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: (“service effected on a registered agent within the scope of its agency is imputed to the litigant”). On that date, CT Corp. had the duty to receive or accept and forward the process or lawsuit to WCT. See Tex. Bus. Orgs.Code Aun. § 5.206(a)(1) (West 2012). WCT argues that CT Corp. had no obligation to forward the process to WCT because CT Corp. was the registered agent for a second entity that used the same common name. The dilemma faced by CT Corp. does not, however, alter the applicable law. By contracting to act as the registered agent of WCT, CT Corp. became WCT’s agent on whom Arnold was entitled to serve the lawsuit she filed against WCT in its assumed name. See Cummings v. HCA Health Servs, of Tex., Inc., 799 S.W.2d 403, 405 (Tex.App.-Houston [14th Dist.] 1990, no writ) (<HOLDING>); see also Chilkewitz, 22 S.W.3d at 830 Options: A. holding that service is not avoided by service on a partys attorney as service on an attorney is ineffective unless he has been authorized to accept such service B. holding service on hospital corporation of america dba tidelands general hospital was service on the assumed name and constituted service on hca health services inc dba tidelands general hospital because ct corporation system was the registered agent for both C. holding that claim against hospital regarding patients fall caused by defective footboard on hospital bed constituted health care liability claim D. holding that because the contract between the hospital and the health insurance company had a hold harmless provision which stated the hospital would not bill or hold insurance subscribers liable for any hospital expenses covered by the subscribers insurance contract and all expenses from the patients treatment for the automobile accident were covered in such contract there was no debt upon which the hospital could assert a lien pursuant to the states hospital lien statute E. holding service on registered agent jack h brown was service on jack h brown company dba signgraphics even though jack h brown was also the registered agent for signgraphics inc

assistant: The best answer is B. holding service on hospital corporation of america dba tidelands general hospital was service on the assumed name and constituted service on hca health services inc dba tidelands general hospital because ct corporation system was the registered agent for both
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 shall pay Employee an annual base salary (“ Base Salary ”) of $209,000, payable in accordance with the general payroll practices of the Company. The Board may, in its sole discretion, increase or decrease Employee’s Base Salary if there is a salary reduction affecting substantially all similarly situated officers of the dredging division.

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: No later than five (5) Business Days after the date hereof, Seller shall cause the Company to send a notice in writing (which shall be reasonably satisfactory in form and substance to Buyer) to each Company Fund and take such other actions to comply with, or as may be reasonably necessary under, applicable Law, Organizational Documents of the Company Funds and under the Company Contracts in respect of the proposed purchase of the Purchased Interests hereunder and to request that any Persons whose Consent is necessary to consent in writing to the purchase and sale of the Purchased Interests and to effect the intent and purpose of this Agreement. Seller shall, and shall cause the Company to, use their respective commercially reasonable efforts to take, or cause to be taken, all actions and to do, or cause to be done, all things necessary, proper or advisable under applicable Law to obtain such Consents hereunder.

assistant: Consents
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 Holder will cooperate with the Company, as reasonably requested by the Company, in connection with the preparation and filing of any Registration Statement hereunder, unless such Holder has notified the Company in writing of such Holder’s irrevocable election to exclude all of such Holder’s Registrable Securities from such Registration Statement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: f. prohibited commercial uses shall not include ( i ) uploading an original video to youtube , ( ii ) maintaining an original channel on the website in order to promote a business or artistic enterprise , ( iii ) showing youtube videos through the youtube player or otherwise on an ad-enabled blog or website , subject to those advertising restrictions set out in 5.1 ( e ) ( iii ) above ; and ( iv ) any use that is expressly authorised by youtube in writing ;

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: (a) The Borrower agrees to pay to the Administrative Agent for the account of each Revolving Lender a commitment fee for the period from and including the Closing Date to the last day of the Revolving Commitment Period, computed at the Commitment Fee Rate on the average daily amount of the Available Commitment of such Lender during the period for which payment is made, payable quarterly in arrears on each Fee Payment Date, commencing on the first such date to occur after the Closing Date.

