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: has engaged in a nationwide, systematic practice of charging and hiding fees and costs without disclosing them to the bankruptcy court and in contravention of Bankruptcy Code provisions, Bankruptcy Rules, Court orders, and the fresh start purpose of chapter 13. If Plaintiffs prove their allegations, the remedy Plaintiffs seek may be “necessary or appropriate to carry out the provisions” of the Bankruptcy Code. Cano, 410 B.R. at 536. In a case in the Northern District of Alabama, Judge Stilson also found that § 105 “would be an appropriate vehicle to bring a claim for fraud on the court because it is necessary for the court to be able to address frauds perpetrated on it.” Holman v. (6th Cir.2000) (same); Yancey v. Citifinancial, Inc. (In re Yancey), 301 B.R. 861 (Bankr.W.D.Tenn.2003) (<HOLDING>). The actions of Wells Fargo, if proven, are a Options: A. holding that no private right of action exists B. recognizing that no private right of action exists for subsection a violations C. holding that a private right of action exists D. holding that no private cause of action exists under 105 for 524 violations E. holding that no private cause of action exists under 105 for fed r bankrp 2016 violations

assistant: The best answer is E. holding that no private cause of action exists under 105 for fed r bankrp 2016 violations
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: will bear the burden of proof at trial. Celotex Corp., 477 U.S. at 322, 106 S.Ct. 2548. Multiple readings of the parties’ briefs and them exhibits make clear that no material fact is in dispute. As such, summary judgment is appropriate. I. Plaintiffs Bad Faith Claim Plaintiff asserts that Defendant acted in bad faith in violation of 42 Pa. Cons.Stat. Ann. § 8371 (2007). To succeed on a bad faith claim, a plaintiff-insured must prove (1) that the insurer did not have a reasonable basis for denying benefits under the policy; and (2) that the insurer knew of or recklessly disregarded its lack of a reasonable basis in denying the claim. Northwestern Mut. Life Ins. Co. v. Babayan, 430 F.3d 121, 137 (3d Cir.2005); Klinger v. State Farm Mut. Auto. Ins. Co., 115 F.3d 230, 233 (3d Cir.1997) (<HOLDING>); Terletsky v. Prudential Prop. & Cas. Ins. Options: A. recognizing the cause of action B. recognizing that discrimination causes injury to the whole community C. recognizing that terletsky established the test for section 8371 causes of action D. recognizing the test set forth in strickland as clearly established law for aedpa purposes E. holding that the scope of section 541 is broad and includes all kinds of property including causes of action

assistant: The best answer is C. recognizing that terletsky established the test for section 8371 causes of action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed manually or by facsimile or pdf by the Parties, in any number of counterparts, each of which shall be considered one and the same agreement and shall become effective when a counterpart hereof shall have been signed by each of the Parties and delivered to the other Party.

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: The Company shall be responsible for the payment of any placement agent’s fees, financial advisory fees, transfer agent fees, DTC (as defined below) fees or broker’s commissions (other than for Persons engaged by any Buyer) relating to or arising out of the transactions contemplated hereby. The Company shall pay, and hold each Buyer harmless against, any liability, loss or expense (including, without limitation, reasonable attorneys’ fees and out-of-pocket expenses) arising in connection with any claim relating to any such payment. Except as otherwise set forth in the Transaction Documents, each party to this Agreement shall bear its own expenses in connection with the sale of the Securities to the Buyers.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree to defend and indemnify tripadvisor and its affiliates and any of their officers , directors , employees and agents from and against any claims , causes of action , demands , recoveries , losses , damages , fines , penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees , brought by third parties as a result of :

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Contractor acknowledges that in the course of the Contractor’s engagement with the Company the Contractor will become familiar with trade secrets and other confidential information concerning the Company and its divisions, subsidiaries and affiliates and that the Contractor’s services will be of special, unique and extraordinary value to the Company and its divisions, subsidiaries and affiliates.

