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: Judge. 1 . Both parties read A.R.S. § 11-974 as limiting fee and cost awards pursuant to A.R.S. §11-972(A) to condemnation proceedings initiated and abandoned in the course of projects for which "federal financial assistance is to defray all, or part of, the costs____” See A.R.S. § 11-974(A). The parties debate whether any part of the costs of the Sedona sewer extension project was to be federally defrayed within the meaning of the statute. We need not consider the matter of federal funding, however, because we conclude that these condemnation proceedings were not abandoned by the City. In the absence of an abandonment of proceedings, questions of federal funding are immaterial. 2 . See Montgomery County v. McQuary, 26 Ohio Misc. 239, 265 N.E.2d 812, 814 (Ohio Ct. of Common Pleas 1971) (<HOLDING>). 3 . County of Kern v. Galatas, 200 Cal.App.2d Options: A. holding that since defendant failed to timely remove the original complaint which was removable based on federal question jurisdiction defendant thereby waived its right to file a subsequent removal even though the complaint was amended to add a new federal claim where the amendment to the complaint did not change the nature of the action so as to constitute a substantially new suit since the new allegations and claims were not substantially different from those in the original complaint B. holding that amendment of condemnors original complaint to substitute a new and different easement route was tantamount to abandonment of the original proceeding C. holding original complaint was admission where it alleged an accident occurred on a different date than the amended complaint D. holding that the amended complaint could not relate back to the original complaint in which all claims were barred by the statute of limitations E. holding that as a matter of law claim stated in amended complaint did not relate back to original complaint

assistant: The best answer is B. holding that amendment of condemnors original complaint to substitute a new and different easement route was tantamount to abandonment of the original proceeding
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 Award Agreement, and Exhibit A hereto, shall be governed by, interpreted under, and construed and enforced in accordance with the internal laws, and not the laws pertaining to conflicts or choices of laws, of the State of Delaware applicable to agreements made and to be performed wholly within the State of Delaware.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Therefore, the magistrate could not have relied on such information when making the probable cause determination. [¶ 23] When Utvick’s room was searched on June 1, 2002, the officer observed persons in the room attempting to dispose of drugs by flushing in the bathroom, after executing a search warrant without a no-knock provision. While Ut-vick is not alleged to have engaged in this activity, Utvick was the registered guest of the hotel room and was in the company of persons suspected of disposing of evidence. Prior history of destruction of evidence, when detailed in an affidavit for a no-knock search warrant, is not a threshold requirement but may strengthen probable cause to believe evidence will be destroyed. Cf. Mazepink v. Arkansas, 336 Ark. 171, 987 S.W.2d 648, 655 (1999) (<HOLDING>); Henderson, 629 N.W.2d at 624 (holding Options: A. holding that absent consent or exigent circumstances law enforcement officers cannot legally search for the subject of an arrest warrant in the home of a third party without first obtaining a search warrant B. holding that once the scene was secure exigent circumstances no longer existed and the police were required to obtain a search warrant C. holding noknock search warrant unreasonable because no exigent circumstances existed and noting moreover there was no evidence the occupants may have attempted to destroy the evidence by flushing it down the toilet D. holding that officers may detain the occupants of a vehicle while executing a search warrant E. holding no liability existed under the circumstances

assistant: The best answer is C. holding noknock search warrant unreasonable because no exigent circumstances existed and noting moreover there was no evidence the occupants may have attempted to destroy the evidence by flushing it down the toilet
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Term, the Employee shall be entitled to three weeks paid vacation per calendar year (as prorated for partial years) in accordance with the Company’s policy on accrual and use applicable to employees as in effect from time to time.