assistant: Fees
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 given to the fact he did so, or that his parents and lawyers approved. 4 . At one point in his testimony, Hodges proudly proclaimed that during 1999 he had closed over 100 transactions for Defendant earning his employer over $600,000 in gross profit. 5 . Several of the lawyers who serve as officers for Defendant apparently graduated together from Rutgers Law School in New Jersey. 6 . Of course, if Wiggins was incapable of contracting with Defendant, which was likely the ultimate issue in any litigation, his agreement to litigate in New Jersey was also unenforceable. 7 . Defendant argued that Plaintiff should not be able to assert claims under the ICPA or for breach of fiduciary duty because those claims were not adequately pled in Plaintiff's complaint. See Supp.2d 319 (D.Vt.1999) (<HOLDING>); contra Rumbin v. Utica Mut. Ins. Co., 254 Options: A. holding antiassignment clause in structured settlement is enforceable B. holding hellorhighwater clause enforceable in the absence of fraud or deceit C. holding that a court may only enforce a settlement agreement if it constitutes an enforceable contract D. holding that a forum selection clause was not enforceable against defendants that were not parties to the contract E. holding antiassignment provision precludes assignment of structured settlement payments

assistant: The best answer is A. holding antiassignment clause in structured settlement is enforceable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If before or after the Closing it is necessary that any Party be furnished with additional information relating to the Purchased Assets or the Business, and such information is in the possession of any other Party, such Party agrees to use commercially reasonable efforts to furnish such information to the requesting Party, at the requesting Party’s cost and expense, and to make its employees available on a mutually convenient basis to provide additional information and explanation of such materials. Any such disclosure shall be subject to the confidentiality or other applicable terms of any agreement to which the disclosing Party is bound as well as any Applicable Laws.

assistant: Records
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: this license is for the sole purpose of letting you use and enjoy the services ' benefits in a way that these terms and our usage policies , such as our community guidelines , allow .

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: (a) For purposes of this Agreement, all notices and other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given when delivered or five days after deposit in the United States mail, certified and return receipt requested, postage prepaid, addressed (i) if to the Executive, to the home address of the Executive on the most current Company records and if to the Company, to CDW Corporation, 200 North Milwaukee Avenue, Vernon Hills, IL 60061. attention General Counsel, or (ii) to such other address as either party may have furnished to the other in writing in accordance herewith, except that notices of change of address shall be effective only upon receipt.

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: reliance thereupon. Further, the district court properly took Cash’s admission at face value and relied upon it to determine that Cash, in fact, received at least six packages of methamphetamine. No further proof is needed to establish beyond a preponderance of the evidence, for sentencing purposes, that Cash received six packages of methamphetamine. Cash never recanted or qualified this statement, and the court reasonably held Cash accountable for his admission. Finally, Cash maintains that even if the court properly considered his admission that he received six packages, the packages of methamphetamine were for his own personal use and therefore cannot be aggregated for purposes of determining his relevant conduct. See, e.g., United States v. Wyss, 147 F.3d 631, 632-33 (7th Cir.1998) (<HOLDING>); United States v. Kipp, 10 F.3d 1463, 1465-66 Options: A. holding that simple possession is not a lesserincluded offense of distribution of a controlled substance B. holding drugs purchased for personal use should not be included as relevant conduct when conviction is for distribution of controlled substance C. holding that mens rea required for possession of a controlled substance is knowledge that defendant possessed a controlled substance D. holding that employees conviction for possession of a controlled substance constituted gross misconduct E. holding that quantity of the controlled substance does not have to be measurable to support a conviction for possession of such controlled substance particularly when the immeasurable amount of the substance is found on an implement used to consume the substance

