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 legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything in Section 4.2 to the contrary, Supplement D-7 Participants shall be vested in their Retirement Contribution only upon completing three (3) years of Vesting Service as defined below; provided, however that Supplement D‑7 Participants who were employed by Star Aggregates, Inc. on August 31, 2007, shall be fully vested.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall use the net proceeds from the sale of the Securities hereunder as described in the Prospectus Supplement, and shall not use such proceeds: (a) except as set forth on Schedule 4.7 , for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business), (b) for the redemption of any shares of Common Stock or Common Stock Equivalents, except for the repurchase of equity awards and underlying shares of Common Stock from employees and consultants whose service with the Company has terminated, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No Person will have, as a result of the transactions contemplated by the Transaction Documents, any valid right, interest or claim against or upon the Company, any Subsidiary or the Investor for any commission, fee or other compensation pursuant to any agreement, arrangement or understanding entered into by or on behalf of the Company, other than as described in Schedule 4.16 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: what ever [sic] terms you apply to guess work or subconscious feelings give rise to some thoughtful, some articulable, reasonable reflection on an evaluation of the evidence or lack of evidence in the case. Memorandum of Law, Statement of Facts, attached to Petition (Docket # 1) (quoting T.723). Turning first to the trial court’s alleged direction that a juror should be able to “articulate” his or her “reasonable doubt,” this statement is a variation on New York’s pattern jury instructions, which define reasonable doubt in part as “a doubt for which some reason can be given.” Vargas, 86 F.3d at 1277 (quoting 1 Criminal Jury Instructions (New York) § 3.07, at 92 (1983) and citing People v. Malloy, 55 N.Y.2d 296, 300, 303, 449 N.Y.S.2d 168, 170, 171, 434 N.E.2d 237, 238-39, 239-40 (<HOLDING>), cert. denied, 459 U.S. 847, 103 S.Ct. 104, 74 Options: A. holding that proof of a criminal charge beyond a reasonable doubt is required by the constitution B. holding that charge defining reasonable doubt as a doubt for which you can conscientiously express a reason was neither confusing nor inaccurate C. holding potential prejudice caused by equating reasonable doubt with a substantial doubt mitigated by providing an alternate definition of reasonable doubt as a doubt that would cause a reasonable person to hesitate to act D. holding that the giving of an erroneous reasonable doubt instruction can never be harmless error E. holding that beyond reasonable doubt standard not required in termination cases

assistant: The best answer is B. holding that charge defining reasonable doubt as a doubt for which you can conscientiously express a reason was neither confusing nor inaccurate
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 agree that all claims you may have against tripadvisor arising from or relating to this website must be heard and resolved in a court of competent subject matter jurisdiction located in the commonwealth of massachusetts .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is reasonably made. Jones v. State, 467 N.E.2d 681, 684 (Ind.1984). Where the trial court finds the existence of aggravating or mitigating circumstances, it is required to state its reasons for the sentence imposed. Ind.Code § 35-38-1-3. The statement should include an identification of the significant aggravating and mitigating circumstances, specific facts and reasons leading the court to find the existence of such circumstances, and an articulation demonstrating that the mitigating and aggravating circumstances have been evaluated and balanced in determining the sentence. Harris v. State, 659 N.E.2d 522, 527-528 (Ind. 1995). However, the finding of mitigating circumstances is not required and falls within the trial court’s discretion. Id. at 528; see also Jones, 467 N.E.2d at 684 (<HOLDING>). Further, “[a] trial court is not obligated to Options: A. holding that it was appropriate for the trial court to find that lack of a prior criminal record was not a mitigating factor in light of the violent nature of the crime committed B. holding that under 5k213 no departure may be given where the crime was violent in nature C. holding that the illinois crime of failure to report for imprisonment is not a violent felony for purposes of the armed career criminal act D. holding that the district court did not err in finding the record sufficient to conclude prior conviction qualified as a violent felony for purposes of the acca as the evidence was sufficient to conclude the criminal action charged in one court was the basis for a judgment against the defendant in a different court E. holding that trial judges do not have discretion to reject a mitigating factor altogether despite evidence in the record

