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: prohibition,” but rather "viewed the San Diego ordinance as a total ban on billboards because it believed that the ordinance would have the practical effect of eliminating the billboard industry in San Diego and thereby would eliminate billboards as an effective medium of communication.” Rappa, 18 F.3d at 1058. Because of these sharp differences, neither opinion has any controlling precedential force. 11 . We note that the Dimmitt/Metromedia-plu-rality approach is consistent with the prevailing approach among other Circuits. See, e.g., Nat’l Adver. Co. v. Town of Niagara, 942 F.2d 145, 147 (2d Cir.1991) (observing that the Second Circuit "has adopted the plurality decision in Metromedia concerning billboard regulation”); Nat’l Adver. Co. v. Town of Babylon, 900 F.2d 551 (2d Cir.1990) (<HOLDING>); Gilleo v. City of Ladue, 986 F.2d 1180 (8th Options: A. holding that an ordinance exempting certain signs from a general sign ban was an unconstitutional contentbased restriction on speech B. holding that prohibiting external illumination of political signs while allowing it for other signs was an unconstitutional contentbased restriction since the message on the sign determines whether or not it may be externally illuminated C. holding ban on newsracks to be contentbased because determining whether a newsrack fell within ban required reference to a publications content D. holding that restriction on government employee speech was unconstitutionally vague E. holding that strict scrutiny applies to a prior restraint enforcing a contentbased restriction on speech in a traditional public forum

assistant: The best answer is A. holding that an ordinance exempting certain signs from a general sign ban was an unconstitutional contentbased restriction on speech
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: when a mortgage loan is discharged, satisfied; or recorded. On the other hand, the Plaintiffs contend that the Disputed Fees charged for attorney document preparation, satisfaction, recording and faxing fall squarely in the examples provided by the statute and regulation. The law regarding whether the provisions of RESPA apply beyond the inception of a mortgage is not settled in the Second Circuit. Under facts similar to this case, the Ninth Circuit Court of Appeals affirmed the dismissal of a complaint that alleged a RESPA violation for fees that were assessed at the time repayment of the loan was complete. Bloom v. Martin, 77 F.3d 318, 320 (9th Cir.1996); see also Greenwald v. First Fed. Sav. & Loan Ass’n, 446 F.Supp. 620, 625 (D.Mass.1978), aff'd, 591 F.2d 417 (1st Cir.1979) (<HOLDING>). This bright-line rule, limiting the scope of Options: A. holding that a mortgage or modification of a mortgage is not a good or a service under the dtpa B. holding that interest payments on escrow accounts are not a settlement practice under re spa because they can continue long after the closing of the mortgage transaction and which can continue to occur during the entire life of the mortgage C. holding that foreclosure of prior mortgage extinguished second mortgage D. holding that the note and the mortgage must coexist to give the mortgage validity E. holding that the owner of an equitable interest in property in the form of a land contract can grant a mortgage on that interest under ohio law

assistant: The best answer is B. holding that interest payments on escrow accounts are not a settlement practice under re spa because they can continue long after the closing of the mortgage transaction and which can continue to occur during the entire life of the mortgage
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 following provisions shall survive the expiration or termination of this Agreement: Articles 4, 5 and 6; Sections 1.2, 1.4, 1.5, 7.4 through 7.10, and this Section 3.3.