assistant: The best answer is B. holding drugs purchased for personal use should not be included as relevant conduct when conviction is for distribution of controlled substance
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 failure to exercise and no delay in exercising, on the part of Lender, any right, remedy, power or privilege under this Agreement or any other Credit Documents shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder or thereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. No notice to or demand on any Credit Party in any case shall, of itself, entitle it to any other or further notice or demand in similar or other circumstances. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive recognizes that her duties will entail the receipt of Trade Secrets and Confidential Information as defined in this Section 6. Those Trade Secrets and Confidential Information have been developed by the Company at substantial cost and constitute valuable and unique property of the Company. Accordingly, the Executive acknowledges that protection of Trade Secrets and Confidential Information is a legitimate business interest. If the Executive shall breach the covenants contained in this Section 6, the Company shall have no further obligation to make any payment to the Executive pursuant to this Agreement and may recover from the Executive all such damages as it may be entitled to at law or in equity. In addition, the Executive acknowledges that any such breach is likely to result in irreparable harm to the Company. The Company shall be entitled to specific performance of the covenants in this Section 6, including entry of a temporary restraining order in state or federal court, preliminary and permanent injunctive relief against activities in violation of this Section 6, or both, or other appropriate judicial remedy, writ or order, in addition to any damages and legal expenses which the Company may be legally entitled to recover. Executive acknowledges and agrees that the covenants in this Section 6 shall be construed as agreements independent of any other provision of this Agreement or any other agreement between the Company and Executive, and that the existence of any claim or cause of action by Executive against the Company, whether predicated upon this Agreement or any other agreement, shall not constitute a defense to the enforcement by the Company of such covenants.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in a number of counterparts, by facsimile, each of which shall be deemed to be an original as of those whose signature appears thereon, and all of which shall together constitute one and the same instrument. This Amendment shall become binding when one or more of the counterparts hereof, individually or taken together, are signed by all the parties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: improperly withdrew recognition of the Union in violation of Sections 8(a)(5) and (1) of the Act. Most of the events alleged to establish a lack of union support came after a period when Beverly Farm refused to bargain, and during this very same period Beverly Farm committed unfair labor practices, suggesting that its behavior enabled it to undermine the Union. In addition, the Board found that many of Beverly Farm’s actions constituting unfair labor practices took place during the certification year. Under the circumstances of this case, we feel the Board properly concluded that Beverly Farm was not able to rely on the employees’ inaction to excuse its illegal behavior and its withdrawal of recognition violated Sections 8(a)(5) and (1) of the Act. See Hi-Tech Cable, 128 F.3d at 279 (<HOLDING>). Beverly Farm also objects to the Board’s Options: A. holding that the temporal proximity between the unfair labor practices and the withdrawal of recognition allows for a conclusion that employees display of disaffection for their union might have been induced by the companys unlawful actions B. holding that a close temporal proximity between a public employees speech and a defendants actions suggested a causal relationship C. holding that intervening misconduct can sever the temporal proximity connection between the protected conduct and the adverse employment D. recognizing temporal proximity when agency had knowledge of employees protected activity E. holding that questioning of employees about number of union cards signed placing employees in a position of having to admit or deny union support and participating in antiunion petition were all unfair labor practices

assistant: The best answer is A. holding that the temporal proximity between the unfair labor practices and the withdrawal of recognition allows for a conclusion that employees display of disaffection for their union might have been induced by the companys unlawful actions
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: 454 U.S. 828, 102 S.Ct. 120, 70 L.Ed.2d 103 (1981). We need not decide whether White’s speech was protected, however, since we agree with the district court and the Commission that the board’s decision was not in violation of the standards enunciated in Mount Healthy, infra. 8 . White does not claim that credible threats to kill another teacher would be protected speech under the first amendment. Cf. Chaplinsky v. New Hampshire, 315 U.S. 568, 62 S.Ct. 766, 86 L.Ed. 1031 (1942) (fighting words not protected speech); Garza v. Rodriguez, 559 F.2d 259, 260-61 (5th Cir.1977), cert. denied, 439 U.S. 877, 99 S.Ct. 215, 58 L.Ed.2d 191 (1978) (fighting words not protected speech); but cf. Watts v. United States, 394 U.S. 705, 706-07, 89 S.Ct. 1399, 1400-01, 22 L.Ed.2d 664 (1969) (per curiam) (<HOLDING>). 9 . A teacher’s failure to cooperate with Options: A. holding that the first amendment does not protect true threats against the president B. holding that the following statement conditional in nature and made at a political rally was not a true threat if they ever make me carry a rifle the first man i want to get in my sights is lbj C. holding that with the commands of the first amendment clearly in mind a comment that the first man i want to get in my sights is lbj was political hyperbole which did not constitute a willful threat against the president D. holding utterance that if they ever make me carry a rifle upon being drafted into the us military the first man i want to get in my sights is lbj was merely a kind of very crude offensive method of stating a political opposition to the president and was thus protected by the first amendment E. holding that 18year old vietnam protestor who stated if they ever make me carry a rifle the first man i want to get in my sights is lbj did not violate 871 because the comment constituted political hyperbole protected by the first amendment

