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: from seeking to accelerate the rent, despite being in possession of the leased property. The same is not true regarding the annual maintenance fee. First, the acceleration clause does not mention the annual maintenance fee, only stating that “the Minimum Rent for the unexpired portion of the Term shall be accelerated... and shall become due and be paid upon the demand of [IMAX].” (Doc. 1, Ex. A at p. 11 of 26.) Thus, Plaintiff has no contractual claim to acceleration of the annual maintenance fee. Second, Plaintiff would be unjustly enriched if it were allowed to accelerate the annual maintenance fee where it is in possession of the IMAX system and cannot possibly have any future maintenance obligations to Defendant. See Mitchell v. Moore, 729 A.2d 1200, 1203 (Pa.Super.Ct.1999) (<HOLDING>). Plaintiff would essentially be paid for Options: A. holding that a party is unjustly enriched where under the circumstances it would be inequitable for the party to retain a benefit for which it has not provided value B. holding that a constructive trust is imposed in order to prevent injustice and that such a trust may be imposed when the circumstances show that it would be inequitable for the holder of legal title to retain the property C. holding that it is not D. holding that an arbitration agreement enforceable against party who signed the agreement even where the other party did not sign it because generally it is enough that the party against whom the contract is sought to be enforced signs it E. holding that a constructive trust will be imposed where the evidence is clear and convincing that one party will be unjustly enriched if allowed to retain the entire property

assistant: The best answer is A. holding that a party is unjustly enriched where under the circumstances it would be inequitable for the party to retain a benefit for which it has not provided value
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: § 2242, Pub.L. No. 105-277, Div. G, 112 Stat. 2681, 2681-761 (Oct. 21, 1998), provides that a signatory nation will not "expel, return!,] or extradite” an alien to another country “where there are substantial grounds for believing that he would be in danger of being subjected to torture.” See Khourassany v. INS, 208 F.3d 1096, 1099 (9th Cir.2000). 2 . Because the IJ found Ornelas-Chavez’s testimony credible and the BIA did not make a contrary finding, we accept the facts given by Ornelas-Chavez and all reasonable inferences to be drawn from them as true. See Zheng v. Ashcroft, 332 F.3d 1186, 1189 n. 4 (9th Cir.2003). 3 . Whether Ornelas-Chavez belongs to a protected social group is not at issue in this appeal. See generally Hernandez-Montiel v. INS, 225 F.3d 1084, 1094 (9th Cir.2000) (<HOLDING>). 4 . BLACK'S LAW DICTIONARY 1369 (8th Ed.2004) Options: A. holding that government material witnesses do not constitute a particular social group B. recognizing as a distinct social group gay men with female sexual identities in mexico C. recognizing women as a distinct group D. holding that government informants are not members of a particular social group E. recognizing native americans as a distinct group

assistant: The best answer is B. recognizing as a distinct social group gay men with female sexual identities in mexico
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: 513 U.S. at 281); see also Southland, 465 U.S. at 16; Garmo, 101 Wn.2d at 590, or by “rely[ing] on the uniqueness of an agreement to arbitrate.” Perry, 482 U.S. at 492 n.9 (emphasis added). ¶12 We engage in de novo review of a trial court’s decision to grant a motion to compel or deny arbitration. Ticknor v. Choice Hotels Int’l, Inc., 265 F.3d 931, 936 (9th Cir. 2001), cert. denied, 534 U. of Seattle, 111 Wn.2d 903, 766 P.2d 1099 (1989); Bruce v. N.W. Metal Prods. Co., 79 Wn. App. 505, 513, 903 P.2d 506 (1995) (“Under Washington law, a disability discrimination claim arises out of statute, the WLAD, and is not preempted by any contractual or CBA [collective bargaining agreement] requirements or remedies.”); Ervin v. Columbia Distrib., Inc., 84 Wn. App. 882, 891, 930 P.2d 947 (1997) (<HOLDING>). The United States Supreme Court, however, has Options: A. recognizing in a case involving analogous provisions of the labor management relations act of 1947 29 usc 185 that a majority of courts in other jurisdictions agree with solomon and citing the 1st 2nd 6th 7th 8th 9th and dc circuits B. holding that 301 of the labor management relations act of 1947 29 usc 185 does not preempt claims brought under washingtons minimum wage act chapter 4946 rcw C. holding that former employees state law claim of fraud brought against his former employer was preempted by labor management relations act D. holding a state court tort action for retaliatory discharge removable because it arose under 301 of the labor management relations act rather than illinois state law E. holding state law claim preempted by 301 of labor management relations act only if application of state law requires interpretation of collective bargaining agreement

