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: the May 12, 2000 meeting and Nazzaro’s representation that the plaintiff specifically asked Doherty and Johnson about Martorano. Compare M. Callahan Aff. ¶ 22 and R. Nazzaro Aff. ¶ 7 with R. Nazzaro Aff. ¶ 8. I interpret these statements as alleging that Doherty and Johnson did not "mention” Martorano’s name until the plaintiff raised the issue. 15 . The plaintiff did not indicate the agency O'Rourke represented. 16 . After the parties in this case briefed the statute of limitations issue, the First Circuit dispelled any remaining doubt that the discovery rule applies to all FTCA claims-not just those for medical malpractice. See Cascone, 370 F.3d at 104; McIntyre v. United States, 367 F.3d 38, 52 (1st Cir.2004); Skwira, 344 F.3d at 74-75. 17 . See also Skwira, 344 F.3d at 82 n. 18 (<HOLDING>); Gonzalez, 284 F.3d at 289 ("[T]he limitations Options: A. holding that the district where the defendant attorneys office was located was the proper venue because the defendants omissions related to their failure to communicate from their office in savannah the details of the ongoing case B. recognizing that a prosecutors office is an entity and that information in the possession of one attorney in the office must be attributed to the office as a whole C. holding that defendants mailing of false recommendation letters to us attorneys office on behalf of another defendant was covered by 1001 because facts presented a unique setting and one illsuited to regulation through the perjury statutes and because sentencing recommendations are within jurisdiction of us attorneys office D. holding that the plaintiffs administrative claims were not timely presented and noting that the fact that the decedents family decided to place their trust in the us attorneys office electing not to seek competent legal advice until much later does not alter that conclusion E. holding that the plaintiffs were not prevailing parties entitled to attorneys fees for successfully securing a remand of the attorneys fees issue because the ruling was unrelated to the merits of the plaintiffs claim and the issue was not significant nor a benefit the plaintiffs sought in bringing their action

assistant: The best answer is D. holding that the plaintiffs administrative claims were not timely presented and noting that the fact that the decedents family decided to place their trust in the us attorneys office electing not to seek competent legal advice until much later does not alter that conclusion
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 is personal in nature and cannot be assigned by Employee. The terms, conditions, covenants, and representations herein shall inure to and be binding upon the heirs and representatives of Employee and shall inure to the benefit of and shall be binding upon the successors and assigns of Employer.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement or the application thereof is held invalid, the invalidity shall not affect the other provisions or applications of this Agreement which can be given effect without the invalid provisions or applications and to this end the provisions of this Agreement are declared to be severable.

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 case excerpt and choose the best holding from the options. Case excerpt: presumption” that counsel’s performance was reasonable. Indeed, courts are to apply “a heavy measure of deference to counsel’s judgments.” Id. at 691, 104 S.Ct. 2052. The case law describes two lines of cases. In one line, the record may show counsel’s entire performance fell below the constitutional minimum. See, e.g., Williams v. Taylor, 529 U.S. 362,120 S.Ct. 1495,146 L.Ed.2d 389 (2000) (finding counsel’s performance ineffective where he failed to present substantial mitigation evidence to sentencing jury). In the other, the record may indicate that counsel, for the most part, provided adequate performance, yet he or she committed a single, critical error that renders the representation ineffective. Kimmelman v. Morrison, 477 U.S. 365, 386, 106 S.Ct. 2574, 91 L.Ed.2d 305 (1986) (<HOLDING>); see also Murray v. Carrier, 477 U.S. 478, Options: A. holding that counsels total failure to conduct pretrial discovery constituted ineffective assistance B. holding counsels failure to object to victim impact testimony and evidence was not ineffective assistance of counsel when the trial record was silent as to counsels strategy C. holding that counsels failure to impeach a witness by showing bias was ineffective assistance D. holding that failure to object to admissible evidence was not ineffective assistance of counsel E. recognizing in ineffective assistance of counsel claims a presumption that counsels conduct falls within the wide range of reasonable professional assistance