assistant: The best answer is C. holding that with the commands of the first amendment clearly in mind a comment that the first man i want to get in my sights is lbj was political hyperbole which did not constitute a willful threat against the president
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Consulting Agreement is invalid, illegal, or unenforceable, the balance of this Consulting Agreement shall remain in effect, and if any provision is inapplicable to any person or circumstance, it shall nevertheless remain applicable to all other persons and circumstances.

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 legal provision and list the applicable contract clause categories. Provision: The Company has filed all reports, schedules, forms, statements and other documents required to be filed by the Company under the Securities Act and the Exchange Act, including pursuant to Section 13(a) or 15(d) thereof, for the two years preceding the date hereof (or such shorter period as the Company was required by law or regulation to file such material) (the foregoing materials being collectively referred to herein as the “ SEC Reports ”) on a timely basis or has received a valid extension of such time of filing and has filed any such SEC Reports prior to the expiration of any such extension. As of their respective dates, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, and none of the SEC Reports, when filed, 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 the light of the circumstances under which they were made, not misleading. The financial statements of the Company included in the SEC Reports comply in all material respects with applicable accounting requirements and the rules and regulations of the Securities and Exchange Commission (the “ Commission ”) with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“ GAAP ”), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments.

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: F.3d 24, 27 (1st Cir. 1997). See also Curley v. Brignoli Curley & Roberts, Assocs., 128 F.R.D. 613, 616 (S.D.N.Y. 1989) (“The contention . . . that Rule 11 should apply to any paper sent to the court, such as a letter, is not supportable.”). When, however, a letter is sent to a judge with the intent that it influence the judge to take some action, federal courts have considered the letter to be in effect a motion subject to Rule 11. See Klein v. Wilson, Elser, Moskowitz, Edelman & Dicker (In re Highgate Equities, Ltd.), 279 F.3d 148, 154 (2d Cir. 2002) (“Courts have generally [applied Rule 11 to letters] only where the letter in question was in effect a motion in disguise, recognizing that failure to sanction in such cases would elevate form over substance.”); Legault, 105 F.3d at 27 (<HOLDING>); Lopez v. Constantine, 94 Civ. 5921, 95 Civ. Options: A. holding to that effect with respect to rule 64 B. holding that one letter sent a year prior to the filing of a motion to compel was insufficient to satisfy the requirement to confer C. holding that a letter to an opposing party was a paper for purposes of frcp rule 11 where the attorney writing the letter sent a copy to the presiding judge in the case D. holding that rule 11 applied to a letter sent with the intent to influence the court with respect to injunctive relief E. holding that the clayton acts provisions on injunctive relief applied to pending cases

