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: also have not obtained approval from any federal, state, or local government agency, which is a prerequisite for doing business in the heavily regulated alcohol industry. See, e.g., Adolph Coors Co. v. Bentsen, 2 F.3d 355, 356 (10th Cir.1993) (citing 27 U.S.C. §§ 201-11); Fedway Assocs., Inc. v. United States Treasury, Bureau of Alcohol, Tobacco & Firearms, 976 F.2d 1416, 1418 (D.C.Cir.1992) (citing same); Delaware Alcoholic Beverage Wholesalers, Inc. v. Ayers, 504 A.2d 1077, 1078-80 (Del.1986) (citing Del.Code Ann. tit. 4, § 101 et seq. (1984)). In the face of these multiple contingencies, the court cannot conclude that this case is ripe for decision. See Kiser v. Johnson, 404 F.Supp. 879, 886 (M.D.Pa.1975); cf. Abbott Labs. v. Zenith Labs., Inc., 934 F.Supp. 925, 938 (N.D.Ill.1995) (<HOLDING>). To paraphrase the Polaroid court, if this Options: A. recognizing that although the fourth circuit has not yet addressed the issue partial discharge may be granted to the extent that it would be an undue hardship for the debtor to have to pay that portion of the loan that is to be discharged B. recognizing that even if approval by the food and drug administration could be obtained within three months this approval had yet to be granted at the time of the courts decision and there was no guarantee that the approval would be forthcoming on any particular date in the future C. holding that the date of the offense was material to the defense where defendant could not have anticipated from the date specified in the indictment that the state would present evidence that the crime occurred nearly two months later D. holding that decision of this court unless or until overturned by this court en banc the federal circuit or the supreme court is a decision of the court on the date it is issued any rulings interpretations or conclusions of law contained in such a decision are authoritative and binding as of the date the decision is issued and are to be considered and when applicable are to be followed by va agencies of original jurisdiction the board and the secretary in adjudicating and resolving claims E. holding that where approval of the board of directors was not formally requested a demand would have been futile for it could hardly be expected that if approval of the board of directors were sought defendant who controlled 50 of the board would have authorized the action against himself

assistant: The best answer is B. recognizing that even if approval by the food and drug administration could be obtained within three months this approval had yet to be granted at the time of the courts decision and there was no guarantee that the approval would be forthcoming on any particular date in the future
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: '516 patent hypothesizes three classes of molecules potentially capable of reducing NF-eB activity: specific inhibitors, dominantly interfering molecules, and decoy molecules. Lilly contends that this disclosure amounts to little more than a research plan, and does not satisfy the patentee’s quid pro quo as described in Rochester. Ariad responds that Lilly’s arguments fail as a matter of law because Ariad did not actually claim the molecules. According to Ariad, because there is no term in the asserted claims that corresponds to the molecules, it is entitled to claim the methods without describing the molecules. Ariad’s legal assertion, however, is flawed. In Rochester, as discussed above, we held very similar method claims invalid for lack of written description. 358 F.3d at 918-19 (<HOLDING>); see also Fiers, 984 F.2d at 1170-71 (holding Options: A. holding that the plaintiff had failed to produce sufficient evidence to establish constructive notice because the plaintiff did not present any evidence to establish that the oil was on the floor for any length of time B. holding that defending party may establish a right to summary judgment by showing that the plaintiff after an adequate period of discovery has not been able to produce and will not be able to produce evidence sufficient to allow the trier of fact to find the existence of any one of the claimants elements C. holding the patent invalid because rochester did not present any evidence that the ordinarily skilled artisan would be able to identify any compound based on the specifications vague functional description D. holding that first aid does not include cpr or any other skilled treatment that requires training E. holding that conclusory allegation of patent invalidity is insufficient and noting that there are at least seven reasons why a patent might be invalid

assistant: The best answer is C. holding the patent invalid because rochester did not present any evidence that the ordinarily skilled artisan would be able to identify any compound based on the specifications vague functional description
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as expressly provided herein, this Agreement will not be construed to grant any assignment of, or license under, any intellectual property, Confidential Information or know-how of any Party. Each Party will own and retain all of its right, title, and interest in and relating to its tangible and intangible property, including without limitation its intellectual property in its products and services as well as its Confidential Information. Without limiting the generality of the foregoing, all right, title, and interest, including all intellectual property rights, in and to the Services provided hereunder, and any tangible or intangible materials used and/or developed by Ubiquity or its licensors during the course of performance of this Agreement, including hardware, software, methods, processes, documentation, and materials of Ubiquity or its licensors, and any updates, derivatives or modifications thereof, shall be and remain the property of Ubiquity or its licensors, as applicable.

