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: expressly or under California rules for interpretation of ambiguity in insurance contracts. The district court granted Safeco’s motion to dismiss and Minkler timely appealed. II. The Certified Question We certify the following issue to the California Supreme Court: Where a contract of liability insurance covering multiple insureds contains a severability-of-interests clause in the “Conditions” section of the policy, does an exclusion barring coverage for injuries arising out of the intentional acts of “an insured” bar coverage for claims that one insured negligently failed to prevent the intentional acts of another insured? If the California Supreme Court decides the certified question, we will accept and rely on the Court’s decision in any furt ss. 240, 496 N.E.2d 158, 161 (1986) (<HOLDING>). The California Supreme Court has never Options: A. holding that when the insured brings an action for a declaration of coverage and prevails absent a bad faith denial of coverage by the insurer attorneys fees incurred by the insured in the prosecution of that action are not incurred at the request of the insurer B. holding that the term any insured was ambiguous in light of a severability clause and construing the contract against the insurer finding coverage C. holding that insured may recover from its insurer any attorney fees incurred in successfully attempting to force the insurer to defend an action against the insured D. holding that a policy exclusion applicable to any insured unambiguously barred coverage despite inclusion of severability clause E. holding despite a reservation of rights that when the insurer provides a defense to its insured the insured has no right to interfere with the insurers control of the defense and a stipulated judgment between the insured and the injured claimant without the consent of the insurer is ineffective to impose liability upon the insurer

assistant: The best answer is B. holding that the term any insured was ambiguous in light of a severability clause and construing the contract against the insurer finding coverage
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, demands, requests, consents, approvals, and other communications required or permitted hereunder shall be in writing and, unless otherwise specified herein, shall be (i) personally served, (ii) deposited in the mail, registered or certified, return receipt requested, postage prepaid, (iii) delivered by reputable air courier service with charges prepaid, or (iv) transmitted by hand delivery, telegram, or facsimile, addressed as set forth below or to such other address as such party shall have specified most recently by written notice. Any notice or other communication required or permitted to be given hereunder shall be deemed effective (a) upon hand delivery or delivery by facsimile, with accurate confirmation generated by the transmitting facsimile machine, at the address or number designated below (if delivered on a business day during normal business hours where such notice is to be received), or the first business day following such delivery (if delivered other than on a business day during normal business hours where such notice is to be received) or (b) on the second business day following the date of mailing by express courier service, fully prepaid, addressed to such address, or upon actual receipt of such mailing, whichever shall first occur. The addresses for such communications shall be: (i) if to Borrower, to: Emerald Medical Applications Corp., Inc., c/o of Law Office of Richard Rubin, 40 Wall Street, New York, NY 10005, Attn: Lior Wayn, CEO, fax: 212-658-9867 , with a copy by fax only to: Law Office of Richard Rubin, 40 Wall Street, New York, NY 10005, Attn: Richard Rubin, Esq., fax: 212-658-9867, and (ii) if to the New Purchaser, to: the address and fax number indicated on the front page of this Note, with an additional copy by fax only to (which shall not constitute notice): Grushko & Mittman, P.C., 515 Rockaway Avenue, Valley Stream, New York 11581, facsimile: (212) 697-3575. For so long as any notice may or be required to be given to the Company pursuant to this Note, Borrower will maintain an address for notice purposes in New York, New York.

