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: delegated responsibility for servicing the mortgages at issue by its parent and affiliates in the corporate enterprise. Id. at *3. Miller likewise claimed that Chase used this responsibility to engage in mortgage servicing fraud, “upstreamed” the income from this activity to the corporate group enterprise, and that the corporate group raised capital based on financial statements reporting this income. Id. This adequately pled Chase’s direction over the enterprise: “Chase is clearly a lower-rung participant in the alleged corporate scheme that includes it, and it directs the affairs of its parents and affiliates by determining how much to demand in escrow payments on the mortgages it services.” Id.; see also Goss v. Alliance Mortgage Co., 1997 WL 119918, at *2 (N.D.Ill. Mar.14, 1997) (<HOLDING>). Norwest similarly directs the NC corporate Options: A. holding that subsidiaryperson directed enterprises affairs by using its delegated authority over the parents mortgage servicing business to fraudulently hold excessive escrow payments B. holding that chevron deference is due only when the agency acts pursuant to delegated authority C. holding that interest payments on escrow accounts are not a settlement practice under re spa because they can continue long after the closing of the mortgage transaction and which can continue to occur during the entire life of the mortgage D. holding that claims for negligent mortgage servicing are not legally cognizable under alabama law E. holding that the lower court failed to account for payments made in connection with the marital home including mortgage payments

assistant: The best answer is A. holding that subsidiaryperson directed enterprises affairs by using its delegated authority over the parents mortgage servicing business to fraudulently hold excessive escrow payments
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Co., 528 F.2d 423, 425 (4th Cir.1975). Determining whether there has been a true meeting of the minds is ultimately resolved by looking to the parties’ intent, as objectively manifested. See Snyder-Falkinham, 457 S.E.2d at 39. Once a party objectively manifests its intention to compromise and then “acts affirmatively to enter into such settlement, [that party’s] second thoughts at a later time upon the wisdom of the settlement do not constitute good cause for setting it aside.” Id. at 41. Thus, it is well-established in Virginia that compromise and settlement of a suit or disputed claim is binding unless it is shown that it was the result of fraud, mistake, or undue advantage. See, e.g., Metrocall of Delaware, Inc. v. Continental Cellular Corp., 246 Va. 365, 437 S.E.2d 189, 193 (1993) (<HOLDING>); Seaboard Ice Co. v. Lee, 199 Va. 243, 99 Options: A. holding that an oral compromise and release agreement was unenforceable where there was no written stipulation between the parties B. holding that as a matter of law where the procurement decision was rational a reviewing court may not award injunctive relief despite the presence of procedural irregularities in the procurement process C. holding that the definition of procurement under the tucker act is broader than the definition of procurement contract in the fgcaa such that an agency can engage in a procurement process for the purposes of the tucker act even though it is using a cooperative agreement instead of a procurement contract to memorialize the parties agreement D. holding that a written mutual release memorializing a compromise and settlement may be rescinded for fraud in its procurement E. holding that without a valid reason for cancelling the procurement the government violated its duty to conduct a fair procurement

assistant: The best answer is D. holding that a written mutual release memorializing a compromise and settlement may be rescinded for fraud in its procurement
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: are certain, or substantially certain, to result from his conduct, the debtor is treated as if he had, in fact, desired to produce those consequences” (internal citations omitted)); In re Ormsby, 591 F.3d 1199, 1206 (9th Cir.2010) (requiring creditor to show that “debtor believes that injury is substantially certain to result from his own conduct”); In re Englehart, 229 F.3d 1163 (10th Cir.2000) (applying the subjective standard, and rejecting the objective standard as “at odds with the considerations discussed [in Geiger ]” (internal citations omitted)), with In re Shcolnik, 670 F.3d 624, 630 (5th Cir.2012) (finding willfulness where creditor showed an “objective substantial certainty of harm” (internal citations omitted)); see also In re Kane, 755 F.3d 1285, 1293 (11th Cir.2014) (<HOLDING>). In a recent Seventh Circuit opinion, Judge Options: A. recognizing split B. recognizing the circuit split and applying the subjective standard as more stringent without deciding which standard applies C. recognizing that the federal pleading standard is a less stringent standard than the delaware pleading standard D. holding that congress intended to adopt a standard more stringent than the prepslra second circuit standard E. recognizing circuit split

assistant: The best answer is B. recognizing the circuit split and applying the subjective standard as more stringent without deciding which standard applies
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 Key Person shall be responsible for taxes due upon the settlement of any RSU granted hereunder and upon any later transfer by the Key Person of any Share received upon the settlement of an RSU; provided that, unless the Committee determines otherwise, the Company shall withhold Shares otherwise deliverable to the Key Person as a result of the vesting and settlement of the RSUs to cover all taxes due for those RSUs.