assistant: The best answer is A. holding that it was appropriate for the trial court to find that lack of a prior criminal record was not a mitigating factor in light of the violent nature of the crime committed
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: prior to the sexual assault; (4) Smallwood was a major participant in the crime; (5) Gallegos expressed remorse for his involvement soon after the crime; and (6) the detective believed Gallegos had told him the truth during his confession. Clark elicited from Gallegos testimony confirming Saldate’s accounts, as well as evidence that Gallegos was quite intoxicated on the day of the crime. Clark also moved twice, albeit unsuccessfully, for acquittal on the sexual conduct with a minor charge. Moreover, as we have explained, although Clark conceded that Gallegos should be convicted, he did not concede that his client was guilty of first-degree murder, and acknowledging that Gallegos was responsible for the death could reasonably have been a strategic maneuver. See Hovey, 458 F.3d at 907 (<HOLDING>); Thomas, 417 F.3d at 1058 (declining to Options: A. holding cronic not applicable where counsel conceded his clients guilt to protect his own credibility and avoid conviction on other charges B. holding that the attorney violated mlrpc 13 when he did not prosecute his clients claim after filing a complaint or protect against expiration of the statute of limitation for his clients complaint and caused discovery sanctions to be filed for his failure to respond to discovery requests C. holding that the cronic presumption should apply where counsel was absent for two days during which the probability of his guilt increased during the governments presentation of evidence against his coconspirators D. holding that disbarment was proper where the attorney misappropriated payments from clients of his firm for his own use and took steps to conceal his conduct from his firm E. holding that trial counsels concession of defendants guilt to one of several charges in order to enhance his credibility in arguing against conviction on other charges is a reasonable trial strategy and not susceptible to cronics presumed prejudice analysis

assistant: The best answer is A. holding cronic not applicable where counsel conceded his clients guilt to protect his own credibility and avoid conviction on other 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: was adequate is unaffected by the FCC’s delay in entering the Joint Parties’ counterproposal into its database or otherwise making it public. Under the FCC’s cutoff rule, Crawford was precluded from filing his Mason proposal after the close of the Qua-nah initial comment period because the Joint Parties had s mistaken, but short-lived, docketing of his Mason proposal. As we have held in a similar factual setting, “an agency’s failure to follow its own regulations is fatal to the deviant action.” Florida Inst. of Technology, 952 F.2d at 553 (internal quotation marks omitted). Thus, the FCC’s erroneous docketing of the Mason proposal did not give Crawford any “rights he would not otherwise enjoy.” Id.; see also 21st Century Telesis Joint Venture v. FCC, 318 F.3d 192, 202 (D.C.Cir.2003) (<HOLDING>). Nor did Crawford detrimentally rely on the Options: A. recognizing that the declaratory judgment act is only procedural and does not create substantive rights internal quotation marks and citations omitted B. holding that apprendi error is harmless if the court finds beyond a reasonable doubt that the result would have been the same absent the error internal quotation marks and citation omitted C. recognizing that procedural sentencing error is harmless if the resulting sentence is not longer thanthat to which the defendant would otherwise be subject alterations and internal quotation marks omitted D. holding that a foreign entity without property or presence in this country has no constitutional rights under the due process clause or otherwise internal quotation marks omitted E. holding that the petitioner may not turn a clerical error into a windfall of rights it would not otherwise enjoy internal quotation marks omitted

assistant: The best answer is E. holding that the petitioner may not turn a clerical error into a windfall of rights it would not otherwise enjoy internal quotation marks omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Section 5 and Section 6(b) , payment for Vested PRSUs will be made in cash or Common Shares (as determined by the Committee) between January 1, 2019 and March 15, 2019.