assistant: The best answer is D. holding that rule 11 applied to a letter sent with the intent to influence the court with respect to injunctive relief
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: retrieve E.P.C. Reynolds also testified that Father showed no remorse about leaving E.P.C. alone and appeared to worry more about possibly losing his job. Father’s act of leaving ten- month-old E.P.C. alone in the apartment endangered E.P.C.’s physical well-being. See Tex. Fam. Code Ann. § 161.001(1)(E); see also In re S.M.L., 171 S.W.3d 472, 477 (Tex.App.-Houston [14th Dist.] 2005, no pet.) (stating that “a child is endangered when the environment or the parent’s course of conduct creates a potential for danger which the parent is aware of but disregards”). Moreover, the trial court heard additional conflicting evidence that Mother and Father had been seen in public without E.P.C. as many as eight other times. See In re H.R., 87 S.W.3d 691, 698-99 (Tex.App.-San Antonio 2002, no pet.) (<HOLDING>). In addition to leaving E.P.C. unsupervised, Options: A. holding evidence legally sufficient under sections d and e B. holding evidence legally sufficient C. holding evidence legally insufficient D. holding the evidence sufficient to establish the defendants knowing possession of a firearm beyond a reasonable doubt when among other things the defendant admitted to a law enforcement officer that he had acquired the shotgun for his protection and that officers testimony went uncontradicted at trial E. holding evidence legally sufficient and noting among other things that the appellant left the child in the care of a nineyearold cousin while she went out drinking

assistant: The best answer is E. holding evidence legally sufficient and noting among other things that the appellant left the child in the care of a nineyearold cousin while she went out drinking
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: subject to setoff, the court emphasized the legislative purpose underlying the availability of fees, namely, to encourage the availability of effective legal representation. See id. at 1366. In response to the argument that the provision of the statute mandating the award of fees to the plaintiff (and not to the attorney) vests ownership of the award in the plaintiff, the court indicated that this approach emphasized form over substance; reasoned that reliance upon such allocation to the detriment of attorneys practicing truth-in-lending law would undermine the purpose of the fee-shifting provisions; and determined that “the fee once awarded becomes in effect an asset of the attorney, not the client.” Id.; see also Sullivan v. Crown Paper Board Co., 719 F.2d 667, 669-70 (3d Cir.1983)(<HOLDING>); Rodriguez v. Taylor, 569 F.2d 1231, 1245 (3d Options: A. holding that public policy considerations require that the burden be placed on the attorney to provide for allocation of courtawarded attorneys fees in the contingent fee agreement B. holding that court of appeals erred by rendering judgment for full amount of attorneys fees sought after reversing 0 fee award because jury awarded less in damages than amount sought and therefore uncontroverted attorney testimony on amount of attorneys fees did not establish amount of reasonable and necessary fees as a matter of law C. holding that by choosing the words any actual expenses including attorneys fees incurred congress did not intend to remove the discretion of the district court to award fees in cases such as contingent fee or pro bono cases where the client has not actually incurred the obligation to pay her attorneys fees D. holding that attorneys representing plaintiffs in federal antidiscrimination cases should be permitted to obtain the amount established by their contingent fee agreement or the courtawarded fees whichever is greater citing sargeant v sharp 579 f2d 645 649 1st cir1978 E. holding that a plaintiff is entitled to either statutory treble damages or punitive damages whichever is the greater

assistant: The best answer is D. holding that attorneys representing plaintiffs in federal antidiscrimination cases should be permitted to obtain the amount established by their contingent fee agreement or the courtawarded fees whichever is greater citing sargeant v sharp 579 f2d 645 649 1st cir1978
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: codified longstanding common-law principles. Under the plain language of section 151.001(c), Ross’s duty as a parent to support his minor children includes a duty to provide them with necessaries. See id.; In re H.V., 252 S.W.3d 319, 327, n. 55 (Tex.2008) (concluding that a parent’s duty of support includes a duty to pay for the “necessaries” of the parent’s children); In re W.J.S., 35 S.W.3d 274, 277-278 (Tex.App.-Houston [14th Dist.] 2000, no pet.) (same ffirmed that attorney’s fees for services rendered for a child’s benefit may constitute necessaries that fall within the duty of support owed by that child’s parents. See In re H.V., 252 S.W.3d at 327, n. 55. Ross’s duty to support his children encompasses an obligation to provide them with necessaries, which m -Tyler 1991, no writ) (<HOLDING>). Though not cited in all of the opinions, Options: A. holding in nonenforcement modification suit that court of continuing jurisdiction may order one parent to pay the reasonable attorneys fees of the other parent as additional child support if the fees are necessaries for the benefit of the children B. holding that trial court properly assessed mothers attorneys fees as necessaries against father in case in which trial court ordered father to pay mothers attorneys fees as child support but did not state that the fees were necessaries C. holding in nonenforcement modification suit that court of continuing jurisdiction did not abuse its discretion in ordering father to pay reasonable attorneys fees incurred by mother as necessaries for the children D. holding that trial court did not abuse its discretion in ordering that father pay attorneys fees to mother as necessaries for the benefit of the children in paternity proceeding and citing statutory predecessor to section 151001 E. holding in modification suit in which no enforcement was ordered that trial court did not abuse its discretion in ordering father to pay mothers attorneys fees as child support under the necessaries rule