assistant: The best answer is B. holding that 301 of the labor management relations act of 1947 29 usc 185 does not preempt claims brought under washingtons minimum wage act chapter 4946 rcw
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: By and immediately upon the issuance of a Letter of Credit (or an amendment to a Letter of Credit increasing the amount thereof) and without any further action on the part of the Issuing Bank that is the issuer thereof or the Lenders, such Issuing Bank hereby grants to each Revolving Lender, and each Revolving Lender hereby acquires from such Issuing Bank, a participation in such Letter of Credit equal to such Revolving Lender’s Applicable Percentage of the aggregate amount available to be drawn under such Letter of Credit. In consideration and in furtherance of the foregoing, each Revolving Lender hereby absolutely, irrevocably, and unconditionally agrees to pay to the Administrative Agent, for the account of such Issuing Bank, such Revolving Lender’s Applicable Percentage of each LC Disbursement made by such Issuing Bank and not reimbursed by the Borrower on the date due as provided in paragraph (f) of this Section 2.05, or of any reimbursement payment required to be refunded to the Borrower for any reason. Each Revolving Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of Letters of Credit is absolute, irrevocable, and unconditional and shall not be affected by any circumstance whatsoever, including any amendment or extension of any Letter of Credit or the occurrence and continuance of a Default or an Event of Default or any reduction or termination of the Revolving Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever.

assistant: Participations
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: support this conclusion, and nothing points the other way. First, RICO’s statutory scheme resembles the EPCA more than the RCRA. Both RICO and the EPCA stand alone in grappling with a broad social issue, whereas the RCRA had a closely related statute on which the Court in Meghrig relied heavily. Second, as in both Porter and Mitchell, the government brought the suit rather than a private party like the Meghrig plaintiff, and Porter makes clear that district courts may have “even broader and more flexible” equitable powers where the public interest is involved, 328 U.S. at 398, 66 S.Ct. 1086. This point has particular traction if the government is the only party that may seek equitable relief under RICO. See Religious Tech. Ctr. v. Wollersheim, 796 F.2d 1076, 1083-89 (9th Cir.1986) (<HOLDING>). But see Nat’l Org. for Women, Inc. v. Options: A. holding that equitable relief is not available to an individual under this section of the fdcpa B. holding that private plaintiffs can seek equitable relief under rico C. holding that damages are not relief that is available under the idea D. holding that equitable relief under rico is available only to the government E. holding that claims for equitable relief under 502a3 are only available when a plaintiff has no other relief under erisa

assistant: The best answer is D. holding that equitable relief under rico is available only to the government
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: Parent fails, or fails to cause each of its Significant Subsidiaries to, (a) keep true and accurate records and books of account in which full, true and correct entries will be made in accordance with generally accepted accounting principles and (b) to the extent deemed necessary or appropriate by Parent, maintain adequate accounts and reserves for all taxes (including income taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves; and such failure continues for fifteen (15) days after Notice thereof has been given to the Borrower by the Lender.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If Executive commits a material breach of any of Executive’s obligations under this Separation Agreement, in addition to any other legal or equitable remedies it may have for such breach, including the remedies in Section 6(f) above, the Company shall be entitled to its attorneys’ fees incurred due to such breach and shall have the right to terminate and recover the payments and benefits provided to Executive under this Separation Agreement. The termination or recovery of such payments or benefits in the event of Executive’s breach will not affect Executive’s continuing obligations under this Separation Agreement. Notwithstanding the foregoing, this Section 10 will not apply if Executive files a claim seeking to invalidate the validity of this Separation Agreement under the ADEA for failure to provide sufficient time for review and revocation as required under this law. For the avoidance of doubt, any filing or assertion of any claim in violation of Section 5 or any other provision of this Separation Agreement shall constitute a breach for purposes of this Section.