assistant: General
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: unfair, or improper means; and (iv) the defendants’ acts injured the relationship.” Scutti Enters., LLC. v. Park Place Entm’t Corp., 322 F.3d 211, 215 (2d Cir.2003). Counterclaim 4 simply recites the elements of a claim for tortious interference with prospective business relations . without alleging facts to support this claim. Importantly, it fails to identify the business relationships and third parties to those relationships on which the claim is based. It fails to set forth any facts regarding the “improper, deceptive, illegal or fraudulent conduct” in which Plaintiff and Counter-Defendants engaged. Such conclusory allegations are insufficient to state a claim. See Advanced Global Tech. LLC v. Sirius Satellite Radio, Inc., 15 Misc.3d 776, 836 N.Y.S.2d 807, 812 (N.Y.Sup.Ct.2007) (<HOLDING>). To survive a motion to dismiss, a pleading Options: A. holding that plaintiffs conclusory allegations were insufficient to make out prima facie case for mere department status of foreign corporation defendant B. holding that plaintiffs allegations that defendant engaged in coercive business practices without justification entirely out of malice and without normal economic selfinterest were conclusory and thus insufficient to state a claim C. holding that allegations against nondiverse defendants must be factual not conclusory because conclusory allegations do not state a claim D. holding that conclusory allegations without supporting factual averments are insufficient to state a claim on which relief can be based citations omitted E. holding that conclusory allegations that defendant used coercive business practices to intentionally interfere with business relations was insufficient to state a claim

assistant: The best answer is B. holding that plaintiffs allegations that defendant engaged in coercive business practices without justification entirely out of malice and without normal economic selfinterest were conclusory and thus insufficient to state a claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to earlier termination of Executive’s employment pursuant to Section 5, this Agreement shall continue until the third anniversary of the Effective Date (the “ Initial Term ”). On completion of the Initial Term, this Agreement will automatically renew for subsequent one (1) year terms unless either party provides sixty (60) days’ advance written notice to the other that Company or Executive, as applicable, does not wish to renew the Agreement for a subsequent one (1) year term (the Initial Term and any subsequent renewal term shall be collectively referred to as the “ Term ”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. United States, 599 A.2d 1094, 1102 (D.C.1991)). Accordingly, the judgment on appeal herein with respect to R. J. is affirmed, and the judgment with respect to B.J. is reversed. So ordered. 1 . There is no petition for K.J.'s adoption involved in this case. 2 . There is also sufficient evidence to hold that the mother neglected her daughter according to another section of the D.C.Code dealing specifically with incarcerated parents. That section provides that a child is neglected if their parent "is unable to discharge his or her responsibilities to and for the child because of incarceration....” D.C.Code § 16-2301 (9)(A)(iii). For this section to apply, there must be a nexus between the incarceration and the inability to provide care. See In re T.T.C., 855 A.2d 1117, 1119 (D.C.2004) (<HOLDING>). Here, there seems to be a similar nexus Options: A. holding in termination of fathers rights that evidence was sufficient to support finding children were removed for abuse or neglect when previous decree reflected trial court made findings that children were removed from mother under chapter 262 for abuse or neglect B. holding an incarcerated fathers actions satisfied the standard for neglect who initially made arrangements for his children to receive adequate care but failed to provide sufficient legal protection so that the childrens drugaddicted mother could not take custody over them C. holding evidence insufficient to terminate mothers parental rights under section c because mother made arrangements for adequate support of children evidence showed mother left children with father who maintained steady employment and adequately supported children mother knew that father would provide adequate support and mother left children pursuant to agreed divorce decree D. holding care custody and control of children is a fundamental right E. holding that a state is required to provide medical care to incarcerated individuals

assistant: The best answer is B. holding an incarcerated fathers actions satisfied the standard for neglect who initially made arrangements for his children to receive adequate care but failed to provide sufficient legal protection so that the childrens drugaddicted mother could not take custody over them
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 use the proceeds from the sale of the Securities as set forth in Section 4. 8; provided , however , that the Company shall not use such proceeds (i) to pay any dividend or make any distribution on any such securities, or (ii) to repay any loan made to or incurred by any Key Employee or Affiliate of the Company.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 365 U.S. 123 81 S.Ct. 434 5 L.Ed.2d 455 NATIONAL LABOR RELATIONS BOARD, Petitioner,v.MATTISON MACHINE WORKS. No. 74. Argued Jan. 9, 1961. Decided Jan. 23, 1961. Mr. Norton J. Come, Washington, D.C., for petitioner. Mr. J. Warren McCaffrey, Chicago, Ill., for respondent. PER CURIAM. 1 The judgment of the Court of Appeals is reversed and the case remanded to that court for the entry of a decree enforcing the Board's order. The refusal of the Court of Appeals to enforce that order because the Board's notices of election contained a minor and unconfusing mistake in the employer's corporate name, was plain error. It was well within the Board's province to find, as it did, upon the record before it that this occurrence had not affected the fairness of the representation election, particularly in the absence of any contrary showing by the employer, upon whom the burden of proof rested in this respect. That finding should have been accepted by the Court of Appeals. In the absence of proof by the employer that there has been prejudice to the fairness of the election such trivial irregularities of administrative procedure do not afford a basis for denying enforcement to an otherwise valid Board order. 2 Judgment reversed and cause remanded.

