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: favorable to the government, a reasonable jury could have concluded that Johnson was not just associated with coconspirators or merely present in an area where a drug transaction occurred, but instead was a knowing and voluntary participant in a conspiracy to distribute methamphetamine. See Reeves, 742 F.3d at 497; Hansen, 262 F.3d at 1236. Therefore, the district court did not err in denying Johnson’s motion for judgment of acquittal as to the sufficiency of the evidence for her conspiracy conviction. B. Blanchard and Johnson argue that their mere presence in the back seat of a car that contained contraband was insufficient to support a conviction for the substantive offense of possession with intent to distribute. See United States v. Stanley, 24 F.3d 1314, 1319-20 (11th Cir.1994) (<HOLDING>). The government, they assert, did not present Options: A. holding that something more than mere presence in the car in which drugs are found is required to sustain a conviction for the substantive offense of possession with intent to distribute B. holding that evidence of a 10yearold drug conviction was properly admitted to show intent in a prosecution for possession with intent to distribute C. holding that the presence of firearms may go toward proving that a defendant possessed drugs with the intent to distribute D. holding similar evidence sufficient to sustain a jury verdict of possession with intent to distribute cocaine E. holding that possession with intent to distribute and simple possession are the same offense under blockburger

assistant: The best answer is A. holding that something more than mere presence in the car in which drugs are found is required to sustain a conviction for the substantive offense of possession with intent to distribute
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: "Unauthorised Persons" means officers, employees or advisers of the Recipient who are not required to have access to the Confidential Information for the Purpose, and any other person who is not a party to this agreement. In consideration of each party disclosing its Confidential Information to the other party for the Purpose, the Recipient must ensure that Confidential Information is:  not disclosed to any Unauthorised Person; The Recipient must ensure that access to Confidential Information is only given to those of its officers, employees and advisers who require access for the Purpose, and that those officers, employees and advisers are informed of the confidential nature of the Confidential Information and keep that information confidential.

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 legal provision and list the applicable contract clause categories. Provision: All expenses and liabilities incurred by the Committee in the administration and interpretation of the Plan or any Award Agreement shall be borne by the Company. The Committee may employ attorneys, consultants, accountants or other persons in connection with the administration and interpretation of the Plan, and the Company, and its officers and directors, shall be entitled to rely upon the advice, opinions and valuations of any such persons.

assistant: Expenses
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 Partners, as of the date of the Prior Partnership Agreement, agreed among themselves that: (i) beginning on the date of the Prior Partnership Agreement, Interests in the Partnership shall be designated as “Class A Common Units” (“ Class A Common Units ”), “Class B Common Units” (“ Class B Common Units ”) and Class C Non-Equity Interests; (ii) except as expressly provided herein, a Class A Common Unit and a Class B Common Unit shall entitle the holder thereof to equal rights under this Agreement; (iii) holders of Class B Common Units may include the Initial General Partner in its capacity as a Limited Partner, which is the holder of all Class B Common Units as of the date hereof; (iv) from and after the date of the Prior Partnership Agreement, the rights and obligations in respect of the Interests of each applicable Original Partner, as originally described in the Initial Partnership Agreement and such Partners’ respective Supplementary Agreements, shall be set forth exclusively within this Agreement, as amended and restated herein; and (v) the respective Interests of each applicable Original Partner in the Class A Common Units and the Initial General Partner in its capacity as a Limited Partner in the Class B Common Units shall be as recorded in the books of the Partnership as being owned by such Partner pursuant to this Section 3.1.

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 legal provision and list the applicable contract clause categories. Provision: You hereby agree that you may not make any statement that would libel, slander or disparage the Company or its past or present officers, directors, employees or agents (subject to any obligation you have to comply with legal and regulatory requirements ( e.g. , a subpoena)). In addition, the Company hereby agrees that it and its officers and directors may not make any statement that would libel, slander or disparage you (subject to any obligation the Company has to comply with legal and regulatory requirements including disclosure requirements under applicable law).

