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: 825 (DC Cir 1984), current tort principles permit diagnostic testing: “Jones is knocked down by a motorbike which Smith is riding through a red light. Jones lands on his head with some force. Understandably shaken, Jones enters a hospital where doctors recommend that he undergo a battery of tests to determine whether he has suffered any internal head injuries. The tests prove negative, but Jones sues Smith solely for what turns out to be the substantial cost of the diagnostic examinations.” Medical monitoring is simply a continuing series of diagnostic tests used to determine the extent of the injury and the appropriateness of treatment. In Oregon, a plaintiff in a negligence action may recover the costs of diagnostic testing, see Zehr v. Haugen, 318 Or 647, 656-57, 871 P2d 1006 (1994) (<HOLDING>), and there is no reason that such a plaintiff Options: A. recognizing that when a defendants negligence causes bodily injury the plaintiff can recover damages for past present and future medical expenses bodily injury and emotional distress B. holding that it was a double jeopardy violation to convict and sentence for both dui with serious bodily injury and driving without a valid license with serious bodily injury based on an injury to a single victim C. holding that a plaintiff may recover damages for emotional distress caused by observing the negligently inflicted injury of a third person if but only if said plaintiff 1 is closely related to the injury victim 2 is present at the scene of the injury producing event at the time it occurs and is then aware that it is causing injury to the victim and 3 as a result suffers serious emotional distress D. holding that the fatal injury to a murder victim may be considered as satisfying the bodily injury component of the capital felony of kidnapping with bodily injury E. holding that bodily injury does not include purely emotional injuries

assistant: The best answer is A. recognizing that when a defendants negligence causes bodily injury the plaintiff can recover damages for past present and future medical expenses bodily injury and emotional distress
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: cites Scott K. Zesch, Annotation, When Does Statute of Limitations Begin to Run in Action under False Claims Act (31 U.S.C.A. §§ 3729-3733), 139 A.L.R. 645 § 4 (1997) and "the cases cited therein" for the proposition that the majority rule is that the limitation period begins to run when a claim is presented to the government agency for payment, rather than when the claim is paid. Most of the cases cited in § 4 of the annotation did not address the issue of whether the date of payment or of claim submission was the triggering date for the FCA statute of limitations, but merely held that the limitation period begins to run no earlier that the date on which the false claim is submitted. See, e.g., United States v. Ettrick Wood Prods., Inc., 774 F.Supp. 544, 552, 552 n. 12 (W.D.Wis.1988) Options: A. holding the correct date to use when determining the controlling statute is date upon which the claim arose B. holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act C. holding that the statute does not begin to run until at least a demand has been made upon the government but determining that the facts of that case made it unnecessary to choose between the date of demand and the date of actual payment as the triggering date for the running of the statute of limitations D. holding that where the date of the offense is not an element of the charge a variance between the indictment date and the proof at trial is not fatal so long as the acts charged were committed within the statute of limitations period and prior to the return date of the indictment E. holding that interest does not begin to accrue until the date of judgment not the date of verdict

assistant: The best answer is C. holding that the statute does not begin to run until at least a demand has been made upon the government but determining that the facts of that case made it unnecessary to choose between the date of demand and the date of actual payment as the triggering date for the running of the statute of limitations
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 AMENDMENT AND ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO OR IN CONNECTION WITH THIS AMENDMENT, THE RELATIONSHIP OF THE PARTIES, AND/OR THE INTERPRETATION AND ENFORCEMENT OF THE RIGHTS AND DUTIES OF THE PARTIES WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ANY CONFLICTS OF LAW PRINCIPLES OTHER THAN SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW.

