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: Norton. AffiRmed in part and Reversed in part 1 . The district court dismissed the plaintiffs’ claims under 42 U.S.C. §§ 1981, 1982 and 1985. The plaintiffs did not appeal these dismissals; therefore, these claims are not before this court. 2 . Ms. Gleason and Mr. Belcher have since married, and Ms. Gleason has taken her husband’s last name. Because the briefs refer to Ms. Gleason by her maiden name, we also shall refer to her in the same manner throughout this opinion. 3 . We believe the record establishes that, even if some of Deputy Marshal Norton's remarks were directed principally toward Mr. Belcher, Ms. Gleason reasonably could have understood that her freedom of movement also was restricted. See Brendlin v. California, - U.S. -, 127 S.Ct. 2400, 2407-08, 168 L.Ed.2d 132 (2007) (<HOLDING>). Indeed, since the van was titled in her name, Options: A. holding that a passenger has standing to challenge a stops constitutionality because the passenger is seized from the moment a car is stopped B. holding an officer may order a passenger to get out of a car during a traffic stop and may frisk a passenger for weapons if the officer reasonably suspects the passenger is armed and dangerous C. holding that a vehicles passenger had been seized and was entitled to challenge the traffic stop D. holding that police officers may stop vehicles when they observe minor traffic violations E. holding that an officer may order a passenger out of a vehicle during a stop for a traffic infraction

assistant: The best answer is C. holding that a vehicles passenger had been seized and was entitled to challenge the traffic stop
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: his twenty-five years of performing catheterizations, he always followed up with patients after the procedure and that Dr. Scala erred “after the procedure” by not performing “routine things that are done in the post-treatment period.” Given that Dr. Schapira gave extensive testimony criticizing Appellees for not examining Appellant prior to discharge and opining that the standard of care required a physician- to examine Appellant prior to discharge, any further testimony by Dr. Markis on this point would have been cumulative. We conclude that under the facts of this case, the trial court’s determination that each party be limited to one expert on the standard of care and one expert on causation did not constitute an abuse of discretion. See Lion Plumbing Supply, Inc., 844 So.2d at 770 (<HOLDING>). Our greater concern is the failure of the Options: A. holding that even if an experts testimony arguably embraced the ultimate issue such testimony is permissible as long as the experts testimony assists rather than supplants the jurys judgment B. holding that testimony of two experts was unreliable because they relied on the testimony of two other experts which was also unreliable C. holding that testimony at trial in violation of defendants constitutional confrontation right was harmless beyond a reasonable doubt because the testimony was cumulative D. holding that trial court may limit number of experts per side so as to prevent presentation of cumulative testimony E. holding that a number of errors may be deemed harmful in their cumulative effect

assistant: The best answer is D. holding that trial court may limit number of experts per side so as to prevent presentation of cumulative testimony
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterparts (including by facsimile or other electronic image scan transmission), and all of said counterparts taken together shall be deemed to constitute one and the same instrument. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic ( e.g. , “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: By the issuance of a Letter of Credit (or an amendment to a Letter of Credit increasing the amount thereof or extending the expiration date thereof) and without any further action on the part of the applicable Issuing Bank or the Lenders, such Issuing Bank hereby grants to each Revolving Lender, and each Revolving Lender hereby acquires from such Issuing Bank, a participation in such Letter of Credit in an amount equal to such Lender’s Applicable Revolving Percentage (determined without regard to any separate Class or Classes of Revolving Commitments of such Lender) of the aggregate amount available to be drawn under such Letter of Credit. In consideration and in furtherance of the foregoing, each Revolving Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of the applicable Issuing Bank, such Lender’s Applicable Revolving Percentage of each LC Disbursement made by an Issuing Bank not later than 2:00 p.m. on the Business Day specified in the notice provided by the Administrative Agent to the Revolving Lenders pursuant to Section 2.0 5 ( e ) until such LC Disbursement is reimbursed by the Borrower or at any time after any reimbursement payment is required to be refunded to the Borrower for any reason, including after the Revolving Maturity Date and any expiration of any Class of Commitments applicable to any Revolving Lender. Each Revolving Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of Letters of Credit is absolute, unconditional and irrevocable and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit or the occurrence and continuance of a Default or reduction or termination of the Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever.