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 case excerpt and choose the best holding from the options. Case excerpt: officers say that Mr. Jones ignored their commands and refused to step back, id. at 17, even though Jones has denied this. Indeed, the officers expressly decline to concede Mr. Jones’ version of the facts, instead “requesting] that this Court review the record and determine the appropriate facts.” Id. at 4 n. 1. In their reply brief, it is true, the officers argue that “even relying on Jones[’] statement of events, probable cause still exists to support his arrest.” Reply Br. at 5. They.drop all references to Mr. Jones’ physical obstruction of the officers and argue that “verbal actions” alone can rise to the level of obstructing police business. Id. at 8-10. But this effort to preserve the officers’ appeal comes too late. Cf. United States v. Campbell, 279 F.3d 392, 401 (6th Cir.2002) (<HOLDING>). And significant factual issues would remain Options: A. holding that reply brief is appropriate forum to rebut new material raised in appellees brief B. holding that we do not consider arguments raised for the first time in a reply brief C. holding that arguments raised for the first time in a reply brief are forfeited D. holding that arguments first raised in appellants reply brief were in answer to those raised in appellees brief and therefore refusing to strike those arguments E. holding that the appellant cannot raise new issues in a reply brief he can only respond to arguments raised for the first time in appellees brief internal quotation marks omitted

assistant: The best answer is E. holding that the appellant cannot raise new issues in a reply brief he can only respond to arguments raised for the first time in appellees brief internal quotation 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 case excerpt and choose the best holding from the options. Case excerpt: a motion for reconsideration “unless the moving party can point to controlling decisions or data that the court overlooked ... that might reasonably be expected to alter the conclusion reached by the court.” Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir.1995); see also Local Civil Rule 6.3 (“There shall be served with the notice of motion a memorandum setting forth concisely the matters or controlling decisions which counsel believes the Court has overlooked.”). Moreover, a party may not use a motion for reconsideration to “relitigate an issue already decided” by advancing novel arguments that could have been raised previously. Shrader, 70 F.3d at 257; see also Kalamas v. Consumer Solutions REO, LLC, 09-CV-5045, 2011 WL 6026303, at *1 (E.D.N.Y. Nov. 30, 2011) (Feuerstein, J.) (<HOLDING>) B. Discussion Plaintiff insists that the Options: A. holding that reconsideration may not be based on evidence and legal arguments that could have been presented at the time of the challenged decision B. holding that only issues not known at the time of the original trial or issues not available on direct appeal may be properly raised through postconviction proceedings C. holding that reconsideration should not be granted where the moving party seeks to introduce additional facts not in the record on the original motion or advances new arguments or issues that could have been raised on the original motion D. holding that plaintiff cannot introduce new allegations or new facts in opposition to a motion to dismiss E. holding that motions for reconsideration are not appropriate if the movant asks the court to hear new arguments or supporting facts that could have been presented originally

assistant: The best answer is C. holding that reconsideration should not be granted where the moving party seeks to introduce additional facts not in the record on the original motion or advances new arguments or issues that could have been raised on the original motion
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: claim. The district court did not apply either Brillhart or Colorado River in its analysis, but did characterize Trans-ocean’s federal suit as “virtually tantamount to a declaratory judgment action. ...” (4/19/06 Order & Reasons at 10.) There was no finding, however, that Transocearis breach of contract claim was frivolous or that it was included solely to prevent application of the more lenient Brillhart standard. See Kelly Inv., Inc. v. Cont’l Common Corp., 315 F.3d 494, 497 n. 4 (5th Cir.2002) (applying Colorado River when claims for coercive relief were not frivolous and there was no evidence they were added solely to avoid Brillhart). Thus, under this court’s precedent, stay of the federal proceedings must be analyzed under Colorado River. See Southwind Aviation, 23 F.3d at 951 (<HOLDING>). A. Colorado River Analysis We turn now to Options: A. holding party in breach could not maintain suit for breach of contract B. holding that colorado river ab stention is inapplicable to actions requesting declaratory relief C. holding that colorado river abstention test is inapplicable where the declaratory judgment act is involved D. holding that because suit requested damages for breach of contract colorado river applied even though district court characterized suit as declaratory judgment action E. holding that the district court could not stay erisa and 1934 act claims under colorado river

assistant: The best answer is D. holding that because suit requested damages for breach of contract colorado river applied even though district court characterized suit as declaratory judgment action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 7.1(e) , there are no actions, suits or proceedings pending (nor, to the knowledge of any Loan Party, are there any actions, suits or proceedings threatened in writing, nor is there any basis therefor known to any Loan Party) against or in any other way relating adversely to or affecting the Borrower, any other Loan Party, any other Subsidiary or any of their respective property in any court or before any arbitrator of any kind or before or by any other Governmental Authority which, (i) could reasonably be expected to have a Material Adverse Effect or (ii) in any manner draws into question the validity or enforceability of the Loan Documents taken as a whole. There are no strikes, slow downs, work stoppages or walkouts or other labor disputes in progress or threatened relating to any Loan Party or any other Subsidiary that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