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: a. The receiving party shall protect all of the disclosing party's Proprietary Information as confidential information and, except with the prior written consent of the disclosing party or as otherwise specifically provided herein, shall. not disclose, copy or distribute such Proprietary Information to any other individual, corporation or entity for a period of three (3) years from the date of disclosure.

assistant: No
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: prohibits the use of the criminal contempt power against speech except in cases presenting a clear and present danger of obstructing the administration of justice.” (J.A. 1438.) Unfortunately, it is not clear on what basis the Special Master arrived at these conclusions. Significantly, the December 22, 2010 Recommendation does not acknowledge that this Court, in its July 16, 2010 Order, had adopted the Special Master’s previous recommendation that the statements in the July 7, 2009 Opinion were not protected by the First Amendment, and, consequently, held that the People were not required to meet the “clear and present danger” standard or to otherwise prove that issuance of the July 7, 2009 Opinion caused an actual delay in the Ford matter or actually destroyed the p 9-30 (1994) (<HOLDING>). However, Kendall did not make these Options: A. holding judges letter to the editor advocating against gay rights constituted speech fully protected by the first amendment B. holding judges offensive comments made on television show fully protected by first amendment C. holding that comments made by deputy sheriff as president of sheriffs union were prima facie protected by the first amendment as a contribution to political debate D. holding first amendment claim requires actual protected conduct E. holding that private possession of child pornography is not protected by the first amendment

assistant: The best answer is B. holding judges offensive comments made on television show fully protected by first amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Buyer acknowledges and agrees that the Diligence Documents furnished or made available by Seller to Buyer are for informational purposes only. Subject to Section 3 hereof, Buyer shall independently confirm to its satisfaction all information that it considers material to its purchase of the Equity Interests in each Land Holding Company, and Buyer shall not rely on any representation or warranty by Seller other than Seller’s Warranties set forth in Section 10 herein or the correctness, accuracy or completeness of any information contained in any Diligence Document or otherwise furnished or made available to Buyer by Seller in determining the Purchase Price or the allocation thereof.

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 legal provision and list the applicable contract clause categories. Provision: Each trade name, trademark or service mark used in connection with the Real Property as identified on Schedule 4 attached hereto, to the extent the same are assignable under applicable law without the consent of any third party that has not been obtained (the “ Assumed Trademarks ”); except that in no event shall the Assumed Trademarks be deemed to include the trade names “IMH”, “IMH Financial Corporation”, “Titan” or any similar name or mark, whether or not registered.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the fullest extent permitted by law, Borrower and Lender HEREBY WAIVE THEIR RESPECTIVE RIGHT TO TRIAL BY JURY in any action, proceeding and/or hearing on any matter whatsoever arising out of, or in any way connected with, the Note, the Security Instrument or any of the other Loan Documents, or the enforcement of any remedy under any law, statute, or regulation. Neither party will seek to consolidate any such action in which a jury has been waived, with any other action in which a jury trial cannot or has not been waived. Each party has received the advice of counsel with respect to this waiver.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you believe that any materials accessible on or from the service infringe your copyrights , you may request the removal of those materials ( or access thereto ) by contacting our copyright agent .

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: Maintain insurance with financially sound and reputable insurance companies ( provided that this Section 8.6 shall not be breached if an insurance company with which the Borrower or any Subsidiary maintains insurance becomes financially troubled and the Borrower or such Subsidiary promptly obtains coverage from a different, financially sound insurer) against at least such risks and in at least such amounts as are customarily maintained by similar businesses and as may be required by Applicable Law (including, without limitation, hazard and business interruption insurance). All such insurance shall, (a) provide that no cancellation or material modification thereof shall be effective until at least 30 days (or 10 days in the case of failure to pay premium) after receipt by the Administrative Agent of written notice thereof, (b) in the case of each liability insurance policy, name the Administrative Agent as an additional insured party thereunder and (c) in the case of each casualty insurance policy, name the Administrative Agent as lender’s loss payee, as its interests may appear; provided that in the case of clauses (b) and (c), to the extent the Borrower has been unable to obtain such endorsements on or prior to the Closing Date after the use of commercially reasonable efforts, such endorsements shall instead be required to be delivered after the Closing Date pursuant to arrangements and timing to be mutually agreed by the Administrative Agent and the Borrower acting reasonably (but not to exceed 60 days after the Closing Date, unless extended by the Administrative Agent). On the Closing Date and from time to time thereafter (but no more than once annually) deliver to the Administrative Agent upon its reasonable request information in reasonable detail as to the insurance then in effect, stating the names of the insurance companies, the amounts and rates of the insurance, the dates of the expiration thereof and the properties and risks covered thereby.