assistant: Vacations
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 question must be one not readily identifiable without use of the trademark; (2) only so much of the mark or marks may be used as is reasonably necessary to identify the product or service; and (3) the user must do nothing that would, in conjunction with the mark, suggest sponsorship or endorsement by the trademark holder. Downing, 265 F.3d at 994. The doctrine of nominative fair use applies only when the mark is “the only word reasonably available to describe a particular thing.” Abdul-Jabbar, 85 F.3d at 412. “Because it does not implicate the source-identification function that is the purpose of the trademark ... such use is fair because it does not imply sponsorship or endorsement by the trademark holder.” Id.; see Cairns v. Franklin Mint Co., 292 F.3d 1139, 1155 (9th Cir.2002) (<HOLDING>). Where a celebrity’s name is used in a Options: A. holding that no fiduciary duty existed between the plaintiff and defendant because there was no evidence that the parties agreed that defendant would be acting primarily for the benefit of the plaintiffs B. holding that there was no confusion regarding endorsement where the plaintiffs mark was not so closely associated with the plaintiff that any mention would suggest sponsorship or endorsement C. holding that where evidence showed plaintiffs supervisor considered transferring plaintiff the day before she was served with plaintiffs lawsuit there was no causal connection showing that the transfer was retaliatory D. holding that standing at inception of the suit was not established where the note attached to the complaint was not made payable to the plaintiff and contained no endorsement even though the original note endorsed in blank was introduced at trial E. holding that even without explicit disclaimer no endorsement or sponsorship was suggested when there was no evidence in the record that rights holders were associated with the alleged infringers

assistant: The best answer is B. holding that there was no confusion regarding endorsement where the plaintiffs mark was not so closely associated with the plaintiff that any mention would suggest sponsorship or endorsement
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 agrees before, during and after the Agreement Term to indemnify and hold harmless the Executive (and advance him expenses) to the fullest extent permitted by the Company’s and Holdings’ articles of incorporation and/or by-laws, which for the Company and Holdings shall be the articles and by-laws as in effect as of the Effective Date (unless such documents are amended in a manner favorable to the Executive, in which case the Executive shall be afforded the benefits of such amendment), or if greater, in accordance with applicable law for actions or inactions of the Executive as an officer, director, employee or agent of the Company or Holdings or any affiliate or as a fiduciary of any benefit plan of any of the foregoing or as otherwise set forth in the applicable document. The Company also agrees to provide the Executive with directors’ and officers’ liability insurance coverage (obtained by the Company or Holdings) both during and, with regard to matters occurring during, employment or while serving as a director of the Company, Holdings or any affiliate, which coverage will be at a level at least equal to the level being maintained at such time for the then current officers and directors and shall continue until such time as suits can no longer be brought against the Executive as a matter of law.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: however , if you want to deactivate your account you need to take certain specific steps , which are described in our help & learning article entitled `` how do i deactivate my account ? ''

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party may disclose Confidential Information of the other party to the extent such disclosure is reasonably necessary for prosecuting or defending litigation or complying with a court order or applicable law, governmental regulations or investigation, provided that if a party is required by court order, law or regulation (except for disclosure requested or required by the I.R.S.) to make any such disclosure of the other party’s Confidential Information it will give reasonable advance notice to the other party of such disclosure requirement and will use good faith efforts to assist such other party to secure a protective order or confidential treatment of such Confidential Information required to be disclosed.

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: This Agreement shall terminate if the Third Amendment Effective Date has not occurred on or before September 5, 2017 (or such later date as may be agreed to by the Required Lenders in writing (which may be through email)).

assistant: Terminations
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: was either not to be believed in his identification of petitioner or at least very carefully considered in that light. Serious damage to the strength of the State’s case would have been a real possibility had petitioner been allowed to pursue this line of inquiry. In this setting we conclude that the right of confrontation is paramount to the State’s policy of protecting a juvenile offender. Whatever temporary embarrassment might result to Green or his family by disclosure of his juvenile record ... is outweighed by petitioner’s right to probe into the influence of possible bias in the testimony of a crucial identification witness. Davis, 415 U.S. at 317-19, 94 S.Ct. at 1110-12, 39 L.Ed.2d 347. See Olden v. Kentucky, 488 U.S. 227, 109 S.Ct. 480, 102 L.Ed.2d 513 (1988) (per curiam) (<HOLDING>); Delaware v. Van Arsdall, 475 U.S. 673, 679, Options: A. holding that trial courts refusal to allow defendant to impeach victims testimony by crossexamining victim about possible motive to lie deprived defendant of his right to confrontation B. holding that before a defendant is entitled to introduce evidence of the victims character for violence there must be sufficient evidence to support a finding that the victim was the first aggressor and that once the defendant testified that he was attacked and cut by the victim without provocation before using the victims utility tool to stab the victim the defendant was clearly entitled to question the victim about past acts of violence reflected in court documents from the state of oregon C. holding that a proffer of evidence to established a witnesss bias and motive to lie did not preserve a confrontation clause argument because a defendant must specifically articulate that the confrontation clause demands admission of proffered evidence to preserve error on this ground D. holding that a trial courts refusal to allow the defendant to attend the jury view was not prejudicial E. holding that a defendant forfeited his confrontation clause claim by failing to properly preserve it at trial