assistant: The best answer is D. holding that trial court did not abuse its discretion in ordering that father pay attorneys fees to mother as necessaries for the benefit of the children in paternity proceeding and citing statutory predecessor to section 151001
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: in something more like Rule 16(b) terms, that it would be “easier to manage from the Court’s point of view. We’re not going to permit any further amendment to this complaint.” As this excerpt makes clear, the record supports PKI’s theory that the District Court refused the amendment because of case management concerns, both in terms of the course the case might follow, and a perceived need for fidelity to the court’s prior management plan, which did not contemplate adding PRD as a party (and arguably included a clear order not to do so). But these reasons are not among those justifying a refusal of leave to amend. Moreover, PKI was dismissed ivith prejudice, which is a severe and disfavored remedy. See, e.g., ICON Group, Inc. v. Mahogany Run Dev. Corp., 829 F.2d 473, 477 (3d Cir.1987) (<HOLDING>); Donnelly v. Johns-Manville Sales Corp., 677 Options: A. holding that dismissal with leave to amend should be granted even if no request to amend was made B. holding that dismissal of a claim after the plaintiff made a good faith but unsuccessful effort to comply with an order to amend was inappropriate C. holding that dismissal of a pro se complaint for failure to state a claim should generally be without prejudice but if the plaintiff has been given an opportunity amend his complaint and fails to do so the dismissal may be with prejudice D. holding that dismissal with leave to amend is not a final order E. holding dismissal for failure to comply with rule 8 was dismissal of entire action which was appealable final order

assistant: The best answer is B. holding that dismissal of a claim after the plaintiff made a good faith but unsuccessful effort to comply with an order to amend was inappropriate
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 invoke that right, and the consequences of doing so, are not “important issues” that involve a “substantial public interest.” Cfi United States v. Lot 5, Fox Grove, Alachua Cnty., Fla., 23 F.3d 359, 364 (11th Cir.1994) (“[A] blanket assertion of the privilege [against self-incrimination] is an inadequate basis for the issuance of a stay. Rather, a court must stay a civil proceeding pending resolution of a related criminal prosecution only when ‘special circumstances’ so require in the ‘interests of justice.’” (citation omitted)). That is especially true when a civil defendant is invoking his right against self-incrimination in a U.S. civil action to help him in a foreign prosecution. See, e.g., United States v. Balsys, 524 U.S. 666, 669, 118 S.Ct. 2218, 2221, 141 L.Ed.2d 575 (1998) (<HOLDING>). Third, the limited benefits of applying “the Options: A. holding that foreign states prosecution did not bar subsequent florida prosecution for same conduct B. holding that concern with foreign prosecution is beyond the scope of the selfincrimination clause C. holding due process clause requires the prosecution to prove beyond a reasonable doubt all of the elements included in the definition of the charged offense and new york law that requires the defendant in a second degree murder prosecution to prove by a preponderance of the evidence the affirmative defense of extreme emotional disturbance in order to reduce the crime to manslaughter when no element of the charged offense is presumed does not violate the due process clause D. holding that foreign states are not persons entitled to rights under the due process clause E. holding that fedrcrimp 6e would prevent disclosure of witnesss testimony to foreign officials thereby negating fear of foreign prosecution and alternatively that the fifth amendment provides no shelter against incrimination in a foreign jurisdiction where federal domestic immunity has been granted

assistant: The best answer is B. holding that concern with foreign prosecution is beyond the scope of the selfincrimination clause
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: 20.1 this section applies if you select a third-party payment system that enables you to pay for skype credit and certain paid for products via your mobile phone bill where applicable ( `` pay by mobile '' ) .

