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: not conjectural or hypothetical.]” Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992) (internal citation, quotation marks, and footnote omitted). 4 . “[W]e recognize that a district court always has jurisdiction to impose sanctions designed to enforce its own rules, even after that court no longer has jurisdiction over the substance of a case[.]” Fleming & Assocs. v. Newby & Tittle, 529 F.3d 631, 637 (5th Cir.2008). " ‘It is well established that a federal court may consider collateral issues after an action is no longer pending.’ ” Id. at 637-38 (quoting Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 395, 110 S.Ct. 2447, 110 L.Ed.2d 359 (1990)); see also Willy v. Coastal Corp., 503 U.S. 131, 137-39, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (<HOLDING>). 5 . Although Appellees moved for Rule 11 Options: A. holding that district court had subjectmatter jurisdiction and yet that judgment void for lack of jurisdiction to render the particular judgment B. holding that a district court could constitutionally impose rule 11 sanctions in a case in which was later determined that the court lacked subject matter jurisdiction C. holding that a district court may impose sanctions for abuse of judicial process pursuant to rule 11 even after it is determined that the court lacked subject matter jurisdiction over the plaintiffs claims D. holding that a district court had jurisdiction to impose rule 11 sanctions regardless of the existence of subjectmatter jurisdiction E. holding that courts of appeals should review all aspects of the district courts rule 11 determination for abuse of discretion and noting that the district court has broad discretion to impose rule 11 sanctions

assistant: The best answer is D. holding that a district court had jurisdiction to impose rule 11 sanctions regardless of the existence of subjectmatter 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: This Agreement may be executed in counterparts, which taken together form one legal instrument. Multiple signature pages and signatures delivered via scanned-in PDF copy or facsimile will all constitute originals and together will constitute one and the same instrument.

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 legal provision and list the applicable contract clause categories. Provision: All covenants, agreements, representations and warranties made by any Obligor herein and in the certificates or other instruments delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement and the making of any Loans, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement is outstanding and unpaid. The provisions of Sections 2.13 , 2.14 , 2.15 and 9.03 and Article VIII shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Commitments or the termination of this Agreement or any provision hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the execution and delivery of this Agreement by such Seller nor any agreement, document, or instrument executed or to be executed or to be caused to be executed in connection with this Agreement by such Seller, nor anything provided in or contemplated by this Agreement or any such other agreement, document, or instrument, nor the performance of the obligations of such Seller hereunder or thereunder (i) will result in the violation of any law or any provision of the organizational documents of such Seller or will conflict with any agreement or any order or decree of any court or governmental instrumentality of any nature by which such Seller is bound or (ii) except as otherwise set forth in this Agreement, will result in the acceleration or maturity of any agreement, document, or instrument affecting or relating to such Seller or the Properties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: allege possession; it cites to Barnes v. Webster, 220 Md. 473, 154 A.2d 918 (1959) and Wathen v. Brown, 48 Md.App. 655, 429 A.2d 292 (1981), both of which dealt with demurrers to a complaint and neither of which involve motions for summary judgment. Appellant appears to argue that judgment in favor of appellees was improper because appellees failed to state a claim upon which relief could be granted-an issue that was, perhaps, more appropriately litigated through the procedural vehicle of a motion to dismiss. See Md. Rule 2-322(b). Nonetheless, because we have before us only the trial court's grant of summary judgment, we shall address this issue using the standards applicable to appellate review of summary judgment motions. See Davis v. DiPino, 337 Md. 642, 643, 655 A.2d 401 (1995) (<HOLDING>). 18 . We further explained that, although Options: A. holding that district court should not have granted summary judgment solely on basis that motion for summary judgment was not opposed B. holding that the trial court may not grant summary judgment on a ground not raised in the motion C. holding that a trial court can only consider admissible evidence in ruling on a motion for summary judgment D. holding summary judgment may only be entered for one who has filed a motion asking that relief and only after notice and hearing on that motion E. holding that an appellate court should not undertake to review whether a plaintiff failed to state a claim upon which relief can be granted when the only motion filed and the only motion on appeal was the trial courts grant of summary judgment

assistant: The best answer is E. holding that an appellate court should not undertake to review whether a plaintiff failed to state a claim upon which relief can be granted when the only motion filed and the only motion on appeal was the trial courts grant of summary 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: any content provided or made available to you on the spotify support community by spotify employees , moderators , and/or representatives is provided on an `` as is '' basis without warranties of any kind .

