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: their burden here. They make interesting—and perhaps even potentially successful arguments—about IFS’s lack of liability in this matter. Among other things, they argue the statute of limitations has run on the Warners’ claims and that the Warners haven’t stated sufficient factual allegations against IFS. But these arguments don’t satisfy the high standards SPS and U.S. Bank acknowledge in their own response to OSC 2. Even though there might be no successful claim against IFS, that doesn’t mean that “no viable cause of action has been stated” and that “there is no factual basis for the claims” against IFS. See Onelum v. Best Buy Stores L.P., 948 F.Supp.2d 1048, 1051 (C.D.Cal.2013) (emphases added); see also Weidman v. Exxon Mobil Corp., 776 F.3d 214, 218 (4th Cir.2015) (emphasis added) (<HOLDING>). Attorneys pleading cases often seek to Options: A. holding that diversity jurisdiction was not established by a statecourt order that provided only that the plaintiffs claims against a nondiverse defendant be and hereby are severed from this action B. holding that a statecourt order providing for severance and separate trials of claims against a diverse defendant and a nondiverse defendant did not permit removal of a plaintiffs claim against the diverse defendant where the claims had not been separately docketed in state court and the plaintiffs claim against the nondiverse defendant had been removed together with the claim against the diverse defendant C. holding that plaintiffs had not fraudulently joined nondiverse defendants where the plaintiffs claims were based on respondeat superior if no cause of action can be stated against the nondiverse defendants for their alleged torts no case exists against defendant new england for example if a statute of limitation has run on a claim against a nondiverse defendant it necessarily has run for new england accordingly the arguments offered by new england to prove fraudulent joinder simultaneously show that no case can be made against the diverse defendant D. holding that were the court to find fraudulent joinder as to a nondiverse defendant on the basis of evidence equally dispositive of the liability of that defendant and a nondiverse defendant a refusal later in the proceedings to give judgment for the diverse defendant on the same grounds in turn would require the court to revisit a ruling that the nondiverse defendant was fraudulently joined E. holding that a nondiverse defendant can be disregarded in the jurisdictional analysis when there is no factual detail at all to support any claims against him

assistant: The best answer is E. holding that a nondiverse defendant can be disregarded in the jurisdictional analysis when there is no factual detail at all to support any claims against him
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: As of the date hereof, the authorized capital stock of the Company consists of: (i) 400,000,000 shares of Common Stock, of which approximately 50,969,150 shares are issued and outstanding; and (ii) 100,000,000 shares of preferred stock, of which approximately 0 are issued and outstanding. Except as disclosed in the SEC Documents, no shares are reserved for issuance pursuant to the Company’s stock option plans, no shares are reserved for issuance pursuant to securities (other than the Note and any other convertible promissory note issued to the Buyer) exercisable for, or convertible into or exchangeable for shares of Common Stock and 47,833,333 shares are reserved for issuance upon conversion of the Note. All of such outstanding shares of capital stock are, or upon issuance will be, duly authorized, validly issued, fully paid and non-assessable. No shares of capital stock of the Company are subject to preemptive rights or any other similar rights of the shareholders of the Company or any liens or encumbrances imposed through the actions or failure to act of the Company. Except as disclosed in the SEC Documents, as of the effective date of this Agreement, (i) there are no outstanding options, warrants, scrip, rights to subscribe for, puts, calls, rights of first refusal, agreements, understandings, claims or other commitments or rights of any character whatsoever relating to, or securities or rights convertible into or exchangeable for any shares of capital stock of the Company or any of its Subsidiaries, or arrangements by which the Company or any of its Subsidiaries is or may become bound to issue additional shares of capital stock of the Company or any of its Subsidiaries, (ii) there are no agreements or arrangements under which the Company or any of its Subsidiaries is obligated to register the sale of any of its or their securities under the 1933 Act and (iii) there are no anti-dilution or price adjustment provisions contained in any security issued by the Company (or in any agreement providing rights to security holders) that will be triggered by the issuance of the Note or the Conversion Shares. The Company has filed in its SEC Documents true and correct copies of the Company’s Certificate of Incorporation as in effect on the date hereof (“Certificate of Incorporation”), the Company’s By-laws, as in effect on the date hereof (the “By-laws”), and the terms of all securities convertible into or exercisable for Common Stock of the Company and the material rights of the holders thereof in respect thereto. The Company shall provide the Buyer with a written update of this representation signed by the Company’s Chief Executive on behalf of the Company as of the Closing Date.