assistant: Non-Disparagement
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 and the attached Consent of Seller may be executed in counterparts; each such counterpart shall be deemed an original; and all counterparts so executed shall constitute one instrument and shall be binding on all of the parties to this Agreement notwithstanding that all of the parties are not signatory to the same counterpart.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Hart points to two remarks, one from the prosecutor’s closing argument, the other from the prosecutor’s rebuttal closing. In his brief, Hart quotes the first challenged remark: This whole thing about the Defendant intending to kill himself has been a false issue that’s just been kind of floating around out there throughout. What the Defendant’s actions were all about weren’t about suicide. * ⅜ ⅞ ⅜ But the bottom line is it doesn’t really matter what his intention was, whether he was intending at that time to kill himself. What matters is that he committed an aggravated assault. [¶ 12] Appellant contends the prosecutor’s remark was a gross misstatement of the law because intent does matter, even if the crime is a general intent crime. See Cox v. State, 829 P.2d 1183, 1185-86 (Wyo.1992) (<HOLDING>); accord Streitmatter v. State, 981 P.2d 921, Options: A. holding that attempted sexual abuse is a specific intent crime B. holding that duress is a defense available in new mexico except when the crime charged is a homicide or a crime requiring intent to kill C. recognizing general rule D. holding prosecutor has discretion to charge defendant under general crime even though more specific crime exists E. holding that wyo stat ann 62502aiii defines a general intent crime

assistant: The best answer is E. holding that wyo stat ann 62502aiii defines a general intent crime
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: When a reference is made in this Agreement to “Preamble,” “Articles,” “Sections” or “Annexes,” such reference shall be to a Preamble, Article or Section of, or Annex to, this Agreement unless otherwise indicated. The terms defined in the singular have a comparable meaning when used in the plural, and vice versa. The table of contents and headings contained in this Agreement are for reference purposes only and are not part of this Agreement. Whenever the words “include,” “includes” or “including” are used in this Agreement, they shall be deemed followed by the words “without limitation.” No rule of construction against the draftsperson shall be applied in connection with the interpretation or enforcement of this Agreement, as this Agreement is the product of negotiation between sophisticated parties advised by counsel. All references to “$” or “dollars” mean the lawful currency of the United States of America. Except as expressly stated in this Agreement, all references to any statute, rule or regulation are to the statute, rule or regulation as amended, modified, supplemented or replaced from time to time (and, in the case of statutes, include any rules and regulations promulgated under the statute) and to any section of any statute, rule or regulation include any successor to the section.

assistant: Interpretations
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: Supreme Court decision. See Bryant v. Warden, FCC Coleman-Medium, 738 F.3d 1253, 1274 (11th Cir.2013); Williams, 713 F.3d at 1343; Wofford, 177 F.3d at 1244. This requires showing, inter alia, that the new Supreme Court rule upon which Griffin relies — i.e., the rule announced in Al-leyne — applies retroactively on collateral review. See Bryant, 738 F.3d at 1274; Williams, 713 F.3d at 1343; Wofford, 177 F.3d at 1244. Here, Griffin’s sentence is 360 months, which is 240 months above the statutory minimum penalty of 120 months’ imprisonment. Thus, Griffin is not serving a statutory mandatory minimum sentence, and Alleyne does not apply to his case. In any event, AUeyne does not apply retroactively on collateral review. See Dohrmann v. United States, 442 F.3d 1279, 1281-82 (11th Cir.2006) (<HOLDING>); see also McCoy v. United States, 266 F.3d Options: A. holding that apprendi does not retroactively apply to 2241 petitions B. holding that apprendi does not apply retroactively C. holding that because apprendi does not apply retroactively neither does blakely D. holding that apprendi does not retroactively apply to 2255 motions E. holding the apprendi rule does not apply retroactively in the context of a 2241 petition