assistant: Survival
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: thus, she still had a little over a month to complete her case plan. The report also did not state why permanent guardianship would be in the best interest of the child. Because DCFS failed to notice the mother regarding a permanent guardianship hearing, we find DCFS failed to comply with the statute and due process. See A.L. v. Dep’t of Children & Families, 53 So.3d 324, 328 (Fla. 5th DCA 2010) (“The procedures utilized in a dependency action must comport with due process principles.”). However, even if we could construe the judicial review social services report as providing proper notice, the mother was still denied due process because the October 27, 2011, hearing was not an evidentia-ry hearing. See T.H. v. Dep’t of Children & Family Servs., 928 So.2d 1291, 1294 (Fla. 2d DCA 2006) (<HOLDING>). Although DCFS argues that all parties and Options: A. holding that when a parent asserts that an agreement is not in the best interests of a child the trial court must hold an evidentiary hearing B. holding that the magistrates recommended order terminating temporary supervision and placing the child in permanent guardianship was not supported by competent substantial evidence because the magistrate failed to hold an evidentiary hearing and that the failure to hold an evidentiary hearing violated the fathers due process rights C. holding that defendants waived any challenge to the trial courts failure to hold an evidentiary hearing D. holding that when parent asserts that agreement is not in best interests of child trial court must hold evidentiary hearing E. holding a coa applicant forfeited a claim of error in district courts failure to hold an evidentiary hearing by not seeking a hearing in his 2254 proceeding

assistant: The best answer is B. holding that the magistrates recommended order terminating temporary supervision and placing the child in permanent guardianship was not supported by competent substantial evidence because the magistrate failed to hold an evidentiary hearing and that the failure to hold an evidentiary hearing violated the fathers due process rights
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: Tenant and Landlord each represent and warrant to the other that neither has had any dealings or entered into any agreements with any person, entity, broker or finder other than Chris Jacobs of CBRE, Inc., as Landlord’s broker, in connection with the negotiation of this Second Amendment, and no other broker, person, or entity is entitled to any commission or finder's fee in connection with the negotiation of this Second Amendment, and Tenant and Landlord each agree to indemnify, defend and hold the other harmless from and against any claims, damages, costs, expenses, attorneys' fees or liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings, actions or agreements of the indemnifying party.

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: likely to be given to minorities because cocaine base is less expensive than cocaine powder. Thus, minorities are disparately impacted. Miller draws support from a Minnesota state district court case which held that a Minnesota statute imposing more severe penalties on individuals convicted of offenses involving cocaine base than those involving cocaine powder violated the equal protection clause of the United States Constitution because of its disparate impact on blacks. See Minnesota v. Russell, No. 89067067, Order (4th Judicial District Dec. 27, 1990); Minnesota v. Russell, No. 89067067, Supplemental Findings of Fact and Conclusions of Law (4th Judicial District Jan. 29, 1991). Miller’s due process claim is without merit. United States v. Buckner, 894 F.2d 975, 978-80 (8th Cir.1990) (<HOLDING>). Miller’s equal protection argument, which we Options: A. holding 1001 ratio is rationally related to objective of protecting public welfare because cocaine base is more dangerous to society than cocaine powder B. holding that sentencing disparity between crack and powder cocaine is constitutional C. holding that 841bls mandatory minimum provisions were rationally related to the objectives of protecting public health and welfare D. holding that the term cocaine base in 21 usc 841b1 refers to cocaine in its chemically basic form which includes but is not limited to crack cocaine E. holding that district court did not err in determining that cocaine base was crack cocaine based on chemical analysis identifying cocaine base together with competent lay testimony bridging the evidentiary gap between cocaine base and crack cocaine and refusing to require showing of smokeability ie water solubility or melting point for purposes of establishing crack cocaine under the guidelines since smokeability distinguishes cocaine base from powder cocaine not from crack

assistant: The best answer is A. holding 1001 ratio is rationally related to objective of protecting public welfare because cocaine base is more dangerous to society than cocaine powder
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: booking.com does not accept nor assume any domicile at any place , location or office in the world ( also not at the office of its support companies ) , other than its registered office in amsterdam .