assistant: Participations
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 Loan Parties and their Subsidiaries have conducted their business in compliance with the United States Foreign Corrupt Practices Act of 1977, the UK Bribery Act 2010 and other, similar applicable anti-corruption Laws, and have instituted and maintained policies and procedures designed to promote and achieve compliance with such Laws.

assistant: Anti-Corruption 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: devoid of any evidence that APHIS made determinations that the field tests at issue involved either “new species or organisms or novel modifications that raise[d] new issues.” Likewise, there is no evidence that APHIS considered whether the field tests, notwithstanding the initial application of the “confined field release” exemption, “may have [had] the potential to affect ‘significantly’ the quality of the ‘human environment.’ ” This absence manifests arbitrary and capricious agency action which is inconsistent with the terms used in APHIS’s own regulations, and which violates NEPA. Ctr. for Food Safety, 451 F.Supp.2d at 1183-86 (reviewing similar field test permits and reaching the same conclusion); see also Back Country Horsemen of Am. v. Johanns, 424 F.Supp.2d 89, 99 (D.D.C.2006) (<HOLDING>). The record contains substantial evidence that Options: A. recognizing that an agencys interpretation of the scope of its own categorical exclusions is given controlling weight unless plainly erroneous or inconsistent with the terms used in the regulation quoting alaska ctr for envt v us forest serv 189 f3d 851 857 9th cir1999 B. holding that an agencys interpretation of its own regulations is controlling unless plainly erroneous or inconsistent with the regulation citation and quotation marks excluded C. holding that deference is owed to an agencys interpretation of its own categorical exclusion regulations so long as that interpretation is not plainly erroneous or inconsistent with the regulation D. holding that courts should defer to agencys interpretation of its own regulations if not plainly erroneous or inconsistent with the regulation E. holding that a secretarys interpretation of a departments regulation is controlling unless plainly erroneous or inconsistent with the regulation

assistant: The best answer is A. recognizing that an agencys interpretation of the scope of its own categorical exclusions is given controlling weight unless plainly erroneous or inconsistent with the terms used in the regulation quoting alaska ctr for envt v us forest serv 189 f3d 851 857 9th cir1999
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon receipt or delivery by Maker or NHC of any notice in accordance with the terms of this Note, unless Maker or NHC has in good faith based on the written advice of counsel determined that the matters relating to such notice do not constitute material, non-public information relating to NHC or any of NHC’s Subsidiaries, NHC shall within one Trading Day after any such receipt or delivery publicly disclose such material, non-public information on a Current Report on Form 8-K or otherwise. If Maker or NHC believes that a notice contains material, non-public information relating to NHC or any of NHC’s Subsidiaries, Maker or NHC so shall indicate to the Holder contemporaneously with delivery of such notice, and in the absence of any such indication, the Holder shall be allowed to presume that all matters relating to such notice do not constitute material, non-public information relating to NHC or NHC’s Subsidiaries.

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 case excerpt and choose the best holding from the options. Case excerpt: himself. To the extent VanHoesen sought new counsel because his third assigned attorney proposed to pursue an insanity defense, the request is properly reviewed in the context of defendant’s unwillingness to work with any of the three attorneys appointed for him. See United States v. Schmidt, 105 F.3d 82, 89 (2d Cir.1997) (rejecting defendant’s claim that “she was coerced into self-representation because the district court, on the eve of trial, refused to replace her third court-appointed attorney”). In sum, a court does not deprive a defendant of the Sixth Amendment right to counsel when it is the defendant himself who creates the conflicts that result in a breakdown of attorney-client communication. See generally Morris v. Slappy, 461 U.S. 1, 14, 103 S.Ct. 1610, 75 L.Ed.2d 610 (1983) (<HOLDING>). 3. Sufficiency of the Evidence Having failed Options: A. holding that there is no due process right to appellate review B. holding there is no meaningful distinction between due course and due process C. recognizing that where there is no express attorneyclient relationship there may exist nevertheless a fiduciary obligation or an implied professional relation citations brackets and ellipsis omitted D. holding that the information is not protected by attorneyclient privilege E. holding that there is no right to a meaningful attorneyclient relationship