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: Assignor hereby transfers, assigns and conveys all of its rights, powers, privileges and interests in, to and under the Development Agreement to Assignee, its successors and assigns, fully intending that Assignee, its successors and assigns, shall have the rights and powers and be entitled to the benefits thereunder to the same degree and extent as though the Development Agreement had been made between Assignee and Developer.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in appropriate cases, bow to accommodate other legitimate interests in the criminal trial process.” (internal quotation marks omitted)). The testimony must still be relevant, and to make a relevance determination, a trial court must review the evidence with reference to the specific elements of the offense (or defense) in question. See Markey, 393 F.3d at 1135. Where a defendant refuses to make a proffer and thereby precludes the trial court from conducting this review, the court’s exclusion of the evidence does not violate a defendant’s right to testify. Whether the district court excluded the evidence because the proffer did not adequately support the defense or because there was no proffer, the threshold showing of relevance has not been met. See Portillo-Vega, 478 F.3d at 1197-2000 (<HOLDING>). Equally, the . Confrontation Clause is not Options: A. holding that duress evidence was properly excluded where defendant failed to proffer evidence on each element of the defense B. holding that a proffer of evidence for purposes of credibility made during a hearing under rule 412 of the texas rules of evidence did not preserve a confrontation clause argument for appeal because such a proffer did not bring the judges attention to the appropriate evidence rule or statute C. holding that the trial court properly excluded evidence relating to a purported additional suspect where the evidence was speculative and had little or no probative value D. holding defendant failed to preserve for appeal the question of admissibility of evidence that was the subject of the motion in limine where defendant failed to object to evidence when offered at trial E. holding a proffer of testimony is required to preserve the issue of whether testimony was properly excluded by the trial judge and an appellate court will not consider error alleged in the exclusion of testimony unless the record on appeal shows fairly what the excluded testimony would have been

assistant: The best answer is A. holding that duress evidence was properly excluded where defendant failed to proffer evidence on each element of the defense
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: To the fullest extent permitted by law, Opco shall indemnify, defend and hold harmless FinanceCo and its officers, directors, employees, agents and representatives from and against any Losses suffered or incurred by FinanceCo or such Persons and related to or arising out of or in connection with FinanceCo carrying on its Business as provided in the FinanceCo LLC Agreement, including, without limitation, Losses arising from any threatened or pending claim or proceeding initiated by a holder of Common Shares against FinanceCo.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 63 L.Ed.2d 427 (1980), cited in Envtl. Protection Info. Ctr., Inc. v. Pac. Lumber Co., 257 F.3d 1071, 1075 (9th Cir.2001). An exception to this general rule permits the prevailing party to cross-appeal from a summary judgment if “the [collateral] adverse ruling can serve as the basis for collateral estoppel in subsequent litigation.” Ruvalcaba v. City of Los Angeles, 167 F.3d 514, 520 (9th Cir.1999). In this case, however, the determinations that Federal seeks to cross appeal will not have collateral estoppel effect in subsequent litigation because they were immaterial to the' judgment below. Envtl. Protection Info. Ctr., 257 F.3d at 1076. Moreover, Federal cannot appeal the judgment under Elec. Fittings Corp. v. Thomas & Betts Co., 307 U.S. 241, 59 S.Ct. 860, 83 L.Ed. 1263 (1939) (<HOLDING>). The judgment in favor of Federal dismissed Options: A. holding that there can be only one final appealable order B. holding that a party can seek reformation of a favorable decree that discusses issues immaterial to the final outcome C. holding that we view the evidence in the light most favorable to the prevailing party D. holding that the evidence is viewed in the light most favorable to the nonmoving party and all doubts are resolved against the moving party E. holding that it need not reach a decision on whether a party could prevail under buckhannon in the absence of a consent decree or a final judgment on the merits