assistant: The best answer is E. holding the apprendi rule does not apply retroactively in the context of a 2241 petition
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 acknowledge that when you receive a linden content license you do not acquire ownership of any copies of the content , or transfer of any copyright or other intellectual property rights in the content .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall become effective when it shall have been executed by each Borrower and the Administrative Agent shall have been notified by each Lender, each L/C Issuer and the Swing Line Lender that each such Lender, each such L/C Issuer and the Swing Line Lender has executed it and thereafter shall be binding upon and inure to the benefit of each Borrower, each Agent, each Lender, each L/C Issuer and the Swing Line Lender and their respective successors and assigns, except that no Borrower shall have the right to assign its rights hereunder or any interest herein without the prior written consent of the Lenders, except for the Borrowers as permitted by Section 7.04(d) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of this Lease shall be ten (10) years, commencing on the Effective Date (the “ Commencement Date ”) and terminating at 11:59 P.M. Central Standard Time on the tenth (10 th ) anniversary of the Commencement Date (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 legal provision and list the applicable contract clause categories. Provision: Buyer shall not by any act (except by a written instrument pursuant to Section 13 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof . No failure to exercise, nor any delay in exercising, on the part of Buyer, any right, power or privilege hereunder shall operate as a waiver thereof . No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege . A waiver by Buyer of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which Buyer would otherwise have on any future occasion . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: ‘We may not ‘weigh the evidence presented, consider the credibility of witnesses, or substitute our judgment for that of the jury.’ ” United States v. Graham, 622 F.3d 445, 448 (6th Cir.2010) (quoting United States v. M/G Transp. Servs., Inc., 173 F.3d 584, 588-89 (6th Cir.1999)). The government presented overwhelming evidence that Edington attempted to entice a minor in violation of Section 2422(b). The jury heard Johnson’s testimony and saw emails and instant messages between Edington and “Jake” and video clips of Johnson’s interview with Edington in which Edington essentially confessed to the crime. The government was not required to present evidence that an actual minor was involved in order for Edington to be convicted under Section 2422(b). See Hackworth, 483 Fed.Appx. at 976-78 (<HOLDING>); United States v. Hughes, 632 F.3d 956, 962 Options: A. holding that defendants affirmative acts of driving minor to robbery helping minor enter the building and serving as a lookout for the minor warranted sentencing enhancement B. holding that a 15 lien did not apply because that section does not require reimbursement for an injury not compensable under c 152 C. holding that section 636b1c does not require any review at all by the district court of an issue that is not objected to D. holding that reasonable attorneys fees for the benefit of a minor in defending the minor against a criminal charge were necessaries E. holding that a conviction under section 2422b does not require the involvement of a minor

assistant: The best answer is E. holding that a conviction under section 2422b does not require the involvement of a minor
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 GRANTOR IRREVOCABLY AND UNCONDITIONALLY SUBMITS, FOR ITSELF AND ITS PROPERTY, TO THE NONEXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK SITTING IN NEW YORK COUNTY AND OF THE UNITED STATES DISTRICT COURT OF THE SOUTHERN DISTRICT OF NEW YORK, AND ANY APPELLATE COURT FROM ANY THEREOF, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER SECURED CREDIT DOCUMENT, OR FOR RECOGNITION OR ENFORCEMENT OF ANY JUDGMENT, AND EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN SUCH FEDERAL COURT. EACH OF THE PARTIES HERETO AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS AGREEMENT OR IN ANY OTHER SECURED CREDIT DOCUMENT SHALL AFFECT ANY RIGHT THAT THE SECURED PARTIES MAY OTHERWISE HAVE TO BRING ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER SECURED CREDIT DOCUMENT AGAINST THE BORROWER OR ITS PROPERTIES IN THE COURTS OF ANY JURISDICTION.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has disclosed to Investor in writing the capitalization of the Company that will be in effect immediately after the Closing. Such disclosure, which is based on the Company’s understanding that the ownership of stock in the Company of Investor and its affiliates immediately prior to the Closing consists solely of 2,129,816 shares of Common Stock and 6,169,320 shares of Non-Voting Stock, indicates that immediately after the consummation of the transactions contemplated by this Agreement and the transactions contemplated by that certain Securities Purchase Agreement by and among the United States Department of the Treasury and certain named purchasers, including the Company, (i) Investor will not own more than 9.95% of the Common Stock then outstanding for purposes of the Change in Bank Control Act and the regulations of the Board of Governors of the Federal Reserve System promulgated thereunder and (ii) Investor’s aggregate investment in the Company will not account for more than 24.95% of the Company’s contributed capital for purposes of the Home Owners’ Loan Act and the regulations of the Board of Governors of the Federal Reserve System promulgated thereunder.

assistant: Capitalization
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 Lenders shall have received the most recent audited Consolidated financial statements for the period ended December 31, 2010, in each case of the Company and its Subsidiaries prepared in accordance with GAAP.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that any one or more of the provisions of this Agreement shall be or become invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not be affected thereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term (the “Term”) of Chardan’s engagement will begin on the date hereof and end December 2, 2016. Notwithstanding anything to the contrary contained herein, the provisions concerning indemnification, contribution and the Company’s obligations to pay fees and reimburse expenses contained herein will survive any expiration or termination of this Agreement.