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

user: The Confidential Information is and shall be considered valuable trade secrets owned exclusively by the Disclosing Party. The Disclosing Party retains all right, title and interest in the Confidential Information and any reasonably related information which may be subsequently developed, and the Receiving Party waives all rights to the intellectual property and copyright therein in favour of the Disclosing Party. No license is granted to the Receiving Party in relation to any intellectual property rights that attach to or may be embodied in any Confidential Information, or is implied by the conveying of such Confidential Information to the Receiving Party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is solvent, post-petition interest is paid to creditors prior to any money being returned to the debtor. I construe Section 1301 to embody another exception to the general rule. Courts have had little difficulty in differentiating between "claim” and “allowed clam” in other areas, including dischargeability of post-petition interest on student loans, post-petition interest on tax claims, and in the context of attorney’s fees. For example, in discussing the collection of post-petition interest on student loans, the Bankruptcy Appellate Panel for the 9th Circuit stated that because Congress specifically chose to use the term "allowed claims” in specific Code provisions, by not using that term in 1328(a)(2) it did not intend to restrict the exceptions to disc 721 F.2d 1052 (6th Cir.1983) (<HOLDING>); In re Austin, 110 B.R. 430 Options: A. holding that the automatic stay would be modified so that a credit union could seek payment of postpetition interest from the codebtor B. holding that the otherwise harmless violation of the automatic stay did not suffice to deprive the irs of the postpetition interest setoff to which it would have been entitled had it first sought a lifting of the stay from the bankruptcy court C. holding that a postpetition claim under section 1305 is a liability that arises postpetition and relates only to postpetition activity D. holding that a banks claim of irreparable harm through delay of postpetition interest payments was insufficient to lift the automatic stay under the provisions of section 1301 as the debtor proposed to pay 100 of the plan including postpetition interest E. holding that the automatic stay barred a suit for injunctive relief to prevent postpetition antitrust violations

assistant: The best answer is D. holding that a banks claim of irreparable harm through delay of postpetition interest payments was insufficient to lift the automatic stay under the provisions of section 1301 as the debtor proposed to pay 100 of the plan including postpetition 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: During the Employment Term, the Company will pay or reimburse the Executive for reasonable and necessary business expenses incurred by the Executive during the Employment Term in connection with the Executive’s duties on behalf of the Company in accordance with the Company’s travel and expense policy, as it may be amended from time to time, or other applicable Company Polices, following submission by the Executive of reimbursement expense forms in a form consistent with such expense policies. The Executive shall also be entitled to reimbursement of fees and expenses incurred in connection with maintaining Executive’s professional law license in the State of New York or any other State in the United States where the Company may relocate.

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 case excerpt and choose the best holding from the options. Case excerpt: actions, “the district courts shall not have supplemental jurisdiction ... over claims by plaintiffs against persons made parties under Rule ... 24 ..; or over claims by persons ... seeking to intervene as plaintiffs under Rule 24 ... when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332.”). But in federal-question cases, the identity of the parties is irrelevant and the district court’s jurisdiction is grounded in the federal question(s) raised by the plaintiff. See 28 U.S.C. § 1331. The jurisdictional requirement, therefore, prevents the enlargement of federal jurisdiction in such cases only where a proposed intervenor seeks to bring new state-law claims. See, e.g., Beckman Indus., Inc., 966 F.2d at 473 (<HOLDING>); Blake, 554 F.2d at 956-57. Where the proposed Options: A. holding that an independent jurisdictional basis is not required in this case because intervenors do not seek to litigate a claim on the merits B. holding that considering an amendment is not the time to address the merits of a case C. holding that a dismissal based on a jurisdictional statute of limitations does not constitute a judgmerit on the merits because a judgment on the merits can only be rendered after a court has jurisdiction D. holding that the disqualification order is an issue completely independent of the merits of the action E. holding that this time requirement is mandatory and jurisdictional

assistant: The best answer is A. holding that an independent jurisdictional basis is not required in this case because intervenors do not seek to litigate a claim on the merits
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: intended to violate the statute. A. Sturm’s first claim is that Congress did not intend the Hobbs Act to apply to actions based on a creditor’s fear of nonre-payment. He supports this claim by pointing to the absence of any mention of such actions in both the statute’s legislative history and in cases interpreting the statute. He argues that extending the statute to include such actions would interfere with state sovereignty and squander federal judicial resources. We find Sturm’s arguments unpersuasive. The statute provides a precise definition of extortion, and there is persuasive evidence that Congress intended “to make punishable all conduct falling within the reach of the statutory language.” United States v. Culbert, 435 U.S. 371, 377, 98 S.Ct. 1112, 1116, 55 L.Ed. 2d 349 (1978) (<HOLDING>). The purpose of the statute was “to prevent Options: A. holding that proof of racketeering was not a separate prerequisite to criminal liability under the hobbs act B. recognizing that injury is a prerequisite to liability C. holding the meaning of commerce element in a different federal statute the hobbs act to be a question of law D. holding that impossibility is not a defense to attempts or conspiracy under the hobbs act E. holding no liability under false claims act unless certification prerequisite to payment

assistant: The best answer is A. holding that proof of racketeering was not a separate prerequisite to criminal liability under the hobbs act
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 Purchaser agrees that except for the representations and warranties of the Seller contained in this Agreement, neither the Seller nor any of its Affiliates, stockholders, directors, officers, employees, representatives or advisors have made and shall not be deemed to have made, nor has the Purchaser relied on, any other representation, warranty, covenant or agreement, express or implied, with respect to the Seller, ELAD, the ELAD System, the Purchased Assets, or the transactions contemplated by this Agreement, or the completeness or accuracy of any information made available to the Purchaser.