assistant: The best answer is B. holding that a party can seek reformation of a favorable decree that discusses issues immaterial to the final outcome
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 representations and warranties set forth in Article VII and all representations and warranties contained in any Loan Document (including, but not limited to, any such representation or warranty made in or in connection with any amendment thereto) shall constitute representations and warranties made under this Agreement. All representations and warranties made under this Agreement shall be made or deemed to be made at and as of the Closing Date (except those that are expressly made as of a specific date), shall survive the Closing Date and shall not be waived by the execution and delivery of this Agreement, any investigation made by or on behalf of the Lenders or any borrowing hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: standard strikes an acceptable balance between the interest in requiring plaintiffs promptly to file suit and the competing interest in avoiding the encouragement of baseless or premature suits by requiring plaintiffs to sue before they can discover the facts underlying their claims. See New England Health Care Employees Pension Fund, 336 F.3d at 501; Young, 305 F.3d at 9; Sterlin, 154 F.3d at 1202. B We have previously stated that, if we were to adopt an inquiry notice standard for § 10(b) suits, we would apply a standard similar to that applied by the Tenth Circuit. See Livid Holdings, 416 F.3d at 951; Berry, 175 F.3d at 704. Today we adopt the inquiry-plus-reasonable-diligence test used by the Tenth Circuit. See, e.g., Sterlin v. Biomune Sys., 154 F.3d 1191, 1201 (10th Cir.1998) (<HOLDING>). Under that standard, to determine when the Options: A. holding that the statute of limitations begins to run on the date the alleged malpractice is discovered B. holding that the statute of limitations period begins to run when the allegedly discriminatory pension plan is applied to the plaintiffs and leaving determination of the actual date the statute begins to run on each claim to the district court C. holding that the limitations period begins to run when the plaintiff was privy to facts which would provoke inquiry in the mind of a person of reasonable prudence and which if followed up would have led to the discovery of the fraud D. holding that disputed factual issue existed as to whether claimant knew or by exercise of reasonable diligence should have known prior to running of statute of limitations existence of compensable claim E. holding that inquiry notice triggers an investors duty to exercise reasonable diligence and that the statute of limitations period begins to run once the investor in the exercise of reasonable diligence should have discovered the facts underlying the alleged fraud

assistant: The best answer is E. holding that inquiry notice triggers an investors duty to exercise reasonable diligence and that the statute of limitations period begins to run once the investor in the exercise of reasonable diligence should have discovered the facts underlying the alleged fraud
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: implied consent under Code § 18.2-268.2, the arrest must have been lawful”); see also Overbee v. Commonwealth, 227 Va. 238, 243, 315 S.E.2d 242, 244 (1984) (untimely arrest); Thomas v. Marion, 226 Va. 251, 254, 308 S.E.2d 120, 122 (1983) (unlawful arrest); Durant v. Suffolk, 4 Va.App. 445, 449, 358 S.E.2d 732, 734 (1987). By failing to satisfy a basic condition underlying the statute, the Commonwealth has no right to collect the sample in the first place and, a fortiori, even less right to offer into evidence test results based on the sample. It may also be appropriate to exclude the BAC test results in cases where the statutory violation calls into serious question the reliability of the test results. See, e.g., Hudson v. Commonwealth, 21 Va.App. 184, 186, 462 S.E.2d 913, 914 (1995) (<HOLDING>). In suppressing the evidence in such cases, Options: A. recognizing problems with generalizing from an extremely limited sample when a broader sample can be readily obtained and when no showing of the representativeness of the sample is made B. holding bac test results inadmissible due to the potential contamination of a blood sample with benadine topical agent C. holding blood sample does not constitute compelled testimony D. holding defendant had a reasonable expectation of privacy in blood sample drawn by hospital E. holding where police officer specifically requested bac test be performed on defendant at hospital and defendant did not dispute police officers probable cause to believe defendant drove under influence of alcohol defendants consent to undergo blood test was implied and hospital was required to release bac results