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: 1866. 18 . See, e.g., id., 500 U.S. at 365, 111 S.Ct. at 1869 ("In the typical peremptory challenge inquiry, the decisive question will be whether counsel’s race-neutral explanation for a peremptory challenge should be believed. There will seldom be much evidence bearing on that issue, and the best evidence often will be the demeanor of the attorney who exercises the challenge. As with the state of mind of a juror, evaluation of the prosecutor’s state of mind based on demeanor and credibility lies peculiarly within a trial judge’s province.”) (internal quotation marks omitted). 19 . Washington, 34 S.W.3d at 380 ("A trial court’s ruling on a Batson challenge will not be disturbed unless clearly erroneous.”). 20 . See, e.g., United States v. Jackson, 347 F.3d 598, 605-06 (6th Cir.2003) Options: A. holding that when a district court fails to provide reasons for imposing special conditions and the defendant fails to object we review for plain error B. holding that defendant bears burden to rebut prosecutions stated reasons for exercising peremptory challenges and that if a defendant fails to rebut the facially raceneutral reasons offered by the prosecution an appellate court may re view the trial courts decision to deny the batson objection only for plain error C. holding that the trial court is required to provide reasons for its decision prior to appeal D. holding that the defendant was precluded from asserting error where the defendant had used all of his peremptory challenges and did not ask for more E. recognizing that the defendant bears the burden of establishing that plain error was prejudicial

assistant: The best answer is B. holding that defendant bears burden to rebut prosecutions stated reasons for exercising peremptory challenges and that if a defendant fails to rebut the facially raceneutral reasons offered by the prosecution an appellate court may re view the trial courts decision to deny the batson objection only for plain error
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’s employment under this Agreement will terminate upon her death during the term of this Agreement, in which event Executive’s estate or beneficiary shall be paid Executive’s Base Salary at the rate in effect at the time of Executive’s death for a period of one (1) year following Executive’s death (payable in accordance with the regular payroll practices of the Company). In addition, for one (1) year following Executive’s death, the Company will continue to provide medical, dental and vision coverage substantially comparable to the coverage, if any, maintained by the Company for Executive and her family immediately prior to Executive’s death. Such continued benefits will be fully paid for by the Company.

assistant: Death
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: and Modified Final Order on Judgment Nisi of March 4, 2002 are vacated. 1 . At the hearing, MacDonald asserted that the bond was executed to secure Castillo’s appearance under an indictment for offenses that occurred in 1994. After the bond was executed, the State dismissed that indictment and indicted Castillo for offenses that occurred in 1999. MacDonald argued that the bond was not applicable to the second indictment. The State argued, and an assistant district attorney testified, that the indictments were for the same offenses. 2 . In spite of the prohibition against sua sponte new trials, there are cases indicating that trial courts possess inherent power to change some of their rulings in criminal cases. See, e.g., Awadelkariem v. State, 974 S.W.2d 721, 728-29 (Tex.Crim.App.1998) (<HOLDING>). But in cases that have recognized this power, Options: A. holding that in ruling on a motion for summary judgment the trial court is limited to the grounds raised in the motion B. holding that the failure to obtain a ruling on a motion for new trial waives the issues raised for appellate review C. holding that the trial court did not err by granting defendants motion for summary judgment D. holding that the trial court erred by granting the defendants motion to dismiss E. holding that a trial court may rescind an order granting defendants motion for new trial within 75dayperiod allowed for ruling on the defendants motion

assistant: The best answer is E. holding that a trial court may rescind an order granting defendants motion for new trial within 75dayperiod allowed for ruling on the defendants motion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire understanding and agreement among the Parties with respect to the transactions contemplated herein and supersede any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof, all of which are merged herein. This Agreement shall not be modified, amended or in any way altered except by an agreement in writing signed by authorized representatives of the Party to be bound.