assistant: Capitalization
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 Bennett v. City of Slidell, 735 F.2d 861, 862 (5th Cir.1984), cert. denied, 472 U.S. 1016, 105 S.Ct. 3476, 87 L.Ed.2d 612 (1985). 164 . City of Canton v. Harris, 489 U.S. 378, 389, 109 S.Ct. 1197, 1205, 103 L.Ed.2d 412 (1989); Pembaur v. City of Cincinnati, 475 U.S. 469, 483, 106 S.Ct. 1292, 1300, 89 L.Ed.2d 452 (1986) (plurality); Gonzalez v. Ysleta ISD, 996 F.2d 745, 752-60 (5th Cir.1993); Colle v. Brazos County, 981 F.2d at 245; and Rhyne v. Henderson County, 973 F.2d 386, 392 (5th Cir.1992). 165 . See Esteves v. Brock, 106 F.3d 674, 677 (5th Cir.1997), cert. pending; Colle v. Brazos County, Texas, 981 F.2d at 244-45; Nobby Lobby, Inc. v. City of Dallas, 970 F.2d at 92; Johnson v. Moore, 958 F.2d at 94; Fields v. City of South Houston, 922 F.2d 1183, 1192 (5th Ci D.Tex.1990), (<HOLDING>). 182 . A lawsuit which does not appear Options: A. holding that filing an answer does not invoke the status as a defendant in plaintiffs lawsuit B. holding that default judgment could not be rendered after the defendant had served plaintiff with a copy of a motion to dismiss that had not then been filed C. holding that a default judgment could not be rendered after defendants counsel telephoned plaintiffs attorney to request additional time within which to answer D. holding that a default judgment could not be rendered without satisfying the procedural requirements of rule 55b2 fedrcivp after the defendant had made an appearance in the lawsuit by filing an answer in state court in a case that had been removed to federal court E. holding that after all federal claims had been dismissed if the district court does decline to exercise supplemental jurisdiction these state claims shall be remanded to state court rather than dismissed because this case was originally filed in state court and removed to federal court

assistant: The best answer is D. holding that a default judgment could not be rendered without satisfying the procedural requirements of rule 55b2 fedrcivp after the defendant had made an appearance in the lawsuit by filing an answer in state court in a case that had been removed to federal court
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: At each meeting of the Board or any committee thereof, the Chairman or the chairman of such committee, as the case may be, or, in his or her absence or if there be none, a Director chosen by a majority of the directors present, shall act as chairman. Except as provided below, the Secretary shall act as secretary at each meeting of the Board and of each committee thereof. In case the Secretary shall be absent from any meeting of the Board or of any committee thereof, an Assistant Secretary shall perform the duties of secretary at such meeting; and in the absence from any such meeting of the Secretary and all the Assistant Secretaries, the chairman of the meeting may appoint any person to act as secretary of the meeting. Notwithstanding the foregoing, the members of each committee of the Board may appoint any person to act as secretary of any meeting of such committee and the Secretary or any Assistant Secretary may, but need not if such committee so elects, serve in such capacity.

assistant: Organizations
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: Conduct its business in compliance with the FCPA, the UK Bribery Act 2010, and other similar applicable anti-corruption Laws in other jurisdictions, and maintain policies and procedures designed to promote and achieve compliance with such Laws in all material respects.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will, and will cause each Subsidiary to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence in its jurisdiction of organization and the rights, licenses, permits, privileges and franchises material to the conduct of its business unless the failure to do so could not reasonably be expected to have a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any other provision of the Plan, a Participant’s right or entitlement to exercise or otherwise vest in any Award not exercisable or vested at the time of grant shall only result from continued services as a Non-Employee Director or Consultant or continued employment, as the case may be, with the Company or any Subsidiary or Affiliate, or satisfaction of any other performance goals or other conditions or restrictions applicable, by its terms, to such Award.