assistant: The best answer is B. holding bac test results inadmissible due to the potential contamination of a blood sample with benadine topical agent
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: a basis for calculating lost profits, reversal is not required where the trial court properly charged the jury that lost earnings were recoverable ‘where the evidence shows with reasonable certainty the amount of the loss’ ” (citation omitted)); Pouts, 222 Ga. App. at 577 (4) (noting the distinction between lost profits and lost earnings, and holding that the evidence presented at trial supported a claim for lost earnings); Quiktrip Corp. v. Childs, 220 Ga. App. 463, 467 (5) (469 SE2d 763) (1996) (“Lost wages and earnings are recoverable where the evidence shows the amount of the loss with reasonable certainty and the evidence permits the jury to determine the amount of the loss without speculation or guesswork.”); Beal v. Braunecher, 185 Ga. App. 429, 433-34 (5) (364 SE2d 308) (1987) (<HOLDING>); id. at 435 (noting the “substantial Options: A. holding that trial court did not commit reversible error when it submitted admissibility of evidence question to jury because the trial court had independently decided the question B. holding that trial court did not commit reversible error in charging jury that reasonable certainty was the proper standard for establishing the value of plaintiffs lost earnings and that some evidence was all that was required in this matter C. holding that it was reversible error for district court to charge jury that plaintiffs were required in reduction of force case to show that they were clearly better qualified than the employees retained D. holding that a district court did not commit reversible error because it attached great weight to one factor E. holding that reversible error was committed when the court could not determine that the instruction given by the trial justice was sufficient to remove the taint of the statement and such doubt was to be resolved in favor of the defendant

assistant: The best answer is B. holding that trial court did not commit reversible error in charging jury that reasonable certainty was the proper standard for establishing the value of plaintiffs lost earnings and that some evidence was all that was required in this matter
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 (together with the attached indemnity provisions), including, without limitation, the construction and interpretation of thereof and all claims, controversies and disputes arising under or relating thereto, shall be governed and construed in accordance with the laws of the State of New York, without regard to principles of conflict of law that would defer to the laws of another jurisdiction. The Company and Wyse agree to waive trial by jury in any action, proceeding or counterclaim brought by or on behalf of the parties hereto with respect to any matter relating to or arising out of the engagement or the performance or non-performance of Wyse hereunder.

assistant: Miscellaneous
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 Assignee agrees to indemnify and hold the Assignor harmless against any and all losses, costs and expenses (including, without limitation, reasonable attorneys’ fees) and liabilities incurred by the Assignor in connection with or arising in any manner from the Assignee’s performance or non-performance of obligations assumed under this Assignment Agreement.

assistant: Indemnity
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: Executive shall dedicate Executive’s full business time and attention to the performance of duties hereunder, perform Executive’s duties in good faith and to a professional standard, and fully comply with all laws and regulations pertaining to the performance of Executive’s responsibilities, all ethical rules, ABM’s Code of Business Conduct and Ethics, ABM’s Recoupment Policy as well as any and all of policies, procedures and instructions of ABM, in each case as in effect from time to time; provided, it shall not be a violation of the foregoing for Executive to manage Executive’s personal, financial and legal affairs to the extent that they do not interfere with Executive’s ability to perform Executive’s duties to the Company. Prior to joining or agreeing to serve on corporate, civil or charitable boards or committees, Executive shall obtain approval of the Chief Executive Officer or otherwise as required by ABM’s Corporate Governance Guidelines as in effect from time to time.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: defendant constitute telephonic communications into Florida and confer personal jurisdiction over the nonresident defendant under section 48.193(l)(b), provided the cause of action arose from the telephonic communication as required by the statute and clarified in Wendt The cases considering whether a telephonic communication constituted a tortious act in Florida have not explicitly hinged a finding of jurisdiction on whether or not the nonresident defendant initiated the phone call into Florida. Rather, the cases focus on whether the nonresident defendant made the subject communications during a phone call between the out-of-state defendant and someone in Florida. See, e.g., Hou v. United Airlines Corp., No. 806CV-1502-T-27TGW, 2006 WL 2884963, at *2 (M.D.Fla. Oct.10, 2006) (<HOLDING>); OSI Indus., Inc. v. Carter, 834 So.2d 362, Options: A. holding that suit arose from alleged fraudulent transfer of real property located in texas even though the allegedly fraudulent assignment occurred in california B. holding that alleged fraudulent statements by the defendants that occurred during a telephone call initiated by the plaintiff satisfied section 481931b citing wendt 822 so2d at 1260 C. holding that a rico plaintiff must allege at a minimum the time place and content of the alleged misrepresentations on which he or she relied the fraudulent scheme the fraudulent intent of the defendants and the injury resulting from the fraud D. holding that a plaintiff satisfied rule 9b by pleading which machines were the subject of alleged fraudulent transactions and the nature and subject of the alleged misrepresentations E. holding that a nonresident defendant who called plaintiff in florida and allegedly made misrepresentations during the conversation satisfied 481931b