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 case excerpt and choose the best holding from the options. Case excerpt: 35-50-2-6(a) (Burns Code Ed. Repl.2004) provides that a person who is convicted of a Class C felony shall be imprisoned for a fixed term of four years, with not more than four years added for aggravating circumstances or not more than two years . subtracted for mitigating circumstances. 8 . Welch makes no claim that two of the prior felony convictions relied upon by the trial court to enhance his sentence also supported his habitual offender enhancement. The felonies which supported the habitual offender finding could not standing alone be relied upon as the aggravating factor of a prior criminal record to enhance the sentence. See . McVey v. State, 531 N.E.2d 458, 461 (Ind. 1988); Darnell v. State, 435 N.E.2d 250, 256 (Ind. 1982). But see Jones v. State, 600 N.E.2d 544, 548 (Ind.1992) (<HOLDING>). Regardless, aside from the two felony Options: A. holding that a defendant sentenced as an habitual offender who later successfully challenges one of his predicate offenses may have his habitual offender status and sentencing enhancement vacated through postconviction relief or a motion to correct erroneous sentence B. holding that it is permissible for a trial court to consider the same prior offenses for both enhancement of the instant offense and to establish habitual offender status C. holding our habitual offender act does not limit enhancement to prior felony convictions within a certain time D. holding that under the 1991 version of the habitual offender statute defendant could not receive habitual offender sentence for life felony E. holding that trial court did not abuse its discretion in not allowing defendant to present evidence of his subjective belief regarding his status as habitual offender because his belief was irrelevant to offense of driving as habitual offender

assistant: The best answer is B. holding that it is permissible for a trial court to consider the same prior offenses for both enhancement of the instant offense and to establish habitual offender status
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: over the disposition of plan assets. See 29 U.S.C. § 1002(21)(A)(i); IT Corp. v. Gen. Am. Life Ins. Co., 107 F.3d 1415, 1421 (9th Cir.1997). BCBST argues that it did not have effective control over the disposition of Plan assets because a low balance was maintained in the account it controlled. Deposits were made only in response to BCBST’s notices of the amounts to be drawn on the account the next day, and the resulting checks reduced the account balance to a nominal amount. On this record BCBST maintained sufficient control to qualify as a fiduciary. The case law makes no distinction based on the balances normally maintained in an account. Additionally, because Plaintiffs checked BCBST’s notices only for mathematical errors before transferring funds p. 147, 150 (S.D.N.Y.1997) (<HOLDING>). Here, the only checks that BCBST drew on the Options: A. holding that 7403 requires compensation for every property interest that is taken in the process B. holding that a challenge to part b determinations in an order involving both part a and part b must begin in district court C. holding that interest on float is part of compensation D. holding constitutional a tax on a private citizens interest in housing on government property received as part of the private citizens compensation E. holding that where it was clear up to seven days of float might exist interest on float was contracted for compensation