assistant: The best answer is E. holding that there is no right to a meaningful attorneyclient relationship
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Term Loan Agent represents and warrants to each other Agent that it has the requisite power and authority under the Term Loan Documents to enter into, execute, deliver, and carry out the terms of this Agreement on behalf of itself and the Term Loan Secured Parties. The Initial Junior Priority Agent represents and warrants to each other Agent that it has the requisite power and authority under the Initial Junior Priority Documents to enter into, execute, deliver, and carry out the terms of this Agreement on behalf of itself and the Initial Junior Priority Creditors. Each Additional Agent represents and warrants to each other Agent that it has the requisite power and authority under the applicable Additional Documents to enter into, execute, deliver, and carry out the terms of this Agreement on behalf of itself and any Additional Credit Facility Secured Parties represented thereby.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to award restitution. Moreover, the decision to impose restitution generally does not turn on the victim’s injury, but on the penal goals of the State and the situation of the defendant. Kelly, 479 U.S. at 52, 107 S.Ct. 353 (1986). Although the Court grounded its opinion on federalism concerns, some courts have found the wording of this section of Kelly broad enough to reach restitution ordered pursuant to the VWPA. See United States v. Caddell, 830 F.2d 36, 39 (5th Cir.1987) (“[T]he language in the [Kelly] opinion extends generally to penal sanctions of restitution without regard to whether the court imposing the sanction is a state or federal court.”). However, in Towers, the United States Court of Appeals for the Seventh Circuit observed that § 523(a)(7) “offers r.W.D.Pa.1993) (<HOLDING>). We find the reasoning in Towers persuasive. Options: A. holding without comment that kelly applies to restitution paid to a victim bank B. holding restitution paid to a local department store is not dischargeable pursuant to kelly C. holding that equitable restitution is available but that legal restitution is not D. holding no restitution hearing is mandated when defendant did not object to order of restitution or request a hearing E. recognizing that the test adopted in kelly applies to rulings on evidence

assistant: The best answer is B. holding restitution paid to a local department store is not dischargeable pursuant to kelly
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall maintain, or cause to be maintained, all risks property insurance during construction and operations in connection with the Property and businesses of the Borrower Group Members and other types of insurance, including liability insurance with respect to claims for personal injury, death or property damage, with respect to the construction and operation of such businesses, all in accordance with prudent industry standards and to the extent available on commercially reasonable terms and with creditworthy and reputable insurance companies in such amounts and with such deductibles as are in accordance with prudent industry standards, except to the extent failure to do so would not reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The undersigned has full power, authority and legal right to execute and deliver, and to perform its obligations under, this Guaranty and has taken all necessary corporate and legal action to authorize the execution, delivery and performance of this Guaranty.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: There is no action, suit or proceeding, judicial, administrative or otherwise (including any condemnation or similar proceeding), pending or, to the best of Borrower’s knowledge, threatened or contemplated against Borrower or any Guarantor or against or affecting any of its or their assets other than as set forth on Schedule 4.4 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No lawsuit, claim or demand has been served upon the Ethanol Parties, nor to the Ethanol Parties' knowledge is threatened with respect to this Agreement or any action required to be taken by the Ethanol Parties in connection with any of the transactions contemplated herein, and there are no pending, nor to the Ethanol Parties' knowledge, threatened, actions, suits or investigations with regard to condemnation, zoning, fire, safety, health, environmental or other conditions which relate thereto or could reasonably be expected to have a material adverse effect thereon.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Administrative Agent shall have received evidence of insurance complying with the requirements of Section 6.5 and certificates naming Collateral Agent as an additional insured and/or loss payee to the extent required pursuant to such Section 6.5 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to applicable eligibility requirements, Executive shall be entitled to participate in all benefit plans and arrangements and fringe benefits and programs that may be provided to senior executives of the Company from time to time, subject to plan terms and generally applicable Company policies. Executive is entitled to participate in personal time off and holiday benefits, with personal time off to be not less than twenty-seven (27) days on an annual basis, accruing at nine (9) hours per twice monthly pay period. Ten (10) days of personal time off may be carried over to the next year. This paid time off allowance is subject to the Company's policies with respect to accrual of, including limitations on the maximum permitted accrual of, paid time off and is subject to change in accordance with changes in Company policy.