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: evidence in the record that union funds were used to create or facilitate distribution of these lists, Section 401(g) appears to be inapplicable on these facts. 21 . The majority of courts presented with this issue have similarly recognized the inflexibility of Section 402's mandate with respect to the statutory remedy for established violations of LMRDA. See Usery v. Dist. 22, United Mine Workers of America, 543 F.2d 744 (10th Cir.1976) (citing Wirtz and the “mandatoiy language” of Section 402 in reversing district court's decision not to order new elections following a finding that the defendant had violated Section 401); see also Marshall v. American Postal Workers Union, AFL-CIO, 486 F.Supp. 79, 85 (D.D.C.1980); Wirtz v. Local Union No. 1622, 285 F.Supp. 455, 456 (N.D.Cal.1968) (<HOLDING>); Brock v. Local 630, Int’l Brotherhood of Options: A. holding that in light of the established violation of section 401 and the supreme courts decision in wirtz the court has no discretion as to whether or not to order new elections B. holding that the section is unconstitutional as applied to private individuals in nonfederal elections in light of supreme court precedent C. holding that the supreme courts proper scope of review of a trial courts decision in a trial de novo of an assessment matter is whether the decision of the trial court was clearly erroneous D. holding that the federal habeas courts task is to determine if the state courts decision was contrary to or involved an unreasonable application of clearly established federal law as determined by the supreme court of the united states E. holding that the balancing test established by the united states supreme court was still appropriate to determine the retroactivity or nonretroactivity of a new decision

assistant: The best answer is A. holding that in light of the established violation of section 401 and the supreme courts decision in wirtz the court has no discretion as to whether or not to order new elections
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: Huff also recognized that the choice of law in this case was not an obvious one, and denied the motion without prejudice to Defendant raising the issue after the parties had conducted relevant discovery. Defendant asserts that since filing its motion, discovery has revealed facts sufficient to support the application of Australian law. Australian law does not recognize a bad faith claim or allow for the recovery of punitive damages based on breach of an insurance contract. (Id. at 7.) Therefore, these claims would be barred. The laws of California and Australia are materially different, making the choice of law analysis a matter of great importance in this case. See, e.g., Stonewall Surplus Lines Ins. Co. v. Johnson Controls, Inc. (1993) 14 Cal.App.4th 637, 645, 17 Cal.Rptr.2d 713 (<HOLDING>). Because of the material difference in law, Options: A. holding state and federal actions not parallel for colorado river purposes because the remedies were different one was equitable and the other compensatory and the sources of law came from different states B. holding that a states law is materially different from california law if application of the other states law leads to a different result C. holding that application of the doctrine of law of the case is discretionary and that a district court abuses its discretion in applying the law of the case doctrine only if 1 the first decision was clearly erroneous 2 an intervening change in the law occurred 3 the evidence on remand was substantially different 4 other changed circumstances exist or 5 a manifest injustice would otherwise result D. holding that the plaintiffs had relied on illinois law because they could have filed in a different forum having a different statute of limitations E. recognizing that an ohio court should apply local law unless a party meets the burden of showing that foreign law requires a different result

assistant: The best answer is B. holding that a states law is materially different from california law if application of the other states law leads to a different result
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 and all of the provisions hereof shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns; provided that neither this Agreement nor any of the rights, interests or obligations hereunder may be assigned by operation of law or otherwise without the prior written consent of Founders and Buyer. Company and TTH (and its acquirors) are intended third party beneficiaries of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement (including the Exhibits attached hereto), together with the Master Agreement, constitutes the entire agreement between the Parties relating to its subject matter, and supersedes all prior and contemporaneous agreements, representations or understandings, either written or oral, between the Parties with respect to such subject matter. There are no covenants, promises, agreements, warranties, representations, conditions or understandings, either oral or written, between the Parties other than as set forth herein and therein.