assistant: The best answer is C. holding that interest on float is part of compensation
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: on appeal as to the correctness of that basis for the judgment of the trial court. “ ‘An argument not made on appeal is abandoned or waived.’ ” Muhammad v. Ford, 986 So.2d 1158, 1165 (Ala.2007) (quoting Avis Rent A Car Sys., Inc. v. Heilman, 876 So.2d 1111, 1124 n. 8 (Ala.2003)). Moreover, it is well settled that, in order to secure a reversal, “the appellant has an affirmative duty of showing error upon the record,” Tucker v. Nichols, 431 So.2d 1263, 1264 (Ala.1983), and that “ ‘[i]t is not the function of this court to search a record on appeal to find evidence to support a party’s argument.’ ” Ellison v. Green, 775 So.2d 831, 833 (Ala.Civ.App.2000)(quoting Brown v. Brown, 719 So.2d 228, 230 (Ala.Civ.App.1998)). See also Soutullo v. Mobile County, 58 So.3d 733, 739 (Ala.2010) (<HOLDING>). Therefore, even if we agreed with ALDOT that Options: A. holding that the failure to raise an issue in the opening brief waives the issue B. holding that failure to include an issue in statement of issues did not bar the appellant from raising the issue in its opening brief C. holding that the failure of the appellant to discuss in the opening brief an issue on which the trial court might have relied as a basis for its judgment results in an affirmance of that judgment D. holding that failure to discuss an issue in an appellate brief constitutes abandonment of that issue E. holding that failure to raise an issue in an opening brief waives that issue

assistant: The best answer is C. holding that the failure of the appellant to discuss in the opening brief an issue on which the trial court might have relied as a basis for its judgment results in an affirmance of that judgment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The consolidated financial statements of the Company included in the SEC Reports comply in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with GAAP applied on a consistent basis during the periods involved, except as may be otherwise specified in such financial statements or the notes thereto, and fairly present in all material respects the consolidated financial position of the Company and its consolidated Subsidiaries taken as a whole as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, year-end audit adjustments. As of the date hereof, there are no disagreements between the Company and its independent accounting firm on any matter of accounting principles or practices, financial statement disclosure, or auditing scope or procedure relating to the Company’s fiscal 2017 audit or otherwise that, if not resolved to the satisfaction of the accounting firm, would result in the accounting firm referencing such disagreement in its audit report for such fiscal year.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you will not , directly or indirectly , export , re-export , provide , or otherwise transfer our services : ( a ) to any individual , entity , or country prohibited by export laws ; ( b ) to anyone on u.s. or non-u.s. government restricted parties lists ; or ( c ) for any purpose prohibited by export laws , including nuclear , chemical , or biological weapons , or missile technology applications without the required government authorizations .

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: ch. 290, § 1, 2001 Tex. Gen. Laws 548, 548-51 (repealed and recodified 2003) (current version at Tex Ins.Code Ann. §§ 541.051-.061). 8 . This subsection defines as unfair and deceptive acts or practices in the business of insurance [m)isrepresenting an insurance policy by: (a) making an untrue statement of material fact; (b) failing to state a material fact that is necessary to make other statements made not misleading, considering the circumstances under which the statements were made; (c) making a statement in such manner as to mislead a reasonably prudent person to a false conclusion of a material fact; (d) making a material misstatement of law; or (e) failing to disclose any matter required by law to be disclosed, including a failure to make disclo .-Corpus Christi 2003, no pet.) (<HOLDING>). Significantly, both Durbin and Alaniz relied Options: A. holding that a reviewing court must address an appellees reply as to preservation of error and an alternative argument in an appellees reply B. holding issues raised for the first time in a reply brief are not properly before this court C. holding that issue raised for the first time in reply brief was waived D. holding that affidavit filed separately from the reply was untimely because it was offered in support of the motion for summary judgment but evidence attached to the reply was properly part of the summaryjudgment evidence because the evidence was offered in reply to nonmovants response E. holding that a contention raised for the first time in a reply brief was waived

assistant: The best answer is D. holding that affidavit filed separately from the reply was untimely because it was offered in support of the motion for summary judgment but evidence attached to the reply was properly part of the summaryjudgment evidence because the evidence was offered in reply to nonmovants response
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 action or the form of relief chosen by the claimant except as provided otherwise in this section.” In contrast, the CGIA was not intended to apply to actions grounded in contract. Berg v. State Bd. of Agric., 919 P.2d 254, 258 (Colo.1996). Because Robinson’s claims here are framed in the pleadings as contractual and quasi-contractual, rather than tort claims, the issue before us is whether these claims “lie in tort or could lie in tort” and are thus ba t must examine the source from which the allegedly breached duty arises). Although the nature of the relief requested is not dispositive on the question of whether a claim lies in tort, the relief requested informs our understanding of the nature of the injury and the duty allegedly breached. See generally Conners, 993 P.2d at 1170-76 (<HOLDING>). We assess the nature of the injury and the Options: A. holding that a negligence claim is not a personal injury tort claim B. holding that there must be a tort distinguishable from or independent of the breach of contract in order for a party to bring a valid claim in tort based on a breach in a contractual relationship C. holding that when the essence of the claim is either negligent or intentional misrepresentation the claim could lie in tort D. holding that although the form of relief alone does not govern the categorization of a claim as a tort or other type of action a trial court must consider the nature of the relief sought to determine whether a particular claim lies in tort or could lie in tort E. holding estoppel claim could not lie in tort where the facts that support the claim could not support a claim for fraud or misrepresentation