assistant: The best answer is A. holding that trial courts refusal to allow defendant to impeach victims testimony by crossexamining victim about possible motive to lie deprived defendant of his right to confrontation
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 disclosed in Schedule 3(f), since December 31, 2014, the Company has filed all reports, schedules, forms, statements and other documents required to be filed by it with the SEC pursuant to the reporting requirements of the 1934 Act (all of the foregoing filed prior to the date hereof and all exhibits included therein and financial statements and schedules thereto and documents incorporated by reference therein being hereinafter referred to as the “ SEC Documents ”). As of their respective dates (except as they have been correctly amended), the SEC Documents complied in all material respects with the requirements of the 1934 Act and the rules and regulations of the SEC promulgated thereunder applicable to the SEC Documents, and none of the SEC Documents, at the time they were filed with the SEC (except as they may have been properly amended), contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. As of their respective dates (except as they have been properly amended), the financial statements of the Company included in the SEC Documents complied as to form in all material respects with applicable accounting requirements and the published rules and regulations of the SEC with respect thereto. Such financial statements have been prepared in accordance with generally accepted accounting principles, consistently applied, during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may exclude footnotes or may be condensed or summary statements) and fairly present in all material respects the financial position of the Company as of the dates thereof and the results of its operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments). Except as disclosed in Schedule 3(f) or routine correspondence, such as comment letters and notices of effectiveness in connection with previously filed registration statements or periodic reports publicly available on EDGAR, to the Company’s knowledge, the Company or any of its Subsidiaries are not presently the subject of any inquiry, investigation or action by the SEC.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and the court, after a noticed hearing that Michelle failed to even attend, then ordered restitution in early 2007. ¶ 19 Unlike Alton D., this is not a case in which the juvenile court set a reasonable deadline, or for that matter any time limit, within which a restitution claim had to be submitted. See Alton D., 196 Ariz. 195, ¶¶ 2, 19, 994 P.2d at 403, 406-07. And, unlike the situation in Kevin A., in this ease the juvenile court never indicated that “ ‘restitution [would] be closed’ ” at a certain point in time. Kevin A., 201 Ariz. 161, ¶ 3, 32 P.3d at 1089; see also In re Richard B., 216 Ariz. 127, ¶ 17, 163 P.3d 1077, 1081 (App.2007). Nor did the victim fail to comply with any deadline or other order concerning restitution. Compare Alton D., 196 Ariz. 195, ¶ 19, 994 P.2d at 407 (<HOLDING>), and Kevin A., 201 Ariz. 161, ¶¶ 4, 8, 32 P.3d Options: A. holding that the amount of restitution is limited to the victims actual losses B. holding that when in light of the circumstances of a particular case the court sets a reasonable deadline by which victims must present their restitution claims and supporting evidence any victim who fails to comply is barred from recovery C. holding that a district court cannot order restitution in amounts that will result in the payment to the victim of an amount greater than the victims loss D. holding that court cannot order restitution under the mvra to persons who are not victims of the offenses for which the defendant was convicted E. holding that even though the victim has settled a civil claim and signed a release the state is not barred from seeking or the court from imposing reasonable restitution