assistant: Benefits
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 shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and to be performed in the State of New York and without regard to its choice of law principles. Any action or proceeding arising out of or relating to this Amendment shall be brought in the courts of the State of New York located in the County of New York or in the United States District Court for the Southern District of New York (if any Party to such action or proceeding has or can acquire jurisdiction), and each of the Parties hereto or thereto irrevocably submits to the exclusive jurisdiction of each such court in any such action or proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the action or proceeding shall be heard and determined only in any such court and agrees not to bring any action or proceeding arising out of or relating to this Amendment in any other court. The Parties to this Amendment agree that any of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and bargained agreement between the Parties hereto and thereto irrevocably to waive any objections to venue or to convenience of forum. Process in any action or proceeding referred to in the second sentence of this paragraph may be served on any Party to this Amendment anywhere in the world.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may not use our copyrights , trademarks , domains , logos , trade dress , patents , and other intellectual property rights unless you have our express permission and except in accordance with our brand guidelines .

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: THIS AGREEMENT, TOGETHER WITH THE INDENTURE AND THE OTHER SECURITY DOCUMENTS, REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. No waiver of any provision of this Agreement, and no consent to any departure by any Grantor herefrom, shall in any event be effective unless the same shall be in writing and signed by Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No amendment of any provision of this Agreement shall be effective unless the same shall be in writing and signed by Agent and each Grantor to which such amendment applies.

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 legal provision and list the applicable contract clause categories. Provision: Executive’s minimum base salary during the Term shall be at the rate of $550,000 per year. Executive’s base salary shall be payable in substantially equal installments in accordance with the Company’s payroll practices as in effect from time to time, less any amounts required to be withheld under applicable law. The base salary will be subject to adjustment from time to time in the sole discretion of the Board; provided that, the Company covenants that it shall not reduce the base salary below the base salary then in effect immediately prior to the reduction unless (i) Executive consents to such reduction, or (ii) the reduction is in connection with a general reduction of not more than 20% in compensation of senior executives of the Company generally that occurs prior to the effective date of any Corporate Change.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 361 U.S. 125 80 S.Ct. 253 4 L.Ed.2d 167 Frank DE SIMONE, petitioner,v.UNITED STATES of America. No. 202. Supreme Court of the United States December 7, 1959 Mr. Joseph K. Hertogs, for petitioner. Solicitor General Rankin, Assistant Attorney General Wilkey and Beatrice Rosenberg, for the United States. On Petition for Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit. PER CURIAM. 1 The petition for writ of certiorari is granted. It appears from the Government's suggestion of mootness and the memoranda filed in connection therewith that the petitioner is no longer in custody of the warden to whom the writ of habeas corpus ad testificandum was directed, and that the Government will take no further action under any order pursuant to which petitioner might be held in contempt. Accordingly, the judgment of the Court of Appeals; the order of the District Court, issued May 29, 1959, directing the petitioner to appear before the grand jury; the order to show cause issued by the District Court on May 19, 1959; and the order of the District Court, entered April 3, 1959, denying the petitioner's motion to quash the writ of habeas corpus ad testificandum, and directing him to appear before the grand jury on April 9, 1959, are vacated. The cause is remanded to the District Court with instructions to dismiss the proceeding as moot.