assistant: The best answer is A. holding that counsels total failure to conduct pretrial discovery constituted ineffective assistance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Court reviews the Commission’s conclusions of law de novo.” Deseth v. LensCrafters, Inc., 160 N.C. App. 180, 184, 585 S.E.2d 264, 267 (2003). N.C. Gen. Stat. § 97-30 governs the calculation of partial disability compensation and states in relevant part: Except as otherwise provided in G.S. 97-31, where the incapacity for work resulting from the injury is partial, the employer shall pay, or cause to be paid, as hereinafter provided, to the injured employee during such disability, a weekly compensation equal to sixty-six and two-thirds percent (66 2/3 %) of the difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter[.] N.C. Gen. Stat. § 97-2(5) (2009) defines “average weekly wages” as 9, 146 S.E.2d 479, 486 (1966) (<HOLDING>), overruled on other grounds by Derebery v. Options: A. holding that the definition of average weekly wages and the range of alternatives set forth in the five methods of computing such wages as specified in the first two paragraphs of ncgs 9725 do not allow the inclusion of wages or income earned in employment or work other than that in which the employee was injured B. holding that where the employment of the injured employees was the occasion of the injury the injuries arose out of employment C. holding that law enforcement commission was a benefit of employment D. holding that in determining plaintiffs average weekly wage pursuant to nc gen stat 9725 the commission had no authority to combine his earnings from the employment in which he was injured with those from any other employment E. holding that the scope of the average weekly wage definition is not unlimited and concluding that it excludes fringe benefits

assistant: The best answer is D. holding that in determining plaintiffs average weekly wage pursuant to nc gen stat 9725 the commission had no authority to combine his earnings from the employment in which he was injured with those from any other employment
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 used in this Agreement and unless the context requires a different meaning, capitalized terms used but not defined herein (including the preamble and the recitals hereto) shall have the meanings assigned to such terms in the Series 2017-1 Supplemental Definitions List attached to the Series 2017-1 Supplement as Annex A or in the Base Indenture Definitions List attached to the Base Indenture as Annex A , as applicable. Unless otherwise specified herein, all Article, Exhibit, Section or Subsection references herein shall refer to Articles, Exhibits, Sections or Subsections of this Agreement.

assistant: Definitions
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: as a result , and also as a result of yahoo 's network architecture and business practices and the nature of electronic communications , even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03 . Each Property Subsidiary must at all times be a Subsidiary of Borrower.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Optionee acknowledges and agrees that a breach of any of the promises or agreements contained in this Section 12 will result in immediate, irreparable and continuing damage to the Company for which there is no adequate remedy at law, and the Company or an Affiliate will be entitled to injunctive relief, a decree for specific performance, and other relief as may be proper, including money damages.

assistant: Remedies
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 be effective, any notice, consent, or communication required or permitted to be given in connection with this Agreement must be in writing and personally delivered or sent by messenger, fax, overnight courier, electronic mail, or certified mail and when to the Company, addressed to Spotlight Innovation Inc. 11147 Aurora Avenue Building 3, Urbandale, Iowa 50322, email: bill.pim@spotlightinnovation.com, Attention: John William Pim , or, in the case of an Holder, to the Holder’s address on record with the Company, or to such other address and/or email address and/or to the attention of such other person as the recipient party has specified by written notice given to each other party five (5) days prior to the effectiveness of such change. All notices, consents, and communications are deemed delivered and received by the receiving party (i) if personally delivered or delivered by messenger, on the date of delivery or on the date delivery was refused, (ii) if delivered by fax transmission or electronic mail, upon receipt of confirmation of the party transmitting such fax or electronic mail, or (iii) if delivered by overnight courier or certified mail, on the date of delivery as established by the return receipt, courier service confirmation, or similar documentation (or the date on which the courier or postal service, as the case may be, confirms that acceptance of delivery was refused or undeliverable).