assistant: The best answer is D. holding that although the form of relief alone does not govern the categorization of a claim as a tort or other type of action a trial court must consider the nature of the relief sought to determine whether a particular claim lies in tort or could lie in tort
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the res judicata doctrine bars Donald’s action against him. Collateral estoppel, or issue preclusion, “prevents the relitigation of factual issues already decided if the identical issue was determined by a prior final judgment, and the party estopped had a fair opportunity and incentive to litigate the issue in a prior proceeding.” Portland Co., 2009 ME 98, ¶22, 979 A.2d at 1287 (quotation marks omitted). [¶ 19] A party to a current proceeding may assert collateral estoppel defensively to bar the opposing party from relitigating factual issues resolved against it in a prior proceeding and which were decided by a prior final judgment, even though the party asserting collateral es-toppel was not a party to the prior proceeding. See Brewer v. Hagemann, 2001 ME 27, ¶ 8, 771 A.2d 1080, 1033 (<HOLDING>); Hossler v. Barry, 403 A.2d 762, 768 Options: A. holding that the party against whom collateral estoppel is asserted must have been a party to the prior action B. holding that a civil claim is barred by collateral estoppel even though the prior adjudication was in criminal proceedings and the parties are not the same because the matters were actually litigated and decided in the prior trial C. holding that the plaintiff could not show surprise when the plaintiff had received the additional terms from the defendant prior to the agreement D. holding that where the dispositive issue in an administrative proceeding was whether an accident occurred as the plaintiff alleged it did collateral estoppel did not bar litigation of whether the accident was workrelated because that issue had not yet been litigated E. holding that the defendant though not a party to the prior litigation could assert collateral estoppel defensively to preclude the plaintiff from relitigating factual issues that the plaintiff had previously litigated and lost

assistant: The best answer is E. holding that the defendant though not a party to the prior litigation could assert collateral estoppel defensively to preclude the plaintiff from relitigating factual issues that the plaintiff had previously litigated and lost
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 of the Subsidiary Guarantors and each of the Subsidiaries of Loan Parties (i) is a corporation, limited partnership, general partnership, limited liability company or trust duly organized under the laws of its State of organization and is validly existing and in good standing under the laws thereof, (ii) has all requisite power to own its property and conduct its business as now conducted and as presently contemplated and (iii) is in good standing and is duly authorized to do business in each jurisdiction where an Eligible Real Estate Asset owned or leased by it is located (to the extent required by applicable law) and in each other jurisdiction where a failure to be so qualified could have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and manufacturing agreement with BDT.” BDT acknowledges that “Lexmark did not sign such a written agreement.’-’ BDT nevertheless claims that Lexmark breached a contract implied-in-fact to compensate BDT for its purported trade secrets with the understanding that BDT would be compensated if its technology were incorporated into Lexmark’s products. BDT contends that it suffered a “loss of profits from the anticipated agreements with Lex-mark.” Plaintiffs’ claim must fail, however. A contract implied-in-fact is not an “anticipated” contract but rather a true contract that “requires an actual agreement or meeting of the minds although not expressed.” Kellum v. Browning’s Adm’r, 231 Ky. 308, 21 S.W.2d 459, 466 (1929); see also Oliver v. Gardner, 192 Ky. 89, 232 S.W. 418, 420 (1921) (<HOLDING>) (citation omitted). A contract implied-in-fact Options: A. holding that an insurance contract should be construed as a reasonable person in the position of the insured would have understood it and that if the language used in the policy is reasonably susceptible to different constructions it must be given the construction most favorable to the insured B. holding that a sale must be both fair and reasonable in price and made in good faith C. holding that proof must show that both the party rendering the service and the one receiving it expected and understood that compensation would be made D. holding that the opposing party must show substantial harm E. holding to warrant reversal the appellant must show both the error of the ruling and resulting prejudice