assistant: 9
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: contract procedurally conscionable as a matter of California law. 755 F.3d 1072 (9th Cir.2014). But Johnmohammadi does not discuss procedural unconscionability at all, and thus the case is not on point. See id. 31 . While Kilgore was decided after Gentry, the decision never cites Gentry or otherwise recognizes the rule of procedural unconscionability announced by the California Supreme Court therein. See Kilgore, 718 F.3d at 1059. Instead, it cites Ahmed, which is not good law, and was not good law at the time Kilgore was decided. Id. Thus Kilgore presents an inaccurate picture of California law and is equally inapposite here. 32 . This Court recognizes that Gentry was abrogated in part by the California Supreme Court in Iskanian. See Iskanian, 59 Cal.4th at 366, 173 Cal.Rptr.3d 289 (<HOLDING>). However, “the [singular] Gentry rule” that Options: A. holding the state law claims were not preempted B. holding faa reverse preempted by state statute under mccarranf erguson C. holding faa reverse preempted by state statute under mccarranferguson D. holding that the gentry ruleruns afoul of the faa and is thus preempted E. holding misrepresentation claim to be preempted

assistant: The best answer is D. holding that the gentry ruleruns afoul of the faa and is thus preempted
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: dicta to the Guidelines. See, e.g., Doe, 239 F.3d at 475; LaValle, 175 F.3d at 1108; Candelaria v. United States, 247 F.Supp.2d 125, 133-34 (D.R.I.2003); United States v. Cavallero, No. 95-59-P-H, 1999 WL 33117096, at *6 (D.Me. Nov. 17, 1999). 8 .Other courts have held that a state conviction that has been vacated because of the constitutional invalidity of a plea should not be counted for purposes of the Guidelines. See, e.g., United States v. Mobley, 96 Fed.Appx. 127, 129 (4th Cir.2004) (vacating denial of § 2255 petition and remanding for resentenc-ing where state conviction that was set aside after federal sentencing based upon constitutional invalidity of guilty plea was "expunged” and should not have been included in calculating criminal history points); LaValle, 175 F.3d at 1108 (<HOLDING>); United States v. Lopez, No. Crim. 03-302, Options: A. holding petitioner not entitled to habeas relief on claim state court improperly used petitioners prior federal offense to enhance punishment B. holding that a conviction vacated by operation of a state rehabilitative statute still constitutes a conviction for immigration purposes C. holding that court should have granted 2255 petition where state conviction used to enhance federal sentence was vacated based on invalidity of plea D. holding an uncounseled misdemeanor conviction is valid because no prison term was imposed and the conviction may be used to enhance a sentence for a subsequent offense E. holding that where judgment and sentence for nonexistent crime had to be vacated upon remand the state shall have the option of withdrawing from the entire plea agreement since the plea agreement was based on a material mistake of law which works to the benefit of the defendant

assistant: The best answer is C. holding that court should have granted 2255 petition where state conviction used to enhance federal sentence was vacated based on invalidity of plea
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: Accordingly, for all the foregoing reasons, we vacate the trial court’s order denying the motion to dismiss and remand for the entry of an order dismissing Walker’s complaint. Judgment vacated and case remanded with direction. Ellington, C. J., and Phipps, P. J., concur. Decided September 6, 2012. Samuel S. Olens, Attorney General, Jennifer L. Dalton, Assistant Attorney General, for appellants. Hube & Tucker, Josh D. Tucker, Douglas G. Exley, for appellee. 1 See Welch v. Ga. Dep’t of Transp., 276 Ga. App. 664, 665 (624 SE2d 177) (2005) (“We review the trial court’s ruling on a motion to dismiss under the de novo standard of review.” (punctuation omitted)). 2 OCGA § 50-21-26 (a) (2). 3 OCGA § 50-21-26 (a) (4). 4 Id. 5 Cummings v. Ga. Dep’t of Juvenile Justice, 2 86 SE2d 826) (1997) (<HOLDING>). Cf. Camp v. Coweta County, 280 Ga. 199, 201 Options: A. holding that a notice of deficiency was invalid where it was the second notice mailed for that year and the taxpayer timely petitioned the court as to the first notice B. holding that owners notice substantially complied with federal requirements because the owner intended to demolish the housing units and noted that ajlthough the notice did not follow the statutory language it would have been misleading had it strictly followed the statute C. holding that plaintiff complied with plain language of the notice requirement when notice was mailed within statutory period although it was not received until after D. holding that due process is satisfied where notice is mailed to the wrong address if the appellant received actual notice E. recognizing that the applicant received notice from the plea form even though such notice was not required