assistant: Warranties
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: Given that on appeal we do not reweigh evidence or choose between competing inferences, it would be inappropriate to. reverse the ALJ’s decision when Shea’s own evidence reasonably could be found insufficient to prove her case, See Shea II, 267 P.3d at 634; see also Road v. Alaska State Comm’n for Human Rights, 86 P.3d 899, 903 (Alaska 2004) (“In applying tire substantial evidence test we view the evidence in favor of the findings.” (citing Alaska State Comm’n for Human Rights v. Yellow Cab, 611 P.2d 487, 490 (Alaska 1980))). 42 . See AS 39.35.680(27) (defining "occupational disability” as "a physical or mental condition that ... presumably permanently" prevents the employee from performing the employee's usual or comparable duties (emphasis added)); Hester, 817 P.2d at 476 n.7 (<HOLDING>); see also Shea II, 267 P.3d at 631 ("[A]n Options: A. recognizing distinction between tolling and estoppel B. holding that there is no distinction in the right to jury trial between sentencing factors and elements C. holding that there is a rational basis for the distinction D. holding there is no distinction in the occupational disability context between the worsening of the underlying disease process and worsening of the symptoms E. holding there is no meaningful distinction between due course and due process

assistant: The best answer is D. holding there is no distinction in the occupational disability context between the worsening of the underlying disease process and worsening of the symptoms
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 representations and warranties of the e-Marine Shareholders and e-Marine contained in this Agreement shall be true in all material respects on and as of the Closing Date with the same force and effect as though made on and as of the Closing Date. The e-Marine Shareholders and e-Marine shall have performed and complied in all material respects with all covenants and agreements required by this Agreement to be performed or complied with by the E-Marine Shareholders and e-Marine on or prior to the Closing Date.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 375 U.S. 39 84 S.Ct. 8 11 L.Ed.2d 8 SHENANDOAH VALLEY BROADCASTING, INC., et al.v.AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS. No. 323. Oct. 21, 1963. For Opinion on Rehearing see 84 S.Ct. 627. Ralstone R. Irvine and Walter R. Mansfield, for petitioners. Arthur H. Dean, William Piel, Jr., Herman Finkelstein and Lloyd N. Cutler, for respondent. PER CURIAM. 1 In 1950 the District Court for the Southern District of New York entered an amended consent decree in a government Sherman Act suit requiring ASCAP inter alia to 'grant to any user making written application therefor a non-exclusive license to perform all of the compositions in the ASCAP repertory' subject to a reasonable license fee. On request of petitioners for a license ASCAP refused to fix a fee and, as provided by the amended consent decree, this application was filed for an order to fix a reasonable fee. The District Court found that the consent decree did not require ASCAP to issue the type of license petitioners requested and, therefore, dismissed the application. 208 F.Supp. 896. The petitioners took an appeal to the Court of Appeals and also perfected a direct one to this Court under § 2 of the Expediting Act. 15 U.S.C. § 29. We dismissed the appeal filed here for want of jurisdiction, 371 U.S. 540, 83 S.Ct. 519, 9 L.Ed.2d 508 (1963). Thereafter, the Court of Appeals dismissed the appeal perfected there, 317 F.2d 90, on the ground that all appeals are 'routed' to this Court by the Expediting Act and this petition brings that question here once again. 2 The dismissal that we heretofore entered was based on our unexpressed view that the appeal from an ancillary order of this type was not within the Expediting Act. Direct appeals to this Court are authorized by that Act only from final judgments where the United States is a complainant. The purpose of the Act is to expedite litigation of 'great and general importance' where the Government is the aggrieved party. See 36 Cong.Rec. 1679 (1903). The controversy which is disposed of by the District Court's order is entirely between private parties and is outside the mainstream of the litigation in which the Government is directly concerned. Compare Terminal R. Ass'n. of St. Louis v. United States, 266 U.S. 17, 45 S.Ct. 5, 69 L.Ed. 150; Aluminum Co. of America v. United States, 302 U.S. 230, 58 S.Ct. 178, 82 L.Ed. 219. In these circumstances, and the order being final rather than interlocutory, we believe that the appeal does lie under 28 U.S.C. § 1291. The petition is therefore granted and the judgment is reversed and the cause remanded to the Court of Appeals for consideration on its merits. 3 It is so ordered. 4 Judgment reversed and cause remanded. 5 Mr. Justice BLACK acquiesces in the Court's judgment because of the holding in the prior appeal.