assistant: 7
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: Any notice, consent, demand, or other communication to be given under or in connection with this Agreement shall be in writing and shall be delivered personally, telecopied, or sent by certified, registered or express mail, postage prepaid, to the parties at the following addresses or at such other addresses as shall be specified by the parties by like notice, and shall be deemed given when so delivered personally, telecopied or if mailed, two days after the date of mailing, , if to the Company, at its principal office, and, if to the Executive, to him at the address noted in the Company’s records.

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: 16 U.S.C. § 889f(e)(5). We review de novo the issue of standing to sue. Bernhardt v. County of Los Angeles, 279 F.3d 862, 867 (9th Cir.2002). We dismiss the petition for review. Pace failed to establish his standing under Article III, which is a prerequisite to his proceeding in this court. Specifically, Pace failed to establish that he suffered concrete and particularized injury that is actual or imminent, a causal connection between the injury and the conduct of which he complains, and the likelihood that a favorable decision will redress the alleged injury. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992) (setting forth elements of standing); Nw. Envtl. Defense Ctr. v. Bonneville Power Admin., 117 F.3d 1520, 1527-28 (9th Cir.1997) (<HOLDING>). PETITION FOR REVIEW DISMISSED. ** This Options: A. holding that standing is implicit in trial courts subject matter jurisdiction to consider case B. holding that a federal district court lacked subject matter jurisdiction over a suit that effectively sought review of an indiana state courts decision C. recognizing that petitioners of final bpa decision established standing on direct review in this court and thus the courts subject matter jurisdiction by submitting affidavits to the court D. holding that federal district courts lack jurisdiction to review a final state court decision in a particular case E. holding that the bias streamlining procedure does not compromise appellate review because the ijs decision becomes the final agency action subject to direct review by the court of appeals

assistant: The best answer is C. recognizing that petitioners of final bpa decision established standing on direct review in this court and thus the courts subject matter jurisdiction by submitting affidavits to the court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Unless previously terminated, with respect to each Lender, the USD Commitments and the MC Commitments of such Lender shall terminate on the Maturity Date applicable to such Lender.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: compensation entitlements, see Kelsay v. Motorola, Inc., 74 Ill.2d 172, 23 Ill.Dec. 559, 384 N.E.2d 353 (1978), which, like pension and other plan benefits, fall within a class of economic rights and privileges that provide for the special needs of employees in the modern workplace. This view of § 510 would call for an application of Illinois’ residual five-year statute of limitations, 735 ILCS 5/13-205 (1992), since the only Illinois court apparently to have addressed the issue has found that retaliatory discharge claims against private employers are governed by this limitations provision. See Henon v. Lever Brothers Co., 114 Ill.App.3d 608, 70 Ill.Dec. 322, 449 N.E.2d 196 (1983); see also Halleck v. County of Cook, 202 Ill.Dec. 374, 377-78, 637 N.E.2d 1110, 1113-14 (Ill.App.1994) (<HOLDING>); Berghoff v. R.J. Frisby Manufacturing Co., Options: A. recognizing retaliatory discharge tort implied by the workers compensation act B. holding that the governmental tort immunity acts oneyear limitations period applies to retaliatory discharge claims against public bodies distinguishing but not criticizing henon C. holding that chapter 504 waives the governmental immunity of political subdivisions for retaliatory discharge claims under chapter 451 D. holding that the aedpa oneyear statute of limitations applies to amendments to 2255 motions E. recognizing the tort of retaliatory discharge