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 case excerpt and choose the best holding from the options. Case excerpt: to provide Timothy with a FAPE. Members of Timothy’s IEP team, who were professional educators, responsible for the creation of his IEP, observed him in the classroom environment, had adequate background, experience and training to assess his condition and to formulate program to meet his needs. ■ They considered the opinions of Timothy’s medi cal and psychological providers. They opined that a full-time dédicated one-on-one aide would deflect from the goal of promoting independence for Timothy. The IDEIA does not require school districts to consult with outside experts or to adopt their recommendations. The failure to do so does not automatically constitute a serious deficiency in the IEP. Renner v. Bd. of Educ. of the Public Sch. of the City of Ann Arbor, 185 F.3d 635 (6th Cir.1999) (<HOLDING>). Under the regulations to the IDEIA, decisions Options: A. holding that counsel was deficient for failfing to consult or call an expert on the psychology of child sexual abuse or to educate himself sufficiently on the scientific issues B. holding that counsel was deficient for failing to consult an expert and present expert testimony about the physiological effect of toxic chemical exposure on defendants brain C. holding that the failure to inform the defendant of his right to a sixperson jury and the failure to consult the defendant as to his wishes was an error for which a new trial was the only remedy D. holding that the failure to recognize every possible legal argument did not render counsels performance constitutionally deficient E. holding that school districts failure to consult with the plaintiffs expert or to adopt the number of hours she recommended for a particular therapy did not render the iep substantively deficient

assistant: The best answer is E. holding that school districts failure to consult with the plaintiffs expert or to adopt the number of hours she recommended for a particular therapy did not render the iep substantively deficient
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: some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer , so some or all of the above exclusions and limitations apply only to the fullest extent permitted by law in the applicable jurisdiction .

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: confidence and trust, and the placing of reliance by one upon the judgment and advice of the other.” Weltzin, 633 N.W.2d at 294 (citations omitted). Plaintiffs concede that this is the general rule but argue for the court to recognize a duty of care based upon the monitoring and reporting requirements under the Bank Secrecy Act, 31 U.S.C. § 5318 (as amended by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (“Patriot Act”), Pub.L. 107-56, § 326). Plaintiffs cite no decision by an Iowa court, or any other court, recognizing such a duty arising from that Act. Rather, courts have uniformly rejected such an argument. Marlin v. Moody Nat’l Bank, N.A., No. 04-4443, 2006 WL 2382325, at *7 (S.D.Tex. Aug. 16, 2006) (<HOLDING>); Aiken v. Interglobal Mergers and Options: A. holding that the rehabilitation act does not create a private right of action against the secretary of education acting in his role as an administrator B. recognizing private right of action C. holding that the rehabilitation act does not create a private right of action against the secretary of transportation where the apa provides an adequate remedy D. holding that section 4625bc does not create a private right of action for money damages E. holding that under the bank secrecy act banks do not become guarantors of the integrity of the deals of their customers it does not create a private right of action and therefore does not establish a standard of care

assistant: The best answer is E. holding that under the bank secrecy act banks do not become guarantors of the integrity of the deals of their customers it does not create a private right of action and therefore does not establish a standard of care
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 amendment, modification, termination, or waiver of any provision of this Agreement, and no consent to any departure by any Pledgor from the terms and conditions hereof, shall in any event be effective unless the same shall be in writing and signed by the party or parties against whom enforcement of such amendment, modification, termination, or waiver is sought. Any such waiver or consent shall be effective only in the specific instance and for the specific purpose for which it was given.

assistant: Amendments
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: by using the service , you hereby assign to duolingo any and all rights , title and interest , including any intellectual property rights or proprietary rights , in the activity materials .

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: For value received, Maker promises to pay to Holder at such place as Holder may designate in writing, in currently available funds of the United States, all sums advanced by Holder to Maker under this Note up to a maximum principal sum of Four Hundred Thousand Dollars ($400,000) . Maker's obligation under this Note shall accrue interest at the rate of ten percent (l 0%) per annum from the date hereof until paid in full. Interest shall be computed on the basis of a 365-day year or 366-day year, as applicable and actual days lapsed.

assistant: Interests
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 and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of California without regard to its choice of laws principles.