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: Smith v. Southern Pacific Co., 187 F.2d 397, 402 (9th Cir.1951) ("The necessity of establishing in the complaints the relationship of the defendants, in this case an employment relationship, is at best a doubtful question of state law which should be tried in the state court and not determined in removal proceedings”). Federal district courts are not entitled to determine uncertain issues of law in order to ascertain whether there has been a fraudulent joinder, as those such issues must be determined in state court. See e.g., Green v. Amerada Hess Corp., 707 F.2d 201, 205 (5th Cir.1983) ("if there is even a possibility that a state court would find a cause of action stated ... then the federal court must [remand]”). 11 . See, e.g., Insinga v. LaBella, 845 F.2d 249, 254 (11th Cir.1988) Options: A. holding that although the resident defendant had not been formally served prior to removal the resident defendant had made a voluntary appearance in state court and therefore jurisdiction was not proper under 1441b B. holding that another states reservation of personal jurisdiction over a florida resident for the purpose of modifying its decree may last as long as the effectiveness of the decree and that no dueprocess violation occurs by the entry of a default modification against the florida resident if the florida resident was afforded proper notice C. holding that once a plaintiff has pled facts in the complaint indicating that the statute of limitations is a complete or partial bar to an action it is incumbent upon the plaintiff to plead either in the complaint or in amendments to it facts establishing an exception to the affirmative defense D. holding that were the court to find fraudulent joinder as to a nondiverse defendant on the basis of evidence equally dispositive of the liability of that defendant and a nondiverse defendant a refusal later in the proceedings to give judgment for the diverse defendant on the same grounds in turn would require the court to revisit a ruling that the nondiverse defendant was fraudulently joined E. holding that fraudulent joinder required a finding that either there was no possibility that the plaintiff could prove a cause of action against the resident defendant or that the plaintiff fraudulently pled jurisdictional facts in order to subject that resident defendant to the jurisdiction of the state court

assistant: The best answer is E. holding that fraudulent joinder required a finding that either there was no possibility that the plaintiff could prove a cause of action against the resident defendant or that the plaintiff fraudulently pled jurisdictional facts in order to subject that resident defendant to the jurisdiction of the state court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: these terms and conditions ( `` terms '' ) govern your access to and use of the skyscanner services and/or skyscanner platforms and , together with our privacy policy , constitute a legal agreement between you and skyscanner .

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: This Agreement shall be governed by the laws of the State of California, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. If any court action is necessary to enforce the terms and conditions of this Agreement, the Parties hereby agree that the Superior Court of California, County of Orange, shall be the sole jurisdiction and venue for the bringing of such action.

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: There is no violation by Borrower or any Significant Subsidiary of any Governmental Rule which could reasonably be expected to have a Material Adverse Effect. Except as have been delivered to Administrative Agent, no notices of any such violation of any Governmental Rule have been issued, entered or received by Borrower or any Significant Subsidiary.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: LENDER, GUARANTOR, BORROWERS AND EACH OTHER CREDIT PARTY, TO THE EXTENT PERMITTED BY LAW, WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF, IN CONNECTION WITH OR RELATING TO, THIS AMENDMENT, THE OTHER LOAN DOCUMENTS AND ANY OTHER TRANSACTION CONTEMPLATED HEREBY OR THEREBY. THIS WAIVER APPLIES TO ANY ACTION, SUIT OR PROCEEDING WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall become effective (other than Section 2.01, which shall only become effective upon satisfaction of the applicable conditions precedent set forth in Section 3.01) when it shall have been executed by the Borrower and the Administrative Agent and when the Administrative Agent shall have been notified by each Initial Lender that such Initial Lender has executed it and, thereafter, shall be binding upon and inure to the benefit of, and be enforceable by, the Borrower, the Administrative Agent and each Lender and their respective successors and permitted assigns, except that the Borrower shall have no right to assign their rights hereunder or any interest herein without the prior written consent of each of the Lenders, and any purported assignment without such consent shall be null and void.