assistant: Integration
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 of the provisions of this Assignment or the application thereof to any persons or circumstances shall to any extent be invalid or unenforceable, the remainder of this Assignment, and the application of such provision or provisions to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and every provision of this Assignment shall be valid and enforceable to the fullest extent permitted by law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: AEGIS Cruiser Program, a position which was being phased out when Schenk was hired, see Record on Appeal, vol. 2, at 89, Schenk cannot even be termed McCann’s successor. 11 . For example, as a third option, Litton asked McCann if he would consider a transfer to its Canadian division, see Record on Appeal, vol. 3, at 237, where he had previously worked for a short time in 1978. See id. at 133. 12 . The other evidence offered by McCann—e.g., the preferential treatment of Schenk—speak, not to the issue of constructive discharge, but to the issue of whether McCann was discriminated against. Even assuming, arguendo, that McCann was discriminated against, the doctrine of constructive discharge requires that McCann show acts beyond that of the discrimination itself. See Jett, 798 F.2d at 755 Options: A. holding that an attorneys negligence alone does not qualify for such relief B. holding vague charge of discrimination in an internal letter or memorandum is insufficient to constitute opposition to an unlawful employment practice C. holding that a patent alone does not confer market power necessary to show unlawful tying D. holding that poor evaluations alone do not constitute an adverse employment action E. holding that unlawful discrimination alone cannot constitute such an aggravated situation that a reasonable employee would feel forced to resign

assistant: The best answer is E. holding that unlawful discrimination alone cannot constitute such an aggravated situation that a reasonable employee would feel forced to resign
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: See Fla. R. App, P. 9.030(b)(1)(A); Office of the Public Defender v. Lakicevic, 215 So.3d 112 (Fla. 3d DCA 2017) (treating an order denying the public defender’s motion for a protective order from a third-party subpoena duces tecum for deposition as a final order reviewable on appeal, rather than via a petition for writ of certiora-ri). We consolidated Wadsworth's appeal with the two' petitions, and, because we are quashing the subject order, we dismiss, as moot, Wadsworth’s appeal in case number '3D17-1527. We need not, and therefore do not, reach the perplexing issue of whether it is a better practice for a non-party to seek appellate, father than certiorari, review of a final discovery order, 7 .. see Marlin v. State Farm Auto. Ins. Co., 761 So.2d 380, 381 (Fla. 4th DCA 2000) Options: A. holding that insured may recover from its insurer any attorney fees incurred in successfully attempting to force the insurer to defend an action against the insured B. holding that if counsel retained by an insurer acts as an investigator and not as an attorney then the communications between the insured and insurer are not privileged C. holding in the context of an attorney malpractice suit an insurance company is not vicariously liable for the acts of the attorney it selects to defend the insured while the insurer selected the attorney to defend the insureds and controlled the ultimate decision to settle or defend under the policy there is nothing in the record to indicate the insurer had any control over the details of the litigation as it was being conducted by the the attorney D. holding that where the insurer retains an attorney to represent the insured pursuant to an insurance policy the attorney acts in the capacity of an independent contractor for the insured E. holding that an insurance policy providing that the insurance company would pay all reasonable expenses incurred by the insured at our request emphasis omitted did not establish an agreement that the insurer would cover attorney fees and costs to the insured in a declaratory action

