov’t Code Ann. §§ 43.024, 43.025, 43.028 (Vernon 1988) (formally Tex.Rev.Civ.Stat.Ann. art. 974 & 974g); Tex.Loc.Gov’t Code Ann. § 43.033 (Vernon Supp.1994) (permitting general law municipalities having population of over 1,000 to unilaterally annex land provided certain conditions are met); Sitton v. City of Lindale, 455 S.W.2d 939, 940 n. 2, 941 (Tex.1970) (<HOLDING>); City of Kyle v. Price, 547 S.W.2d 376, 377-78 Options: A. holding that municipal ordinance was preempted by frsa and void under supremacy clause B. holding annexation ordinance void C. holding annexation ordinance only voidable due to procedural irregularities D. holding annexation ordinance void where municipality attempted to annex unoccupied territory without owner consent E. holding that citys proceedings to annex an entire tract were void ab initio for lack of jurisdiction because it included annexation of unplatted tracts in violation of statute

assistant: The best answer is D. holding annexation ordinance void where municipality attempted to annex unoccupied territory without owner consent
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 Term of this Agreement and Contractor’s engagement shall commence on the Effective Date of the Agreement and shall continue for approximately six (6) months, and thereafter on a month-to-month basis, unless terminated at any time by either party in accordance with Section 4 of the Agreement or otherwise extended.

assistant: Terms
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 Assignor hereby represents and warrants to the Assignee that (a) as of the Assignment Date (i) the Assignor is a Lender under the Term Loan Agreement having Loans under the Term Loan Agreement immediately prior to the Assignment Date, equal to $____________ and that the Assignor is not in default of its obligations under the Term Loan Agreement; and (ii) the outstanding balance of Loans owing to the Assignor (without reduction by any assignments thereof which have not yet become effective) is $____________, and (b) it is the legal and beneficial owner of the Assigned Loan which is free and clear of any adverse claim created by the Assignor.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to a substance containing D-methamphetamine; (2) “methamphetamine (actual),” which is pure or uncut D-methamphetamine; (3) "ice,” which is a substance containing D-methamphetamine of at least 80% purity; and (4) "L-methamphetamine.” U.S.S.G. § 2D1.1, comment. (n.10) (Drug Equivalency Tables) (Nov. 1, 1992). Under those and the current guidelines, methamphetamine (actual) and ice are treated much more harshly than D-meth d.2d 203 (1997); United States v. Apfel, 97 F.3d 1074, 1077 (8th Cir.1996) (finding that petitioner “ha[d] not met his heavy burden of showing a reasonable probability that his sentence would have been different if his counsel had required the government to prove that the offense involved d-methamphetamine’'); United States v. Acklen, 97 F.3d 750, 751 (5th Cir.1996) (<HOLDING>), cert. denied, - U.S. -, 117 S.Ct. 1017, 136 Options: A. holding that defense counsels failure to object to testimony did not warrant a new trial because there was no prejudice from admission of the testimony B. holding that defendant failed to establish prejudice from counsels failure to argue at sentencing that drug involved was lmethamphetamine and not dmethamphetamine C. holding that the trial courts failure to have each bench conference and ruling properly transcribed was not reversible error when the defendant failed to show that he was prevented from presenting any relevant evidence and failed to establish that any prejudice resulted from the absence in the record D. 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 E. holding that there was no ineffective assistance due to appellate counsels failure to challenge the trial courts denial of the motion to change venue because the defendant failed to show actual prejudice

assistant: The best answer is B. holding that defendant failed to establish prejudice from counsels failure to argue at sentencing that drug involved was lmethamphetamine and not dmethamphetamine
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: the identity of the relevant travel provider and the terms and conditions applicable to your booking with them ( `` travel provider terms '' ) will be notified to you at the time of booking and you should ensure that you read and fully understand them before completing your booking .

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 Holders hereby waive their rights pursuant to Sections 6.1(n) and 9.6 of each Purchase Agreement in respect of the inclusion of a liquidated damages provision in Section 2(d) of the registration rights agreement contemplated to be executed in connection with the Additional Private Placement (as defined in each Purchase Agreement).

assistant: Waivers