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: period and was not deferred during the period when the divorce judgment was being appealed. Title 14 M.R.S. § 1602-C(2) expressly states that post-judgment interest “accrues from and after the date of entry of judgment and includes the period of any appeal,” except for good cause shown. Thus, absent a finding of good cause, Brown was obligated to pay post-judgment interest from on or about November 2, 2007, to the date when the sums ordered in the divorce judgment were fully paid in 2008. The entry is: Judgment regarding prejudgment interest affirmed. Judgment regarding post-judgment interest vacated. Remanded for further proceedings. 1 . M.R. Civ. P. 53(e)(2) allows parties ten days after service of notice to file objections to a referee's report and then states, in A.2d 176, 183 (<HOLDING>); Allen v. Allen, 629 A.2d 1228, 1230 (Me.1993) Options: A. holding that the trial court did not abuse its discretion in changing the surname of the child where the court made factual findings that the name change would be in the best interest of the child B. holding that erroneous findings of fact not necessary to support the judgment of the court are not grounds for reversal C. holding that a reviewing court will only presume that the trial court made implicit factual findings when such findings were necessary to its ultimate conclusion D. holding that the district court did not abuse its discretion by waiving postjudgment interest reviewing the predecessor to section 1602c on child support arrearage for good cause noting that this court was required to assume that the court made all necessary findings to support that decision because the parties failed to file a transcript or statement in lieu thereof E. holding that the trial court failed to exercise its discretion by stating that it did not have the ability to present the transcript to the jury

assistant: The best answer is D. holding that the district court did not abuse its discretion by waiving postjudgment interest reviewing the predecessor to section 1602c on child support arrearage for good cause noting that this court was required to assume that the court made all necessary findings to support that decision because the parties failed to file a transcript or statement in lieu thereof
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 4. The Company shall have no obligations to Verenium with respect to the use of such information, or disclosure to others not party to this Agreement, of such information which: (d) is rightfully and in good faith developed by Company independently of any disclosures made under this Agreement, as evidenced by Company’s competent written records; or

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 legal provision and list the applicable contract clause categories. Provision: If any one or more of the provisions contained in this Note are invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of all the remaining provisions will not in any way be affected or impaired. If any one or more provisions contained in this Note are deemed invalid, illegal or unenforceable because of their scope or breadth, such provisions shall be reformed and replaced with provisions (i) whose scope and breadth are valid under applicable law and (ii) that come as close as possible to reflecting the original intent of the Maker and the Payee as of the Date of Issuance in respect of the provisions deemed invalid, illegal or unenforceable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No agent, broker, Person or firm acting on behalf of Purchaser or any of its Affiliates is or shall be entitled to any broker’s fees, finder’s fees or commissions from any Seller or any of their respective Affiliates in connection with this Agreement or any of the transactions contemplated hereby.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in the event that you die before the end of your subscription period , your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: R. Evid. 701(e). Defendant’s Rule 26(a)(2) Expert Testimony Disclosures were due 150 days before the January 26, 2015 calendar call, or August 28, 2014. See Trial Scheduling Order [ECF No. 11]. Plaintiffs assert that Defendant did not disclose Mr. Stephano or identify him as an expert witness before October 27, 2014, the day Defendant provided its initial Rule 26(a)(1)(A) disclosures. Defendant does not controvert Plaintiffs’ assertion. Mr. Stephano is an accountant, providing his opinion on Defendant’s net worth based on his knowledge of GAAP. As such, Mr. Stephano is an expert witness testifying in the form of an opinion based on specialized knowledge. See e.g., Winc, LLC v. RSM McGladrey Fin. Process Outsourcing, LLC, No. 08cvl559 BTM (WMc), 2010 WL 3894966, at *2 (S.D.Cal.2010) (<HOLDING>). Mr. Stephano is not, by contrast, an employee Options: A. recognizing that a surveyor was an expert witness B. holding that witness immunity does not bar a claim against a retained expert witness for negligence performance of his duty C. holding that a forensic accountant is an expert witness not a lay witness D. holding that lay witness opinion as to guilt of defendant inadmissible E. holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness

assistant: The best answer is C. holding that a forensic accountant is an expert witness not a lay witness
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 agreement on the part of Tenant or Landlord to extend the time for the performance of any of the obligations or other acts of the other Person party to this Lease shall be valid only if set forth in an instrument in writing signed on behalf of such Person. The failure or delay of Tenant or Landlord to assert any of its rights under this Lease or otherwise shall not constitute a waiver of such rights, nor shall any single or partial exercise by Tenant or Landlord of any of its rights under this Lease preclude any other or further exercise of such rights or any other rights under this Lease.