assistant: The best answer is D. holding that where the insurer retains an attorney to represent the insured pursuant to an insurance policy the attorney acts in the capacity of an independent contractor for the insured
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for a cause of action existed no later than when the Lexington policy limits were exhausted, and not when the ... declaratory judgment action regarding coverage was resolved at a later date.” Nevertheless, the Brokers’ motion was not supported by evidence establishing that the limits of the Lexington policies were exhausted more than two years before the Insureds filed suit. On appeal, the Brokers argue that because the Insureds are charged with knowledge of the policies’ contents, the challenged claims against Lexington accrued on the dates in 1993 and 1994 on which the Insureds purchased the respective policies. In support of this argument, the Brokers rely on Mauskar v. Hardgrove, No. 14-02-00756-CV, 2003 WL 21403464 (Tex.App.-Houston [14th Dist.] June 19, 2003, no pet.) (mem.op.) (<HOLDING>). But see All-Tex Roofing, 73 S.W.3d at 415-16 Options: A. holding claims for negligent procurement of insurance accrued on date the insured purchased the insurance policies B. holding that insureds widow as beneficiary of life insurance policy had standing as an injured person under the insurance code C. holding that limitations on an insureds claims of negligent procurement negligent misrepresentation and violations of the insurance code and deceptive trade practices act began to run when insured purchased life insurance coverage and the discovery rule did not apply because the nature of the injury was not inherently undiscoverable D. holding that negligent misrepresentation is not affirmative defense regarding avoidance of life insurance policies E. holding negligent misrepresentation sufficient

assistant: The best answer is C. holding that limitations on an insureds claims of negligent procurement negligent misrepresentation and violations of the insurance code and deceptive trade practices act began to run when insured purchased life insurance coverage and the discovery rule did not apply because the nature of the injury was not inherently undiscoverable
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: function or duty by a municipality ... whether or not the discretion involved is abused." 23 . Guerrero ex rel. Guerrero v. Alaska Hous. Fin. Corp., 123 P.3d 966, 976 (Alaska 2005) (citing Estate of Arrowwood v. State, 894 P.2d 642, 645 (Alaska 1995)). 24 . Id. (citing Johnson v. State, 636 P.2d 47, 64 (Alaska 1981)). 25 . See id. at 977 ("Our cases have recognized that if decisions require the state to balance 'the detailed and competing elements of legislative or executive' policy, they nearly always deserve protection by discretionary function immunity." (quoting Indus. Indem. Co. v. State, 669 P.2d 561, 563 (Alaska 1983))). 26 . KIBC 08.25.065(E) (1996) (superseded in 2010). 27 . See State, Dep't of Transp. & Pub. Facilities v. Sanders, 944 P.2d 453, 457-58 (Alaska 1997) (<HOLDING>). We also reject Cutler's argument that the Options: A. holding that where department of transportation regulations did not require department officials to enforce vehicle regulations the departments decision not to do so was discretionary B. holding that the company administering a selfinsurance program for the department of transportation was an agent for the department and was therefore immune from suit C. holding that agency regulations cannot be applied retroactively unless congress has so authorized the administrative agency and the language of the regulations require it D. holding that because the department of revenue is subordinate to the board of tax review in the decision making process the department is not an adversely affected or aggrieved party having standing to petition for judicial review of the boards order reversing a decision of the department E. holding that a state department of transportation employee was subject to patronage dismissal where his duties included serving as a liaison between the director of the department and the general public and other government officials including representing the department at meetings and conferences

assistant: The best answer is A. holding that where department of transportation regulations did not require department officials to enforce vehicle regulations the departments decision not to do so was discretionary
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 Executive’s or the Company’s failure to insist upon strict compliance with any provisions of, or to assert any right under, this Agreement shall not be deemed to be a waiver of such provision or right or of any other provision of or right under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of that order. We consolidated the appeal and the petition for writ of certiorari for review. Fernwoods has now dismissed its appeals from the March 21 and March 29 orders; Octubre has also dismissed her cross-appeal from the March 10 order. This leaves pending for resolution only the Rodriguez’ cross-appeal of the March 29 order permitting Octubre to intervene and staying collection and their certiorari petition challenging the propriety of that same order. As the following eases establish, the March 29 order must be reversed: Goolsby v. State, 914 So.2d 494, 496 (Fla. 5th DCA 2005) (concluding that “any order entered simultaneously with an order of recusal ... [is] void and [has] no effect”); Barnett Bank of South Florida, N.A. v. Tarr, 557 So.2d 595, 595-96 (Fla. 4th DCA 1990) (<HOLDING>); Economic Dev. Corp. of Dade County, Inc. v. Options: A. holding recusal not required B. holding that the oral rendition of an order in open court does not constitute entry of that order C. holding that an order granted simultaneously with a recusal order is void unless the trial judges written order was but a reduction of an earlier adverse oral ruling made prior to the recusal D. holding that court lacked jurisdiction on appeal from injunction because the order was simply an interpretation of an earlier order E. holding that the judges recusal order effectively deprived that judge of authority to preside over the contempt proceedings