assistant: 9
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, for all purposes, shall be construed in accordance with the laws of California without regard to conflicts of law principles. Any action or proceeding by either of the Parties to enforce this Agreement shall be brought only in a state or federal court located in the state of California, county of Contra Costa. The Parties hereby irrevocably submit to the exclusive jurisdiction of such courts and waive the defense of inconvenient forum to the maintenance of any such action or proceeding in such venue.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Executive’s employment is terminated by reason of the Executive’s death during the Period of Employment, the Company shall pay the Executive’s estate or beneficiaries the Accrued Obligations, the Pro Rata Bonus and the Other Benefits (subject to the proviso in Section 7.A.(1)(a) to the extent applicable), and shall have no other severance obligations under this Agreement. The Accrued Obligations and the Pro Rata Bonus shall be paid to the Executive’s estate or beneficiary, as applicable, in a lump sum in cash within 30 days of the Termination Date.

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: In re Schmaling, 783 F.2d 680, 683 (7th Cir.1986); see also In re Schneider, 864 F.2d 683 (10th Cir.1988); In re Boyett, 250 B.R. 817, 822 (Bankr. S.D.Ga.2000); In re White, No. BRL88-00971C, 1989 WL 146417 (Bankr.N.D.Iowa Oct.27, 1989); In re Kruse, 35 B.R. 958 (Bankr.D.Kan.1983); Conagra, Inc. v. Farmers State Bank, 237 Mich.App. 109, 602 N.W.2d 390 (Mich.App.1999). A Texas bankruptcy case, frequently cited in this connection, explained that, “the disaster payments are merely the substitute proceeds of the crop which logically would have been received had the disaster or low yields not occurred.” In re Nivens, 22 B.R. 287, 291 (Bankr.N.D.Tex.1982). Nivens ’s reasoning was adopted by the Texas Supreme Court in Sweetwater Prod. Credit Ass’n, v. O’Briant, 764 S.W.2d 230 (Tex.1988)(<HOLDING>). The conclusion of these courts that federal Options: A. holding student loan proceeds did not lose exempt status after excess of proceeds after payment of tuition and fees was deposited in students bank account B. holding the real estate sale proceeds C. holding payment in kind contracts are proceeds D. holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous E. holding that at will contracts of employment are subject to tortious interference with contracts claims

assistant: The best answer is C. holding payment in kind contracts are proceeds
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: one-year statute of limitations was not tolled as to all initial TILA disclosures because “nothing prevented [plaintiff] from comparing the loan contract, Fidelity’s initial disclosures, and TILA’s statutory and regulatory requirements.” Hubbard, 91 F.3d at 79. This is another way of saying that the mere existence of TILA violations and lack of disclosure does not itself equitably toll the statute of limitations. This is sensible, because it is in line with the generally applicable principles of equitable tolling, and because a contrary rule would render the one-year statute of limitations meaningless, as it would be tolled whenever there were improper disclosures. See also Cardiello v. The Money Store, Inc., 2001 U.S. Dist. LEXIS 7107, 2001 WL 604007, at *15-16 (S.D.N.Y. June 1, 2001) (<HOLDING>) (quoting Pettola v. Nissan Motor Accept. Options: A. holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling B. holding that equitable tolling is available where petitioners attorney engaged in fraudulent or deceptive acts C. holding equitable tolling requires fraudulent conduct beyond the nondisclosure itself D. recognizing difference between tolling and equitable estoppel E. holding title vii subject to equitable tolling