assistant: Intellectual Property
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: considered employee’s actions in foreign state in determining whether minimum contacts existed to confer jurisdiction over South Carolina bail bondsman in foreign court). 8 . Dolan v. City of Camden, 233 S.C. 1, 103 S.E.2d 328 (1958) (municipalities, which have full and complete control over streets and highways within their corporate limits, are liable for injuries caused by failure to use reasonable care to keep them in a reasonably safe condition for public travel). 9 . 24A S.C.Code Ann. Regs. 61-16 § 613 (1992) (requiring hospitals to maintain certain minimum standards and equipment to provide emer gency care and services, including around-the-clock access to x-ray and routine laboratory services and a licensed physician). 10 . See e.g., Jackson v. Power, 743 P.2d at 1379-82 (<HOLDING>); Gilbert v. Sycamore Mun. Hosp., 156 Ill.2d Options: A. holding that a company providing administrative purchasing and financial services to a hospital was not a hospital and thus could not be held directly liable under emtala B. holding that hospital may be held liable for negligence of emergency room physicians under apparent agency doctrine C. holding that physicians as agents of the hospital are indistinguishable from the hospital for immunity purposes under the lgaa D. holding that a general acute care hospital may not delegate its duty to provide physicians for emergency room care because the law imposes a duty on hospital to provide that health care E. holding that a municipality may be held liable as a person under 1983

assistant: The best answer is B. holding that hospital may be held liable for negligence of emergency room physicians under apparent agency doctrine
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 Borrower will, and will cause each of its Subsidiaries to, comply with all laws, rules, regulations and orders of any Governmental Authority applicable to it or its property, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. Without limitation of the foregoing, each Borrower will, and will cause each of its Subsidiaries to, not be a Person described in Section 1 of, and not engage in any transaction or activity prohibited by, the Anti-Terrorism Order. The Company will maintain in effect and enforce policies and procedures designed to promote and achieve compliance by the Company, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: knowledge of the allegations made in the affidavit. But the cited footnote in Tavery stands only for the proposition that “a mere statement of belief ... is insufficient to support summary judgment.” Id. As we noted, statements must be “made on personal knowledge.” Id. (quoting Fed. R.Civ.P. 56(e)). But an affidavit will not be stricken simply because it does not contain those specific words as long as it is clear that the affiant is basing his or her statements on personal knowledge. See Barthelemy v. Air Lines Pilots Ass’n, 897 F.2d 999, 1018 (9th Cir.1990) (“That Rule 56(e)’s requirements of personal knowledge and competence to testify have been met may be inferred from the affidavits themselves.”); Lodge Hall Music, Inc. v. Waco Wrangler Club, Inc., 831 F.2d 77, 80 (5th Cir.1987) (<HOLDING>). Here, the affidavits in question met that Options: A. holding that wjhile trial courts are encouraged to state all findings in their written child custody orders they are not required to do so as long as the basis for their decisions is clear from the record and thus susceptible to review B. holding that even though defendants response does not affirmatively state in the document itself that they are competent to testify as to the facts to which they swore does not necessarily doom their testimony so long as the record taken as a whole demonstrates that their testimony meets the requirements of rule 56 C. holding that the court may not overturn the administrative law judges factual findings as long as they are supported by competent substantial evidence D. holding that it was proper for court to rely on affidavits of defendants representatives in negotiations because their personal knowledge and competence to testify are reasonably inferred from their positions and the nature of their participation in the matters to which they swore E. holding that while trial courts are encouraged to state all findings in their written orders they are not required to do so as long as the basis for their decisions is clear from the record and thus susceptible to review

assistant: The best answer is B. holding that even though defendants response does not affirmatively state in the document itself that they are competent to testify as to the facts to which they swore does not necessarily doom their testimony so long as the record taken as a whole demonstrates that their testimony meets the requirements of rule 56
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 constitutes the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any existing agreements between them whether oral or written. In case of a conflict between the terms of this Agreement and any purchase order contemplated hereunder, the terms of this Agreement shall govern.