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 case excerpt and choose the best holding from the options. Case excerpt: contended for the first time at oral argument (and afterwards in a letter filed under 5th Cir. R. 28(j)) that the district court's determination was tantamount to finding him responsible for (1) the “reasonably foreseeable acts” of co-conspirators under U.S.S.G. § IB 1.3; (2) having “transferred any firearm ... with ... reason to believe that it would be used or possessed in connection with another felony offense” under U.S.S.G. § 2K2.1(b)(6); and (3) having committed first degree murder under § 2A 1.1, without addressing any of those guideline provisions. Because it was not properly briefed on appeal, that argument is waived. NLRB v. Seaport Printing & Ad Specialties, Inc., 589 F.3d 812, 816 n. 7 (5th Cir.2009); see also United States v. Thames, 214 F.3d 608, 611 n. 3 (5th Cir.2000) (<HOLDING>). 14 . See Bell, 371 F.3d at 244 ("Our concerns Options: A. holding that an inadequately briefed assertion is waived on appeal B. holding that failure to raise issue in brief constitutes waiver of appeal of the issue C. holding that inadequately briefing an issue constitutes waiver D. holding that partys failure to develop issue in argument section constitutes waiver of issue E. holding that failure to brief an argument constitutes waiver

assistant: The best answer is C. holding that inadequately briefing an issue constitutes waiver
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: insurance contract [does] not impose a duty on the insurer to pay attorney’s fees in connection with the insured’s pursuit of the coverage issues.Generally, if the insured hires an attorney to represent him in coverage disputes, he will have to bear those costs himself.” Steptore v. Masco Constr. Co., 643 So.2d 1213, 1218 (La.1994); see Dowden v. Leebo’s Stores, Inc., 877 So.2d 353, 356 (La.Ct.App.2004) (“Generally, an insured can recover attorney fees associated with its defense of the underlying action, but not with its litigation of the coverage issue.”). Some Louisiana courts have, however, allowed for the imposition of attorney’s fees and penalties pursuant to Louisiana Revised Statute §§ 22:658 and 22:1220. See, e.g., Credeur v. McCullough, 702 So.2d 985, 987 (La.Ct.App.1997) (<HOLDING>). But see, e.g., Howell v. Am. Cas. Co. of Options: A. holding that attorneys fees can be awarded only from time duty to defend arose B. holding insurers duty to defend is determined by allegations in the petition C. holding that awarded fees were reasonable and that proof that attorneys fees are necessary apart from testimony as to the reasonableness of the fee is not required D. holding trial court did not abuse its discretion when it awarded attorneys fees because the declaratory relief action addressed validity of note and was not used as a mere ploy to recover attorneys fees E. holding that a thirdparty claimant could be awarded attorneys fees and penalties pursuant to 221220 because the insurers failure to defend was arbitrary and capricious

assistant: The best answer is E. holding that a thirdparty claimant could be awarded attorneys fees and penalties pursuant to 221220 because the insurers failure to defend was arbitrary and capricious
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 written report, financial statement, certificate or other information furnished by or at the direction of any Loan Party to the Administrative Agent or any Lender in connection with the transactions contemplated hereby and the negotiation of this Agreement or delivered hereunder or under any other Loan Document which, when taken as a whole, contained at the time of delivery any material misstatement of fact or omitted to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not materially misleading; provided that, with respect to projections, estimates and other forward-looking information, the Borrower and the REIT represent only that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All amounts due under this Section shall be payable promptly after demand therefor. The agreements and obligations set forth in this Section 9.5 shall survive the termination of this Agreement and payment of the Notes and all other amounts payable hereunder.

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 legal provision and list the applicable contract clause categories. Provision: Assignor irrevocably and forever SELLS, TRANSFERS, ASSIGNS, CONVEYS AND DELIVERS to Assignee, its successors and assigns, and Assignee PURCHASES, ASSUMES AND ACCEPTS, Assignor’s entire right, title and interest in and to the Acquired Interests, free and clear of all Liens (other than restrictions under applicable federal and state securities Laws).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and any amendments, waivers, consents or supplements hereto may be executed in any number of counterparts (including by facsimile or electronic delivery (PDF)), and by different parties hereto in separate counterparts, each of which when so delivered shall be deemed an original, but all of which counterparts shall constitute but one and the same instrument.