assistant: The best answer is C. holding equitable tolling requires fraudulent conduct beyond the nondisclosure itself
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: by “offenses that result from the advertising of your products or work,” language found in one of the disputed policies). Because the causation language is missing in the policies here, however, these decisions are not directly applicable. Second, the policy definition in this case does not include the terms “unfair competition” or “piracy” which are the somewhat open-ended terms on which expansive claims of coverage have traditionally been laid. See, e.g. National Union Fire Ins. Co. v. Siliconix, Inc., 729 F.Supp. 77, 79 (N.D.Cal.1989) (finding that the term “piracy” could incorporate patent infringement). Two recent California Supreme Court decisions plainly set forth the analysis which this court must use in deciding the motion: Bank of the West, 10 Cal.Rptr.2d 538, 833 P.2d 545 (<HOLDING>), and AIU Insurance Co. v. FMC Corp., 51 Cal.3d Options: A. holding that pecuniary damages are not property damages under insureds policy B. holding that insurable interest doctrine does not entitle deceased insureds estate to a reformation of the insurance contract but a constructive trust on the policy proceeds C. holding that there must be a causal connection between an insureds advertising and an alleged injury to trigger coverage for an advertising injury D. holding that an insureds payments for violations of the state unfair business practices act calbus profcode 17203 are not insurable damages under the insureds advertising injury insurance policies E. holding that insurance company could sue in insureds name following assignment of insureds interest against tortfeasor

assistant: The best answer is D. holding that an insureds payments for violations of the state unfair business practices act calbus profcode 17203 are not insurable damages under the insureds advertising injury insurance policies
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: Section headings in this Third Amendment are included herein for convenience of reference only, are not part of this Third Amendment and are not to affect the construction of, or to be taken into consideration in interpreting, this Third Amendment.

assistant: Headings
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: education classes. [AR 411], Plaintiffs fifth-grade teacher said that plaintiff was making “some progress” in reading and math. Plaintiff took the WRAT again in fifth grade. He tested at grade levels 2.4,1.9, and 3.5 in the three areas measured. [AR 354], In 1978, when plaintiff was 10 years old, a school official noted that he did not know how to write his last name. A recommendation was made for academic evaluation. [AR 358]. Plaintiffs sixth-grade teacher noted that plaintiffs school work was about fourth grade level. He had “trouble with children” and “does not follow school rules.” [AR 354], Plaintiffs testimony about his educational history and his school records do not provide substantial evidence for ignoring or rejecting his verbal IQ of 63. See Christner, 498 F.3d at 792, 794 (<HOLDING>); Markle v. Barnhart, 324 F.3d 182, 183-184, Options: A. holding that the alj erred in finding that the claimants mental retardation did not manifest itself before age 22 where the claimant attended special education classes dropped out of school in ninth grade had trouble with reading writing and math and had frequent fights with other children B. holding that completing sixth grade and a limited ability to read were not inconsistent with a valid iq score of 68 C. holding that a retiree with a sixth grade education who was given little time to review the terms had stated a claim D. holding a higher grade than the employee being searched E. holding that the record did not belie the claimants iq of 58 where he attended special education classes did not live independently and dropped out of school at a low grade either in the sixth or eighth grade

assistant: The best answer is E. holding that the record did not belie the claimants iq of 58 where he attended special education classes did not live independently and dropped out of school at a low grade either in the sixth or eighth grade
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Prior to the Discharge of Priority Lien Obligations, the Priority Lien Agent agrees that if it shall at any time hold a Priority Lien on any Collateral that can be perfected by the possession or control of such Collateral, and if such Collateral is in fact in the possession or under the control of the Priority Lien Agent, the Priority Lien Agent will serve as gratuitous bailee for (i) the Second Lien Collateral Trustee for the sole purpose of perfecting the Second Lien of the Second Lien Collateral Trustee on such Collateral and (ii) the Third Lien Collateral Trustee for the sole purpose of perfecting the Third Lien of the Third Lien Collateral Trustee on such Collateral. It is agreed that the obligations of the Priority Lien Agent and the rights of the Second Lien Collateral Trustee, the other Second Lien Secured Parties, the Third Lien Collateral Trustee and the other Third Lien Secured Parties in connection with any such bailment arrangement will be in all respects subject to the provisions of Article II . Notwithstanding anything to the contrary herein, the Priority Lien Agent will be deemed to make no representation as to the adequacy of the steps taken by it to perfect the Second Lien or Third Lien on any such Collateral and shall have no responsibility, duty, obligation or liability to the Second Lien Collateral Trustee, any other Second Lien Secured Party, the Third Lien Collateral Trustee or any other Third Lien Secured Party or any other Person for such perfection or failure to perfect, it being understood that the sole purpose of this Article is to enable the Second Lien Secured Parties to obtain a perfected Second Lien and the Third Lien Secured Parties to obtain a perfected Third Lien in such Collateral to the extent, if any, that such perfection results from the possession or control of such Collateral by the Priority Lien Agent. The Priority Lien Agent acting pursuant to this Section 5.01 (a) shall not have by reason of the Priority Lien Security Documents, the Second Lien Security Documents, the Third Lien Security Documents, this Agreement or any other document or theory, a fiduciary relationship in respect of any Priority Lien Secured Party, the Second Lien Collateral Trustee, any Second Lien Secured Party, the Third Lien Collateral Trustee or any Third Lien Secured Party. Subject to Section 4.03 , from and after the Discharge of Priority Lien Obligations, the Priority Lien Agent shall take all such actions in its power as shall reasonably be requested by the Second Lien Collateral Trustee (at the sole cost and expense of the Grantors) to transfer possession or control of such Collateral (in each case to the extent the Second Lien Collateral Trustee has a Lien on such Collateral after giving effect to any prior or concurrent releases of Liens) to the Second Lien Collateral Trustee for the benefit of all Second Lien Secured Parties.