assistant: The best answer is C. holding that plaintiff complied with plain language of the notice requirement when notice was mailed within statutory period although it was not received until after
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 Seller shall (a) preserve and maintain its legal existence, (b) qualify and remain qualified in good standing in each jurisdiction where the failure to be so qualified would have a Material Adverse Effect, (c) comply with its Governing Documents, including all special purpose entity provisions, and (d) not modify, amend or terminate its Governing Documents. Each Seller shall (a) continue to engage in the same (and no other) general lines of business as presently conducted by it, (b) maintain and preserve all of its material rights, privileges, licenses and franchises necessary for the operation of its business, and (c) maintain such Seller’s status as a qualified transferee, qualified lender or any similar term (however defined) under the Mortgage Loan Documents. No Seller shall (A) change its name, organizational number, tax identification or business number, fiscal year, method of accounting, identity, structure or jurisdiction of organization (or have more than one such jurisdiction), move the location of its principal place of business and chief executive office, as defined in the UCC) from the location referred to in Section 7.18 , or (B) move, or consent to Custodian moving, the Mortgage Loan Documents from the location thereof on the applicable Purchase Date for the related Purchased Asset, unless in each case such Seller has given at least thirty (30) days prior notice to Buyer and has taken all actions required under the UCC to continue the first priority perfected security interest of Buyer in the Purchased Assets. Seller shall enter into each Transaction as principal.

assistant: Existence
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: weighing of the evidence and conclusion that the Jamaican government would not be willfully blind to his torture, those are factual issues that we lack jurisdiction to review. See id. at 507-08; Kaplun v. Att’y Gen., 602 F.3d 260, 271-72 (3d Cir.2010). Finally, because Clarke failed to appeal to the Board the IJ’s determination that he had been convicted of a particularly serious crime, he did not preserve that issue for our review. See Lin v. Att’y Gen., 543 F.3d 114, 121-(3d Cir.2008). Accordingly, we will deny the petition for review. 1 . The Immigration Judge informed Clarke of his right to counsel, sent Clarke a list of affordable and pro bono attorneys and legal advisors, and gave Clarke two continuances to find counsel. See Leslie v. Att’y Gen., 611 F.3d 171, 182 (3d Cir.2010) (<HOLDING>) (internal quotation marks omitted). 2 . Clarke Options: A. holding that aggravation was warranted where respondent admitted and the referee found that the respondent had lied in correspondence to the pcc B. holding that an immigration judges failure to advise the respondent of the availability of free legal services and to ascertain that the respondent has received a list of such programs invalidates a subsequently entered removal order C. holding that regulations that permitted an immigration official to reinstate removal orders violated the immigration and nationality act D. holding that an interim decision of a court in the resident country was determinative as to whether respondents action represented a wrongful removal because it granted respondent the right to remove the child from germany in the circumstances presented E. holding that since the basis for the respondents order of removal and the denial of relief no longer exists the respondent has presented exceptional circumstances justifying reopening