assistant: The best answer is B. holding that the governmental tort immunity acts oneyear limitations period applies to retaliatory discharge claims against public bodies distinguishing but not criticizing henon
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Judge Byrd’s July 13, 2007 order, imposing sanctions under Super. Ct. Dom. Rel. R. 11 for his filing of the 2007 Complaint for Custody. The sanctions against both Upson and Merkle were imposed in the form of an attorney’s fee award to Wallace, who proceeded pro se in both matters. We address the two appeals together because both require the resolution of a common issue: whether a trial court can impose a sanction of attorney’s fees, pursuant to the court’s inherent power or pursuant to Super. Ct. Dom. Rel. R. 11, to be awarded to an attorney appearing pro se as a litigant. We hold that it cannot. Sanctions Under Superior Court Domestic Relations Rule 11 Super. Ct. Dom. Rel. R. 11 sanctions are available when a “pleading, motion, or other paper” that is sig 3d 1365, 1375 (Fed.Cir.2002) (<HOLDING>). We are persuaded by the foregoing authorities Options: A. holding that a defendant proceeding pro se is bound by same rules as party represented by counsel and a court cannot allow pro se litigant lower standard of performance B. holding that the language of fed rcivp 37 a rule that allows for sanctions regarding discovery violations does not allow a pro se lawyer to receive fees for his own time C. holding that a motion for rule 37 sanctions is dispositive D. holding that new jersey rule patterned on fed r civ p 11 precludes a pro se attorney litigant from receiving attorneys fees because such fees are not actually incurred E. holding that california rule modeled almost word for word on rule 11 of the federal rules of civil procedure does not allow a pro se attorney litigant to recover sanctions in the form of an award of attorneys fees

assistant: The best answer is B. holding that the language of fed rcivp 37 a rule that allows for sanctions regarding discovery violations does not allow a pro se lawyer to receive fees for his own time
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term of Employment, the Executive shall be entitled to receive an annualized base salary (the “ Base Salary ”) of not less than $700,000. The Compensation Committee of the Board of Directors (the “ Compensation Committee ”) shall review the Executive’s Base Salary annually to determine whether increases are appropriate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: address the subject of her pending lawsuit at the board meeting. We have considerable doubt that this evidence proves a sufficient ratification or proper approval of the earlier installation of the flooring. Mr. Coric did not introduce the complete declaration of condominium or any by-laws of the association, and it seems doubtful that a vote without notice to Ms. Price and other affected unit owners would comply with even the limited due process expected within the workings of a condominium association. We are not required to resolve that issue, however, because the trial court permitted the Cories to present an affirmative defense that was not encompassed within the pleadings. See, e.g., BSP/Port Orange, LLC v. Water Mill Properties, Inc., 969 So.2d 1077, 1078 (Fla. 5th DCA 2007) (<HOLDING>). Ms. Price immediately and vehemently objected Options: A. holding that the plaintiff waived an objection to the defendants failure to plead qualified immunity as an affirmative defense B. holding appellants failure to plead affirmative defense of modification precluded trial court from considering evidence of oral modification at summary judgment hearing C. holding that at summary judgment hearing trial court erred by considering theory not raised in the pleadings D. holding that failure to plead affirmative defense to original complaint does not amount to waiver where defense is raised in response to amended complaint E. holding that denial of petition for modification of maintenance was proper when the parties agreement prohibited modification of maintenance

assistant: The best answer is B. holding appellants failure to plead affirmative defense of modification precluded trial court from considering evidence of oral modification at summary judgment hearing
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 the Aggregate Commitments are increased in accordance with this Section, the Administrative Agent and the Borrower shall determine the effective date (the “ Increase Effective Date ”) and the final allocation of such increase. The Administrative Agent shall promptly notify the Borrower and the Lenders of the Increase Effective Date.