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 execution and delivery of this Agreement and the other Transaction Documents to which it is a party, the performance of the transactions contemplated hereby or thereby and the fulfillment of the terms hereof or thereof will not conflict with, result in any breach of its organizational documents or any of the terms and provisions of, or constitute (with or without notice or lapse of time or both) a default under any indenture, contract, agreement, mortgage, deed of trust, or other instrument to which the Servicer is a party or by which it or any of its property is bound.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the evidence presented by the summary judgment record in a light most favorable to the party against whom the summary judgment was rendered, crediting evidence favorable to that party if reasonable jurors could and disregarding contrary evidence unless reasonable jurors could not. Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex.2006) (citing City of Keller v. Wilson, 168 S.W.3d 802, 827 (Tex.2005)). When both sides move for summary judgment, and the trial court grants one motion and denies the other, the reviewing court considers both sides’ summary judgment evidence and determines all issues presented. Valence Operating Co. v. Dorsett, 164 S.W.3d 656, 661 (Tex.2005). Where the trial court does not specify the g rv., Inc., 798 S.W.2d 606, 615 (Tex.App.-Dallas 1990, writ denied) (<HOLDING>). Thus, the absence of a causal connection Options: A. holding that plaintiffs consequential damages were too speculative because no evidence connected damages to defendants breach of contract B. holding that erisa provides relief only for clearly ascertainable damages with the intent to make plaintiffs whole which precludes recovery for speculative future harm C. holding that no recovery exists for speculative damages D. holding that nominal damages award was appropriate where the evidence supporting the damages was speculative E. holding such damages available where local law silent on issue speculative nature of damages does not preclude recovery

assistant: The best answer is C. holding that no recovery exists for speculative damages
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as would not, either individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect, Holdings, the Borrower and its Subsidiaries have timely filed all Federal and state and other tax returns and reports required to be filed, and have timely paid all Federal and state and other taxes, assessments, fees and other governmental charges levied or imposed upon them or their properties, income or assets, otherwise due and payable, showing on such returns, except those which are being contested in good faith by appropriate proceedings diligently conducted and for which adequate reserves have been provided in accordance with GAAP. Except as would not, either individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect, there is no action, suit, proceeding, investigation, audit or claim now pending or threatened by any authority regarding any taxes relating to Holdings, the Borrower and its Subsidiaries except as set forth on Schedule 5.09(a).

assistant: Taxes
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 of this Warrant shall be held to be invalid or unenforceable, such invalidity or unenforceability shall attach only to such provision and shall not in any way affect or render invalid or unenforceable any other provision of this Agreement, and such provision shall be deemed to be restated to reflect the parties' original intentions as nearly as possible in accordance with Applicable Law(s).

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: Apache will not, and will not permit any of its Subsidiaries to, enter into, or cause, suffer or permit to exist any arrangement or contract with any of its other Affiliates unless such arrangement or contract or group of arrangements or contracts, as the case may be, are conducted on an arms-length basis; provided, however, that this Section shall not apply to Apache Offshore Investment Partnership, a Delaware general partnership, and Apache Offshore Petroleum Limited Partnership, a Delaware limited partnership.

assistant: Transactions With Affiliates
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: You are eligible for a maximum of four weeks of vacation per calendar year commencing on the Effective Date. The number of vacation days for which you are eligible shall accrue at the rate of 1.67 days per month that you are employed during such calendar year. Any unused vacation will be paid upon termination of your employment in accordance with the Company’s annual vacation accrual policy.

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 be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida. Each of the parties hereto consents to the exclusive jurisdiction and venue of the state courts located in Orange County in the State of Florida and the federal courts for the District of Florida with respect to all claims under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: approximately six months after Essie’s trial, the United States Supreme Court, in Edmonson v. Leesville Concrete Co., Inc., — U.S.-, 111 S.Ct. 2077, 114 L.Ed.2d 660 (1991), extended the Batson rule to civil cases. The basis of the extension is that private litigants exercising peremptory challenges are involved in state action, thus implicating the Fourteenth Amendment. Having protected the record at trial, Essie on this direct appeal contends that the Edmonson decision should be retroactively applied. Such an application would require that the trial court reconsider the matter to 08, 93 L.Ed.2d 649 (1987) (retroactive application of newly declared constitutional rules to criminal cases pending on direct appeal); Allen v. Hardy, 478 U.S. 255, 106 S.Ct. 2878, 92 L.Ed.2d 199 (1986) (<HOLDING>); Chevron Oil Co. v. Huson, 404 U.S. 97, 92 Options: A. holding the batson rule was not to be applied retroactively to a state conviction on federal habeas review B. holding that batson v kentucky does not apply retroactively to cases on collateral review C. holding generally that new rules of law should not be applied retroactively in habeas corpus cases D. holding that aedpa is not applied retroactively to pending habeas petitions E. holding that batson does apply retroactively to cases pending on direct review