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: subjected to the procedures could claim asylum relief, immigration judges and the BIA would never have needed to consider whether an applicant’s harm rises to the level of persecution, given that the amendment explicitly provides that a forced abortion or sterilization does rise to this level. 12 . The majority’s assertion that § 601 "relieve[s] ... persons who actually experienced a forcible abortion or sterilization from the burden of proving a political nexus” is similarly problematic. Maj. Op. at 308-09. In my view, Congress did not relieve anyone of the burden of proving political nexus. Rather, it determined that an applicant can meet this burden by establishing proof of persecution pursuant to a coercive family planning policy. Given the majorit ai Luan Chen, 381 F.3d at 231 (<HOLDING>). 14 . Because petitioner Dong was not married Options: A. holding that the bia rule is unreasonable in this context B. holding that the bia rule is reasonable C. holding that we will not review an issue or claim that was not presented to the bia in the petitioners notice of appeal or brief to the bia even if the bia considered the issue or claim sua sponte D. holding that we lack jurisdiction to review a claim not brought before the bia even when the bia addresses it sua sponte E. holding that review of questions not raised to the bia is barred

assistant: The best answer is B. holding that the bia rule is reasonable
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 Separation Agreement, the documents referenced herein, and the Restricted Stock Award, Non-Qualified Stock Option, and Performance Share Award agreements entered into between Filby and Deluxe contain the entire agreement between Filby and Deluxe with respect to Filby’s employment and separation from employment and there are no promises or understandings outside of this Separation Agreement and the documents referenced herein with respect to Filby’s employment or separation from employment with Deluxe. Any modification of or addition to this Separation Agreement must be in a writing signed by Filby and an appropriate representative of Deluxe.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 4.2 you can register an airbnb account using an email address and creating a password , or through your account with certain third-party social networking services , such as facebook or google ( `` sns account '' ) .

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: has also held that nervousness alone does not constitute reasonable suspicion of criminal activity and grounds for detention. See Laime v. State, supra. Despite the fact that Lilley was shaking, he did not exhibit any additional signs of nervousness, such as an inability to maintain eye contact with Officer Bowman or evasiveness, prior to the conclusion of the traffic stop. Accordingly, his nervousness, without any other questionable circumstances, would not constitute reasonable suspicion. Nor does there appear to be anything inherently suspicious about using a rental car rented by a third party even when combined with the nervousness of the suspect. Certainly, the Eighth Circuit Court of Appeals agrees with that conclusion. See United States v. Beck, 140 F.3d 1129 (8th Cir. 1998) (<HOLDING>). In the case at hand, Lilley explained to the Options: A. holding that defendant who was a passenger in a car had joint constructive possession of drugs found next to the defendants luggage in truck of car even where she disclaimed ownership of the drugs B. holding that the totality of the circumstances failed to generate reasonable suspicion to warrant becks renewed detention where 1 beck was driving a rental car rented by an absent third party 2 the car was licensed in california 3 there was fastfood trash on the passengerside floorboard 4 there was no visible luggage in the passenger compartment of the car 5 beck had a nervous demeanor 6 becks trip was from a drugsource state to a drugdemand state and 7 the officer disbelieved becks explanation for the trip C. holding that an arrest to retrieve car keys where ownership of the car was in dispute was not supported by probable cause D. holding that there was insufficient evidence to establish that defendant had knowledge of firearm in close proximity to him when he was driving the car for the cars owner who was a passenger E. holding that a car passenger had a reasonable expectation of privacy in his closed brown paper bag found on the floorboard of his companions car