assistant: The best answer is B. holding that when in light of the circumstances of a particular case the court sets a reasonable deadline by which victims must present their restitution claims and supporting evidence any victim who fails to comply is barred from recovery
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: have clarified the issue for certiorari if the court had done so here. We hold that the court of appeals did not err in declining to hear oral argument. II., REFUSAL TO ADDRESS THE SUMMARY JUDGMENT ISSUE 120 On certiorari, Brown argues that the court of appeals erred when it refused to address the merits of the trial court's grant of summary judgment and claimed Brown had not adequately briefed the issue in her initial brief. Brown claims that the merits of the summary judgment, in particu s, 105 N.C.App. 499, 415 S.E.2d 201, 203-04 (1992) (denying appellees' motion to dismiss appellants' reply brief because new issues addressed in appellants' reply brief were in response to issues raised in appel-lees' briefs); The Doctors' Co. v. The Ins. Corp. of Am., 864 P.2d 1018, 1028 (Wyo.1993) (<HOLDING>); see also 5 Am.Jur.2d Appellate Review § 559 Options: A. holding argument is waived when raised for first time in reply brief B. holding issue first addressed in appellants reply brief was not waived because it was in response to argument first presented in appellees brief C. holding that an argument raised for the first time in a reply brief is waived D. holding that issue raised for the first time in reply brief was waived E. holding that issue first raised in appellees brief and then answered in appellants reply brief was properly raised for review

assistant: The best answer is B. holding issue first addressed in appellants reply brief was not waived because it was in response to argument first presented in appellees brief
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: registry, and shall mail that check to Dean Vlahos, President of U.S. D.I.D., at 640 Federal Road, Brookfield, CT 06804. SO ORDERED. 1 . Section 1352 provides, in relevant part, that "district courts shall have original jurisdiction, concurrent with State courts, of any action on a bond executed under any law of the United States.” 28 U.S.C. § 1352. 2 . In its supplemental brief, U.S. D.I.D. also renewed its objection to the Court's subject-matter jurisdiction and promised to file a motion to that effect. It never did so. In any event, as stated on the record in the July 30, 2012 telephone conference (July 30, 2012 Tr. 3-4), there is no question that the Court retains jurisdiction to adjudicate entitlement to the bond. See, e.g., Siegelman v. SPA, 925 F.2d 385, 388 (11th Cir.1991) (<HOLDING>); Va. Plastics Co. v. Biostim Inc., 820 F.2d Options: A. holding that the district court possessed ancillary jurisdiction over a dispute concerning the disposition of an injunction bond B. holding that the district court retained jurisdiction to resolve a dispute over an injunction bond even where the underlying dispute had itself been dismissed for lack of subjectmatter jurisdiction C. holding appealable district courts order dismissing for lack of subjectmatter jurisdiction due to determination of exclusive tribal court jurisdiction D. holding that a district court had jurisdiction to impose rule 11 sanctions regardless of the existence of subjectmatter jurisdiction E. holding that district court had subjectmatter jurisdiction and yet that judgment void for lack of jurisdiction to render the particular judgment

assistant: The best answer is B. holding that the district court retained jurisdiction to resolve a dispute over an injunction bond even where the underlying dispute had itself been dismissed for lack of subjectmatter jurisdiction
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 Escrow Agent hereby represents and warrants that this Agreement has been duly authorized, executed and delivered on its behalf and constitutes its legal, valid and binding obligation enforceable in accordance with its terms. Each Agent hereby represents and warrants that the person(s) executing this Agreement and certifying Authorized Representatives in the applicable Schedule I is duly authorized to do so, and that this Agreement has been duly executed and delivered on its behalf and each Authorized Representative of each Agent has been duly and properly authorized to take the actions specified for such person in the applicable Schedule I.