assistant: Vesting
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: facts of the case before it. This individualized assessment need not be elaborate or lengthy, but it must provide a rationale tailored to the particular case at hand and adequate to permit meaningful appellate review.”) (internal citations and quotation marks omitted). Turning to the substantive reasonableness of Susi’s sentence, we must consider whether the totality of the circumstances shows that the district court did not abuse its discretion in sentencing Susi to 160 months’ imprisonment on the wire fraud counts. We have previously held that “a sentence located within a correctly calculated guidelines range is presumptively reasonable.” United States v. Abu AlI, 528 F.3d 210, 261 (4th Cir.2008); see Rita v. United States, 551 U.S. 338, 347, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007) (<HOLDING>). However, Susi was sentenced to a term of Options: A. holding that a court of appeals may apply a presumption of reasonableness to a district court sentence that reflects a proper application of the sentencing guidelines B. holding that a court of appeals may afford a presumption of reasonableness to a withinguidelines sentence C. holding that we may apply a presumption of reasonableness to a sentence within the guidelines range D. holding that a court of appeals may presume reasonable a district courts proper application of the sentencing guidelines E. holding that district court may not presume reasonableness of guidelines sentencing range in particular case

assistant: The best answer is A. holding that a court of appeals may apply a presumption of reasonableness to a district court sentence that reflects a proper application of the sentencing guidelines
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 in connection with a transaction permitted under Section 7.9 , each Credit Party will, and will cause each of its Subsidiaries to, at all times preserve and keep in full force and effect its existence and all rights and franchises, licenses and permits material to its business.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: After giving effect to the transactions contemplated under this Agreement (including, without limitation, the acquisition of Pioneer Surgical Technologies), Borrower and its Subsidiaries, taken as a whole, are solvent, are able to pay its debts as they become due, and have capital sufficient to carry on its business and all businesses in which it is about to engage, and now owns Property having a value both at fair valuation and at present fair saleble value greater than the amount required to pay Borrower’s debts. Borrower will not be rendered insolvent by the execution and delivery of this Agreement or any of the other Loan Documents executed in connection with this Agreement or by the transactions contemplated hereunder or thereunder.

assistant: Solvency
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: Id. at 782-83. The pattern requirement was given broader treatment in United States v. Stofsky, 409 F.Supp. 609 (S.D.N.Y.1973), wherein the Court construed § 1962(c) and § 1961 in pari materia with the definition of “pattern of criminal conduct” stated in 18 U.S.C. § 3575, supra. Concluding that § 3575(e) “may be used to cast light on the word ‘pattern’ as used in § 1961,” the Stofsky Court stated: This Court therefore construes the word “pattern” as including a requirement that the racketeering acts must have been connected with each other by some common scheme, plan or motive so as to constitute a pattern and not simply a series of disconnected acts. For other examples of the treatment this issue has been given, see, e. g., United States v. Morris, 532 F.2d 436, 442 (5th Cir. 1976) (<HOLDING>); United States v. Fineman, 434 F.Supp. 189, Options: A. holding that a two month period might be enough to prove the causation prong B. holding that a five month delay was unreasonable C. holding that several rigged card games which occurred over a 19 month period constituted a pattern D. holding that two acts of mail fraud within five months constituted a pattern E. holding over

assistant: The best answer is C. holding that several rigged card games which occurred over a 19 month period constituted a pattern
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 Lenders and the L/C Issuers hereby irrevocably appoints Fifth Third to act on its behalf as the Agent hereunder and under the other Loan Documents and authorizes the Agent to take such actions on its behalf and to exercise such powers as are delegated to the Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Article are solely for the benefit of the Agent, the Lenders and the L/C Issuers, and no Credit Party shall have rights as a third-party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower agrees to pay on demand all reasonable documented out-of-pocket costs and expenses of Agent (including reasonable attorneys’ fees) incurred in connection with the preparation, negotiation, execution, delivery and administration of this Amendment and all other instruments or documents provided for herein or delivered or to be delivered hereunder or in connection herewith. All obligations provided herein shall survive any termination of this Amendment and the Credit Agreement as amended hereby.