assistant: The best answer is C. holding that proof must show that both the party rendering the service and the one receiving it expected and understood that compensation would be made
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: Article titles and headings to Sections herein are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. The language used in this Agreement shall be deemed to be the language chosen by the Parties hereto to express their mutual intent, and no rule of strict construction shall be applied against any Party hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and the issues in the case are matters of public concern”); Padberg v. McGrath-McKechnie, No. CV-00-3355 RJD SMG, 2005 WL 5190385, at *2-*3 (E.D.N.Y. Apr. 27, 2005) (not reported in F.Supp.2d) . (declining to prohibit the release of former Mayor Rudolph Giuliani’s videotaped deposition to the press because of public interest in the case, but prohibiting the parties and their counsel from making improper use of the deposition by selling it or using it for commercial gain); Condit v. Dunne, 225 F.R.D. 113, 119-20 (S.D.N.Y.2004) (declining to prohibit dissemination of the defendant television commentator’s videotaped deposition, in part, because of public interest in a former congressman’s defamation action against the defendant); Flaherty v. Seroussi, 209 F.R.D. 295, 300 (N.D.N.Y.2001) (<HOLDING>). In this case, the individual Appellees are Options: A. holding that the district court did not abuse its discretion when it modified a protective order after settlement to permit public access to pretrial materials in spite of a protective order to the contrary which it viewed as having had been initially justified B. holding that production of documents without seeking a protective order waives the right to such an order unless there is a showing of good cause for the delay C. holding that a former mayor defendant failed to establish good cause for a protective order restricting the use and reproduction of his video deposition based upon the potential for embarrassment before his constituents in light of the public interest in unfettered access to court proceedings particularly when they involve elected officials and the performance of their governmental responsibilities D. holding that a defendant must demonstrate that the governments intrusion upon his relationship with his attorney created a possibility of either injury to his defense or benefit to the government in order to establish a violation of the right to counsel E. holding trial court order denying states petition for an order of public use and necessity for good cause appearing did not constitute a finding of fact or a conclusion of law

assistant: The best answer is C. holding that a former mayor defendant failed to establish good cause for a protective order restricting the use and reproduction of his video deposition based upon the potential for embarrassment before his constituents in light of the public interest in unfettered access to court proceedings particularly when they involve elected officials and the performance of their governmental responsibilities
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: 354 U.S. 515 77 S.Ct. 1373 1 L.Ed.2d 1525 UNITED STATES of America, Plaintiff,v.STATE OF LOUISIANA. No. 11, Original. Argued April 8, 1957. Decided June 24, 1957. Solicitor General J. Lee Rankin, Washington, D.C., for the plaintiff. Messrs. Jack P. F. Gremillion, Atty. Gen., Baton Rouge, La., W. Scott Wilkinson, Sp. Asst. Atty. Gen., Shreveport, La., and Victor A. Sachse, Baton Rouge, La., for the defendant. PER CURIAM. 1 The Court has before it the motions of the United States for judgment and of Louisiana for leave to take depositions. As a result of its consideration of these matters, including the representations made by the State of Texas in its amicus curiae brief, the Court is of the opinion that the issues in this litigation are so related to the possible interests of Texas, and other States situated on the Gulf of Mexico, in the subject matter of this suit, that the just, orderly, and effective determination of such issues requires that they be adjudicated in a proceeding in which all the interested parties are before the Court. 2 Accordingly, to that end, the Court, acting pursuant to Rules 9(2) and (6) of its Revised Rules, Rule 21 of the Federal Rules of Civil Procedure, 28 U.S.C.A. and the general equity powers of the Court, grants leave to each of the States of Alabama, Florida, Mississippi, and Texas to intervene in this suit within 60 days from the date of this opinion, with leave to the United States, within 60 days thereafter, to file an amended or supplemental complaint adding as parties to this suit any of such States as shall not have so intervened. The bringing in of such additional parties shall be without prejudice to the present motions of the United States and Louisiana, subject only to shch terms as justice may require vis-a -vis the additional parties. Meanwhile such motions are continued. 3 Motions continued. 4 The CHIEF JUSTICE and Mr. Justice CLARK took no part in the consideration or decision of this case.