assistant: Binding Effects
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: very upset, and the passenger. The officer explained at the hearing that he did not believe that he could effectively deliver Naik’s implied consent rights until the passenger was attended to, possession of the vehicle was transferred, and the scene was controlled: [Naik’s] asking me questions. I’ve got the passenger asking me questions. [Naik’s] crying____A lot of things are going on at the moment. ... I had paperwork. I had to fill out the impound. I had to situate the belongings. I had to constantly talk to the passenger and the driver. I didn’t have any time . . . to . . . read Implied Consent until everything was situated and I felt it was quiet enough to talk to [Naik] so she could understand____She was very emotional. I was going to wait until a time when she SE2d 706) (1985) (<HOLDING>). The cases relied upon by appellant are Options: A. holding that a 20 to 30 minute delay was warranted when the arresting officer was investigating the accident scene and dealing with the hazard created by the wrecked vehicle B. holding that the defendant was guilty of leaving the scene because the injured party and a police officer were present at the scene within a reasonable time after the accident C. holding that the 16minute delay between the defendants arrest and the reading of the implied consent notice did not require suppression of the chemical test results when the arresting officer was dealing with a second intoxicated driver and investigating the accident scene D. holding that exigency exists when time has elapsed while the driver is transported to the hospital and the investigating officer is detained at the accident scene E. holding scene of accident was suspicious place

assistant: The best answer is A. holding that a 20 to 30 minute delay was warranted when the arresting officer was investigating the accident scene and dealing with the hazard created by the wrecked vehicle
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court’s dismissal of the charges with prejudice. {17} To the contrary, in the City’s written response to Defendant’s motion to dismiss, the City specifically argued that the district court did not need to review the legal issue of the propriety of the municipal court’s dismissal of the charges with prejudice, and it made no arguments regarding whether the dismissal was improper under a de novo standard of review. Without taking any additional evidence or holding a hearing, the district court simply entered a ruling and denied Defendant’s motion to dismiss. In its order, the district court did not address the propriety of the lower court’s dismissal with prejudice or whether a second trial de novo was appropriate. See State v. Lizzol, 2007-NMSC-024, ¶ 24, 141 N.M. 705, 160 P.3d 886 (<HOLDING>). The district court only stated that it was Options: A. holding that the government could appeal a criminal sentence without violating the double jeopardy clause when congress expressly authorized such an appeal B. holding that a sua sponte dismissal of the charges during trial was not an acquittal that barred retrial based on double jeopardy C. holding that the trial courts dismissal of the charges after jeopardy had attached based on the prosecution witnesses failure to appear was not an acquittal and therefore double jeopardy did not prevent the court from reconsidering its decision and reinstating the charges D. recognizing the specific need for an appropriate double jeopardy review when an appeal is taken by the state from a lower courts dismissal of the criminal charges E. holding that the dismissal of criminal charges for evidentiary insufficiency is an acquittal for purposes of the double jeopardy clause

assistant: The best answer is D. recognizing the specific need for an appropriate double jeopardy review when an appeal is taken by the state from a lower courts dismissal of the criminal charges
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: evidence sufficient to make a prima facie showing that a grand theft occurred. See J.B. (finding that J.B.’s admission that the substance he possessed was “beer” was direct evidence and was sufficient to make a prima facie showing that the substance was alcoholic in nature). As Martin readily admits, the evidence clearly demonstrated that on the night he was confronted by Universal security, he had taken $171 from the till. Although there was no evidence that Martin took more than $300 from Universal other than his own statement, the amount taken in the theft relates only to the degree of the offense. It was, therefore, not necessary to independently establish this element to survive the motion for judgment of acquittal. See generally Farinas v. State, 569 So.2d 425, 430 (Fla.1990) (<HOLDING>). AFFIRMED. PLEUS, C.J. and SAWAYA, J., concur. Options: A. holding that the defendants sentence for armed burglary in violation of section 810022b was improperly enhanced pursuant to section 775087 because the use of a weapon or a firearm is an essential element of armed burglary B. holding that when defendant was guilty of burglary but the only evidence that he was armed was from his own statement existence of the firearm went only to the degree of the offense and was not as an element of proof C. holding that in a prosecution for possession of an unregistered firearm evidence of an armed robbery committed with the firearm was admissible D. holding that a statement implying that the defendant was guilty of the crime for which he was on trial was inadmissible hearsay E. holding that the application of the enhancement for using a firearm in connection with another felony offense is proper only if there is a clear connection between the firearm that was used in the other offense and the one that was used in the offense of conviction