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 case excerpt and choose the best holding from the options. Case excerpt: was medically negligent in treating Jacob and that this negligence legally caused Jacob’s injuries, absent a jury finding that Providence’s failure to maintain Jacob’s records was excused. However, the trial court’s failure to apply a rebuttable presumption of causation did not impact the ultimate outcome of this case. The trial court did shift the burden of proof to Providence on the issue of duty and breach and the jury found that Providence had affirmatively established, by a preponderance of the evidence, that it had not been negligent in providing care to Jacob. Because the jury found that Providence was not negligent, the jury never reached the issue of causation. Therefore, the trial court’s error was harmless. See Zoerb v. Chugach Elec. Ass’n, 798 P.2d 1258, 1262 (Alaska 1990) (<HOLDING>); Baker v. Werner, 654 P.2d 263, 267 n. 6 Options: A. holding that even if the trial court had erred in denying the defendants motion for a directed verdict on punitive damages the error was harmless because the jury found in favor of the defendant and never reached the punitive damages claims B. holding a court may not award punitive damages C. holding defendant did not preserve argument regarding element of negligence in tort claim when only causation and punitive damages were raised in directed verdict motion D. holding without discussion of the punitive damages issue that judgment for embezzlement which included actual and punitive damages was nondischargeable E. holding that punitive damages are available in an intentional discrimination action even if the jury does not assess compensatory damages

assistant: The best answer is A. holding that even if the trial court had erred in denying the defendants motion for a directed verdict on punitive damages the error was harmless because the jury found in favor of the defendant and never reached the punitive damages claims
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: Notices and communications hereunder must be in writing and either personally delivered or sent by registered or certified United States mail, return receipt requested, postage prepaid. Notices to the Company must be addressed to Global Payments Inc., 10 Glenlake Parkway, North Tower, Atlanta, Georgia 30328; Attn: Corporate Secretary, or any other address designated by the Company in a written notice to Grantee. Notices to Grantee will be directed to the address of Grantee then currently on file with the Company, or at any other address given by Grantee in a written notice to the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be a contract under the internal laws of the State of New York and for all purposes shall be construed in accordance with the internal laws of the State of New York without giving effect to its principles of conflict of laws.

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 legal provision and list the applicable contract clause categories. Provision: Seller is not a party to any agreement with any finder, broker or consultant, or in any way obligated to any finder, broker or consultant for any commissions, fees or expenses, in connection with the origin, negotiation, execution or performance of this Agreement.

assistant: Brokers
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: shock the conscience of the court and raise the presumption of fraud, unfairness or mistake. In re Stanley Engineering Corp., 164 F.2d 316, 318 (3d Cir.1947). Certainly, despite the lack of statutory direction, the absence of any notice to original bidders, whereby they fail to attend a related public auction sale, would constitute unfairness in the conduct of the sale and justify the setting aside of such a sale. We do not believe, as Mr. Zalevsky suggests, that imposing such a notice requirement oversteps the role of the courts and intrudes upon the domain of the legislature; that original bidders/proposed buyers receive notice of a public auction sale has long been recognized as a prerequisite to a fair judicial sale. See In re Times Sales Finance Corp., 445 F.2d 385 (3d Cir.1971) (<HOLDING>); In re Lamont, 453 F.Supp. 608 (N.D.N.Y.1978); Options: A. recognizing original bidders as parties in interest and upholding bankruptcy court determination that judicial sale be overturned where original bidders did not receive notice major question found to be one of common decency B. holding that the original members of the musical group deep purple had not abandoned the name because they continued to receive royalties from the sale of their original recordings C. recognizing the legal principle that an order of sale is a public document and all bidders as well as other persons are charged with notice of its terms D. holding the sale valid as between the original parties despite noncompliance with the act E. recognizing rule and holding that judgment against original purchaser entered after original purchaser had assigned contract to buy did not establish lien on property