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: witnesses, lay or expert, the party seeking the exemption can “show” to be not merely helpful, but “essential” to the presentation of its case. Id. Because Spears’s “vague and general” assertion that his expert ‘“was well prepared, and could have helped the defense immeasurably by listening to the testimony of the Commonwealth’s experts and .lending a helping hand on cross examination,’ ” failed to specify how the expert’s absence would unduly burden either the presentation of the defendant’s case or the refutation of the Commonwealth’s theory, the trial court did not abuse its discretion by refusing to exempt the defense expert. 448 S.W.3d at 788-89. That result is consistent with decisions by other courts construing similar rules. E.g., State v. Traversie, 387 N.W.2d 2 (S.D. 1986) (<HOLDING>). Although it appears that no court has Options: A. holding juvenile court did not abuse its discretion in admitting expert testimony B. holding trial court did not abuse its discretion by ruling based only on affidavits C. holding that trial court did not abuse its discretion by determining expert witness was qualified to testify D. holding that trial court did not abuse its discretion by granting such a temporary injunction E. holding that the trial court did not abuse its discretion by sequestering a criminal defendants fingerprint expert

assistant: The best answer is E. holding that the trial court did not abuse its discretion by sequestering a criminal defendants fingerprint expert
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 sets forth the entire agreement and understanding between the Company and me relating to the subject matter herein and merges all prior discussions between us. No modification of or amendment to the Agreement, nor any waiver of any rights under this agreement, will be effective unless in writing signed by the party to be charged. Any subsequent change or changes in my duties, salary or compensation will not affect the validity or scope of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in the SEC Reports or reported on a Form 3, 4 or 5 filed with the Commission, in either case at least ten days prior to the date hereof, none of the executive officers, directors or employees of the Company is presently a party to any transaction with the Company (other than for ordinary course services as employees or directors), including any contract, agreement or other arrangement providing for the furnishing of services to or by, providing for rental of real or personal property to or from, or otherwise requiring payments to or from any such officer, director or employee or, to the Company’s Knowledge, any corporation, partnership, trust or other entity in which any such officer, director, or employee has a substantial interest or is an officer, director, trustee or partner.

assistant: Transactions With Affiliates
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 Note by the Borrower and the consummation by the Borrower of its obligations set forth herein will not (i) result in a violation of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof, the Company’s bylaws, as amended and as in effect on the date hereof, (ii) conflict with, or constitute a default (or an event which with notice or lapse of time or both would become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture or instrument to which the Borrower is a party or (iii) result in a violation of any law, rule, regulation, order, judgment or decree applicable to the Borrower.

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 case excerpt and choose the best holding from the options. Case excerpt: In Burford, we recognized that identification of the precise dictates of due process requires consideration of both the governmental interests involved and the private interests affected by the official action. 845 S.W.2d at 207 (citing Fusari v. Steinberg, 419 U.S. 379, 389, 95 S.Ct. 533, 42 L.Ed.2d 521 (1975)). We held that the petitioner’s interest in attacking his conviction and sentencing on constitutional grounds was greater than the state’s interest in preventing litigation of stale or fraudulent claims where the petitioner was forced to wait to bring his post-conviction claim until underlying convictions were declared invalid, at which time the three-year statute of limitations for bringing post-conviction claims had already run. Id. at 209. See also Van Tran, 66 S.W.3d at 812 (<HOLDING>); Williams v. State, 44 S.W.3d 464 (Tenn.2001) Options: A. recognizing fundamental fairness requires criminal defendants be granted a meaningful opportunity to present a complete defense B. holding plaintiff must prove that he or she was deprived of an opportunity granted at a meaningful time and in a meaningful manner for a hearing appropriate to the nature of the case C. holding that constitution requires an opportunity granted at a meaningful time and a meaningful manner for a hearing appropriate to the nature of the case D. holding that fundamental fairness demands at least an opportunity to present rebuttal to surprise evidence E. holding that considerations of fundamental fairness required that the petitioner have a meaningful opportunity to raise his substantive constitutional claim despite being contrary to the technical mandates of the postconviction procedure act and supreme court rule 28 governing waiver of issues