assistant: The best answer is C. holding that an order granted simultaneously with a recusal order is void unless the trial judges written order was but a reduction of an earlier adverse oral ruling made prior to the recusal
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: and loan officers who were allegedly negligent in approving bad loans; it does not involve the same kind of intentional and abhorrent conduct present in Bouterie. Therefore, we will not extend the doctrine beyond the four traditional categories in this case. 18 . See, e.g., Palowsky v. Premier Bancorp, Inc., 597 So.2d 543, 545 (La.Ct.App.1992) (noting that "a shareholder may ... sue to recover losses to a corporation resulting from mismanagement and breaches of fiduciary duties [on the part of its directors] secondarily through a shareholder's derivative suit.”). 19 . See Rogers, 42 F.3d at 295 (stating that the third category “is applied in situations involving concealment, fraud, misrepresentation and other ill practices.”); Fontenot v. ABC Ins. Co., 674 So.2d 960, 963 (La.1996) (<HOLDING>). 20 . Because we hold that contra non valentem Options: A. recognizing differing elements and standard of proof between medical malpractice and fraud B. holding that a north carolina rule requiring an expert certification in a medical malpractice case applied in a federal tort claims act case sounding in medical malpractice brought in federal court C. holding that a plaintiff cannot avoid the securities fraud exception by pleading mail fraud or wire fraud if the conduct giving rise to those offenses also amounts to securities fraud D. recognizing fraud to be a known misrepresentation or a nondisclosure E. holding in a medical malpractice case that to trigger application of the third category a physicians conduct must rise to the level of concealment misrepresentation fraud or ill practices

assistant: The best answer is E. holding in a medical malpractice case that to trigger application of the third category a physicians conduct must rise to the level of concealment misrepresentation fraud or ill practices
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: Carmickle also argues that the ALJ erred by not classifying his carpal tunnel syndrome as a “severe” impairment at step two of the analysis. However, the only medical evidence addressing such impairment is a letter dated in 1996 (well before Carmickle’s alleged onset of disability) stating that the physician “identified a probably unrelated carpal tunnel syndrome and peripheral neuropathy” and notes from a follow-up visit indicating that “over the past couple of weeks [Carmickle] has had further improvement in his ... arm symptoms such that he states that over the past several days he has few, if any, arm complaints.” Furthermore, the medical record does not establish any work-related limitations as a result of this impairment. See Burch v. Barnhart, 400 F.3d 676, 682 (9th Cir.2005) (<HOLDING>) (internal quotation marks omitted). Thus, we Options: A. holding that a medical impairment is deemed severe when alone or in combination with other medically determinable physical or mental impairments it significantly limits an individuals physical or mental ability to do basic work activities B. holding that emotional distress requires a showing of either physical symptoms or mental illness C. holding that rule 35 does not permit sweeping examinations of a party who has not affirmatively put into issue his own mental or physical condition by asserting his mental or physical condition either in support of or in defense of a claim and that mere relevance to the case is insufficient D. holding that a general statement about how the defendant wanted to introduce evidence of medical or mental impairment to show that the defendant lacked the proper mental state was an insufficient offer there must be some meat of the actual evidence E. holding testimony about plaintiffs mental and physical state before treatment by physician was relevant

assistant: The best answer is A. holding that a medical impairment is deemed severe when alone or in combination with other medically determinable physical or mental impairments it significantly limits an individuals physical or mental ability to do basic work activities
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 Severance Benefits are contingent upon and subject to your execution and non-revocation of the Release following the Separation Date in accordance with Sections 5(b) and 24(c) of the Employment Agreement , and you agree to sign and be bound by the Release which will be considered an integral part of this Letter Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the date hereof, the authorized common stock of the Company consists of 1,000,000,000 authorized shares of Common Stock, $0.001 par value per share, of which 488,376,582 shares are issued and outstanding; and 101,357,466 shares are reserved for issuance upon conversion of the Note. All of such outstanding shares of capital stock are, or upon issuance will be, duly authorized, validly issued, fully paid and non-assessable.