assistant: The best answer is A. holding the batson rule was not to be applied retroactively to a state conviction on federal habeas review
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall be deemed to constitute one instrument. Any signature page delivered by a fax machine or email shall be binding to the same extent as an original signature page, with regard to any agreement subject to the terms hereof or any amendment thereto. Any party who delivers such a signature page agrees to deliver promptly an original counterpart to each party to whom the faxed or emailed signature page was sent.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: except as otherwise stated herein , these terms constitute the entire and exclusive understanding and agreement between fitbit and you regarding the fitbit service , and these terms supersede and replace any and all prior oral or written understandings or agreements between fitbit and you regarding the fitbit service and fitbit content .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for those counsel. See Cox, 602 F.3d at 290. We observe that claimant’s counsel did not include in the record submitted to the ALJ or the BRB the actual awards reflecting such rates. The better practice surely would have been for counsel to attach such documentation to its fee petitions, especially when, as here, the prior fee awards were not readily accessible. In marginal cases, a failure to provide such documentation could undermine counsel’s showing of a prevailing market rate. In this case, however, claimant’s counsel made representations, which Eastern did not dispute, about the rates fixed in those prior awards. Moreover, the ALJ was familiar with and reviewed prior fee awards he personally had rendered in several cases cited by claimant’s counsel. See Spell, 824 F.2d at 1402 (<HOLDING>). In sum, the ALJ’s determination of prevailing Options: A. holding that with respect to the eaja the local or national market rate for legal services cannot be a special factor used to increase the rate beyond the statutory rate B. holding that absent other evidence of prevailing market rates the district judge may establish a reasonable rate based on his familiarity with the prevailing rates in the area C. recognizing that rates awarded in other cases do not set the prevailing market rateonly the market can do that D. holding that rowe applied to both statutory and contractual prevailing party fee awards E. holding that the prevailing market rate can be established with reference to information concerning recent fee awards by courts in comparable cases

assistant: The best answer is E. holding that the prevailing market rate can be established with reference to information concerning recent fee awards by courts in comparable cases
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: information, from the person being interviewed. This line of questioning on redirect was in response to cross-examination by the defendant’s attorney, who elicited the fact that the phone number on the defendant’s FBI 302 interview form was incorrect. The defendant proposes that prosecutors knew that the error on the form was Special Agent Hultz’s because the same phone number (and thus the same error) was written on 302 interview forms from interviews with other defendants. The Defendant’s claim requires this Court to presume that prosecutors knew that the error occurred on two other FBI 302 forms, among the numerous exhibits used in this trial. See United States v. Barham, 595 F.2d 231, 240 (5th Cir.1979), citing Napue v. Illinois, 360 U.S. 264, 79 S.Ct. 1173, 3 L.Ed.2d 1217 (1959) (<HOLDING>). Moreover, any prejudice was minimal as Hultz Options: A. holding that a conviction obtained through the knowing reckless or negligent use of false testimony must be set aside if there is any reasonable likelihood that the false testimony could have affected the judgment of the jury B. holding that a prosecutor accused of knowingly presenting false testimony at trial is protected by absolute immunity C. holding that the prosecutor is prohibited from knowingly presenting or failing to correct false and material evidence against the defendant D. holding that the knowing use of false testimony to obtain a conviction violates due process E. holding that prosecutor cannot obtain conviction with the aid of false testimony where the prosecutor knows such testimony is false