assistant: The best answer is B. holding that when defendant was guilty of burglary but the only evidence that he was armed was from his own statement existence of the firearm went only to the degree of the offense and was not as an element of proof
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 each Loan Party of each Credit Document executed, or to be executed, by such Loan Party and the consummation of the transactions contemplated thereby (i) are within the power of such Loan Party and (ii) have been duly authorized by all necessary actions on the part of such Loan Party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Set forth on Schedule 5.20(a) , is the following information which is true and complete in all respects as of the Closing Date and as of the last date such Schedule was required to be updated in accordance with Section 6.02: (i) a complete and accurate list of all Subsidiaries, joint ventures and partnerships and other equity investments of the Loan Parties as of the Closing Date and as of the last date such Schedule was required to be updated in accordance with Section 6.02, (ii) the number of shares of each class of Equity Interests in each Subsidiary outstanding, (iii) the number and percentage of outstanding shares of each class of Equity Interests owned by the Loan Parties and their Subsidiaries and (iv) the class or nature of such Equity Interests (i.e. voting, non-voting, preferred, etc.). The outstanding Equity Interests in all Subsidiaries of the Borrower are validly issued, fully paid and non-assessable and are owned free and clear of all Liens. There are no outstanding subscriptions, options, warrants, calls, rights or other agreements or commitments (other than stock options granted to employees or directors and directors’ qualifying shares) of any nature relating to the Equity Interests of any Loan Party or any Subsidiary thereof (other than the Borrower), except as contemplated in connection with the Loan Documents.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to Dan Tutcher from Mark Limbaugh. 56 . After reviewing City of Chanute, the court concludes that Southern’s assertion that this is "directly on point” is overstated. In City of Chanute, defendant had granted plaintiffs access to the pipeline. Despite Southern’s assertions to the contrary in its reply brief, none of the extensive materials submitted to the court indicates that GUA could have otherwise gained access to Southerns pipeline. 57 . In footnote 4 to its reply brief, Alagasco states that GUA incorrectly stated that Alagasco rescinded its offer to lower Tuscaloosa Steel’s transportation rates. Alagasco asserts that GUA was referring to a proposal to buy gas on Tuscaloosa Steel’s behalf. 58 . Referred to as SURF negotiations. 59 . See Mr. Furniture, supra, 919 F.2d at 1520 (<HOLDING>). 60 . The elements of this claim have been set Options: A. holding that plaintiff must show antitrust injury meaning injury of the type the antitrust laws were intended to prevent and which flows from defendants unlawful acts B. holding that there must be a causal connection between the alleged antitrust violation and the antitrust injury for there to be antitrust standing C. holding that a plaintiff must show antitrust injury in order to bring an antitrust lawsuit D. holding that an activity which is exempt from the antitrust laws cannot form the basis of an antitrust investigation E. holding that an antitrust injury is a necessary element of a 2 claim

assistant: The best answer is B. holding that there must be a causal connection between the alleged antitrust violation and the antitrust injury for there to be antitrust standing
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 embodies the entire agreement of the parties and supersede all prior agreements and understandings relating to the subject matter hereof and any prior letter of interest, commitment letter, fee letter, confidentiality and similar agreements involving any U.S. Loan Party and any of the Administrative Agent, the U.S. Collateral Agents, any Lender or any L/C Issuer or any of their respective Affiliates relating to a financing of substantially similar form, purpose or effect (other than the Fee Letter).