assistant: Effective Dates
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: error, Jackson v. United States, 526 F.3d 394, 396 (8th Cir.2008). We agree with Cvijanovich that he was legally entitled to any copies made of original documents to which he was also legally entitled. See id. (explaining that Rule 41(g) movant’s obligation to establish lawful entitlement to the property sought to be returned is often satisfied by showing that the property was seized from movant’s possession); Sovereign News Co. v. United States, 690 F.2d 569, 577 (6th Cir.1982) (determining that business had property interest in, and right to return of, copies of seized business records because the original records were the sole property of the business), cert. denied, 464 U.S. 814, 104 S.Ct. 69, 78 L.Ed.2d 83 (1983); cf. Marvin v. United States, 732 F.2d 669, 675-76 (8th Cir.1984) (<HOLDING>). The burden therefore shifted to the Options: A. recognizing that rule 45 can be used to subpoena documents to be introduced at trial as trial exhibits but rejecting plaintiffs argument that documents sought after the discovery cutoff were for use as trial exhibits where the scope of the request is broad and clearly is designed for discovery not lastminute trial needs such as for originals of documents where copies were produced in discovery and there is a need for the original at trial B. holding that a court must review all of the documents claimed as privileged and cannot rely on a random sampling of documents to determine privilege C. holding that pursuant to the best evidence rule trial testimony relying on documents was inadmissible without submission of such documents or an explanation as to why the documents were unavailable D. holding an agency need not demonstrate that all responsive documents were found and that no other relevant documents could possibly exist E. holding that where original documents were illegally seized those documents as well as all copies had to be returned

assistant: The best answer is E. holding that where original documents were illegally seized those documents as well as all copies had to be returned
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: Record is noted in the Chronological Case Summary.” Orders issued by a trial court after this date generally are void. Id. “The policy underlying the rule is to facilitate the efficient presentation and disposition of the appeal and to prevent the simultaneous review of a judgment by both a trial and appellate court.” Id. There are exceptions to this rule, such as to allow a trial court “‘to reassess costs, correct the record, enforce a judgment, continue with a trial during an interlocutory appeal concerning venue, or preside over matters which are independent of and do not interfere with the sub ject matter of the appeal.’ ” Id. (quoting Clark v. State, 727 N.E.2d 18, 21 (Ind.Ct. App.2000), trans. denied); see also In re Marriage of Bartley, 712 N.E.2d 537, 547 (Ind.Ct.App.1999) (<HOLDING>). Here, the Notice of Completion of the Clerk’s Options: A. holding that an order purporting to amend a judgment was void because it was entered after the trial court had lost jurisdiction to rule on the parties postjudgment motions B. holding that a wife obtained a vested interest in her portion of the retirement benefits as of the date of the divorce decree and any act of the military spouse that unilaterally decreases the nonmilitary spouses vested interest is an impermissible modification of a division of marital property and a violation of the final decree of divorce C. holding trial court order which purportedly corrected divorce decree to alter marital property division was void because it was entered after this court obtained jurisdiction D. holding that the superior court had no jurisdiction over the division of marital property when the district court had properly invoked jurisdiction over the property E. holding that the trial court had authority to enforce a marital property settlement agreement that had not been incorporated into the parties final divorce decree

assistant: The best answer is C. holding trial court order which purportedly corrected divorce decree to alter marital property division was void because it was entered after this court obtained jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in the initial inquiry, it likewise cannot be rewarded for engaging in the most cursory of investigations into this child's heritage, notwithstanding Mother’s unequivocal assertions that Father was an enrolled member of the Cherokee Nation. I construe the events following that initial response from Cherokee Nation as Appellants’ good-faith reliance on the tribe’s representations that Baby Girl was not Cherokee and ICWA was not applicable. Ignoring the bonding that occurred here is simply ignoring the reality of this case. 72 . By way of supplemental citation, Father contends Mother’s preference that Baby Girl be placed with Appellants is, standing alone, insufficient to constitute good cause warranting deviation from section 1915(a). See In re T.S.W., 276 P.3d 133 (Kan.2012) (<HOLDING>). I do not disagree. Although I recognize that Options: A. holding that probation does not constitute a sentence B. holding placement preference of birth mother alone does not constitute good cause to deviate from placement preferences under icwa C. holding that perjured testimony standing alone does not constitute fraud upon the court D. holding lack of prejudice to the defendant is not good cause E. holding that the accrual of attorneys fees alone is sufficient to establish cause