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: in his concurring opinion in Crawford when he said “To its credit, the Court’s analysis of ‘testimony’ excludes at least some hearsay exceptions, such as business records and official records. See Ante at 56 [124 S.Ct. 1354].” By way of background, in United States v. Figueroa, an unpublished opinion appearing at 2000 WL 963346 (10th Cir.2000) which predated Crawford, we spoke as follows: FN5. Figueroa suggests in his brief that the warrant of deportation or removal which stated that an INS agent had witnessed the deportation in 1997 was not sufficient evidence that he had been deported in 1997. Other courts have found that this warrant is admissible in trial as proof that a defendant was arrested and deported. See United States v. Quezada, 754 F.2d 1190, 1193-94 (5th Cir.1985) (<HOLDING>); United States v. Hernandez-Rojas, 617 F.2d Options: A. holding that warrant of deportation is admissible hearsay under fed revid 8038b to prove defendant was deported B. holding that fulltime forensic chemists employed by texas department of public safety were lawenforcement personnel whose reports were not admissible under publicrecord hearsay exception rule 8038b or businessrecord hearsay exception rule 8036 C. holding that an internal investigative report which included multiple hearsay statements based on interviews with employees was admissible as a party admission under 801d2d concluding that 801d2d does not require anything else along the lines of internal verification of the reports contents but ruling that the report could have been properly excluded under fed revid 403 for lack of trustworthiness based on the absence of any factual content in the hearsay statements D. holding exception set forth in rule 8038b was inapplicable to warrant of deportation where notation that alien was deported was ministerial objective observation with inherent reliability because of the governments need to keep accurate records of the movement of aliens E. holding that fulltime forensic chemists employed by texas department of public safety were lawenforcement personnel whose reports were not admissible under either the publicrecord hearsay exception rule 8038b or the businessrecord hearsay exception rule 8036

assistant: The best answer is A. holding that warrant of deportation is admissible hearsay under fed revid 8038b to prove defendant was deported
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: finally determined the Ramsey prices for each combination. While its description of this process is, charitably speaking, rather opaque, it appears that this involved finding the optimum total cost (including operating costs and incremental and fixed air traffic services costs) for each combination based on the demand elasticity and the difference between price and incremental cost. Subtracting out the operating costs yielded the “Ramsey price” for each category, including both incremental and fixed costs. Significantly, the study noted that “[t]he allocation of those common and fixed costs depends heavily on the overall flight cost. As the price of air traffic services becomes a smaller fraction of total costs, the optimization will assign a higher Ramsey price to higher cost flights (<HOLDING>).” GRA Study at 51. Finally, the Ramsey prices Options: A. holding that all newly declared rules must be applied retroactively to all criminal eases pending on direct review B. holding all else constant C. holding the right of free speech is not absolute at all times and under all circumstances D. holding that the petition must be signed by all defendants or the signer mustallege consent of all defendants E. holding that a determination of unfair discrimination requires a court to consider all aspects of the case and the totality of all the circumstances

assistant: The best answer is B. holding all else constant
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: linden lab may assign this agreement , in whole or in part , and all related rights , licenses , benefits and obligations , without restriction , including the right to sublicense any rights and licenses under this agreement .

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: Borrower has received consideration that is the reasonable equivalent value of the obligations and liabilities that Borrower has incurred to Agent and the Lenders. Borrower is not insolvent as defined in any applicable state, federal or relevant foreign statute, nor will Borrower be rendered insolvent by the execution and delivery of the Loan Documents to Agent and the Lenders. Borrower is not engaged or about to engage in any business or transaction for which the assets retained by it are or will be an unreasonably small amount of capital, taking into consideration the obligations to Agent and the Lenders incurred hereunder. Borrower does not intend to, nor does it believe that it will, incur debts beyond its ability to pay such debts as they mature.

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 legal provision and list the applicable contract clause categories. Provision: The Executive shall be entitled to participate in all fringe benefit programs that the Company established and makes available to its employees, if any, in accordance with such terms of such programs. The Executive shall be entitled to four (4) weeks paid vacation per year, to be taken at such times as may be approved by the Chief Executive Officer. Nothing contained herein shall be construed to limit the time the Company’s ability to amend, suspend, or terminate any fringe benefit program at any time without providing the Executive notice, and the right to do so expressly reserved.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement shall terminate automatically without any further action of the parties on the first to occur of (a) the termination of the SPA in accordance with its terms and (b) the Closing or, if earlier, on the mutual written consent of the parties hereto. In addition to the foregoing, Stockholder shall have the right to terminate this Agreement if the terms and conditions described in the SPA or in any of the exhibits attached thereto are modified in any manner the result of which requires the Company to seek stockholder approval for such modification. Notwithstanding the foregoing, (i) nothing herein shall relieve any party from liability for breach of this Agreement before termination in accordance with Section 4 and (ii) the provisions of this Section 4 and Section 5 of this Agreement shall survive any termination of this Agreement.