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 Borrower has the right and power, and has taken all necessary action to authorize it, to execute and deliver this Amendment and to perform its obligations hereunder and under the Credit Agreement, as amended by this Amendment, in accordance with their respective terms. This Amendment has been duly executed and delivered by a duly authorized officer of the Borrower and each of this Amendment and the Credit Agreement, as amended by this Amendment, is a legal, valid and binding obligation of the Borrower enforceable against the Borrower in accordance with its respective terms except as (i) the enforceability thereof may be limited by bankruptcy, insolvency or similar laws affecting creditors’ rights generally and (ii) the availability of equitable remedies may be limited by equitable principles of general applicability.

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: 621-622 (Tex. 1993). To be extreme and outrageous, conduct must be “ ‘so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.’ ” Mattix-Hill v. Reck, 923 S.W.2d 596, 597 (Tex.1996) (quoting Twyman, 855 S.W.2d at 621). Distress is considered severe only if it is so severe “that no reasonable person could be expected to endure it.” Benavides v. Moore, 848 S.W.2d 190, 195 (Tex.App.-Corpus Christi 1992, writ denied). Severe emotional distress does not include mere worry, anxiety, vexation, embarrassment, or anger. Regan v. Lee, 879 S.W.2d 133, 136 (Tex.App.-Houston [14th Dist.] 1994, no writ). See also GTE Southwest, Inc. v. Bruce, 998 S.W.2d 605, 612 (Tex.1999) (<HOLDING>). Whether conduct is extreme and outrageous and Options: A. recognizing that texas courts narrowly construe the intentional infliction of emotional distress doctrine B. recognizing the same rule in texas courts C. recognizing courts obligation to construe meaning of relatives D. holding that courts should liberally construe the requirements of rule 3 E. recognizing scotts admonition to construe the classbased animus requirement narrowly

assistant: The best answer is A. recognizing that texas courts narrowly construe the intentional infliction of emotional distress 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: This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which when taken together shall constitute but one contract, and shall become effective as provided in Section 7.04 hereof. Delivery of an executed counterpart to this Agreement by facsimile transmission or in electronic format (including “pdf”) shall be as effective as delivery of a manually signed original.

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: possessed in committing an offense. Searcy <& Patterson, Practice Commentary, 1 Texas Penal Code Annotated § 16.01 (Vernon 1974), quoted in Eodice, 742 S.W.2d at 846. The authors’ emphasis on the word “specially” suggests that the Legislature intended a narrow construction of what constitutes a criminal instrument. Finally, Janjua conflates two separate elements of the statute. The statute forbids possession of “a criminal instrument with intent to use it in the commission of an offense.” Thus, to be guilty of this offense, a person must (1) possess a criminal instrument, and (2) have the intent to use it in the commission of an offense. But rather than treating intent as a separate element, Janjua folds intent into the definition of “criminal instrument.” See 991 S.W.2d at 426 (<HOLDING>). We agree with Eodice and Andrews that intent Options: A. recognizing that the district court is not bound by its prior factual findings determined in a preliminary injunction hearing B. holding that the constitutional level of punitive damages is not a finding of fact that must be determined by the jury it may be determined de novo by the court C. holding that what constitutes a criminal instrument is determined by both its design or adaptation and its intended use D. holding that a contract was implied where the special employer allowed the claimant to come onto its premises use its equipment and participate in its show under its direction E. holding nature of motion is determined by its substance not its title