assistant: The best answer is A. recognizing original bidders as parties in interest and upholding bankruptcy court determination that judicial sale be overturned where original bidders did not receive notice major question found to be one of common decency
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that Employee is made a party or threatened to be made a party to any action, suit, or proceeding (a “ Proceeding ”), other than any Proceeding initiated by Employee or the Company related to any contest or dispute between Employee and the Company or any of its subsidiaries, by reason of the fact that Employee is or was a director or officer of, or was otherwise acting on behalf of, the Company, any member of the Company Group, or any other entity at the request of the Company, Employee shall be indemnified and held harmless by the Company, to the maximum extent permitted under applicable law, from and against any and all liabilities, costs, claims and expenses, including any and all costs and expenses incurred in defense of any Proceeding, and all amounts paid in settlement thereof after consultation with, and receipt of approval from, the Company, which approval shall not be unreasonably withheld, conditioned or delayed. Costs and expenses incurred by Employee in defense of such Proceeding shall be paid by the Company in advance of the final disposition of such litigation upon receipt by the Company of: (i) a written request for payment; (ii) appropriate documentation evidencing the incurrence, amount and nature of the costs and expenses for which payment is being sought; and (iii) an undertaking adequate under applicable law made by or on behalf of Employee to repay the amounts so paid if it shall ultimately be determined that Employee is not entitled to be indemnified by the Company under this Agreement. The rights to indemnification and advancement of costs and expenses provided in this Section 26 are not and will not be deemed exclusive of any other rights or remedies to which Employee may at any time be entitled under applicable law, the organizational documents of the Company or any of its subsidiaries, any agreement or otherwise, and each such right under this Section 26 will be cumulative with all such other rights, if any.

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: During the term of this Agreement, Executive shall be entitled to vacation days in accordance with policies as established from time to time by the Corporation Board and/or the Bank Board. Executive shall also be entitled to all paid holidays, sick days and personal days provided by the Bank to its regular full-time employees and senior executive officers.

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: violations of the law, had their applications granted in or around the same time Plaintiffs had their applications denied. Moreover, a number of the examples cited by Plaintiffs involved licensees who had been convicted of crimes unrelated to alcohol and none of the examples involved licensees who had been convicted of alcohol related crimes and who had provided false information on their application. Id. at ¶ 36A. Consequently, Plaintiffs have not stated a claim for violation of their right to equal protection of the law because they have not shown that individuals similarly situated to Plaintiffs were treated differently. See, Vukadinovich v. Board of School Trustees of Michigan, 978 F.2d 403, 414 (7th Cir.1992), cert. denied, — U.S. —, 114 S.Ct. 133, 126 L.Ed.2d 97 (1993) (<HOLDING>) The Court grants Defendants’ Motion to Dismiss Options: A. holding that default judgment could not be rendered after the defendant had served plaintiff with a copy of a motion to dismiss that had not then been filed B. holding that the district court had discretion where plaintiff sought to amend a count that had been dismissed with prejudice C. holding that the plaintiff had not stated a claim for inducement to breach a contract where she had not alleged facts sufficient to show the existence of an enforceable underlying contract D. holding so where the plaintiff alleged that the defendant had colluded to claim falsely that the plaintiffs physician had informed the claims adjuster that the plaintiff had been released to work and where the plaintiff was later discharged from employment and denied workers compensation benefits E. holding that plaintiff had not stated an equal protection claim where plaintiff had not alleged that the defendant treated him differently from anyone else who both had problems with alcohol and had been arrested

assistant: The best answer is E. holding that plaintiff had not stated an equal protection claim where plaintiff had not alleged that the defendant treated him differently from anyone else who both had problems with alcohol and had been arrested
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the indefeasible payment in full of all Secured Liabilities Subordinated Lender shall release the security interest granted to Subordinated Lender pursuant to this Agreement and, except as otherwise provided herein, all of Borrower’s obligations hereunder shall at such time terminate.