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: of jury’s rejection of defendant’s affirmative defense). The civil legal sufficiency standard requires a two-step analysis. First, we examine the record for any evidence that supports the jury’s negative finding while ignoring all evidence to the contrary. See Smith, 355 S.W.3d at 147; Cleveland, 177 S.W.3d at 387 (citing Sterner v. Marathon Oil Co., 767 S.W.2d 686, 690 (Tex.1989)). Second, if no evidence supports the negative finding, then we examine the entire record to determine whether the evidence establishes the affirmative defense as a matter of law. Id. We must defer to the fact finder’s determination of the weight and credibility to give the testimony and , 2010 WL 4488611, at *3 (Tex.App.-San Antonio Nov. 10, 2010, pet. dism’d) (mem. op., not designated for publication) (<HOLDING>). The record satisfies the first prong of civil Options: A. holding that this instruction is appropriately given when there is both evidence of selfdefense and evidence that the defendant provoked the aggression from which he was defending himself B. holding that evidence was sufficient to prove defendant constructively possessed the gun where although defendant denied ownership of the gun it was found near a knife of which defendant claimed ownership and where defendant was aware of the presence of the gun C. holding that the victim pushing and yelling at the defendant just before the shooting was not an adequate cause to give rise to an immediate influence of sudden passion because the fight began earlier in the day D. holding that defendant was not resident of his mothers household even though his drivers license listed his mothers address and he received mail there because he expressed a belief that his residence was in a different location than his mothers home he rented and occupied his own residence and he testified that he was only living with his mother after expiration of his lease until he could find another place to live E. holding evidence that defendant went to retrieve his gun before discovering that his tires were slashed demonstrated anticipation and preparation even before he was provoked and was not sufficient to require sudden passion instruction

assistant: The best answer is E. holding evidence that defendant went to retrieve his gun before discovering that his tires were slashed demonstrated anticipation and preparation even before he was provoked and was not sufficient to require sudden passion instruction
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: Basin] operations.”. Ex. 21 to Pis.’ Schneider Decl. at 1 (April 8, 2003 letter to J.K. Towner of FWS from S. Adams of the Missouri River Natural Resources Committee (“MRNRC”), a collection of relevant wildlife agencies from both Upper and Lower Basin states on the Missouri River ); see also Ex. 20, 23-27 (letters from each of the individual agencies of the MRNRC, restating that committee’s position). Consequently, the Court concludes that Plaintiffs are likely to prove that the 2003 Supplemental BiOp is arbitrary and capricious given FWS’ failure to “satisfactorily explain” why it has abandoned the 2000 BiOp’s extensively peer-reviewed and approved requirement for implementing summer low flow no later than 2003. See National Audubon Society v. Hester, 801 F.2d 405, 408 (D.C.Cir.1986) (<HOLDING>). d. Plaintiffs Are Likely to Establish that Options: A. holding that ftc issuance of a complaint meets the apa definition of order and therefore is agency action even if not final agency action B. holding that the mere allegation of arbitrary and capricious action on defendants part absent a direct and pointed attack on the evidentiary basis of the agencys action is insufficient to warrant a judicial determination of wrongful agency action C. holding that it was not arbitrary and capricious for an agency to change course when one of its basic assumptions in earlier rulemaking was contradicted by new data D. holding that any alteration to agency action can be held arbitrary and capricious if the agency does not satisfactorily explain its reason for the alteration E. holding that the power of any administrative agency to reconsider its final decision exists only where the statutory provisions creating the agency indicate a legislative intent to permit the agency to carry into effect such power