assistant: The best answer is C. holding that what constitutes a criminal instrument is determined by both its design or adaptation and its intended use
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: at issue in Perry concerned whether or not the employer had the opportunity to find and correct a grease spill on a stairway. At issue in this case, however, is an alleged dangerous condition in regard to an improperly secured manhole cover. The cause of this condition is not clear from the pleadings; however, it is likely that the condition existed prior to and at the time that the plaintiff boarded the ABS 1447 B. As mentioned previously, an employer has a duty to inspect third party ships to which it sends its employee to work upon. If, by a reasonable inspection, Yazoo River could have discovered the condition of the unsecured manhole cover, then the employer can be charged with notice of that condition. See Ribitzki v. Canmar Reading & Bates, 111 F.3d 658, 664 (9th Cir.1997) (<HOLDING>). The Court will, therefore, conduct an Options: A. holding that when a possessor knows that a dangerous condition frequently reoccurs plaintiffs had a right to go to the jury on the issue of defendants negligence even where plaintiffs could not show how long the condition remained on the stairs B. holding that contractor owed general negligence duty to thirdparty by dangerous condition contractor created on road C. holding that a plaintiff who had asserted no claim against a thirdparty defendant lacked standing to complain of the courts action with regard to the thirdparty defendant D. holding that a jury issue existed with regard to an alleged dangerous condition concerning an open hatch on a thirdparty vessel E. holding that in an action brought by alleged wife for permanent alimony suit money attorneys fees and restraining order an issue of fact existed concerning whether a commonlaw marriage existed thus precluding summary judgment

assistant: The best answer is D. holding that a jury issue existed with regard to an alleged dangerous condition concerning an open hatch on a thirdparty vessel
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: Viveve acknowledges InControl’s ownership, right and title to the Trademarks, Patents and copyright rights and shall not contest such ownership, right and title, nor knowingly do any act or omission that will impair the rights of InControl with respect to such Trademarks, Patents or copyrights.

assistant: Titles
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: Schedule 4.20 contains a true and complete list of each material insurance policy owned by, or maintained for the benefit of, the Company and the Company Subsidiaries (the “ Policies ”). None of the Company or the Company Subsidiaries is in material default under any of the Policies. All premiums due in respect of the Policies have been paid, and none of the Company or the Company Subsidiaries has received any written notice of cancellation of any such Policy or written notice with respect to any refusal of coverage thereunder. There are no outstanding unpaid claims under any such Policy or binder.

assistant: Insurances
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 provisions of this Agreement and the other Loan Documents shall be binding upon and inure to the benefit of the parties hereto and thereto and their respective successors and assigns permitted hereby, except the Borrower may not assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each of the Lenders and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of subsection (b) of this Section, (ii) by way of participation in accordance with the provisions of subsection (d) of this Section, or (iii) by way of pledge or assignment, or grant of a security interest, subject to the restrictions of subsection (f) of this Section (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in subsection (d) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent, the L/C Issuer and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything to the contrary in this Agreement, at any time Buyer may waive any Title Defect, Title Defect Value, Environmental Defect or Environmental Defect Value previously asserted by Buyer.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: any unlawful practice.” To establish a prima facie case of retaliation under both federal and state law, Lindsey must show that: (1) he engaged in a protected activity; (2) CPUD subjected him to an adverse employment action; and (3) “a causal link exists between the protected activity and the adverse action.” Manatt v. Bank of Am., NA, 339 F.3d 792, 800 (9th Cir.2003) (citation omitted). If Lindsey establishes these three elements, the burden shifts to CPUD to articulate its legitimate reasons for the adverse employment action. Id. If CPUD makes that articulation, Lindsey then has the burden, of showing that CPUD’s stated reasons are mere “pretext for a discriminatory motive.” Id. (citation omitted); see Snead v. Metro. Prop. & Cas. Ins. Co., 237 F.3d 1080, 1090-94 (9th Cir.2001) (<HOLDING>). 1. Lindsey’s Prima Facie Case CPUD does not Options: A. holding that even though oregon courts do not follow the burdenshifting approach the oregon rule is not outcomedeterminative so the burdenshifting framework is appropriate in the ninth circuit B. holding that the district court erred when it relied on neuschafer for the proposition that dismissal of mixed habeas petitions is not the rule in the ninth circuit C. holding that the ninth circuit is bound by the california supreme courts interpretation of california law D. holding that a jury is presumed to follow the trial courts instructions E. recognizing that this test applies in every federal circuit save the fourth and the ninth