assistant: The best answer is E. holding that prosecutor cannot obtain conviction with the aid of false testimony where the prosecutor knows such testimony is false
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 questions concerning the construction, validity, enforcement and interpretation of the Transaction Documents shall be governed by and construed and enforced in accordance with the internal laws of the State of _ New York, without regard to the principles of conflicts of law thereof. Each party agrees that all legal Proceedings concerning the interpretations, enforcement and defense of the transactions contemplated by this Agreement and any other Transaction Documents (whether brought against a party hereto or its respective affiliates, directors, officers, shareholders, partners, members, employees or agents) shall be commenced exclusively in the state and federal courts sitting in the City of New York. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in the City of New York, Borough of Manhattan for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein (including with respect to the enforcement of any of the Transaction Documents), and hereby irrevocably waives, and agrees not to assert in any Action or Proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such Action or Proceeding is improper or is an inconvenient venue for such Proceeding. Each party hereby irrevocably waives personal service of process and consents to process being served in any such Action or Proceeding by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law. If any party shall commence an Action or Proceeding to enforce any provisions of the Transaction Documents, then, in addition to the obligations of the Company under Section 4.8, the prevailing party in such Action or Proceeding shall be reimbursed by the non-prevailing party for its reasonable attorneys’ fees and other costs and expenses incurred with the investigation, preparation and prosecution of such Action or Proceeding.

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: To the extent permitted by the Plan as then in effect and except as would otherwise violate the terms of any financing agreement to which the Company is then a party, the tax withholding obligations arising in connection with this Award may be satisfied in nonforfeitable Shares subject to this Award based on the Fair Market Value of those Shares.

assistant: Tax Withholdings
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: as a community bank.” (Shomper Dep. at 10.) CFB’s senior vice president, Karen Baker, testified similarly, noting that the CFB name was selected because “Mr. Berman wanted to make [CFB] a community bank.” (Baker Dep. at 19-20.) Nonetheless, Plaintiff argues that the addition of the term “first” to its name renders CFB’s marks protectable because the term was added to reflect Berman’s “customer-friendly orientation philosophy.” (Pl.’s Opp. & Mot. Partial Summ. J. at 5.) Yet, the “customer-friendly” philosophy is in no way unique. Rather, that philosophy is endemic to the “genus or class” of community banks which, by definition, cater to individuals in the community. See Dixon, 49 Drake L.Rev. at 673 (on the definition of community banks); Ale House Management, Inc., 205 F.3d at 141 (<HOLDING>). Moreover, Plaintiffs concession that the Options: A. holding that the name under which a debt collector is licensed to do business is the debt collectors true name for purposes of the fdcpa B. holding that the relevant intent is not the intent to return ultimately but the intent to return to the united states within a relatively short period C. holding that redactions that replace a proper name with an obvious blank the word delete a symbol or similarly notify the jury that a name has been deleted render the admission of a codefendants confession unconstitutional D. holding that any acts in which employee engaged with intent to woo plaintiffs wife away from him during business meetings and trips simply had no connection to business of employer E. holding that plaintiffs intent to distinguish its business from others in the generic category does not render a generic name protectable

assistant: The best answer is E. holding that plaintiffs intent to distinguish its business from others in the generic category does not render a generic name protectable
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: including, wages, salaries or commissions for services rendered.” Section 503(b)(2) authorizes administrative expense priority payments to professi 9 (3rd Cir.1988). Accord In re Imperial Corporation of America, 181 B.R. 501, 506, n. 2 (Bankr.S.D.Cal.1995) (attorney barred from compensation under 327(e) may not “end run” the section by seeking compensation under 503(b)(1)); In re Office Products of America, Inc., 136 B.R. 675, 688 (Bankr.W.D.Tex.1992) (denying quantum meruit compensation for unapproved professional); In re Southern Diversified Properties, Inc., 110 B.R. 992, 996 (Bankr.N.D.Ga.1990) (rejecting doctrine of quantum meruit as justifiable basis for compensating professional who did not qualify under 327(a)). The rationale is clear. To apply Section 503 nkr.S.D.N.Y.1981) (<HOLDING>); Matter of Park Terrace Townhouses v. Wilds, Options: A. holding that the improper use of a mixedmotive instruction in a butfor case shifted the burden of persuasion on a central issue in the case and therefore the error cannot be harmless B. holding that a professional is one who plays a central role in a debtors case C. holding that defendant is liable for entire quantity of drugs attributable to conspiracy in circumstances where defendant is one of conspiracys central figures D. holding that a third partys history of violence at least insofar as it was known to the defendant plays an important role in determining whether the harm was reasonably foreseeable E. recognizing that in any criminal trial the credibility of the prosecutions witnesses is central