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: During and after the Covered Executive’s employment, the Covered Executive shall cooperate fully with the Company in the defense or prosecution of any claims or actions now in existence or which may be brought in the future against or on behalf of the Company which relate to events or occurrences that transpired while the Covered Executive was employed by the Company. The Covered Executive’s full cooperation in connection with such claims or actions shall include, but not be limited to, being available to meet with counsel to prepare for discovery or trial and to act as a witness on behalf of the Company at mutually convenient times. During and after the Covered Executive’s employment, the Covered Executive also shall cooperate fully with the Company in connection with any investigation or review of any federal, state or local regulatory authority as any such investigation or review relates to events or occurrences that transpired while the Covered Executive was employed by the Company. The Company shall reimburse the Covered Executive for any reasonable out-of-pocket expenses incurred in connection with the Covered Executive’s performance of obligations pursuant to this Section 5(e).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the family home or place of business as an enclave exempted from the reach of most creditors.” U.S. v. Rodgers, 461 U.S. 677, 684, 103 S.Ct. 2132, 76 L.Ed.2d 236 (1983). Id. In the seminal case of Swayne v. Chase, 88 Tex. 218, 225, 30 S.W. 1049 (Tex.1895), the plaintiffs’ home was destroyed by fire, and the Texas Supreme Court ruled that the proceeds of an insurance policy take the place of the property loss, and that the Texas courts may not limit the value of such funds under the homestead exemption. Id. at 225-27, 30 S.W. 1049 (stating that “the courts of this state have no power to say that only a reasonable portion of such a fund shall be exempt. It is all exempt when derived from a policy on the homestead improvements.”); Price v. Price, 394 S.W.2d 855, 858 (Tex.Civ.App.1965) (<HOLDING>). Moreover, in In re Barbe, No. 05-21054, 2006 Options: A. holding that where one spouses arson destroyed the house which both spouses owned as tenants by the entireties the innocent spouse was entitled to recover under their fire insurance policy for her share of the loss B. holding that the proceeds of a liability insurance policy were not property of the estate C. holding that when the house is destroyed by fire and there exists thereon a policy by insurance the money arising therefrom stands in the place instead of such house the proceeds of the policy therefore take the place of the property loss D. holding that obligation to pay mortgage on home was satisfied by payment of fire insurance proceeds where husband maintained fire insurance policy E. holding agent liable for fire damage to the house his customer was building when the agent after agreeing to have a builders risk policy issued on the house failed to notify the customer that he had not procured such a policy

assistant: The best answer is C. holding that when the house is destroyed by fire and there exists thereon a policy by insurance the money arising therefrom stands in the place instead of such house the proceeds of the policy therefore take the place of the property loss
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: 12.1 nothing in the terms shall affect any statutory rights that you are always entitled to as a consumer and that you can not contractually agree to alter or waive .