assistant: The best answer is A. holding that even though oregon courts do not follow the burdenshifting approach the oregon rule is not outcomedeterminative so the burdenshifting framework is appropriate in the ninth circuit
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 Supp. of Commissioner’s Mot. for J. on the Pleadings at 15). Absent a valid explanation as to why the Appeals Council failed to seek out the clinical or diagnostic findings it required, such as Dr. Camille’s known inability or unwillingness to “provide certain tests or procedures,” 20 C.F.R. § 404.1512(f), the court is not satisfied that the Commissioner has fulfilled his affirmative obligation under the Social Security regulations and Second Circuit jurisprudence. Because the Commissioner did not discharge his affirmative duty to fully develop the administrative record with regard to Richardson’s mental impairments and failed to give a valid reason for not doing so, the court finds that the Commissioner committed legal error. See also Rosa v. Callahan, 168 F.3d 72, 80 (2d Cir.1999) (<HOLDING>). III. Use of the Medical-Vocational Guidelines Options: A. holding that where there are deficiencies in the record the alj is under an affirmative obligation to develop the relevant medical history B. holding that a treating physicians opinion may be rejected if it is brief conclusory and unsupported by medical evidence C. holding that where the alj had already obtained and considered reports from treating physicians the alj had before him a complete medical history and the evidence received from the treating physicians was adequate for him to make a determination as to disability D. holding that the commissioner must determine a claimants rfc based on all of the relevant evidence including medical records observations of treating physicians and others and an individuals own description of the limitations E. holding that commissioner committed legal error by foregoing opportunities to develop claimants medical history and by rejecting treating physicians medical assessment without fully developing factual record

assistant: The best answer is E. holding that commissioner committed legal error by foregoing opportunities to develop claimants medical history and by rejecting treating physicians medical assessment without fully developing factual record
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you will not do anything that could disable , overburden , or impair the proper working or appearance of facebook , such as a denial of service attack or interference with page rendering or other facebook functionality .

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: In the event of a Change in Control and provided that as of such Change in Control Grantee has been continuously employed by the Company since the Date of Grant, vesting of the RSUs shall accelerate and the RSUs shall become fully vested.

assistant: Change In Control
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 member of the Pershing Square Group represents and warrants to the Company that (a) Pershing Square, as the authorized signatory of such member of the Pershing Square Group, has the power and authority to execute this Letter Agreement and to bind such member of the Pershing Square Group thereto, (b) this Letter Agreement has been duly authorized, executed and delivered by such member of the Pershing Square Group, constitutes a valid and binding obligation of such member of the Pershing Square Group, and is enforceable against each such member of the Pershing Square Group in accordance with its terms, (c) the execution of this Letter Agreement by such member of the Pershing Square Group does not and will not violate or conflict with (i) any law, rule, regulation, order, judgment or decree applicable to such member of the Pershing Square Group, or (ii) result in any breach or violation of or constitute a default (or an event which with notice or lapse of time or both could constitute such a breach, violation or default) under or pursuant to, or result in the loss of a material benefit under, or give any right of termination, amendment, acceleration or cancellation of, any organizational document, agreement, contract, commitment, understanding or arrangement to which such member is a party or by which it is bound and (d) the Pershing Square Group beneficially owns in the aggregate 2,882,463 shares of Common Stock and does not have any other economic exposure to or voting power with respect to the Company . The Pershing Square Group has delivered to the Company a document summarizing the duration of certain of its publicly-disclosed investment s in publicly traded companies .

assistant: Powers