assistant: The best answer is E. holding that considerations of fundamental fairness required that the petitioner have a meaningful opportunity to raise his substantive constitutional claim despite being contrary to the technical mandates of the postconviction procedure act and supreme court rule 28 governing waiver of issues
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: for a nonresident child under statutes similar to Utah's statutes. 113 Nor does it necessarily follow from the general rule-that a state may prosecute a nonresident parent for failure to support a resident child, that a state may not prosecute a resident parent for failure to support a nonresident child. See State v. Gantt, 201 Wis.2d 206, 548 N.W.2d 134, 186 (Ct.App.1996) (emphasizing that although Wisconsin cases holding Wisconsin has jurisdiction to prosecute nonresident parents for failing to support Wisconsin resident children are consistent with general criminal law rule, such cases do not hold that "nonsupport statutes may be enforced only in the place where the child[ren] reside[ 1"); see also United States v. Lombardo, 241 U.S. 78, 77-78, 36 S.Ct. 508, 510, 60 L.Ed. 897 (1916) (<HOLDING>). In fact, there is authority generally Options: A. holding that there is no independent duty to test and even if there were it would be completely speculative as to what the consequences would be of any purported failure to fulfill this supposed duty B. holding that the duty of good faith and fair dealing is a contractual duty C. holding where there is no duty to defend there is no duty to indemnify D. holding no duty and noting that foreseeability bears on the scope of a duty and not whether it exists in the first place E. recognizing in dicta that where there is a general duty it may be considered as insistent both where the actor is and the subject is as in the case of the duty of a father to support his children and if the duty hals criminal sanetion it may be enforced in either place

assistant: The best answer is E. recognizing in dicta that where there is a general duty it may be considered as insistent both where the actor is and the subject is as in the case of the duty of a father to support his children and if the duty hals criminal sanetion it may be enforced in either place
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 Purchasers agree that the provision of any information, records or other access by the Company to a Purchaser pursuant to Section 3.3(a) shall be subject to a Non-Disclosure Agreement.

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: The net proceeds of the sale of the Note hereunder shall be used by the Company for working capital and general corporate purposes. The Company agrees that it shall not use the funds from this Agreement, at any time, to lend money, give credit or make advances to any officers, directors, employees, Subsidiaries and affiliates of the Company.

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 case excerpt and choose the best holding from the options. Case excerpt: compliment each other, but courts have found that in most cases they are so intertwined in the defendant’s argument that they appear to raise the same question: are the plaintiffs claims so “completely preempted” that the only way to avoid removal due to federal question jurisdiction is through the “artful pleading” of the state-law claim? Thus, these courts have viewed “complete preemption” as a prerequisite to the application of the “artful pleading doctrine”. See, Rivet, 522 U.S. at 475, 118 S.Ct. 921 (“The artful pleading doctrine allows removal where federal law completely preempts a plaintiffs state-law claim”); Braco v. MCI WorldCom Communications, Inc., 138 F.Supp.2d. 1260, 1268, n. 10 (C.D.Cal.2001); Crump v. WorldCom, Inc., 128 F.Supp.2d. 549, 559-60 (W.D.Tenn.2001)(<HOLDING>); Minnesota by Hatch, at 373. The instant Options: A. recognizing doctrine B. holding that the application of the fair use doctrine at the pleading stage is appropriate C. recognizing that the artful pleading doctrine in practice is subsumed by the complete preemption doctrine D. recognizing the collateral order doctrine for the first time E. holding that jurisdiction must be resolved before applying the act of state doctrine because that doctrine is a substantive rule of law

assistant: The best answer is C. recognizing that the artful pleading doctrine in practice is subsumed by the complete preemption doctrine