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 Company has filed all quarterly and annual reports, to the best of its knowledge, all other reports, schedules, forms, statements and other documents required to be filed by it with the SEC pursuant to the reporting requirements of the Securities Exchange Act of 1934, as amended (the "1934 Act") (all of the foregoing filed prior to the date hereof and all exhibits included therein and financial statements and schedules thereto and documents (other than exhibits to such documents) incorporated by reference therein, being hereinafter referred to herein as the "SEC Documents"). Upon written request the Company will deliver to the Buyer true and complete copies of the SEC Documents, except for such exhibits and incorporated documents. As of their respective dates or if amended, as of the dates of the amendments, the SEC Documents complied in all material respects with the requirements of the 1934 Act and the rules and regulations of the SEC promulgated thereunder applicable to the SEC Documents, and none of the SEC Documents, at the time they were filed with the SEC, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. None of the statements made in any such SEC Documents is, or has been, required to be amended or updated under applicable law (except for such statements as have been amended or updated in subsequent filings prior the date hereof). As of their respective dates or if amended, as of the dates of the amendments, the financial statements of the Company included in the SEC Documents complied as to form in all material respects with applicable accounting requirements and the published rules and regulations of the SEC with respect thereto. Such financial statements have been prepared in accordance with United States generally accepted accounting principles, consistently applied, during the periods involved and fairly present in all material respects the consolidated financial position of the Company and its consolidated Subsidiaries as of the dates thereof and the consolidated results of their operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments). The Company is subject to the reporting requirements of the 1934 Act.

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 case excerpt and choose the best holding from the options. Case excerpt: and objective basis that would establish reasonable suspicion and, thus, justify their stop of McCray on August 14, 2000. The Government argues that under the totality of the circumstances, the following factors, when considered together, establish that Officers Muniz and Prado had reasonable suspicion to stop McCray on August 14, 2000: 1) the stop occurred l activity cannot, standing alone, justify an investigatory stop, see Brown v. Texas, 443 U.S. 47, 52, 99 S.Ct. 2637, 61 L.Ed.2d 357 (1979); United States v. Burton, 193 F.R.D. 232, 238 (E.D.Pa.2000) le who know each other to stand in their own community and have a conversation late at night on a summer evening. 2. Presence of Gerry Bellflower Perhaps the least credible aspect of the officers’ recounting (E.D.Pa.1990) (<HOLDING>). However, the facts in this case suggest no Options: A. holding that a group of men standing with known drug traffickers who fled when officers approached established reasonable suspicion B. holding that police officers had reasonable suspicion of criminal activity after observing a group of men huddled around a closed store at 2 am C. holding that reasonable suspicion justified a terry stop of the defendant when she was walking and talking with known drug dealers who were known to be at the scene to buy and sell cocaine D. holding that an officers observation of a man holding his hand out with a group of other men looking down at his open palm in an high drug trafficking area late at night constituted reasonable suspicion E. holding that officers observation of a known drug dealer approaching the defendants car gave rise to reasonable suspicion

assistant: The best answer is A. holding that a group of men standing with known drug traffickers who fled when officers approached established reasonable suspicion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of any controversy, claim or dispute between the parties hereto arising out of or relating to this Agreement, the matter shall be determined by arbitration, which shall take place in Orange County, California, under the rules of the American Arbitration Association. The arbitrator shall be a retired Superior Court judge mutually agreeable to the parties and if the parties cannot agree such person shall be chosen in accordance with the rules of the American Arbitration Association. The arbitrator shall be bound by applicable legal precedent in reaching his or her decision. Any judgment upon such award may be entered in any court having jurisdiction thereof. Any decision or award of such arbitrator shall be final and binding upon the parties and shall not be appealable. The parties hereby consent to the jurisdiction of such arbitrator and of any court having jurisdiction to enter judgment upon and enforce any action taken by such arbitrator. The fees payable to the American Arbitration Association and the arbitrator shall be paid by the Company.