assistant: The best answer is B. holding that the totality of the circumstances failed to generate reasonable suspicion to warrant becks renewed detention where 1 beck was driving a rental car rented by an absent third party 2 the car was licensed in california 3 there was fastfood trash on the passengerside floorboard 4 there was no visible luggage in the passenger compartment of the car 5 beck had a nervous demeanor 6 becks trip was from a drugsource state to a drugdemand state and 7 the officer disbelieved becks explanation for the trip
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: this decision. Our recent decision in Armendariz-Montoya v. Sonchik is controlling. 291 F.3d 1116 (9th Cir.2002). In ArmendarizMontoya, we held that the application of § 440(d) of the Anti-terrorism and Effective Death Penalty Act (“AEDPA”) to those aliens who were convicted after a jury trial prior to the enactment of AED-PA does not result in an impermissible retroactive effect. Id. at 1122. We reasoned that aliens who proceed to trial could not demonstrate reasonable reliance upon § 212(c) discretionary eligibility because “[ujnlike aliens who pleaded guilty, aliens who elected a jury trial cannot plausibly claim that they would have acted any differently if they had known about § 440(d).” Id. at 1121; cf. INS v. St. Cyr, 533 U.S. 289, 321-22, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001) (<HOLDING>). Mr. Serrano pleaded not guilty and chose to Options: A. holding that the ijs failure to inform alien that he is eligible for relief from deportation constitutes due process violation where alien establishes prejudice B. recognizing that an alien is ineligible for relief under 212c if he was not actually admissible at the time he received an adjustment of status C. holding that iirira and aedpa are not applicable to criminal alien who entered a guilty plea at a time when alien was eligible for 212c relief D. recognizing burden is on alien when alien is removable E. holding that the ijs failure to inform alien that he was eligible for relief from deportation constitutes a due process violation if alien establishes prejudice

assistant: The best answer is C. holding that iirira and aedpa are not applicable to criminal alien who entered a guilty plea at a time when alien was eligible for 212c 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: of Canady I Litigation To begin, we reject appellants’ argument that Missouri law, not the federal law of res judicata, should apply in this case because the Saunders cases were originally filed in Missouri state court. We have determined already that the relevant prior judgment was issued in federal court in Canady I, and therefore we apply federal res judicata law because “ ‘it is fundamental that the res judicata effect of the first forum’s judgment is governed by the first forum’s law, not by the law of the second forum.’ ” Hillary v. Trans World Airlines, Inc., 123 F.3d 1041, 1043 (8th Cir.1997) (Hillary) (citing Semler v. Psychiatric Inst. of Wash., D.C., Inc., 575 F.2d 922, 930 (D.C.Cir.1978)); see also NAACP v. Metropolitan Council, 125 F.3d 1171, 1174 (8th Cir.1997) (NAACP I) (<HOLDING>) (citing Poe v. John Deere Co., 695 F.2d 1103, Options: A. holding that federal law governs res judicata effect of an earlier federal judgment based on federal law B. holding that to determine collateral estoppel effect of a federal civil rights action fjederal law governs the preclusive effect of a claim arising under federal law C. holding in a res judicata case that fjederal law determines the preclusive effect of a prior federal judgment D. holding that a federal courts dismissal of state claims without prejudice is not res judicata as to adjudication in either state or federal courts E. holding that federal rules of res judicata and collateral estoppel determine preclusive effect of prior federal ftca judgments even though liability is based on state law