assistant: The best answer is B. holding placement preference of birth mother alone does not constitute good cause to deviate from placement preferences under icwa
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The following Sections of this Agreement, as well as any other provisions in this Agreement which specifically state they will survive termination or expiration of this Agreement, shall survive termination of this Agreement for any reason: Section 1 , Section 2 ( provided that the license granted in Section 2.1 shall be non-exclusive and all such sections shall survive for the sole purpose of selling out remaining inventory of Product), Section 3.1 and Section 3.2 (with respect to earned and unpaid milestone payments), Section 3.3 and Section 3.4 (with respect to earned and unpaid royalty payments), Sections 3.5 through Section 3.11 inclusive (with respect to milestone and royalty payments due prior to and earned and unpaid accrued milestone and royalty payments owed after such termination or expiration), Sections 4.4 , 5 , 6 , 7.3 , 7.4 , 8 (with respect to pending claims thereunder), and Section 9 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties hereto acknowledge that this Agreement sets forth the entire agreement and understanding of the parties and supersede all prior written or oral agreements or understandings with respect to the subject matter hereof. No modification of any of the terms of this Agreement, or any amendments thereto, shall be deemed to be valid unless in writing and signed by an authorized agent or representative of both parties hereto. No course of dealing or usage of trade shall be used to modify the terms and conditions herein. This Agreement shall be binding on each of Taro and Vanda and their respective permitted successors and assigns.

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: Each party represents to the other party that (a) it has the corporate or other requisite power and authority to execute, deliver and perform this IP Agreement, (b) the execution, delivery and performance of this IP Agreement have been duly authorized by all necessary corporate or other action, (c) this IP Agreement has duly and validly executed and delivered, and (d) this IP Agreement is a legal, valid and binding obligation, enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and general equity principles.

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 case excerpt and choose the best holding from the options. Case excerpt: claim because "she was not diligent in preserving her legal rights”); Felty, 818 F.2d at 1129 ("One who fails to act diligently cannot invoke equitable principles to excuse that lack of diligence.”) (quoting Baldwin County Welcome Ctr. v. Brown, 466 U.S. 147, 151, 104 S.Ct. 1723, 80 L.Ed.2d 196 (1984)); United States ex rel. Cogifer, S.A. v. Ins. Co. of North Am., Civ. A. No. 86-183-NN, 1987 WL 19932, at *4 (E.D.Va. Oct. 15, 1987) (unpublished). 11 . See, e.g., Cada v. Baxter Healthcare Corp., 920 F.2d 446, 450-51 (7th Cir. 1990). 12 . See, e.g., Humble Oil, 402 F.2d at 896 (finding equitable estoppel where surety reneged on promise to pay after statute of limitations had run). 13 . See, e.g., United States ex rel. Nelson v. Reliance Ins. Co., 436 F.2d 1366, 1371 (10th Cir.1971) (<HOLDING>); United States ex rel. Atlas Erection Co. v. Options: A. holding that a performance bond surety was allowed to sue the government based on the doctrine of equitable subrogation B. holding that an agreement which required the submission of an affidavit of payment to subcontractors or lien waivers before payment was made by the general contractor was for the direct benefit of the subcontractors C. holding that a surety has standing to sue for a progress payment released by the government after notification by the surety of unpaid subcontractors D. holding that estoppel applied where surety repeatedly responded to subcontractors threats to sue with answers which assured them that amicable settlement was just around the corner E. holding that there is no privity of contract between the government and a surety since the government is not a party to the agreement between the surety and the contractor the government never undertakes an obligation to the surety

assistant: The best answer is D. holding that estoppel applied where surety repeatedly responded to subcontractors threats to sue with answers which assured them that amicable settlement was just around the corner
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 payments hereunder with respect to any Obligations shall be made to the Agent on behalf of the Beneficiaries at the Agent’s Accounts or at such other branch or agency of the Agent as the Agent shall designate from time to time by notice in writing to the Guarantors.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 198, ¶ 15, 761 A.2d 291 (adopting the view that we should not "anticipate a question of constitutional law in advance of the necessity of deciding it” (quotation marks omitted)). 12 . In fact, the court already could have terminated the guardianship. The mother represented in her first four affidavits that the child's father was unknown. There is now no dispute that she believed R.M. to be the father, and informed him and the court of that fact just weeks after filing her affidavit. When, in January of 2010, the court realized that the father had been identified, it could have terminated the guardianship because it was based on the fraud or misrepresentation of the mother. See 18-A M.R.S. § 5-204; M.R. Civ. P. 60(b)(3); Presnell v. Peoples Heritage Bank, 619 A.2d 1205, 1206 (Me.1993) (<HOLDING>). Indeed, the guardianship may no longer exist Options: A. recognizing the courts inherent sua sponte powers in certain circumstances to allow it to manage its own affairs so as to achieve the orderly and expeditious disposition of cases in the furtherance of justice quotation marks omitted B. recognizing inherent power in the courts to preserve the efficient and expeditious administration of justice and protect it from being impaired or destroyed C. recognizing a district judge may dismiss a case sua sponte under either rule 41b or its inherent authority to manage its docket D. recognizing every federal appellate court has a special obligation to consider its own jurisdiction even if it must do so sua sponte E. holding that the right to choose counsel cannot be manipulated so as to obstruct the orderly procedure in the courts or to interfere with the fair administration of justice