assistant: Arbitration
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 Guarantor’s knowledge, there is no action, suit, proceeding, arbitration or investigation pending or threatened against Guarantor in any court or by or before any other Governmental Authority, in each case, which, if adversely determined, would reasonably be expected to materially and adversely affect the performance of Guarantor’s obligations and duties under this Guaranty. There are no outstanding or unpaid judgments against Guarantor.

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: fiduciaries by this subchap-ter shall be personally liable to make good to such plan any losses to the plan resulting from each such breach, and to restore to such plan any profits of such fiduciary which have been made through use of assets of the plan by the fiduciary.... 29 U.S.C. § 1109(a). Under § 1109(a), the fiduciary is liable for at least two types of damages: losses to the plan and profits made by the fiduciary. In order to recover damages for losses to the benefit plans, the Plaintiffs must show causation between the breach of fiduciary duty and the loss. See In re Unisys Savings Plan Litigation, 74 F.3d 420, 445 (3d Cir.1996) (interpreting-similar language in 29 U.S.C. § 1104(c) to require causal connection and quoting Brandt v. Grounds, 687 F.2d 895, 898 (7th Cir.1982) (<HOLDING>)); Reich v. Compton, 57 F.3d 270, 286 n. 23 (3d Options: A. holding that 1109a requires causal connection between breach and loss B. holding that eight months between charges and dismissal created inference of causal connection C. holding that the language of the statute clearly requires proof of a causal connection between the drivers intoxication and the death of another person D. holding that to show a causal connection the plaintiff must demonstrate a relationship between the misconduct and the plaintiffs injury E. holding that there must be a causal connection between the advertising activity and the injury alleged in the underlying complaint

assistant: The best answer is A. holding that 1109a requires causal connection between breach and 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: end of subscription : when a vimeo plus , pro , or business subscription ends , the account automatically becomes a basic ( free ) account and vimeo may disable access to or delete any content to comply with basic account limits .

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: if the terms of the health care plan specifically exclude from coverage the cost of an appendectomy, then any injuries caused by the refusal to cover the appendectomy are properly attributed to the terms of the plan itself, not the managed care entity that applied those terms. 4 Respondents also argue that ERISA § 502(a) completely pre-empts a state cause of action only if the cause of action would be pre-empted under ERISA § 514(a); respondents then argue that their causes of action do not fall under the terms of § 514(a). But a state cause of action that provides an alternative remedy to those provided by the ERISA civil enforcement mechanism conflicts with Congress’ clear intent to make the ERISA mechanism exclusive. See Ingersoll-Rand Co. v. McClendon, 498 U. S.133, 142 (1990) (<HOLDING>). 5 ERISA § 514(b)(2)(A), 29 U. S. C. § Options: A. holding that the plaintiffs causes of action were preempted because their claims were premised on the existence of an erisa plan B. recognizing cause of action C. holding that ejven if there were no express preemption under erisa 514a of the cause of action in that case it would be preempted because it conflicted directly with an erisa cause of action D. recognizing cause of action for equitable estoppel under erisa E. recognizing the cause of action