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: All Options granted to a Non-Employee Director under this Article 4 shall terminate on the earliest of (a) the 10th anniversary of the date of grant, or (b) the date 12 months after the termination of such Non-Employee Director’s service for any reason.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term or provision (in whole or in part) of this Exchange/Subscription Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Exchange/Subscription Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Restricted Shares to be issued pursuant hereto have been duly authorized and, when issued and delivered in consideration of the payment of the Purchase Price, will be validly issued, fully paid and non-assessable and, except as otherwise expressly provided herein, are entitled to all of the rights and privileges of validly issued and outstanding shares of the Company’s Common Stock. The Company has full corporate power and authority to execute and deliver this Agreement and all other agreements and instruments contemplated hereby to which the Company is a party and to perform its obligations hereunder and thereunder, and this Agreement and all such other agreements and instruments have been duly authorized, executed and delivered by the Company and, assuming the due execution and delivery of this Agreement and all other agreements and instruments contemplated hereby to which the Company is a party, by the other parties hereof and thereof, are valid, binding and enforceable against the Company in accordance with their terms, except that such enforceability (i) may be limited by bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and other similar laws of general application affecting or relating to the enforcement of creditors’ rights generally and (ii) is subject to general principles of equity, whether considered in a proceeding at law or in equity.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Common sense tells us that lead paint that never leaves a wall or ceili 79, 615 N.Y.S.2d 993 (1st Dep’t 1994); St. Leger v. American Fire & Casualty Ins. Co., 870 F.Supp. 641 (E.D.Pa.1994) (same), aff'd without opinion, 61 F.3d 896 (3d Cir.1995); Kaytes v. Imperial Casualty & Indemnity Co., No. Civ. A. 93-1573, 1994 WL 780901 (E.D.Pa. Jan. 6, 1994) (same). On that interpretation, it might be permissible for Chubb to refuse to A.2d 617, 622-23 (1995) (same); Atlantic Mutual Ins. Co. v. McFadden, 413 Mass. 90, 595 N.E.2d 762, 764 (1992) (same). Because the poisoning occurred inside an apartment, the lead paint might not be regarded as an environmental pollutant and therefore coverage would not be excluded. See United States Liability Ins. Co. v. Bourbeau, 49 F.3d 786, 789 (1st Cir.1995) (<HOLDING>). The clause at issue here bars coverage for Options: A. holding that a discharge into the environment is necessary for the total pollution clause to be applicable B. holding that removal of insulation that released asbestos a thermal irritant into an apartment was covered by the pollution exclusion C. holding that the discharge of paint chips into soil was covered by the pollution exclusion because it polluted the environment but that the presence of lead paint in a household would not be so covered D. holding lead paint poisoning covered by the pollution exclusion E. holding that pollution exclusion did not apply to claim arising from ingestion of lead paint because exclusion reasonably may be limited to environmental claims

assistant: The best answer is C. holding that the discharge of paint chips into soil was covered by the pollution exclusion because it polluted the environment but that the presence of lead paint in a household would not be so covered
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 (1) “mak[ing] determinations about the nature and extent of its various educational and social services programs”; (2) “its revenue regardless of its source”; (3) “its appropriation prerogatives”; and (4) “its authority to fashion an appropriate remedy in law enforcement actions.” None of these qualifies as a special sovereignty interest in this case. The first two asserted .interests can be dismissed straightforwardly on the basis of our precedent. First, the state has no special sovereign interest in ordinary aspects of its social programs, because “most government policies do not affect core aspects of a state’s sovereignty.” Buchwald v. Univ. of N.M. Sch. of Med., 159 F.3d 487, 495 n. 6 (10th Cir.1998); cf. Branson Sch. Dist. RE-82 v. Romer, 161 F.3d 619, 632 (10th Cir.1998) (<HOLDING>). More to the point, a “state’s interest in Options: A. holding that article 10 section 8 of the arizona constitution did not create greater restrictions than the enabling act on exchanges of trust lands because section 8 provided that every disposition of or contract concerning trust lands would be null and void if not made in substantial conformity with the provisions of the enabling act B. holding that a state can require firebreaks around housing on trust property adjacent to forest lands C. holding that the state has no special sovereign interest in managing lands held in trust D. holding that the beneficiary of a trust was not the real party in interest regarding rights owned by the trust E. holding that a wife could claim a homestead exemption even though she only had a beneficiary interest in the property held in trust

assistant: The best answer is C. holding that the state has no special sovereign interest in managing lands held in trust
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: debtors, Triton 88 and Trito st for both Triton 88 and Triton 2000,” it has a privity, of interest with those entities and a “strong identity of interest between BJVSD and Triton 88 and Triton 2000.” It argues that the trial court’s post-judgment rulings “had a direct impact of harm on BJVSD.” However, all of BJVSD’s interest in the underlying judgment and any resulting harm flow solely from its role as the limited partner of Triton 88 or as a member of Triton 2000, the entities actually bound by the judgment. “An individual stakeholder in a legal entity does not have a right to recover personally for harms done to the legal entity.” Nauslar v. Coors Brewing Co., 170 S.W.3d 242, 250 (Tex.App.-Dallas 2005); see also Hall v. Douglas, 380 S.W.3d 860, 873 (Tex.App.-Dallas 2012, no pet.) (<HOLDING>); Swank v. Cunningham, 258 S.W.3d 647, 661 Options: A. holding that employers have standing to sue B. recognizing that same principle applies where defendant is general partner of limited partnership which in turn is general partner of limited partnership with contacts with state C. holding that the information contained in the certificate of limited partnership binds the partnership and the partners with respect to third parties D. holding that an incidental beneficiary does not have standing to sue for breach of a contract E. holding that limited partner does not have standing to sue for injuries to partnership that merely diminish value of that partners interest