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: The Executive agrees that he will not at any time, either during the Employment Term or thereafter, divulge to any person, firm or corporation any information obtained or learned by him during the course of his employment with the Company, with regard to the operational, financial, business or other affairs of the Company and its affiliates, and their respective officers and directors, including, without limitation, trade secrets, customer lists, sources of supply, pricing policies, operational methods or technical processes, except (i) in the course of performing his authorized duties hereunder, (ii) with the Company's express written consent; (iii) to the extent that any such information is lawfully in the public domain other than as a result of the Executive's breach of any of his obligations hereunder; or (iv) where required to be disclosed by court order, subpoena or other government process. In the event that the Executive shall be required to make any disclosure pursuant to the provisions of clause (iv) of the preceding sentence, the Executive promptly, but in no event more than 48 hours after learning of such subpoena, court order, or other government process, shall notify the Company, by personal delivery or by fax, confirmed by mail, to the Company and, if the Company so elects and at the Company's expense, the Executive shall: (a) take all reasonably necessary steps requested by the Company to defend against the enforcement of such subpoena, court order or other government process, and (b) permit the Company to intervene and participate with counsel of its choice in any proceeding relating to the enforcement thereof.

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 case excerpt and choose the best holding from the options. Case excerpt: arbitration made under Section 2(b); (3) An order confirming or denying confirmation of an award; (4) An order modifying or correcting an award; (5) An order vacating an award without directing a rehearing; or (6) A judgment or decree entered pursuant to the provisions of this act. (b) An appeal under this section shall be taken as from an order or a judgment in a civil action. 26 . HRS § 658A-28 is adopted verbatim from the RUAA. The RUAA section governing appeals provides as follows: § 28 Appeals. (а) An appeal may be taken from: (1) An order denying a [motion] to compel arbitration; (2) An order granting a [motion] to stay arbitration; (3) An order confirming or denying confirmation of an award; (4) An order modifying or correcting an award; (5) An o o.2d 147, 148-49 (Fla.App.1973) (<HOLDING>); Fayette Cnty. Farm Bureau Fed'n. v. Martin, Options: A. holding that an order compelling arbitration is not immediately appealable because it is not final and because it is not listed in the uaa appeals provision B. holding that an order remanding an arbitration award is not a final appealable order when the order does not also vacate the arbitration award C. holding that an order granting a motion or application to compel arbitration is nonappealable because it is not listed in the uaa arbitration provision and because it is not a final order D. holding that an order compelling arbitration is not appealable because it is not listed in the uaa statute and because it is not final E. holding that orders compelling arbitration are not appealable not because of the uaa appeals provision but because it has been definitely settled by the supreme court of this state that an order compelling arbitration is not final and therefore is not appealable

assistant: The best answer is C. holding that an order granting a motion or application to compel arbitration is nonappealable because it is not listed in the uaa arbitration provision and because it is not a final order
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Maker hereby consents to the jurisdiction of any state or federal court located i n the County of New York, State of New York, and, to the extent permitted by applicable law, waives any objection based on venue or forum non conveniens with respect to any action instituted in any such court and agrees that process in any such action will be sufficient if served on the Maker by certified mail, return receipt requested or in any manner provided by law. Notwithstanding the foregoing, the holder of this Note shall have the right to bring any action or proceeding against the Maker or Maker ’ s p roperty in the courts of any other jurisdiction such holder deems necessary or appropriate in order to enforce the obligations of the Maker under this Note.

assistant: Consent To 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: This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. Any dispute arising between the parties relating in any manner to this Agreement shall be brought in a federal or state court located in Seattle, Washington.