assistant: The best answer is A. holding that federal law governs res judicata effect of an earlier federal judgment based on federal 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 legal provision and list the applicable contract clause categories. Provision: Neither this Agreement, nor any other document, certificate or statement furnished to Buyer by or on behalf of Seller or Schadel in connection with the transactions contemplated hereby, within the actual knowledge of Seller or Schadel, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained herein or therein not misleading; and there is no fact which materially adversely affects, or in the future may (so far as Seller or Schadel can now reasonably foresee) materially adversely affect the assets, business, operations or prospects of Seller which has not been set forth herein or in a schedule or statement furnished to Buyer.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of a breach by the Company or by a Holder, of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages subject to Section 5(e) hereof, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not be prosecuting Smith, the cocaine had to be sent back to the State Crime Lab for quantitative analysis. The State then submitted the case to the next grand jury, and Smith was indicted on September 1, 2011. Smith subsequently moved to dismiss his indictment on constitutional speedy trial grounds. The trial court denied Smith’s motion, and Smith was tried on the indictment and convicted in February 2012. Despite the more than three year delay between Smith’s arrest and his trial, we are unable to provide proper appellate review of Smith’s speedy trial claim because neither the transcript of the hearing on Smith’s motion nor the order denying his motion to dismiss the indictment is included in the record on appeal. See Higgenbottom v. State, 288 Ga. 429, 430-431 (704 SE2d 786) (2011) (<HOLDING>). Since this Court cannot ascertain if Smith’s Options: A. holding that trial courts limited findings were insufficient to allow determination of whether trial court abused its discretion in denying defendants motion to dismiss his indictment on constitutional speedy trial grounds B. holding that trial court did not abuse its discretion in overruling motion for new trial on perjury grounds C. holding that a 19month delay between indictment and trial did not violate the constitutional right to a speedy trial D. holding that trial court did not abuse its discretion in denying defendants motion to dismiss on de minimis grounds where his expert witness testimony was inadmissible E. holding trial court erred in denying defendants motion for arrest of judgment where indictment was insufficient

assistant: The best answer is A. holding that trial courts limited findings were insufficient to allow determination of whether trial court abused its discretion in denying defendants motion to dismiss his indictment on constitutional speedy trial grounds
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: Unless earlier terminated herein in accordance with Section 6 hereof, the Executive’s employment with the Company shall be governed by the terms and conditions of this Agreement for a period beginning on the Effective Date and ending on December 31, 2021 (the “ Term ”).

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 case excerpt and choose the best holding from the options. Case excerpt: F.3d at 1025 (analyzing a claim under subsection (6) where the parties did not raise the timeliness issue, but noting that where the essence of the argument is in reality based upon one of the first three enumerated grounds for relief, it is subject to the one-year limitation). Subsection (6) is not a permissible means by which to avoid the time limitation otherwise applicable to a claim of fraud, misrepresentation or misconduct by the adverse party. See Kalamazoo River Study Group v. Rockwell Int’l Corp., 355 F.3d 574, 588 (6th Cir.2004) (noting that parties will not be permitted to disguise a Rule 60(b)(1), (2) or (3) motion as a subsection (5) or (6) motion in order to gain the benefits of a more generous time limitation); Lyon v. Agusta S.P.A., 252 F.3d 1078, 1088-89 (9th Cir.2001) (<HOLDING>), cert. denied, 534 U.S. 1079, 122 S.Ct. 809, Options: A. holding that clause 6 and the preceding clauses are mutually exclusive and that subsection 6 cannot be a substitute for but must be brought for some reason other than the reasons stated in the five preceding subsections internal marks omitted B. recognizing that the nexus between the place to be searched and the items to be seized may be established by the nature of the item and the normal inferences of where one would likely keep such evidence internal quotation marks omitted C. holding that the act of slamming is objectively sufficiently serious to state a claim for relief under the eighth amendment alterations and some internal quotation marks omitted D. holding that under ada discrimination need not be the sole reason for the adverse employment decision but must actually play a role in the employers decision making process and have a determinative influence on the outcome citation internal quotation marks and alterations omitted E. holding that supervisory liability under 1983 must be based on active unconstitutional behavior and cannot be based upon a mere failure to act internal quotation marks omitted