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: that the social history is not. Accordingly, the social history is not discoverable. The court also concludes that the letter is not protected by the psychotherapist-patient privilege because it was disclosed to a third party, and Officer Draper could not have had a reasonable expectation of privacy as to the letter. Accordingly, the court concludes that the letter is discoverable. Conversely, Officer Draper has a reasonable expectation of privacy as to the PTSD interview. Unlike the letter, the PTSD interview was not disclosed to the Ogden City Police Department. Accordingly, the court concludes that the psychotherapist-patient privilege applies to the PTSD interview, and therefore, it is not subject to discovery. See e.g., Caver v. City of Trenton, 192 F.R.D. 154, 162 (D.N.J.2000) (<HOLDING>); Williams v. District of Columbia, No. CIV. A. Options: A. holding that the psychotherapistpatient privilege applied to mandatory postshooting evaluation where no confidential information was disclosed by the psychologist to the police chief but only a yes or no as to whether the officer was fit to return to duty B. holding that the psychotherapistpatient privilege applied where an officer was required to undergo a psychological evaluation after killing a suspect and the psychotherapist merely opined whether the officer was fit to return to duty C. holding that an exception to the general rule applied when counsel asked the court whether its ruling was the final order of the court and the court responded yes D. holding the chief of police was an atwill employee because the parties agreed that the chief of police was an appointed officer and the citys charter stated that officers shall be appointed and may be removed by the mayor with consent of the council E. holding that statements made only to supervisor and chief by police officer were matters of public concern

assistant: The best answer is A. holding that the psychotherapistpatient privilege applied to mandatory postshooting evaluation where no confidential information was disclosed by the psychologist to the police chief but only a yes or no as to whether the officer was fit to return to duty
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In connection with obtaining the Title Policy, Buyer and Seller, as applicable, and to the extent requested by the Title Company, will deliver to the Title Company (a) evidence sufficient to establish (i) the legal existence of Buyer and Seller and (ii) the authority of the respective signatories of Seller and Buyer to bind Seller and Buyer, as the case may be, and (b) an ALTA statement in the form reasonably required by the Title Company.

assistant: Cooperation
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 foregoing indemnity and hold harmless agreement shall include indemnity for all costs, expenses and liabilities (including, without limitation, attorneys’ fees and disbursements) incurred by the Landlord Parties in connection with any such claim or any action or proceeding brought thereon, and the defense thereof. In addition, in the event that any action or proceeding shall be brought against one or more Landlord Parties by reason of any such claim, Tenant, upon request from the Landlord Party, shall resist and defend such action or proceeding on behalf of the Landlord Party by counsel appointed by Tenant’s insurer (if such claim is covered by insurance without reservation) or otherwise by counsel reasonably satisfactory to the Landlord Party. The Landlord Parties shall not be bound by any compromise or settlement of any such claim, action or proceeding without the prior written consent of such Landlord Parties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “ ‘not a strictly mechanical exercise.’ ” Esposito v. Home Depot U.S.A., Inc., 590 F.3d 72, 77 (1st Cir.2009). The somewhat similar circumstances in Esposito, which necessitated a reversal of the district court’s preclusion order provide guidance. Here, as in Esposito, Cunningham’s need for Collins’ testimony is great. Without it, there is no evidence that the water damage was “sudden” within the meaning of the policy. Cunningham bears the underlying burden of showing that the accident falls within the scope of coverage. See New Fed Mortg. Corp. v. National Union Fire Ins. Co. of Pittsburgh, PA, 543 F.3d 7, 11 (1st Cir.2008). Consequently, summary judgment in Acadia’s favor more than likely results absent the inclusion of the affidavit in the summary judgment record. See Id. at 78 (<HOLDING>); see also Cruz-Vazquez v. Mennonite General Options: A. holding that an expert witnesss testimony on an ultimate issue was admissible recognizing that the expert did not specifically testify that the defendant was guilty or that as a matter of law the facts satisfied the applicable legal standard B. holding that the plaintiff was entitled to recover reasonable expert fees for a rehabilitation expert and economist C. holding that an expert that had provided consulting services to the defendant relating to the litigation was not precluded from serving as an expert for the plaintiff D. recognizing that the need for the expert was so great that the decision to preclude the expert effectively amounted to dismissal of case E. holding that expert testimony is unnecessary where the case is not a case in which lay jurors would be unable to grasp the issues without expert assistance