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: This Escrow Agreement contains the entire agreement of the parties hereto with respect to the subject matter hereof and, except as expressly provided herein, may not be changed or modified except by an instrument in writing signed by the Buyer, the Members, Belani and the Escrow Agent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to” an employee benefit plan and, consequently, be preempted, even though the state law’s effect on benefit plans is only incidental. Ingersoll-Rand, 498 U.S. at 139, 111 S.Ct. 478. These cases, where the state law’s effect on ERISA-encompassed employee welfare benefit plans, are the more difficult types of cases to ascertain the proper outcome. Further adding to the confusion is the fact that despite Congress’s intention that ERISA cut a wide swath of preemption through state laws, the Supreme Court has recognized certain limitations: “Some state actions may affect employee benefit plans in too tenuous, remote, or peripheral a manner to warrant a finding that the law ‘relates to’ the plan.” Shaw, 463 U.S. at 100 n. 21, 103 S.Ct. 2890; see also Mackey, 486 U.S. at 841, 108 S.Ct. 2182 (<HOLDING>). Thus, the Court’s decisions do not provide a Options: A. holding that federal common law of erisa preempts state law in the interpretation of erisa benefit plans B. holding that a specific provision of georgias garnishment statute was preempted by its express reference to erisa plans but at the same time refusing to extend erisa preemption to georgias entire garnishment procedure C. holding that a georgia garnishment statute that solely applied to erisa employee benefit plans was preempted D. holding florida exemption statute for employee benefit plans was not preempted by erisa due to savings clause E. holding that erisa did not preempt a states general garnishment statute even when applied to collect judgments against plan participants

assistant: The best answer is B. holding that a specific provision of georgias garnishment statute was preempted by its express reference to erisa plans but at the same time refusing to extend erisa preemption to georgias entire garnishment procedure
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 represents the entire agreement and understanding between the parties as to the subject matter herein and supersedes all prior or contemporaneous agreements whether written or oral. No waiver, alteration, or modification of any of the provisions of this Agreement will be binding unless in a writing that specifically references this Section and is signed by duly authorized representatives of the parties hereto.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 479 U.S. 84 107 S.Ct. 390 93 L.Ed.2d 325 Vincent T. CERBONE, Justice of the Village Court, Village of Mt. Kisco, New York, et al., petitioners,v.Lynn H. CONWAY No. 84-1947 Supreme Court of the United States November 17, 1986 On writ of certiorari to the United States Court of Appeals for the Second Circuit. PER CURIAM. 1 The writ of certiorari is dismissed as improvidently granted.

assistant: 9
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision hereof should be held invalid, illegal or unenforceable in any respect in any jurisdiction, the Parties hereto will substitute, by mutual consent, valid provisions for such invalid, illegal or unenforceable provisions, which valid provisions in their economic effect are sufficiently similar to the invalid, illegal or unenforceable provisions that it can be reasonably assumed that the Parties would have entered into this Agreement with such valid provisions. In case such valid provisions cannot be agreed upon, the invalid, illegal or unenforceable of one or several provisions of this Agreement will not affect the validity of this Agreement as a whole, unless the invalid, illegal or unenforceable provisions are of such essential importance to this Agreement that it is to be reasonably assumed that the Parties would not have entered into this Agreement without the invalid, illegal or unenforceable provisions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All of the direct and indirect subsidiaries of the Company are set forth on Schedule 3.1(a) . The Company owns, directly or indirectly, all of the capital stock or other equity interests of each Subsidiary free and clear of any Liens and any restrictions on issuing dividends to the Company, and all of the issued and outstanding shares of capital stock of each Subsidiary are validly issued and are fully paid, non-assessable and free of preemptive and similar rights to subscribe for or purchase securities.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Buyer is a business corporation duly organized and validly existing under the laws of the British Virgin Islands. Buyer has full power and authority to execute and deliver this Agreement and the Ancillary Agreements to which it is a party, to perform its obligations hereunder and thereunder and to consummate the transactions contemplated hereby and thereby. The execution and delivery of this Agreement and the Ancillary Agreements to which it is a party, the performance of Buyer’s obligations hereunder and thereunder and the consummation of the transactions contemplated hereby and thereby have been duly and validly authorized by all necessary proceedings on the part of Buyer. This Agreement has been, and as of the Closing all of the Ancillary Agreements to be delivered by Buyer will be, duly executed and delivered by Buyer, and, assuming (except in the case of the Convertible Note) the due execution of Seller and any other parties thereto (other than Buyer), constitutes (or will constitute) the valid and legally binding obligation of Buyer, enforceable against Buyer in accordance with their terms, subject to (i) bankruptcy, insolvency, reorganization, fraudulent transfer, rehabilitation, receivership, moratorium or other similar laws affecting the enforcement of creditors’ rights generally, and (ii) general principles of equity (regardless of whether enforcement is sought in a proceeding at law or in equity).