assistant: The best answer is B. holding that alleged fraudulent statements by the defendants that occurred during a telephone call initiated by the plaintiff satisfied section 481931b citing wendt 822 so2d at 1260
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: could conclude that the [adverse employment action] would not have occurred but for his engagement in protected activity.” Eckerman v. Tenn. Dep’t of Safety, 686 F.3d 202, 209 (6th Cir.2010). A causal link can be shown through direct or circumstantial evidence. Dye v. Office of the Racing Comm’n, 702 F.3d 286, 305 (6th Cir.2012). The Sixth Circuit has recognized that, in some cases, temporal proximity alone between the protected activity and the adverse employment action may be sufficient to establish a causal connection in a retaliation c Fed.Appx. 275, 285 (6th Cir.2004) (“[T]he passage of less than three weeks between [the employer’s] receipt of the charges and the adverse actions gives rise to an inference of discrimination”); DiCarlo v. Potter, 358 F.3d 408, 421-22 (6th Cir.2004) (<HOLDING>); but see Philbrick v. Holder, 583 Fed.Appx. Options: A. holding that twentyfour days between protected activity and termination is sufficient to infer existence of causal connection B. holding that a plaintiff bringing a retaliation claim under title vii must establish a prima facie case of retaliation by showing that she engaged in a protected activity that she was subjected to an adverse employment action by her employer and that there was a causal link between the two C. holding that the passage of only twentyone days between the plaintiffs filing of an eeoc charge and his termination gave rise to an inference of a causal connection between the two events sufficient to establish a prima facie case of retaliation D. holding that a prima facie case of retaliation requires a causal link between the employees protected activity and the employers adverse employment action E. holding discharge less than two months after plaintiff filed a sexual harassment complaint with management and ten days after filing a complaint with state human rights office provided prima facie evidence of a causal connection between protected activity and retaliation

assistant: The best answer is C. holding that the passage of only twentyone days between the plaintiffs filing of an eeoc charge and his termination gave rise to an inference of a causal connection between the two events sufficient to establish a prima facie case of retaliation
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: to the extent a buyer has a question about your global shipping program listings , ebay may respond directly to the buyer if the question pertains to the services overseen by pitney bowes inc. ( for example , customs or international shipping ) .

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: Any payments by the Guarantors shall be made to the Administrative Agent, to be credited and applied to the Guaranteed Liabilities in accordance with Section 10.4 of the Credit Agreement, in immediately available Dollars to an account designated by the Administrative Agent or at the Administrative Agent’s Office or at any other address that may be specified in writing from time to time by the Administrative Agent.

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 legal provision and list the applicable contract clause categories. Provision: To request the issuance of a Letter of Credit, the Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance) a notice requesting the issuance of a Letter of Credit and specifying the date of issuance (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare such Letter of Credit. If requested by the Issuing Bank, the Borrower shall complete a letter of credit application on the Issuing Bank's standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued only if (and, upon issuance, amendment, renewal or extension of each Letter of Credit, the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance (i) the LC Exposure shall not exceed the LC Sublimit, and (ii) the total Facility Exposure shall not exceed the Total Commitment Amount. Any Letter of Credit issued may, at the request of the Borrower and with the consent of the Letter of Credit Issuer and the Administrative Agent, be amended, renewed or extended, provided that no Default then exists and that after giving effect thereto, such Letter of Credit (if the same had been issued at such time) would comply with all requirements of this Section.