assistant: The best answer is B. holding that a professional is one who plays a central role in a debtors case
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall (a) by 9:30 a.m. (New York City time) on October 12, 2017, issue a press release disclosing the material terms of the transactions contemplated hereby, and (b) file a Current Report on Form 8-K, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. In addition, effective upon the issuance of such press release, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, agents, employees or Affiliates on the one hand, and any of the Purchasers or any of their Affiliates on the other hand, shall terminate. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b), to the extent reasonably practical.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement by email or facsimile transmission shall be effective as delivery of a manually executed counterpart hereof. A set of the copies of this Agreement signed by all the parties shall be lodged with the Borrower and the Administrative Agent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of a protectible interest, and (2) denial of adequate procedural protections. See Goldberg v. Kelly, 397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970). We consider each of these elements in turn. A. Protectible Interest To determine whether G & G has suffered a deprivation of a protectible interest, we must evaluate (1) what type of interest has been deprived, and (2) whether that interest is protected by the Due Process Clause. Board of Regents of State Colleges v. Roth, 408 U.S. 564, 569-70, 92 S.Ct. 2701, 2705, 33 L.Ed.2d 548 (1972). G & G’s interest arises from its public works contract; it has a property interest in being paid in full for the construction work it has completed. See Sniadach v. Family Finance Corp., 395 U.S. 337, 342, 89 S.Ct. 1820, 1822-23, 23 L.Ed.2d 349 (1969) (<HOLDING>). The state’s withholding of over $120,000 has Options: A. recognizing the potential length of the deprivation in evaluating whether a procedure is adequate B. holding that deprivation of property must conform to due process principles C. recognizing that individualized sentencing has long been a cornerstone to wisconsins criminal justice jurisprudence D. holding that liability under 1983 can be established by showing that the defendants either personally participated in a deprivation of the plaintiffs rights or caused such a deprivation to occur E. holding that wisconsins garnishment procedure allowing wages to be frozen upon request of creditors lawyer eonstituted obvious deprivation of property

assistant: The best answer is E. holding that wisconsins garnishment procedure allowing wages to be frozen upon request of creditors lawyer eonstituted obvious deprivation of property
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 consent and, therefore, sexual conduct with a minor is per se against that minor’s will. Gov’t Position (d/e 172) at 4. However, the proscribed age of consent in Illinois is generally 17. People v. Lloyd, 369 Ill.Dec. 759, 987 N.E.2d 386, 393. (2013). The Government does not explain why the Illinois legislature would require use of force for victims who are at least 13 years of age but under 17 years of age if the lack of capacity to consent constitutes inherent use of force. Moreover, Section 2241(a)(1) requires the actual use of force. See United States v. Cherry, 938 F.2d 748, 754 (7th Cir.1992) (noting that “[i]f actual force is used, the defendant is guilty of aggravated sexual abuse under 18 U.S.C. § 2241(a)(1)”); United States v. Archdale, 229 F.3d 861, 868 (9th Cir.2000) (<HOLDING>) (citations and quotations omitted). The Options: A. holding that the decision of a police officer to preserve public safety and order through use of commands backed by threat of force or actual use of physical force is a matter of discretion B. holding that 2241a1 requires actual use of force meaning use of such physical force as is sufficient to overcome restrain or injure a person C. holding that a texas assault statute requiring that the defendant intentionally knowingly or recklessly causes bodily injury to another may be violated by the defendant so causing such injury by means other than the actual attempted or threatened use of physical force against the person of another and hence does not have such use of force as an element alteration in original D. recognizing that an arrest requires either physical force or where physical force is absent submission to the assertion of authority E. holding that expert testimony on what constitutes deadly physical force and whether the use of force was justified should have been excluded

assistant: The best answer is B. holding that 2241a1 requires actual use of force meaning use of such physical force as is sufficient to overcome restrain or injure a person
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of action for wrongful death since they have no ability to inherit under intestacy statutes). Accordingly, this Court has defined the paternity standard in the instant case as whether the putative father, Warren Seeds, acknowledged Souletta as his daughter. In re Adventure Bound Sports, Inc., No. CV489-274, at 10; see also O.C.G.A. § 34-9-13 (Supp.1992) (defining “child” in workers’ compensation action to include “acknowledged children born out of wedlock”); O.C.G.A. § 51-4-2 (Supp.1992) (permitting children who can prove paternity to bring wrongful death action); Edenfield, 306 S.E.2d at 915 (permitting proven children, legitimate or illegitimate, to bring wrongful death actions under O.C.G.A. § 51-4-2); American Mut. Liab. Ins. Co. v. Hogan, 91 Ga.App. 891, 87 S.E.2d 661, 664 (1955) (<HOLDING>). Petitioners argue that this Court should Options: A. holding that the presumption of legitimacy shifts the burden of persuasion to the putative father to establish that he did not father the child B. holding that a child was not barred by a former statute of limitations applicable to actions to establish the existence of a father and child relationship when the current action was to establish the nonexistence of a father and child relationship and the presumed father no longer persisted in maintaining paternity C. holding an unborn child is not a child for purposes of criminal prosecution of mistreatment of a child D. holding illegitimate child acknowledged by putative father stands on same footing as legitimate child under workers compensation statute E. holding that an illegitimate child is guaranteed a right of support from his father