assistant: The best answer is B. holding that an immigration judges failure to advise the respondent of the availability of free legal services and to ascertain that the respondent has received a list of such programs invalidates a subsequently entered removal order
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 otherwise specifically defined herein, each term used herein (and in the recitals above) which is defined in the Credit Agreement shall have the meaning assigned to such term in the Credit Agreement. Each reference to “hereof,” “hereunder,” “herein,” and “hereby” and each other similar reference and each reference to “this Amendment” and each other similar reference contained in the Credit Agreement shall from and after the date hereof refer to the Credit Agreement as amended hereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower will not directly or indirectly publish, disclose or otherwise use in any public disclosure, advertising material, promotional material, press release or interview, any reference to the name, logo or any trademark of Agent or any Lender or any of their Affiliates or any reference to this Agreement or the financing evidenced hereby, in any case except as required by applicable Law, subpoena or judicial or similar order, in which case Borrower shall endeavor to give Agent prior written notice of such publication or other disclosure. Each Lender and Borrower hereby authorize each Lender to publish the name of such Lender and Borrower, the existence of the financing arrangements referenced under this Agreement, the primary purpose and/or structure of those arrangements, the amount of credit extended under each facility, the title and role of each party to this Agreement, and the total amount of the financing evidenced hereby in any “tombstone”, comparable advertisement or press release which such Lender elects to submit for publication. In addition, each Lender and Borrower agree that each Lender may provide lending industry trade organizations with information necessary and customary for inclusion in league table measurements after the Closing Date. With respect to any of the foregoing, such authorization shall be subject to such Lender providing Borrower and the other Lenders with an opportunity to review and confer with such Lender regarding, and approve, the contents of any such tombstone, advertisement or information, as applicable, prior to its initial submission for publication, but subsequent publications of the same tombstone, advertisement or information shall not require Borrower’s approval.

assistant: Publicity
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 amount payable by Eco to LWE for ethanol that is purchased by Eco pursuant to this Agreement shall be determined as follows (the “ Net Payment ”): The Net Payment for ethanol shall be the Purchase Price set forth in the applicable Accepted Purchase Order less the fee payable by LWE to Eco for the services to be provided by Eco under this Agreement (the “ Marketing Fee ”), which shall be equal to [*] / gallon.

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: to hear evidence pertinent and material to the controversy;" (3) the arbitrators exhibited "evident partiality” or "corruption;” or (4) the arbitrators were guilty of "misconduct in refusing to postpone the hearing, upon sufficient cause shown,” or guilty of "any other misbehavior" that prejudiced the rights of any party. 9 U.S.C. § 10(a). Banco does not argue that any of these other provisions apply. 11 . Banco claims that it is an instrumentality of a foreign state under the FSIA because it is wholly-owned by the government of the Republic of Uruguay. See Pet. Mem. at 5 (citing 28 U.S.C. § 1603). Although MMO insists that "Banco has not set forth adequate grounds to assert that it is a foreign sovereign,” it accepts "for the purposes of this motion only that Banco is an Ur -*3 (<HOLDING>); but see Home Indemnity Co., 1997 WL 773712, Options: A. holding that arbitration panels order requiring defendant to post an interim letter of credit was reviewable award under the faa B. holding that arbitration panel did not violate fundamental fairness when it issued an interim award directing a defendant to post prejudgment security after holding an organizational meeting at which it received considered and discussed the parties statements of issues and heard verbal statements by the parties representatives C. holding that arbitration award is binding on the parties D. holding that faa was inapplicable where parties involved in action are not parties to an arbitration agreement under which issues are referable to arbitration E. holding that the state circuit court did not have the authority to award prejudgment interest for matters occurring prior to arbitration award

assistant: The best answer is B. holding that arbitration panel did not violate fundamental fairness when it issued an interim award directing a defendant to post prejudgment security after holding an organizational meeting at which it received considered and discussed the parties statements of issues and heard verbal statements by the parties representatives
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 and where such evidence may lead to admissible evidence), Opinion, ¶ 52, the jury must be instructed on how it is to evaluate this sort of evidence if such inadmissible evidence comes up in the UTPA trial. ¶82 While the lawyers and the trial judge know that inadmissible evidence will not be allowed into the underlying case on the merits, lay jurors, obviously, do not. For example, it is common knowledge that lay persons conflate criminal liability for a traffic accident-i.e., the issuance of or conviction on a traffic citation-with civil liability or “fault.” Likewise, lay jurors typically believe that a party is not civilly liable or at “fault” if that party was not cited with a traffic offense in the accident. See Smith v. Rorvik, 231 Mont. 85, 90, 751 P.2d 1053, 1056 (1988) (<HOLDING>). ¶83 Therefore, in cases where the insurer has Options: A. holding that generally the question of waiver and estoppel is a question of fact B. recognizing that the preponderance of the evidence is the quantum of proof in civil cases C. holding that because the elements of proof in civil and criminal trials are decidedly different evidence of the issuance or nonissuance of a traffic citation is generally irrelevant to the question of negligence and thus inadmissible in a civil trial D. holding that there is no distinction having any first amendment significance between criminal libel and civil libel or criminal fraud and civil fraud for libelous or fraudulent speech both have no first amendment protection in either the civil or criminal context E. holding that civil rules of pleading not criminal rales apply to traffic offenses punishable by civil forfeiture