assistant: Amendments
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: writ denied). However, “[t]he phrase ‘Approved as to Form and Substance’, standing alone, is insufficient to establish a consent judgment.” Id.; Baw v. Baw, 949 S.W.2d 764, 766-67 (Tex. App.— Dallas 1997, no pet.). In the absence of some indication in the record the case was settled or something in the body of the judgment indicating it was rendered by consent, that phrase above a signature on the form of judgment “is too indefinite to justify declaring as a matter of law that the judgment was a consent judgment” and that the right of appeal has been voluntarily relinquished. First Am. Title Ins. Co. v. Adams, 829 S.W.2d 356, 364 (Tex. App.—Corpus Christi 1992, writ denied); see Andrew Shebay & Co. v. Bishop, 429 S.W.3d 644, 647-48 (Tex. App.—Houston [1st Dist.] 2013, pet. denied) (<HOLDING>). Here, the trial court’s order was signed Options: A. holding that partys consent to the trial courts entry of judgment waives any error except for jurisdiction error contained in the judgment B. holding that a grant of summary judgment in favor of one party creates a final judgment allowing appellate review of denial of opposing partys summary judgment motion C. holding where record plainly indicated party disagreed with verdict and record contained no evidence of actual agreement between parties partys submission of proposed judgment conforming to trial courts intended judgment and containing notation that party approved it as to both form and substance did not create consent judgment D. holding the intent of parties can be inferred from sufficient details contained within the consent judgment indicating the parties understood the consent judgment operated as a final adjudication of the factual issues E. holding that failure to move for judgment after verdict entitled party only to a new trial not a judgment in its favor

assistant: The best answer is C. holding where record plainly indicated party disagreed with verdict and record contained no evidence of actual agreement between parties partys submission of proposed judgment conforming to trial courts intended judgment and containing notation that party approved it as to both form and substance did not create consent judgment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS SIXTH AMENDMENT EMBODIES THE ENTIRE AGREEMENT AMONG THE PARTIES HERETO WITH RESPECT TO THE SUBJECT MATTER THEREOF, AND SUPERSEDES ANY AND ALL PRIOR REPRESENTATIONS AND UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, RELATING TO THIS AMENDMENT. THERE ARE NO ORAL AGREEMENTS AMONG THE PARTIES HERETO WITH RESPECT TO THE SUBJECT MATTER HEREOF.

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 agreements in this Section and the indemnity provisions of Section 10.02(e) shall survive the resignation of any Agent, the L/C Issuer or the Swing Line Lender, the assignment of any Commitment or Loan by any Lender, the replacement of any Lender, the termination of the Aggregate Commitments and the repayment, satisfaction or discharge of all the other Obligations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: tests revealed levels of toxins in the soil which were within the statutory limits just a short time after the Commonwealth’s tests revealed the opposite, it would certainly have buttressed Appellees’ argument that the tests do not provide consistent results sufficient to prove Appellees’ guilt beyond a reasonable doubt, and provided Appellees with a reasonable opportunity to contest the Commonwealth’s evidence. Under Trombetta, nothing more is required. See Trombetta, supra (noting the defendants had "alternative means of demonstrating their innocence”); Elmore v. Foltz, 768 F.2d 773, 778 (6th Cir.1985) (under Trombetta, what "matters is that some reasonable alternative means exists for attempting to do what one would have attempted to do with the destroyed evidence”); Haywood, supra (<HOLDING>); Revolorio-Ramo, supra (holding the Options: A. holding that the defendant bears the burden of proof and that such a disposition does not violate the due process clause B. holding that doctrine does not violate due process C. holding that where a photograph of a defendant wearing a particular shirt exists the destruction of the shirt does not violate due process D. holding that theft by prison guards does not violate due process when postdeprivation remedy exists E. holding that states inadvertent or negligent destruction of evidence did not violate defendants due process rights

assistant: The best answer is C. holding that where a photograph of a defendant wearing a particular shirt exists the destruction of the shirt does not violate due process
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 the provisions of Sections 3(b) and 3(c) hereof and/or any accelerated vesting provided under an effective agreement between the Company and the Participant, all unvested shares of Restricted Stock shall be immediately forfeited upon the Participant’s Termination for any reason.

assistant: Forfeitures