assistant: The best answer is D. recognizing that the need for the expert was so great that the decision to preclude the expert effectively amounted to dismissal of case
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: an analog radio communication system, an add-on radio, or service for analog radios. However, prior to making these purchases, Nextel did not inform them that it would be discontinuing analog service in the area in the immediate future, thereby rendering their equipment useless and obsolete. The plaintiffs also alleged that they were adequate class representatives. In Count I, H & J alleged a cause of action pursuant to the Florida Deceptive and Unfair Trade Practice Act, § 501.201, et seq., Fla. Stat. (1995) [FDUTPA], In Count II, Asphalt alleged a claim for breach of contract. Based on H & J invoking its Fifth Amendment privilege against self-incrimination, the trial court struck H & J as class representative and dismissed its class claims with prejudice, but allo (Fla. 3d DCA 1994)(<HOLDING>). Next, H & J and Asphalt contend that the Options: A. holding that the filing of a class action by a class representative without standing tolls the period of limitations with regard to all asserted members of the class and that the amendment of the complaint by the addition of a class member with standing relates back to the original complaint B. recognizing a narrow class of cases in which the termination of the class representatives claim for relief does not moot the claims of the class members C. holding that the claims of the class representative and class members must be based on the same legal or remedial theory D. holding that in class action the claim or defense of the representative party must be typical of the claim or defense of each member of the class E. holding that to maintain a class action the existence of the class must be pleaded and the limits of the class must be defined with some specificity

assistant: The best answer is D. holding that in class action the claim or defense of the representative party must be typical of the claim or defense of each member of the class
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: for the purposes of our monthly and yearly subscriptions , a month constitutes 30 calendar days , a year constitutes 365 calendar days and two years constitutes 730 calendar days .

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: Count VI (fraud in the inducement to enter into the Strategic Alliance Agreement), Count VII (conversion), Count VIII (tortious interference), Count IX (civil conspiracy), Count X (violation of RICO), and Count XI (declaratory judgment). In Part III.A, we conclude that the district court lacked subject matter jurisdiction over seven of these counts, because Kazakhstan has sovereign immunity against their adjudication in United States courts. ‘ In Part III.B, we conclude that the remaining three counts were properly dismissed pursuant to the act of state doctrine. A We turn first to whether the district court was correct in concluding that it had subject matter jurisdiction over all of World Wide’s claims against Kazakhstan. See In re Papandreou, 139 F.3d 247, 254-56 (D.C.Cir.1998) (<HOLDING>). The FSIA is “the sole basis for obtaining Options: A. holding that the jones act does not preempt state law in applying the doctrine of forum non conveniens and thus state law governs B. holding law of case doctrine is procedural and does not go to jurisdiction of court C. recognizing doctrine D. holding that jurisdiction must be resolved before applying the act of state doctrine because that doctrine is a substantive rule of law E. holding the totten rule requiring dismissal on the ground of public policy like the abstention doctrine or the prudential standing doctrine represents the sort of threshold question we have recognized may be resolved before addressing jurisdiction

assistant: The best answer is D. holding that jurisdiction must be resolved before applying the act of state doctrine because that doctrine is a substantive rule of law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 275 S.W.3d 475 (Tex.2008). The Tyler Court of Appeals determined that “[b]eeause [the healthcare defendant’s] complaint relates to the content of the réport ... the report is deficient, but the deficiency does not render it ‘no report at all.’ ” Id. Therefore, the trial court had discretion to order an extension thus depriving the court of jurisdiction to hear the interlocutory appeal. Id. at 851-52. The Houston Fourteenth, Fort Worth, El Paso, and Dallas Courts of Appeal have all held that they lack jurisdiction to hear an interlocutory appeal when a trial court grants an extension to cure timely served expert reports that healthcare defendants assert are “no report” as to them. Baylor Coll. of Med. v. Pokluda, 283 S.W.3d 110, 115-16 (Tex.App.-Houston [14th Dist.] 2009, no pet.) (<HOLDING>); Scoresby v. Santillan, 287 S.W.3d 319, 321-24 Options: A. holding that where notice of deficiency fails adequately to describe the basis on which the commissioner relies for his deficiency determination burden shifts to the commissioner to prove the accuracy of the deficiency determination B. holding that a second deficiency notice issued for a taxable year was valid where it determined a deficiency in a different type of tax than did the earlier deficiency notice C. holding that any deficiency in failure to object to hearsay did not prejudice defendant when testimony was cumulative of other evidence D. holding that a party is not entitled to pursue a separate action for deficiency judgment where the foreclosure complaint includes a prayer for a deficiency judgment and the foreclosure court reserves jurisdiction to enter a deficiency judgment E. holding no jurisdiction when trial court granted extension because it found deficiency even though it was not same deficiency complained of by appellant in his motion to dismiss