assistant: The best answer is C. holding that ejven if there were no express preemption under erisa 514a of the cause of action in that case it would be preempted because it conflicted directly with an erisa cause of action
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: Promptly upon reasonable request by the Majority Lenders, the Borrower shall (a) correct any material defect or error that may be discovered in the execution, acknowledgment, filing or recordation of any Credit Document or other document or instrument relating to any Collateral, and (b) do, execute, acknowledge, deliver, record, re-record, file, re-file, register and re-register any and all such further acts, deeds, certificates, assurances and other instruments as the Majority Lenders may reasonably require from time to time in order to grant, preserve, protect and perfect the validity and priority of the security interests created or intended to be created by the Security Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as to the appropriate legal standard to be applied.” DiBiasi, 988 So.2d at 459.’ “Catrett v. Baldwin County Elec. Membership Corp., 996 So.2d 196, 199 (Ala.2008).” Moon v. Pillion, 2 So.3d 842, 845 (Ala.2008). Legal Analysis The elements of a claim of malicious prosecution are: (1) institution of a prior judicial proceeding by the present defendant, (2) a lack of probable cause, (3) malice on the defendant’s part, (4) termination of the prior proceeding in favor of the present plaintiff, and (5) damage. Delchamps, Inc. v. Bryant, 738 So.2d 824, 831-33 (Ala.1999). The parties agree that there is no dispute that Burnett instituted a criminal proceeding against Ravenel; that the criminal proceeding was terminated in favor of Ravenel, see Chatman v. Pizitz, Inc., 429 So.2d 969 (Ala.1983) (<HOLDING>); and that Ravenel sustained damages. “In this Options: A. holding that defendants successful completion of pretrial intervention program in one county and the entry of a nolle prosequi as to the relevant charges in that county barred subsequent prosecution in a separate county for charges arising out of the same conduct B. holding that criminal statutes of limitation should be construed in favor of the accused C. holding that the entry of a nolle prosequi generally suffices as a termination of a criminal proceeding in favor of the plaintiff in a maliciousprosecution action D. holding that the test for ineffective assistance of counsel in termination cases is generally the same as in criminal proceedings E. holding that appellant was not entitled to a preliminary hearing under code 192218 because following the entry of the nolle prosequi at the preliminary hearing the original charges were terminated and the situation was the same as if the commonwealth had chosen to make no charge until the return of the direct indictment quoting watkins v commonwealth 27 vaapp 473 475 499 se2d 589 590 1998 en banc

assistant: The best answer is C. holding that the entry of a nolle prosequi generally suffices as a termination of a criminal proceeding in favor of the plaintiff in a maliciousprosecution action
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: Termination of this Agreement shall not terminate any continuing obligation(s) of the parties under this Agreement, and the parties hereby agree that such obligation(s) shall survive termination, unless the context of the obligation(s) requires otherwise.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Credit Party and each of its Subsidiaries own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights (collectively, " IP Rights ") that are reasonably necessary for the operation of their respective businesses, without conflict in any material respects with the rights of any other Person. To the knowledge of the Borrower, no slogan or other advertising device, product, process, method, substance, part or other material employed by any Credit Party or any of its Subsidiaries infringes in any material respect upon any rights held by any other Person. No claim or litigation regarding any of the foregoing is pending or threatened in writing, which, either individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Johnson and Wallace, saw two men flee the scene upon their approach. See Wardlow, 528 U.S. at 124, 120 S.Ct. 673 (stating that “[h]eadlong flight — -wherever it occurs — is the consummate act of evasion”). Furthermore, as the court discussed above, the “totality of the circumstances” to be considered in determining whether reasonable suspicion existed to support Johnson’s seizure also includes all of Johnson’s non-compliant conduct after being ordered to show his hands. See Valentine, 232 F.3d at 358. In the present case, as Silvers stepped out of the police car, Johnson had a “very surprised look” on his case. Tr. at 49. Because Johnson’s eyes got “real wide,” Silvers was led to believe that something was not right. Tr; at 49, 53, see also Wardlow, 528 U.S. at 124, 120 S.Ct. 673 (<HOLDING>) As Silvers approached, Johnson pushed Senquiz Options: A. holding nervous behavior and inconsistent story justified reasonable suspicion and subsequent search B. recognizing presence in a high crime area unprovoked flight and nervous evasive behavior as factors supporting a reasonable suspicion C. holding that nervous behavior and failure to make eye contact did not give rise to reasonable individualized suspicion D. holding that nervous evasive behavior is a pertinent factor in determining reasonable suspicion E. holding that nervous evasive behavior such as flight is a relevant factor in an examination of reasonable suspicion

assistant: The best answer is D. holding that nervous evasive behavior is a pertinent factor in determining reasonable suspicion