assistant: The best answer is D. holding illegitimate child acknowledged by putative father stands on same footing as legitimate child under workers compensation statute
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 Participant agrees, upon demand of the Company or the Committee, to do all acts and execute, deliver and perform all additional documents, instruments and agreements which may be reasonably required by the Company or the Committee, as the case may be, to implement the provisions and purposes of the Agreement and the Plan.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of. A. Error as to Jury Instructions Given 148 We will first dispose of the Gorostietas' argument regarding jury instructions 16, 21, 22, 24, 25, 27, and 28. "It is well established that a reviewing court will not address arguments that are not adequately briefed." State v. Thomas, 961 P.2d 299, 304 (Utah 1998); see also State v. Thomas, 1999 UT 2, 111, 974 P.2d 269; Walker v. U.S. Gen., Inc., 916 P.2d 908, 908 (Utah 1996). Rule 24 of the Utah Rules of Appellate Procedure provides that the "[bJrief of the appellant shall contain ... [an] argument [that] shall contain the contentio . 3655, 1995 WL 1315955, 1995 Phila. Cty. Rptr. LEXIS 11, **17 (affirming admission of bills where physician testified as to reasonableness and necessity); Martinez v. Kurdziel, 612 A.2d 669, 676 (R.1.1992) (<HOLDING>); Castillo v. Am. Garment Finishers Corp., 965 Options: A. holding that the government must satisfy its burden of proving contract damages B. holding that the burden of proving lack of negligence is on the owner C. holding that statute does not eliminate plaintiffs burden to prove reasonableness and necessity of past medical expenses D. holding that statute does not remove plaintiffs burden of proving causation and reasonableness E. holding that the burden of proving that the employee did not make reasonable efforts is on the defendant

assistant: The best answer is D. holding that statute does not remove plaintiffs burden of proving causation and reasonableness
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 each Issuing Bank hereby irrevocably appoints the Administrative Agent as its agent and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof and the other Loan Documents, together with such actions and powers as are reasonably incidental thereto.

assistant: Powers
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 Party learns of an infringement or threatened infringement by a Third Party with respect to any Akcea Patent Right or PTC Patent Right, including actual or alleged infringement under 35 USC §271(e)(2) or any foreign equivalent that is or would be competitive with a Compound or Product (“ Competitive Infringement ”), such Party shall promptly notify the other Party and shall provide such other Party with available evidence of such Competitive Infringement.

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 case excerpt and choose the best holding from the options. Case excerpt: the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”). The Court provided a nonexclusive, illustrative list of such “presumptively lawful” exceptions, including but not limited to “longstanding prohibitions on the possession of firearms by felons and the mentally ill,” id. at 2816-17, but did not explain how lower courts were to identify other such “presumptively lawful” exceptions. More recently, the Court restated its belief in the existence of “presumptively lawful” regulations but again declined to provide any guidance to lower courts in our efforts to identify them. McDonald v. Chicago, — U.S. -, 130 S.Ct. 3020, 3047, 177 L.Ed.2d 894 (2010) (<HOLDING>). Post-Heller, and now, post-McDonald, lower Options: A. holding second amendment right is incorporated against the states through fourteenth amendment B. holding the sixth amendment applicable to the states through the fourteenth amendment C. holding that the second amendment fully applies to state and local regulation through the fourteenth amendment D. holding the double jeopardy clause applicable to the states through the due process clause of the fourteenth amendment E. holding that the second amendment constrains state and local laws through its incorporation under the fourteenth amendment due process clause

assistant: The best answer is E. holding that the second amendment constrains state and local laws through its incorporation under the fourteenth amendment due process clause