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 legal provision and list the applicable contract clause categories. Provision: Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned, in whole or in part, by operation of law or otherwise, by any of the parties without the prior written consent of the other parties hereto and the Majority Directors. Any purported assignment without such prior written consent shall be void. Subject to the preceding sentences, this Agreement will be binding upon, inure to the benefit of, and be enforceable by, the parties and their respective successors and assigns.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: manifestations indicate that he acted with actual awareness of key project-related details — meeting with Dr. Cravens, the equity that Dr. Cravens was going to contribute, the amount of rent that CNDH would pay to the Partnership — but not of emery fact or detail that Lake represented to Dr. Cravens, including his past experience. Attributing Myers with actual awareness of every work-related representation made by Lake simply because Myers was the “boss” is unrealistic, clearly punitive,' and contrary to the jury charge. We hold that the evidence is legally insufficient to support the jury’s answer to question number 7 that Myers .committed statutory fraud against Dr. Cravens. See Woodlands Land Dev. Co,, L.P. v. Jenkins, 48 S.W.3d 415, 426-28 (Tex.App.-Beaumont 2001, no pet.) (<HOLDING>). We sustain this part of the RCP Appellants’: Options: A. holding that because appellant was not under arrest or detained at time he gave officer a false name the evidence was legally insufficient to support his conviction for failure to identify B. holding that evidence was legally insufficient to support statutory fraud finding because appellant was not actually aware of real estate agents misrepresentations C. holding evidence legally insufficient D. holding evidence insufficient to support finding of implied contract E. holding purely hearsay evidence that defendant was aware of requirement to report was insufficient to support finding of willful violation

assistant: The best answer is B. holding that evidence was legally insufficient to support statutory fraud finding because appellant was not actually aware of real estate agents misrepresentations
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, the Non-Compete Agreement, the equity compensation grant agreements required in relation to the grants described in Section 3.3 above, and the agreements described in the attached Exhibits contain the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, correspondence, understandings and agreements between the parties, regarding the subject matter of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company may terminate your employment if you are Disabled. You shall be considered to be “Disabled” if you are unable to perform the essential functions of your then existing position or positions under this Agreement (or are expected, based on a reasonable degree of medical certainty, to be unable to perform such functions) with or without reasonable accommodation for a period of 180 days (which need not be consecutive) in any twelve (12) month period. If any question shall arise as to whether during any period you are Disabled, you may, and at the request of the Company shall, submit to the Company a certification in reasonable detail by a physician selected by the Company to whom you or your guardian has no reasonable objection as to whether you are Disabled and how long any inability to perform essential functions is expected to continue. Such certification shall, for the purposes of this Agreement, be conclusive of the issue. You shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and you fail to submit such certification, the Company’s determination of such issue shall be binding on you. Any determination that you are Disabled and any termination of employment pursuant to this Section 3(e) must be made by vote of the Board. Nothing in this Section 3(e) shall be construed to waive your rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq . and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq.

assistant: Disability
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: is within the exclusive jurisdiction of a district court or a case filed in the district court is within the exclusive jurisdiction of the circuit court, the circuit clerk or a judge of the court where the case was filed shall transfer the case to the docket of the appropriate court, and the clerk shall make such cost and docket fee adjustments as may be required and transfer all case records.” § 12-11-9, Ala.Code 1975. The requirement that a district court transfer an action within the jurisdiction of the circuit court is jurisdictional. § 12-11-9. However, for a district-court order transferring an action to the circuit court to be effective, the circuit court must have exclusive subject-matter jurisdiction over the action. Alexander v. Hawk, 189 So.3d 824, 827 (Ala.Civ.App.2013) (<HOLDING>); Darby v. Schley, 8 So.3d 1011, 1014 Options: A. holding that district court had subjectmatter jurisdiction and yet that judgment void for lack of jurisdiction to render the particular judgment B. holding that a transfer order issued by a district court in another circuit is reviewable only in the circuit of the transferor district court C. holding that because the circuit court did not have subjectmatter jurisdiction over the unlawfuldetainer action the district courts unauthorized transfer of the action could not transfer jurisdiction over that action to the circuit court D. holding that when the district court dismissed rather than transferred a case not within its jurisdiction and a party appealed that dismissal the circuit court could consider only the propriety of the dismissal on appeal and determining that the circuit court lacked jurisdiction on appeal to consider the merits of the action E. holding that when the district court improperly purported to transfer to the circuit court an action over which the circuit court lacked subjectmatter jurisdiction the circuit court was without jurisdiction to enter its judgment which was void and dismissing the appeal from that void judgment