assistant: The best answer is E. holding no jurisdiction when trial court granted extension because it found deficiency even though it was not same deficiency complained of by appellant in his motion to dismiss
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: 44. The court agrees with defendant that if it were to hold a trial to investigate the actual liquidity needs of the Tribe for all 223 months included in fiscal years 1973 through 1992 that have not yet been tried, it is quite likely that in some months the Tribe’s liquidity needs may well have exceeded $25,000 in cash; the court further agrees that Exhibit K to defendant’s Response likely indicates such an occurrence. However, that potential conclusion is irrelevant, because “BIA policy, as presented by defendant at trial, was to invest cash surpluses in excess of $25,000 in CDs or in U.S. T-bills.” Osage II, 72 Fed.Cl. at 667 (citing trial testimony of Charles Reynold Lundelius, Jr., Trial Tr. 2098: 11-25, 2100: 14-21); accord Blankenship v. Boyle, 329 F.Supp. 1089, 1096 (D.D.C.1971) (<HOLDING>). There is simply no evidence that cash and Options: A. holding that the statement of current monthly income was the presumptive amount of projected disposable income but presumption could be rebutted by the debt or upon a showing of substantial change of circumstances B. holding that for abovemedian income debtors projected disposable income calculated on form b22c is the starting point but not the ending point in determining debtors correct minimum obligation and both income and expenses must be determined as of date of confirmation C. holding that because the amount of the debtors obligation to the government exceeded the amount of their income tax refund the refund did not become property of the estate and could not be exempted D. holding that the maintenance of a large amount of cash where income and outgo were constant and where government securities could be redeemed on short notice violated the fiduciary obligation to maximize the trust income by prudent investment E. holding that corporations real estate investment activity was part of its unitary business and thus its portfolio income was correctly included in its apportioned income

assistant: The best answer is D. holding that the maintenance of a large amount of cash where income and outgo were constant and where government securities could be redeemed on short notice violated the fiduciary obligation to maximize the trust income by prudent investment
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 to the extent specified otherwise in this Agreement, each Party will pay its own costs, professional fees and other expenses (including all legal, accounting, broker, lender or investment banking) incurred by it in connection with the transactions contemplated by this Agreement; provided that if any Party institutes any Legal Proceeding against the other Party arising out of or relating to this Agreement, the prevailing Party in such Legal Proceeding shall be entitled to receive, in addition to all other Damages to which it may be entitled to reasonable attorneys’ fees and expenses and court costs incurred by the prevailing party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No term or condition of this Agreement shall be deemed to have been waived except by a statement in writing signed by the party against whom the enforcement of the waiver is sought. The waiver by the Bank of the breach or nonperformance of any provision of this Agreement by Employee will not operate or be construed as a waiver of any future breach or nonperformance under any such provision of this Agreement or any similar agreement with any other employee.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The Virgin Islands Supreme Court relied on two theories in concluding that Kendall’s opinion was a clear and present danger to the fairness of the Ford case. Neither passes muster. According to the Virgin Islands Supreme Court, Kendall’s opinion was punishable because it “called the very integrity of [its mandamus] decision into question” by “blatantly accusing], without proof, the Justices ... of gross dereliction of their sworn duties and of committing illegal acts.” Yet Kendall’s criticism of the decision to issue mandamus — even if it unfairly impugned the Justices’ motives — is simply not enough. His after-the-fact critique “could not affect [the Justices’] ability to [fairly] decide” how to rule on the petition for a writ of mandamus. Pennekamp, 328 U.S. at 348, 66 S.Ct. 1029 (<HOLDING>). And the Virgin Islands Supreme Court’s Options: A. holding that criticism of judicial action already taken even though the cases were still pending on other points or might be revived by rehearings was not enough to satisfy the clearandpresentdanger standard B. holding that reinstatement is prospective even though it contemplated changing the result of an action already taken C. holding that even if the standard for waiver is clear the standard was not met D. holding that a remand should be limited to cases in which further action must be taken by the district court or in which the appellate court has no way open to it to affirm or reverse the district courts action under review E. holding the dismissed defendant was not precluded from obtaining its reasonable attorney fees under 1317201 even though the action was still pending against another defendant