assistant: Authorizations
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: nature of a motion to reopen the proceedings, the BIA did not abuse its discretion in denying the motion. First, Yu failed to provide any support for her claim that the service agency she employed acted fraudulently in filing her brief on appeal to the BIA. Second, as the BIA correctly explained, the arguments raised in Yu’s brief on appeal were not the sole bases for the IJ’s adverse credibility finding. Yu failed to offer any new evidence to refute the IJ’s finding that she was not credible. See 8 C.F.R. § 1003.2(c)(1) (“A motion to reopen proceedings shall state the new facts that will be proven at a hearing to be held if the motion is granted and shall be supported by affidavits or other evidentiary material.”); Kaur v. Board of Immigration Appeals, 413 F.3d 232, 234 (2d Cir.2005) (<HOLDING>). For the foregoing reasons, the petition for Options: A. holding that there was no new and material evidence to reopen claim where newly presented evidence was not accompanied by any medical evidence indicating a nexus to service B. holding petition seeking review of motion to reopen deportation hearing in the absence of new evidence as without merit under 1927 since petitioner was not entitled to reopen except on showing of significant new evidence C. holding that material submitted by appellant that is cumulative of evidence previously of record is not new D. holding that evidence submitted for a motion to reopen must be material and state new facts that rebut the underlying finding E. holding that appeals council must consider evidence submitted with a request for review if it is a new b material and c related to the period on or before the date of the aljs decision

assistant: The best answer is D. holding that evidence submitted for a motion to reopen must be material and state new facts that rebut the underlying finding
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The term (“ Term ”) of this Agreement shall commence on the date hereof and shall immediately terminate upon the earliest of, without the need for any further action by any person, (i) the mutual agreement of the Parties, (ii) the Closing (iii) the termination of the Merger Agreement and (iv) the amendment of the Merger Agreement without the prior written consent of the Principal Stockholders in any manner that could be reasonably likely to (x) increase the number of shares of the Buyer Common Stock issuable to the Seller at the Closing or (y) provide the Seller or any affiliate thereof with greater rights with respect to the operations or management of Buyer following the Closing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: At the end of the Valuation Period the Purchase Price shall be established. If the value of the Put Shares delivered to the Investor causes the Company to exceed the Maximum Commitment Amount, then immediately after the Valuation Period the Investor shall return to the Company the surplus amount of Put Shares associated with such Put and the Purchase Price with respect to such Put shall be reduced by any Clearing Costs related to the return of such Put Shares. The Closing of a Put shall occur within two (2) Trading Days following the end of the Valuation Period, whereby the Investor shall deliver the Investment Amount by wire transfer of immediately available funds to an account designated by the Company. In addition, on or prior to such Closing, each of the Company and the Investor shall deliver to each other all documents, instruments and writings required to be delivered or reasonably requested by either of them pursuant to this Agreement in order to implement and effect the transactions contemplated herein. The Company shall be prohibited from delivering a subsequent Put Notice during the Valuation Period.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: F.2d 306, 309 (11th Cir.1993) (rejecting the argument that the common law D’Oench doctrine is limited by a specific asset requirement). Other circuits are in agreement on this issue. See, e.g., Inn at Saratoga Assocs. v. FDIC, 60 F.3d 78, 82 (2d Cir.1995) (rejecting the argument that the D’Oench doctrine is limited by an “asset” requirement, because such a requirement “would undercut an important purpose of that doctrine — allowing the FDIC to rely on a bank’s records when insuring the bank”); Brookside Assocs. v. Rifkin, 49 F.3d 490, 496 (9th Cir.1995) (“[W]e hold that the common-law [D’Oench \ doctrine applies to bar suit even when the RTC does not acquire a specific asset whose value is affected by the alleged secret agreement.”); Jackson v. FDIC, 981 F.2d 730, 734-35 (5th Cir.1992) (<HOLDING>); Timberland Design, Inc. v. First Serv. Bank Options: A. holding that the doench doctrine protects the fdic even where the fdic does not have an interest in an asset B. holding that no complete innocence exception to the doench doctrine exists C. holding that claims that do not diminish or defeat the fdics interest in any specific asset are nevertheless doench barred in light of the established purpose of the doench doctrine to protect the fdics reliance on the banks records D. holding that defendant defrauded fdic when actions diluted value of fdics security interest thereby being likely to frustrate and impair the fdics ability to realize the benefit of the interest E. holding that 1823e applies only when the fdics interest in a specific asset would be impaired by the alleged secret agreement