assistant: The best answer is D. holding that any alteration to agency action can be held arbitrary and capricious if the agency does not satisfactorily explain its reason for the alteration
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: Executone Info. Sys., Inc. v. Davis, 26 F.3d 1314, 1320 (5th Cir.1994))). 17 . See Executone, 26 F.3d at 1320 ("We must sustain an arbitration award even if we disagree with the arbitrator’s interpretation of the underlying contract as long as the arbitrator’s decision 'draws its essence' from the contract.” (internal quotation marks and citation omitted)). 18 . See also Parsons & Whittemore, 744 F.2d at 1483-84 (recounting that the arbitration panel awarded postjudgment interest at state statutory rate). 19 . We construe the parties’ intentions "generously” to determine whether they agreed to arbitrate a particular issue. See Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 626, 105 S.Ct. 3346, 87 L.Ed.2d 444 (1985). 20 . Cf. Newmont, 615 F.3d at 1272, 1276 (<HOLDING>). 21 . Riebesell, 586 F.3d at 794; Options: A. holding that court should consider issues relating to making and performance of agreement to arbitrate B. holding that because the parties agreed to arbitrate and both placed the issue before the arbitrator the issue of consolidation was for the arbitrator C. holding that because the parties agreed to arbitrate the particular issue any doubt about who should decide the consolidation issue was resolved in favor of the arbitrator D. holding that companys contention that union repudiated the agreement to arbitrate a particular dispute was a matter for the arbitrator and not the court to decide E. holding that agreement to arbitrate any dispute arising out of contract authorized arbitrator to decide postjudgment interest issues

assistant: The best answer is E. holding that agreement to arbitrate any dispute arising out of contract authorized arbitrator to decide postjudgment interest issues
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: ... [is] generic.”) (quotation omitted, alterations in original); In re Northland, Aluminum Prods., Inc., 777 F.2d 1556, 1558 (Fed.Cir.1985) (because Bundt is generic term, proffered evidence of secondary meaning irrelevant). A party asserting unregistered trademark rights bears the heavy burden of establishing those rights. Ale House Mgmt., Inc. v. Raleigh Ale House Inc., 205 F.3d 137, 140 (4th Cir.2000) (affirming summary judgment that “ale house” for food and drink establishment is generic). 1. Resolution of Genericness Through Summary Judgment Schwan’s looks to the Fifth Circuit for the proposition that genericness is an issue that may not be resolved in summary judgment. See Soc’y of Fin. Exam’rs v. Nat’l Ass’n of Certified Fraud Exam’rs, Inc., 41 F.3d 223, 225 (5th Cir.1995) (<HOLDING>). But the Eighth Circuit has held that a mark Options: A. holding summary judgment improper where generic status and likelihoodofconfusion are factintensive inquiries that cannot be conducted properly without a trial B. holding that unauthenticated documents cannot be considered at summary judgment C. holding because trial court fully considered plaintiffs response to summary judgment motion failure to render summary judgment without notice or hearing harmless thus trial court was not required to vacate the summary judgment and then reinstate it to accomplish the same end D. holding that motion to dismiss cannot be treated as summary judgment E. holding that pleadings cannot be regarded as summary judgment evidence

assistant: The best answer is A. holding summary judgment improper where generic status and likelihoodofconfusion are factintensive inquiries that cannot be conducted properly without a trial
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: Labor v. Unemployment Ins. Appeal Bd., Del.Super., 297 A.2d 412 (1972). 8 . See Janaman v. New Castle County Bd. of Adjustment, Del.Super., 364 A.2d 1241 (1976); see also Mellow v. Board of Adjustment, Del.Super., 565 A.2d 947, 954 (1988), aff'd, 236 N.J.Super. 227, 565 A.2d 422 (1989). 9 . Mellow, 565 A.2d at 947. 10 . See Mettler v. Board of Adjustment, Del.Super., C.A. No. 91A-02-3-1-AP, Gebelein, L, 1991 WL 190488 (Aug. 21, 1991). 11 . See Johnson v. Chrysler Corp., Del.Supr., 213 A.2d 64, 66-67(1965). 12 . See Petrucelli v. New Castle County Bd. of Adjustment, Del.Super., C.A.. No. 97A-02-009, Quillen, J., 1997 WL 817891 (Dec. 2, 1997) (Let. Op. and Order). 13 . SeeDEp'TDEC. ofAug. 12, 1996. (Emphasis added). 14 . See Shellbume, Inc. v. Roberts, Del.Supr., 224 A.2d 250, 254 (1966) (<HOLDING>). 15 . The doctrine states that where a law Options: A. holding the acquisition of vested rights requires the issuance of a permit and some substantial expenditure obligation or change in relation to the land B. recognizing a presumption that the issuance of a permit by the state engineer allowing recognized irrigation water rights to be shifted to other users works as severance of those water rights from the land C. holding that the power to produce a change in a given legal relation may exist irrespective of the consent or knowledge either of the one subject to it or of the one holding it D. holding that one million dollars in expenditures and a valid building permit did not create vested right in previous zoning classification of the land at issue E. recognizing that conditions placed on the issuance of a permit do not necessarily diminish or eliminate the definitiveness of the order approving the permit