assistant: The best answer is A. holding that clause 6 and the preceding clauses are mutually exclusive and that subsection 6 cannot be a substitute for but must be brought for some reason other than the reasons stated in the five preceding subsections internal marks omitted
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 Executive shall have such duties and responsibilities of the Executive’s Position and such other duties and responsibilities that are reasonably consistent with the Executive’s Position as the Company may request from time to time and Executive shall perform such duties and carry out such responsibilities to the best of the Executive’s ability for the purpose of advancing the business of the Company and its subsidiaries, if any (jointly and severally, “Related Entities”). The Executive shall observe and conform to the applicable policies and directives promulgated from time to time by the Company and its Board of Directors or by any superior officer(s) of the Company. Subject to the provisions of Subsection 2(b) below, the Executive shall devote the Executive’s full time, skill and attention during normal business hours to the business and affairs of the Company and its Related Entities, except for holidays and vacations consistent with applicable Company policy and except for illness or incapacity. The services to be performed by the Executive hereunder may be changed from time to time at the discretion of the Company. The Company shall retain full direction and control of the means and methods by which the Executive performs the Executive’s services and of the place or places at which such services are to be rendered.

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: No ERISA Event has occurred or is reasonably expected to occur that, when taken together with all other such ERISA Events for which liability is reasonably expected to occur, could reasonably be expected to result in a Material Adverse Effect. The present value of all accumulated benefit obligations under each Plan (based on the assumptions used for purposes of Statement of Financial Accounting Standards No. 87) did not, as of the date of the most recent financial statements reflecting such amounts, exceed the fair market value of the assets of such Plan, and the present value of all accumulated benefit obligations of all underfunded Plans (based on the assumptions used for purposes of Statement of Financial Accounting Standards No. 87) did not, as of the date of the most recent financial statements reflecting such amounts, exceed by more than $100,000 the fair market value of the assets of all such underfunded Plans.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments to be made by the Borrowers shall, except as provided in Section 3.01 , be made free and clear of and without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein and except with respect to principal of and interest on Loans denominated in an Alternative Currency, all payments by the Borrowers hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the applicable Administrative Agent’s Office in Dollars and in Same Day Funds not later than 2:00 p.m. on the date specified herein. Except as otherwise expressly provided herein, all payments by the Borrowers hereunder with respect to principal and interest on Committed Loans denominated in an Alternative Currency shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the applicable Administrative Agent’s Office in such Alternative Currency and in Same Day Funds not later than the Applicable Time specified by the Administrative Agent on the dates specified herein. Except as otherwise expressly provided herein, all payments by the Borrowers hereunder with respect to principal and interest on Individual Currency Loans shall be made by the applicable Borrower directly to the applicable Lender to which such payment is owed, at the Lending Office of such Lender in such Alternative Currency and in funds immediate available to such Lender not later than the 2:00 p.m. (local time in the city in which such Lending Office is located). If, for any reason, any Borrower is prohibited by any Law from making any required payment hereunder in an Alternative Currency, such Borrower shall make such payment in Dollars in the Dollar Equivalent of the Alternative Currency payment amount. The Administrative Agent will promptly distribute to each Lender its Applicable Percentage (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. All payments received by the Administrative Agent (i) after 2:00 p.m., in the case of payments in Dollars, or (ii) after the Applicable Time specified by the Administrative Agent in the case of payments in an Alternative Currency, shall in each case be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. If any payment to be made by any Borrower shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be. The Company and each Lender shall promptly notify the Administrative Agent of the date and amount of each direct payment made by a Borrower to a Lender in respect of each Individual Currency Loan pursuant to this Section.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither this Agreement nor any other Loan Document may be amended, changed, waived, discharged or terminated, nor shall any consent or approval of Lender be granted hereunder, unless such amendment, change, waiver, discharge, termination, consent or approval is in writing signed by Lender. In addition, Lender shall not waive the requirement that the Closing Date GRC Certificate and the Closing Date WLT HOA Certificate be delivered on or prior to the making of the Loan.

assistant: Modifications
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 are no actions, suits or proceedings pending or, to the knowledge of the Borrower, threatened, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or any of the transactions contemplated hereby or (b) could reasonably be expected to have a Material Adverse Effect.

assistant: Litigations