assistant: The best answer is C. holding that claims that do not diminish or defeat the fdics interest in any specific asset are nevertheless doench barred in light of the established purpose of the doench doctrine to protect the fdics reliance on the banks records
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: course of the hearings, Has-kell asserted that the document entitled “Statement of Resident Rights” was meant to establish the applicable standard of care for his expert report. He further asserted that the documents established how being dismissed affected his health and that he was a resident at the Center. It is undisputed by the parties that nothing in the report addresses any breach by either defendant as to any standard of care. Defendants in this matter urge us to determine that the report served by Has-kell was so deficient as to not constitute a report. If we hold that Haskel report must be sufficient as to each defendant individually. Tex. Civ. Prac. & Rem.Code Ann. § 74.351(a); see also Rivenes v. Holden, 257 S.W.3d 332, 336 (Tex.App.-Houston [14th Dist.] 2008, pet. denied) (<HOLDING>). Accordingly, we will review the sufficiency Options: A. recognizing that a district court may sua sponte dismiss a complaint for failure to serve after notice to the plaintiff B. holding that the trial court should have granted a motion for relief from judgment when it was the trial courts failure to serve the defendant with notice of the final judgment as required by rule 1080h1 that prevented the defendant from timely appealing C. holding that defendant failed to plead sufficient facts and instructing the trial court to dismiss the plaintiff from the case D. holding that the defendants failure to timely serve a notice of appeal and docketing statement did not prejudice the plaintiff and therefore would not serve as a basis to dismiss the appeal E. holding if plaintiff does not serve report as to particular defendant trial court must dismiss that defendant from suit

assistant: The best answer is E. holding if plaintiff does not serve report as to particular defendant trial court must dismiss that defendant from suit
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: file. Among other things, Miles testified that once an image is converted into a digital file, it can be edited with readily available and inexpensive technology. Miles further testified that he could not determine whether the two images that the state had introduced into evidence to prove the defendant’s guilt with respect to the charge of importing child pornography depicted a real person because those images, having been digital images, were capable of being altered without traces of alteration. On the basis of the evidence adduced by the state, however, the jury was free, notwithstanding Miles’ testimony, to conclude that the photographs depicted a real person. 38 In his initial brief, the defendant cited to one case, namely, United States v. Hilton, 363 F.3d 58, 64 (1st Cir. 2004) (<HOLDING>), to support his .claim that the state was Options: A. holding that the psychological injuries related to the initial abuse were not sufficiently disaggregated from those arising from the viewing of the images because the counselors report did not show the victim suffered any harm from the continued viewing andor spread of the images B. holding that pornographic videos and images were properly authenticated where the government presented detailed evidence as to the chain of custody specifically how the images were retrieved from the defendants computers C. holding that government must introduce relevant evidence in addition to the alleged pornographic images to prove that images depict real child D. holding that the government must prove the facts used in sentencing by a preponderance of the evidence E. holding that the act is constitutional because it restricts who may control the images but not what the defendant may introduce at trial