assistant: The best answer is A. holding that criticism of judicial action already taken even though the cases were still pending on other points or might be revived by rehearings was not enough to satisfy the clearandpresentdanger standard
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 issuance and transfer of the Shares will be subject to, and conditioned upon compliance by the Company and Participant with, all applicable federal, state and local laws and regulations and all applicable requirements of any stock exchange or automated quotation system on which the Shares may be listed or quoted at the time of such issuance or transfer.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: From and after the Effective Date, the Administrative Agent shall make all payments in respect of the Assigned Interest (including payments of principal, interest, fees and other amounts) to the respective Existing Lender for amounts which have accrued to but excluding the Effective Date and to each of the New Lenders for amounts which have accrued from and after the Effective Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Section 2(b) of this Agreement, if the Executive’s employment terminates involuntarily but without Cause or voluntarily but for Good Reason within twelve (12) months after a Change in Control, the Bank shall continue or cause to be continued, at the Bank’s expense (no premium costs for the Executive), health, dental and vision insurance coverage substantially identical to the coverage maintained for the Executive before termination and in accordance with the same schedule prevailing before the Executive’s termination of employment. The insurance coverage shall cease upon the earlier of: (i) 12 month anniversary date of the Executive’s termination of employment with the Bank, (ii) expiration of the term of this Agreement, (iii) Executive’s death or (iv) the date the Executive becomes covered (as a full time employee) by another employer’s insurance program.

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: Each of the Administrative Agent, the Class Investors and the Class Agents agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its Affiliates and to its and its Affiliates' respective partners, directors, officers, employees, agents, advisors and representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), (b) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self‑regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by applicable laws or regulations or by any subpoena or similar legal process, (d) among the Administrative Agent and the Bank Investors only, and in respect of Information relating to the Collection Agent's servicing hereunder and the Receivables (including information relating to defaults, delinquencies, collection, payment and/or liquidation rates and concentrations), to any party hereto, (e) in connection with the exercise of any remedies hereunder or under any other Transaction Document or any action or proceeding relating to this Agreement or any other Transaction Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or participant in, or any prospective assignee of or participant in, any of its rights or obligations under this Agreement or (ii) any potential Bank Investor, any related commercial paper issuer that finances a Class Conduit or any related Program Support Provider, (g) solely in respect of Information relating to the Collection Agent's servicing hereunder and the Receivables (including information relating to defaults, delinquencies, collection, payment and/or liquidation rates and concentrations), to any nationally recognized statistical rating organization in compliance with Rule 17g-5 under the Securities Exchange Act of 1934 (or to any other rating agency in compliance with any similar rule or regulation in any relevant jurisdiction), (h) with the consent of the Collection Agent or the Transferor or (i) to the extent such Information (x) becomes publicly available other than as a result of a breach of this Section or (y) becomes available to the Administrative Agent, any Class Investor, Class Agent or any of their respective Affiliates on a nonconfidential basis from a source other than the Collection Agent or the Transferor.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: On the Closing Date, after giving effect to the Transactions and the incurrence of the Indebtedness and obligations being incurred in connection with this Agreement and the Transactions, the Borrower and its Restricted Subsidiaries, taken as a whole, are Solvent.

assistant: Solvency