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 legal provision and list the applicable contract clause categories. Provision: (a) None of the execution, delivery, and performance by any Credit Party of this Agreement nor the consummation of the transactions herein contemplated do or will (i) conflict with or result in a breach of, or require any consent (which has not been obtained and is in full force and effect) under (x) any Organizational Document of any Credit Party, (y) subject to Section 13.13 of the Existing Credit Agreement, any applicable Requirement of Law (including, without limitation, any Gaming Law), or (z) any order, writ, injunction, or decree of any Governmental Authority binding on any Credit Party, (ii) constitute (with due notice or lapse of time or both) a default under any such Contractual Obligation, or (iii) result in or require the creation or imposition of any Lien (except for the Liens created pursuant to the Security Documents and other Permitted Liens) upon any Property of any Credit Party pursuant to the terms of any such Contractual Obligation, except with respect to (i)(y) , (i)(z) , (ii) , or (iii) which would not reasonably be expected to result in a Material Adverse Effect; and (b) No Default or Event of Default has occurred and is continuing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties agree that they have waived, and hereby waive, their right to a jury trial with respect to any controversy, claim, or dispute arising out of or relating to this Agreement, or the breach thereof, or arising out of or relating to the employment of the Employee, or the termination thereof, including any claims under federal, state, or local law, and that any such controversy, claim, or dispute shall be heard and adjudicated in the state courts of the State of New York, in Albany County.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: limitations will not commence to run until the contract has been finished.” In the instant case, Freberg was never allowed to deliver a finished product or service to Dr. Robert Thomason. Consequently, up to the date of July 25,1973, the day after Dr. Elizabeth died, Freberg’s cause of action against the Thomasons had not accrued, or in other words, limitations had not begun to run. Indeed, Freberg’s limitations did not begin to run until after he was first prevented from continuing his tasks. See Scott v. Walker, supra. To hold that Freberg’s cause of action accrued after each day’s work would unduly fragment the time of accrual for each of these indivisible tasks. Compare Jones v. Lewis, 11 Tex. 359 (1854); Caldwell v. Jones, 63 S.W.2d 761 (Tex.Civ.App. — Amarillo 1933, writ ref’d) (<HOLDING>); Annot., 99 A.L.R.2d 251, 253 (1965). Options: A. recognizing that generally services that benefit debtor are services that facilitate completion of a case B. holding some evidence existed that physician incurred fees because services had been performed on the physicians behalf C. holding that defendant must prove when the services were rendered to establish that the new value exception applies D. holding that an attorneys cause for services rendered over a period of time accrued when his services had been completely performed E. holding that an attorneys services were personal services rendered or labor done under the predecessor statute to section 38001

assistant: The best answer is D. holding that an attorneys cause for services rendered over a period of time accrued when his services had been completely performed
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: we encourage you to always put safety first , follow applicable traffic regulations , do not change settings on your device while in motion or in unsafe areas and always be vigilant and take stock of your surroundings when exercising .

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: for the Government’s position. The operative question here — whether Nash’s conviction was an adult conviction — was simply not addressed in Orlando-Mena. Admittedly, the court did take a somewhat more holistic approach to analyzing the nature of the conviction, which, at least in part, considered the nature of the sentence. This is consistent with Second Circuit precedent. See United States v. Cuello, 357 F.3d 162, 168-69 (2d Cir.2004) (considering the “substance” of the prior youthful offender adjudication for the purposes of U.S.S.G. § 2K2.1 and concluding it constituted an “adult conviction” because “defendant was indisputably tried and convicted in an adult forum, and [ ] defendant served his sentence in an adult prison”); United States v. Driskell, 277 F.3d 150, 154 (2d Cir.2002) (<HOLDING>). To the extent these cases suggest the nature Options: A. holding that a defendant cannot collaterally challenge a prior conviction used to calculate criminal history points B. holding that an adjudication under new yorks youthful offender statute does not operate as an expungement of the defendants conviction and the conviction may be considered in calculating criminal history C. holding that district courts should look to the substance of the past conviction when determining whether a youthful offender conviction should be considered an adult conviction for the pur poses of including criminal history points under ussg 4a11 and 4a12 D. holding that an aggravated misdemeanor conviction under section 7191 is a felony for purposes of assessing criminal history points under ussg 4a12c E. holding that in determining whether a prior conviction is a violent felony a court generally must look only to the fact of conviction and the statutory definition of the prior offense