assistant: The best answer is E. holding that limited partner does not have standing to sue for injuries to partnership that merely diminish value of that partners interest
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 terms and conditions set forth herein, the Borrower may request the issuance of Letters of Credit denominated in Dollars as the applicant thereof for the support of its or its Subsidiaries’ obligations, in a form reasonably acceptable to the Administrative Agent and the Issuing Bank, at any time and from time to time during the Availability Period. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by the Borrower to, or entered into by the Borrower with, the Issuing Bank relating to any Letter of Credit, the terms and conditions of this Agreement shall control. The Borrower unconditionally and irrevocably agrees that, in connection with any Letter of Credit issued for the support of any Subsidiary’s obligations as provided in the first sentence of this paragraph, the Borrower will be fully responsible for the reimbursement of LC Disbursements in accordance with the terms hereof, the payment of interest thereon and the payment of fees due under Section 2.12(b) to the same extent as if it were the sole account party in respect of such Letter of Credit (the Borrower hereby irrevocably waiving any defenses that might otherwise be available to it as a guarantor or surety of the obligations of such a Subsidiary that is an account party in respect of any such Letter of Credit).

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: the party requesting judicial assistance does not have to prove receptivity to show that they are not attempting to circumvent foreign proof-gathering mechanisms. See, e.g., In re Chevron, 762 F.Supp.2d 242, 252 (D.Mass.2010). If anything, this factor weighs against judicial assistance when the opposing party shows that the foreign tribunal actively opposes the discovery. Compare In re Clerici, 481 F.3d at 1335 (finding that “there is nothing in the record to suggest that the district court should have declined to grant the § 1782 application based on the nature of the foreign tribunal or the character of proceedings in Panama, or that the Panamanian Court’s request is merely an attempt to circumvent foreign proof-gathering mechanisms”) and In re Chevron Corp., 762 F.Supp.2d at 250 (<HOLDING>), with In re Microsoft, 428 F.Supp.2d at 194 Options: A. holding that attorneys fees were nondischargeable as maintenance even though award was in favor of attorneys not spouse because it was rendered in light of the financial resources of the parties B. holding that when considering civil rights against abusive discovery and state constitutional right to privacy court must carefully weigh privacy rights of nonparties against factors including the real needs of the litigant who seeks discovery and court abuses its discretion when it fails to require a less intrusive method of discovery such as conducting a deposition without production of records C. 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 D. holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law E. holding the intel factors weigh in favor of granting 1782 application even though it was not entirely clear that the ecuadorian criminal court was receptive to such discovery assistance

assistant: The best answer is E. holding the intel factors weigh in favor of granting 1782 application even though it was not entirely clear that the ecuadorian criminal court was receptive to such discovery assistance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Set forth on Schedule 3.11 is a complete and accurate summary of the property and casualty insurance program of the Loan Parties as of the Effective Date (including the names of all insurers, policy numbers, expiration dates, amounts and types of coverage, annual premiums, exclusions, deductibles, self-insured retention and a description in reasonable detail of any self-insurance program, retrospective rating plan, fronting arrangement or other risk assumption arrangement involving any Loan Party). The properties of the Borrower and its Restricted Subsidiaries are insured with financially sound and reputable insurance companies not Affiliates of the Borrower, in such amounts (after giving effect to any self-insurance compatible with the following standards), with such deductibles and covering such risks as are customarily carried by companies engaged in similar businesses and owning similar properties in localities where the Borrower or the applicable Restricted Subsidiary operates.

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: In consideration of the agreements of Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Credit Party hereby releases and forever discharges Agent, each Lender and their respective directors, officers, employees, agents, attorneys, affiliates, subsidiaries, successors and permitted assigns from any and all liabilities, obligations, actions, contracts, claims, causes of action, damages, demands, costs and expenses whatsoever (collectively " Claims "), of every kind and nature, however evidenced or created, whether known or unknown, arising prior to or on the date of this Amendment including, but not limited to, any Claims involving the extension of credit under or administration of this Amendment, the Credit Agreement or the Other Documents, as each may have been amended prior to the date hereof, or the Indebtedness incurred by Borrowers or any other transactions evidenced by this Amendment, the Credit Agreement or the Other Documents, in each case arising prior to or on the date of this Amendment.

assistant: Releases