assistant: The best answer is E. holding that when the district court improperly purported to transfer to the circuit court an action over which the circuit court lacked subjectmatter jurisdiction the circuit court was without jurisdiction to enter its judgment which was void and dismissing the appeal from that void 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 case excerpt and choose the best holding from the options. Case excerpt: for money under Section 306(a)(1), including tax liens, so far as the same can be paid out of the proceeds of the property subject to such mortgage or other hen”). 17 . See Tex Prob.Code §§ 319-21 (requiring court approval of all payments in statutory priority, with pro rata payments when assets are deficient). 18 . See id. 50(d)(2). 19 . "The Legislature shall have no power to release the inhabitants of, or property in, any county, city or town from the payment of taxes levied for State or counly purposes, unless in case of great public calamity in any such county, city or town, when such release may be made by a vote of two-thirds of each House of the Legislature.” Tex. Const, art. VIII, § 10. 20 . See Mexia Indep. Sch. Dist. v. City of Mexia, 134 Tex. 95, 133 S.W.2d 118, 122 (1939) (<HOLDING>). 21 .See, e.g., Tex Tax Code § 33.05(a)(2) Options: A. holding that notice to supervisor is notice to city B. recognizing that the court may take judicial notice of its own docket C. holding notice of impending tax sale of property was not reasonably calculated to reach property owner when notice sent via certified letter by state was returned unclaimed and state did not take additional reasonable steps to ensure notice was provided D. holding that cjourts may take judicial notice of facts not subject to reasonable dispute E. holding statute requiring parties in tax suit to take notice of subsequent pleadings was not unconstitutional when city failed to take such notice

assistant: The best answer is E. holding statute requiring parties in tax suit to take notice of subsequent pleadings was not unconstitutional when city failed to take such notice
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: would “deny a legal conclusion that the state court has reached.” 441 F,3d at 1145 (brackets omitted) (quoting Exxon Mobil, 544 U.S. at 293, 125 S.Ct. 1517). Our case involves a state court’s division of property in a divorce rather than an award of child custody. But the principle is equally applicable. While some of Mr. Flanders’s claims are for relief from the state court’s orders themselves, other claims could theoretically proceed independently of the state court’s orders. All of these claims are inconsistent with the divorce court’s orders, but the Rooker-Feld-man doctrine bars only those claims seeking relief from those orders, like the claims seeking relief from the child-custody orders in the Bolden illustration. See Loubser v. Thacker, 440 F.3d 439, 441-42 (7th. Cir. 2006) (<HOLDING>). 2. The Rooker-Feldman doctrine precludes Options: A. holding rookerfeldman did not preclude a federal lawsuit where state court only discussed related claim which was not an issue that was salient to the state court in dicta B. holding that rookerfeldman doctrine barred plaintiffs claim because alleged legal injuries arose from the state courts purportedly erroneous judgment and the relief sought would require the district court to determine that the state courts decision was wrong and thus void C. holding that the apparent denial of the husbands request for an order compelling the wife to deliver to him the personal property he had been awarded in their divorce judgment did not constitute a modification of the original divorce judgment D. holding rookerfeldman doctrine inapplicable to claims that do not require review of a judicial decision in a particular case E. holding that the rookerfeldman doctrine did not preclude a claim for damages based on wrongdoing that had led to an erroneous judgment in a divorce proceeding