assistant: The best answer is C. holding that government must introduce relevant evidence in addition to the alleged pornographic images to prove that images depict real child
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall pay to Executive an annual base salary of Five Hundred Fifty Thousand Dollars ($550,000) (prorated for partial monthly and annual periods), less deductions and withholdings, which base salary shall be paid in accordance with the Company’s normal payroll policies and procedures (the “ Base Salary ”). The Board or the Compensation Committee of the Board (the “ Committee ”) shall conduct annual performance reviews of Executive for merit increases and may, in its sole discretion, increase Executive’s Base Salary from time to time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company confirms that neither it nor any other Person acting on its behalf has provided any of the Purchasers or their agents or counsel with any information that it believes constitutes or might constitute material, non-public information which is not otherwise disclosed in the Prospectus Supplement. The Company understands and confirms that the Purchasers will rely on the foregoing representation in effecting transactions in securities of the Company. All of the disclosure furnished by or on behalf of the Company to the Purchasers regarding the Company and its Subsidiaries, VIEs and VIE Subsidiaries, their respective businesses and the transactions contemplated hereby, including the Disclosure Schedules to this Agreement, is true and correct and does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. The press releases disseminated by the Company during the twelve months preceding the date of this Agreement taken as a whole do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made and when made, not misleading. The Company acknowledges and agrees that no Purchaser makes or has made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in Section 3.2 hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: costs in addition to its policy limit. ACE challenges the decision. The parties were unable to locate ACE’s policies and stipulated that certain memos between brokers provided evidence as to indemnity. The court concluded that this evidence indicated that ACE followed form to the relevant underlying policies, making ACE responsible for defense costs in addition to the policy limits. ACE explains that the district court must have relied on language in the memos referring to coverage “per underlying policy.” This language, ACE contends, does not establish the extent of its defense-cost obligations because there was no specific provision describing the extent to which ACE agreed to reimburse defense costs. See Schneider Natl. Transp. v. Ford Motor Co., 280 F.3d 532, 538 (5th Cir.2002) (<HOLDING>). Finally, ACE contends that the district court Options: A. holding that policy did not provide coverage where negligent repair of lift in elevator occurred during policy period while resulting injury occurred after policy was canceled B. holding that the plain meaning of the uim policy language was clear and not contrary to public policy C. holding that cases construing policy coverage are authoritative only if they involve the same language or the same version of the standard form embodied in the policy under consideration D. holding that policy limits are not a defense to coverage and that policy limits define the amount of coverage E. holding that absent follow form language provision that excess policy would continue as underlying policy did not impose coverage as provided in underlying policy

assistant: The best answer is E. holding that absent follow form language provision that excess policy would continue as underlying policy did not impose coverage as provided in underlying policy
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 Closing Date, the consolidated balance sheet of YBI included in the Offering Memorandum reported on and accompanied by a report from the Independent Auditors, presents fairly in all material respects the financial condition of YBI as of such date. Such financial statement, including the related schedules and notes thereto, has been prepared in accordance with GAAP (except as otherwise stated therein).

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 legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by the Sabby Parties of this Agreement, the Series A Warrant Amendments, the General Releases and the consummation by the Sabby Parties of the transactions contemplated hereby and thereby will not (i) result in a violation of the organizational documents of the Sabby Parties, (ii) conflict with, or constitute a default (or an event which with notice or lapse of time or both would become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture or instrument to which the Sabby Parties are a party, or (iii) result in a violation of any law, rule, regulation, order, judgment or decree (including federal and state securities laws) applicable to the Sabby Parties, except in the case of clauses (ii) and (iii) above, for such conflicts, defaults, rights or violations which would not, individually or in the aggregate, reasonably be expected to have a material adverse effect on the ability of the Sabby Parties to perform its obligations hereunder.

assistant: No Conflicts