assistant: The best answer is C. holding that district courts should look to the substance of the past conviction when determining whether a youthful offender conviction should be considered an adult conviction for the pur poses of including criminal history points under ussg 4a11 and 4a12
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 SECURED PARTY SHALL INDEMNIFY AND HOLD HARMLESS AGENT INDEMNITEES AND ISSUING BANK INDEMNITEES, TO THE EXTENT NOT REIMBURSED BY OBLIGORS, ON A PRO RATA BASIS, AGAINST ALL CLAIMS THAT MAY BE INCURRED BY OR ASSERTED AGAINST ANY SUCH INDEMNITEE; PROVIDED THAT ANY CLAIM AGAINST AN AGENT INDEMNITEE RELATES TO OR ARISES FROM ITS ACTING AS OR FOR AGENT (IN THE CAPACITY OF AGENT); PROVIDED FURTHER THAT NO SECURED PARTY SHALL HAVE ANY OBLIGATION TO INDEMNIFY ANY AGENT INDEMNITEE OR ISSUING BANK INDEMNITEE HEREUNDER TO THE EXTENT THAT SUCH CLAIM IS DETERMINED IN A FINAL, NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO RESULT FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH AGENT INDEMNITEE OR ISSUING BANK INDEMNITEE. In Agent’s discretion, it may reserve for any Claims made against an Agent Indemnitee or Issuing Bank Indemnitee, and may satisfy any judgment, order or settlement relating thereto, from proceeds of Collateral prior to making any distribution of Collateral proceeds to Secured Parties. If Agent is sued by any receiver, trustee or other Person for any alleged preference or fraudulent transfer, then any monies paid by Agent in settlement or satisfaction of such proceeding, together with all interest, costs and expenses (including attorneys’ fees) incurred in the defense of same, shall be promptly reimbursed to Agent by each Secured Party to the extent of its Pro Rata share.

assistant: Indemnifications
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 Company shall (a) violate the provisions of any Laws or rulings of any Governmental Authority applicable to it or of any Material Agreement to which it is a party if that violation alone, or when aggregated with all other violations, would be a Material Adverse Event, (b) violate the provisions of its organizational documents if such violation would cause a Material Adverse Event, or (c) repeal, replace, or amend any provision of its organizational documents if that action would be a Material Adverse Event.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in no way affect and has no bearing on the duration of his federal sentence. There is no need, therefore, for the district court to have made a finding of the likely length of Spiers’ Arkansas state sentence. Finally, Spiers’ argument that the uncertainty of the exact day that his federal sentence will begin renders the sentence infirm simply proves too much. The actual date upon which practically any consecutive sentences will take effect is uncertain. By definition, a consecutive sentence begins when the prior sentence is completed. There are many factors, including the defendant’s behavior during incarceration, the decisions of a parole board, the possibility of an executive pardon or a successful appeal, and even prison conditions, which might determine w , 114 L.Ed.2d 173 (1991) (<HOLDING>). As the district court’s decision to impose a Options: A. holding that a defendant must have notice that the trial court might sentence him to death B. holding that the trial court violated the defendants allocution rights when the court sentenced him without allowing him to offer mitigating remarks C. holding unconstitutional defendants sentence of death based upon the holding in roper supra and remanding for the montgomery circuit court to set aside the defendants death sentence and to sentence him to the only other sentence available life in the penitentiary without the possibility of parole D. holding that if a trial court has rejected death as a possible sentence double jeopardy bars the state from seeking the death penalty at resentencing even where rejection of the death sentence was based on a legal error E. holding that an effective notice of appeal must be filed for this court to have jurisdiction to hear the case

assistant: The best answer is A. holding that a defendant must have notice that the trial court might sentence him to death