assistant: The best answer is E. holding that the rookerfeldman doctrine did not preclude a claim for damages based on wrongdoing that had led to an erroneous judgment in a divorce 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 case excerpt and choose the best holding from the options. Case excerpt: Court of Appeals for the Seventh Circuit stated that “the presumption of reliability that serves as the premise for the public-records exception does not attach to third parties who themselves have no public duty to report.” Jordan v. Binns, 712 F.3d 1123, 1133 (7th Cir. 2013) (refusing to admit “third-party statements contained in a police report”). See also United States v. Morales, 720 F.3d 1194, 1202 (9th Cir. 2013) (“In general, statements by third parties who are not government employees ... may not be admitted pursuant to the public records exception but must satisfy some other exception in order to be admitted.”). Thus, the responses to the questionnaires must themselves fall within one of the exceptions to the hearsay rale. Cf. In re G.Y., 962 P.2d 78, 85 (Utah Ct. App. 1998) (<HOLDING>). Because the Spa does not contend that the Options: A. holding that the confrontation clause of the sixth amendment is not violated by the admission of hearsay statements under the coconspirator exception to the hearsay rule where the defendant was able to confront and crossexamine the witness who claimed that the statements at issue were made B. holding that exclusion of hearsay statements violated due process even though statements were not admissible under mississippi law which did not recognize declarations against penal interest as a exception to the rule against hearsay C. holding that factors used in determining whether hearsay statements are sufficiently reliable to satisfy hearsay exceptions also apply to whether statements have sufficient guarantees of trustworthiness under confrontation clause D. holding that thirdparty statements contained in dcfs caseworker reports constituted hearsay E. recognizing that the united states constitution may require courts to admit exculpatory hearsay statements that do not fall within any recognized hearsay exception

assistant: The best answer is D. holding that thirdparty statements contained in dcfs caseworker reports constituted hearsay
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: (2007). Regardless whether "no contact” was a condition, there is no dispute Coker and Golden failed to meet the condition of changing their living arrangements. 2 . See Shumpert v. City of Fulton, 77 F.3d 474 (5th Cir. 1995) (when relationships outside of marriage occur "between government employees, any right to such relations that might normally exist may be properly tempered by a state's heightened interest in regulating the conduct of its employees.”); Shawgo v. Spradlin, 701 F.2d 470, 483 (5th Cir. 1983) ("we .can ascertain a rational connection between the exigencies of Department discipline and forbidding members of a quasi-military unit, especially those different in rank, to share an apartment or to cohabit”); Mercure v. Van Buren Twp., 81 F.Supp.2d 814, 827 (E.D. Mich. 2000) (<HOLDING>). See also Hughes v. City of N. Olmsted, 93 Options: A. holding that discharge of a police officer for the choice to enter into a relationship with the wife of his superior officer on the force was rational B. recognizing affirmative duty of a police officer to prevent the violation of constitutional rights by another officer C. holding that the initial stop by officer was based on reasonable suspicion that defendant was impersonating a police officer although another officer arrested defendant for privacy act violation D. holding police officer is a public official E. holding that allowing suspect to speak with his wife in the presence of a police officer was not interrogation as it did not fall into any of these categories

assistant: The best answer is A. holding that discharge of a police officer for the choice to enter into a relationship with the wife of his superior officer on the force was rational
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 his cake and eat it too.” Id. at 282. Under basic principles of contract law, “[d]efendants must take the bitter with the sweet.” Id. at 283; see also United States v. Cianci 154 F.3d 106, 110 (3d Cir.1998) (“Under the law of this circuit, [a defendant] cannot renege on his agreement”). “When the government breaches a plea agreement, the general rule is to remand the ease to the district court for a determination whether to grant specific performance or to allow withdrawal of the plea.” United States v. Nolan-Cooper, 155 F.3d 221, 241 (3d Cir.1998). However, “we have allowed for an exception when the circumstances dictate that there is only one appropriate remedy for the defendant.” Williams, 510 F.3d at 427; see, e.g., United States v. Badaracco, 954 F.2d 928, 941 (3d Cir.1992) (<HOLDING>); see also Nolan-Cooper, 155 F.3d at 241 Options: A. holding that the government was not responsible for delay from withdrawal of guilty plea B. holding that permitting withdrawal of the defendants plea would be an empty remedy as he had already served much of his sentence C. holding that defendant was responsible for the delay from the withdrawal of his guilty plea D. holding that prosecution is generally entitled to specific performance or withdrawal of plea following defendants breach but because the government waived its right to withdrawal of plea only the possibility of specific performance remained E. holding that because the defendants challenge to his sentence implicated his plea agreement the defendants request must be construed as a petition for postconviction relief

assistant: The best answer is B. holding that permitting withdrawal of the defendants plea would be an empty remedy as he had already served much of his sentence