assistant: The best answer is A. recognizing the courts inherent sua sponte powers in certain circumstances to allow it to manage its own affairs so as to achieve the orderly and expeditious disposition of cases in the furtherance of justice quotation marks omitted
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: Virgin Islands, except where a direct review may be had in the Supreme Court. The jurisdiction of the United States Court of Appeals for the Federal Circuit shall be limited to the jurisdiction described in sections 1292(c) and (d) and 1295 of this title. 28 U.S.C. § 1291. 18 . In an effort to meet this burden, during the April 25, 2012 Hearing, U.S. Steel’s counsel argued that its Motion for Expedited Relief (Docket No. 53) and Motion to Seal (Docket No. 64) were akin to a motion for an injunction. (Docket No. 209 at p. 14, Ins. 11-12). Although obtaining an injunction can render prevailing party status, such status is only awarded in cases where the underlying lawsuit seeks permanent injunctive relief. See e.g. Sole v. Wyner, 551 U.S. 74, 86, 127 S.Ct. 2188, 167 L.Ed.2d 1069 (2007) (<HOLDING>); Singer Mgmt. Consultants, Inc. v. Milgram, Options: A. holding that attorneys fees awards are available under 1988 for frivolous actions B. holding that interim awards of attorneys fees are inappropriate where the only relief obtained is a preliminary injunction which may be subsequently overturned on the merits C. holding preliminary injunction improper where it exceeded the relief sought and granted the same relief which would have been given in a final order of permanent injunction D. holding that a district court may award attorneys fees while the merits are on appeal E. holding that a preliminary injunction reversed on appeal does not support an award of attorneys fees

assistant: The best answer is B. holding that interim awards of attorneys fees are inappropriate where the only relief obtained is a preliminary injunction which may be subsequently overturned on the merits
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 masculine gender, when appearing in the Plan, shall include the feminine gender (and vice versa), and the singular shall include the plural, unless the Plan clearly states to the contrary. Headings and subheadings are for the purpose of reference only and are not to be considered in the construction of the Plan. If any provision of the Plan is determined to be for any reason invalid or unenforceable, the remaining provisions shall continue in full force and effect. All of the provisions of the Plan shall be construed and enforced according to the laws of the State of Illinois without regard to conflict of law principles and shall be administered according to the laws of such state, except as otherwise required by ERISA, the Code, or other Federal law.

assistant: Construction
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 Loan Parties and each of their Restricted Subsidiaries have timely filed or caused to be filed all tax returns and reports which are required to be filed, except where failure to file any such returns would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect, and have paid or caused to be paid all taxes required to be paid by the Loan Parties or any Restricted Subsidiary or any assessments made against them or any of their respective material properties, assets, income, businesses and franchises and all other material taxes, fees or other charges imposed on them or any of their respective properties, assets, income, businesses and franchises by any Governmental Authority (other than those the amount or validity of which is contested in good faith by appropriate proceedings and with respect to which reserves in conformity with GAAP have been provided on the books of the Loan Parties or any such Restricted Subsidiary, as the case may be), except where failure to take any such action would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect; and no tax liens have been filed and no claims are being asserted with respect to any such taxes, fees or other charges (other than such liens or claims, the amount or validity of which is currently being contested in good faith by appropriate proceedings and with respect to which reserves in conformity with GAAP have been provided) which would be reasonably expected to have, individually or in the aggregate, a Material Adverse Effect.

assistant: Taxes