assistant: The best answer is A. holding the acquisition of vested rights requires the issuance of a permit and some substantial expenditure obligation or change in relation to the land
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 capital stock of the Company, and shares issued and outstanding, is as set forth in the Company’s most recent periodic report filed with the SEC. Except as disclosed in the SEC Documents, no shares are reserved for issuance pursuant to the Company’s stock option plans, no shares are reserved for issuance pursuant to securities (other than the Note) exercisable for, or convertible into or exchangeable for shares of Common Stock and 3,402,778 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. No shares of capital stock of the Company are subject to preemptive rights or any other similar rights of the shareholders of the Company or any liens or encumbrances imposed through the actions or failure to act of the Company. Except as disclosed in the SEC Documents (as defined below), as of the effective date of this Agreement, (i) there are no outstanding options, warrants, scrip, rights to subscribe for, puts, calls, rights of first refusal, agreements, understandings, claims or other commitments or rights of any character whatsoever relating to, or securities or rights convertible into or exchangeable for any shares of capital stock of the Company or any of its Subsidiaries, or arrangements by which the Company or any of its Subsidiaries is or may become bound to issue additional shares of capital stock of the Company or any of its Subsidiaries, (ii) there are no agreements or arrangements under which the Company or any of its Subsidiaries is obligated to register the sale of any of its or their securities under the 1933 Act and (iii) there are no anti-dilution or price adjustment provisions contained in any security issued by the Company (or in any agreement providing rights to security holders) that will be triggered by the issuance of the Note, Returnable Shares, or the Conversion Shares. The Company has filed in its SEC Documents true and correct copies of the Company’s Certificate of Incorporation as in effect on the date hereof (“Certificate of Incorporation”), the Company’s By-laws, as in effect on the date hereof (the “By-laws”), and the terms of all securities convertible into or exercisable for Common Stock of the Company and the material rights of the holders thereof in respect thereto. The Company shall provide the Buyer with a written update of this representation signed by the Company’s Chief Executive on behalf of the Company as of the Closing Date.

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: Consultant will disclose all Work Products described in paragraph 4.3 to Company, promptly and in writing. At Company's request and at Company's expense, Consultant will assist Company or its designee in efforts to protect such Work Products. Such assistance may include, but is not necessarily limited to, the following: (a) making application in the United States and in foreign countries for a patent or copyright on any Work Products specified by Company; (b) executing documents of assignment to Company or its designee of all Consultant's right, title and interest in and to any Work Product and related Intellectual Property Rights; and (c) taking such additional action (including, but not limited to, the execution and delivery of documents) to perfect, evidence or vest in Company or its designee all rights, title and interest in and to any Work Product and any related Intellectual Property Right.

assistant: Disclosures
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: Provided there is an Outstanding Balance, on each Installment Date (as defined below), Borrower shall pay to Lender an amount equal to the Installment Amount due on such Installment Date in accordance with Section 8 . All payments owing hereunder shall be in lawful money of the United States of America or Conversion Shares (as defined below), as provided for herein, and delivered to Lender at the address furnished to Borrower for that purpose. All payments shall be applied first to (a) costs of collection, if any, then to (b) fees and charges, if any, then to (c) accrued and unpaid interest, and thereafter, to (d) principal. Notwithstanding the foregoing, Borrower shall have the right to prepay the Outstanding Balance of this Note, in full, in accordance with this Section 1 . Early payments of less than all of the Outstanding Balance will not, unless agreed to by Lender in writing, relieve Borrower of any of Borrower's obligations hereunder. If Borrower elects to prepay all or any portion of the Conversion Eligible Outstanding Balance, Borrower shall make payment to Lender of an amount in cash equal to 125% (the " Prepayment Premium ") multiplied by the portion of the Conversion Eligible Outstanding Balance Borrower elects to prepay. For the avoidance of doubt, Borrower shall not be required to pay the Prepayment Premium for any portion of the Outstanding Balance it elects to prepay that is not part of the Conversion Eligible Outstanding Balance.

assistant: Payments