assistant: The best answer is C. holding that because the elements of proof in civil and criminal trials are decidedly different evidence of the issuance or nonissuance of a traffic citation is generally irrelevant to the question of negligence and thus inadmissible in a civil trial
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: 960 (7th Cir.2003) (internal citations omitted). Neshewat argues that Salem forfeited the right to appeal this issue to the district court and consequently to this court when he did not file a notice of appeal within 10 days of Judge Sonderby’s order rejecting his “conversion” — a move he thinks was required by Federal Rule of Bankruptcy Procedure 8002. In the proper circumstances, this rule is more than merely procedural; it is jurisdictional. See In re Bond, 254 F.3d 669, 673 (7th Cir.2001). If, for example, Salem had failed to file a notice days of the final order tion, and he could not show “excusable neglect,” then the district court would have had no power to hear Salem’s appeal. See Fed. R. Bankr.P. 8002(c)(2) (permitting short extension of time for “excusable ne 0th Cir.2001) (<HOLDING>); Matter of Kutner, 656 F.2d 1107, 1111-12 (5th Options: A. recognizing that a debt ors sequential filing of a chapter 7 petition and then a chapter 13 petition is the socalled chapter 20 B. holding that the conversion of a chapter 7 petition to a chapter 13 petition was not final until the plan itself was approved C. holding that facts as they existed on the date of the original bankruptcy petition not on the date of conversion from chapter 13 to chapter 7 bankruptcy applied D. holding tort action accruing after original chapter 7 petition not part of estate when case converted to chapter 13 and then back to chapter 7 E. holding that an order striking a standing trustees motion to convert a chapter 13 petition to a chapter 7 is interlocutory not final

assistant: The best answer is B. holding that the conversion of a chapter 7 petition to a chapter 13 petition was not final until the plan itself was approved
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 Committee may specify in an Award Agreement at the time of the Award that the Participant’s rights, payments and benefits with respect to an Award shall be subject to reduction, cancellation, forfeiture or recoupment upon the occurrence of certain specified events, in addition to any otherwise applicable vesting or performance conditions of an Award. Such events shall include, but shall not be limited to, termination of Service for Cause, violation of material Company policies, breach of noncompetition, confidentiality or other restrictive covenants that may apply to the Participant, or other conduct by the Participant that is detrimental to the business or reputation of the Company. The Committee may also specify in an Award Agreement that the Participant’s rights, payments and benefits with respect to an Award shall be conditioned upon the Participant making a representation regarding compliance with noncompetition, confidentiality or other restrictive covenants that may apply to the Participant and providing that the Participant’s rights, payments and benefits with respect to an Award shall be subject to reduction, cancellation, forfeiture or recoupment on account of a breach of such representation. In addition and without limitation of the foregoing, any amounts paid hereunder shall be subject to recoupment in accordance with The Dodd-Frank Wall Street Reform and Consumer Protection Act and any implementing regulations thereunder, any “clawback” policy adopted by the Company or as is otherwise required by applicable law or stock exchange listing condition.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company hereby represents and warrants to the Stockholder that, as of the Closing, the Company has full corporate power and authority to enter into this Agreement and this Agreement constitutes a valid and legally binding obligation of the Company, enforceable in accordance with its terms.

assistant: Representations