assistant: Taxes
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: reveals that Gerald neither checked the retaliation box nor presented any information that could reasonably be expected to lead the EEOC to investigate a retaliation claim. Because Gerald did not exhaust his administrative remedies for his retaliation claim, the Court has no subject-matter jurisdiction over it. The Court therefore dismisses Gerald’s retaliation claim without prejudice. See Echols v. Today’s Staffing, 35 Fed.Appx. 776, 777 (10th Cir.2002)(affirming dismissal of race discrimination claim where EEOC charge provided no suggestion of a racial discrimination theory). II. GERALD FAILS TO ADEQUATELY PLEAD A HOSTILE WORK ENVIRONMENT CLAIM. Gerald fails to allege facts that, taken as true, plausibly allege a hostile work environment. See Robbins v. Okla homo, 519 F.3d at 1247-48 (<HOLDING>). See also Messina v. Kroblin Transp. Sys., Options: A. holding that a complaint must contain enough facts to state a claim to relief that is plausible on its face B. holding that allegations in a complaint must be enough that if assumed to be true the plaintiff plausibly not just speculatively has a claim for relief C. holding that a complaint must contain only enough facts to state a claim to relief that is plausible on its face D. recognizing that the allegations of the complaint must be accepted as true on a threshold motion to dismiss E. holding that a court may dismiss a claim under 12b6 only if it appears to a certainty that no relief can be granted under any set of facts provable in support of its allegations or if the allegations accepted as true do not present a claim upon which relief legally can be obtained

assistant: The best answer is B. holding that allegations in a complaint must be enough that if assumed to be true the plaintiff plausibly not just speculatively has a claim for relief
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: (i) Maintain, preserve and protect all of its material Property and equipment necessary in the operation of its business in good working order and condition, ordinary wear and tear excepted; (ii) make all necessary repairs thereto and renewals and replacements thereof except where the failure to do so could not reasonably be expected to have a Material Adverse Effect; (iii) use the standard of care typical in the industry in the operation and maintenance of its facilities; and (iv) keep the Borrowing Base Properties in good order, repair, operating condition, and appearance, causing all necessary repairs, renewals, replacements, additions, and improvements to be promptly made, and not allow any of the Borrowing Base Properties to be misused, abused or wasted or to deteriorate (ordinary wear and tear excepted).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: You hereby consent and agree that state courts located in Montgomery County, Texas and the United States District Court for the Southern District of Texas each shall have personal jurisdiction and proper venue with respect to any dispute between you and the Company arising in connection with the Cash-Settled Restricted Stock Units, these Terms and Conditions, or the Agreement. In any dispute with the Company, you will not raise, and you hereby expressly waive, any objection or defense to such jurisdiction as an inconvenient forum.

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 case excerpt and choose the best holding from the options. Case excerpt: have concluded that the bank customer’s failure to prompdy discover and report a forgery or unauthorized transaction after it has occurred may also constitute negligence under U.C.C. § 3-406, even though such negligence does not directly contribute to the making of a forgery or an alteration. The rationale generally appears to be that such failure to report contributes to the making of subsequent forgeries. See, e.g., Fundacion Museo de Arte Contemporaneo de Caracas — Sofia Imber v. CBI-TDB Union Bancaire Privee, 996 F. Supp. 277 (S.D. N.Y. 1998) (noting that customer’s negligence in maintaining and controlling blank checks along with failure to advise bank of the first forgery substantially contributed to the loss); Kramer v. Chase Manhattan Bank, N.A., 653 N.Y.S.2d 546 (1997) (<HOLDING>); Gulf States Section, PGA, Inc. v. Whitney Options: A. holding as a general rule that a bank and its customers do not have a special or confidential relationship B. holding that a bank should not be held responsible for losses caused by a customers failure to safeguard his or her atm card and pin and to timely examine statements C. holding that bank customers whose personal information was stolen from a company that had been retained by the bank did not suffer any present injury or reasonably certain future injury D. holding that the national bank act preempts state regulation of the posting order of debit card transactions as well as any obligation to make specific affirmative disclosures to bank customers E. holding that bank had right to set off funds in a customers account against debt that the bank customer had incurred as a surety or guarantor

assistant: The best answer is B. holding that a bank should not be held responsible for losses caused by a customers failure to safeguard his or her atm card and pin and to timely examine statements
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: There is no action, suit, proceeding or investigation pending or, to the Knowledge of the Company, threatened against, nor any outstanding judgment, order or decree against, the Company or any of its Subsidiaries before or by any Governmental Entity which in the aggregate have, or if adversely determined, would reasonably be expected to have, a liability in excess of $500,000, or which challenges the validity of any of the Transaction Documents or the right of the Company to enter into any of the Transaction Documents or to consummate the transactions contemplated hereby and thereby.

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: used; he just had a different opinion. And comparable sales are just that; they are not required to be identical. Estate of Sharboneau, 48 S.W.3d at 182 (under comparable sales analysis, appraiser finds data for sales of similar property, makes upward or downward adjustments to sales prices based on differences in subject property); Harris County Appraisal Dist. v. Kempwood Plaza Ltd., 186 S.W.3d 155, 159 (Tex.App.-Houston [1st Dist.] 2006, no pet.) (discussing comparable sales method). Moreover, whether an expert’s appraisal is- based on non-comparable sales is an issue for the trial court when determining admissibility of the expert’s opinion concerning the market value of the property. See City of Garland v. Joyce, 462 S.W.2d 86, 88 (Tex.Civ.App.-Waco, 1970, writ ref'd n.r.e.) (<HOLDING>). And here, MISD does not complain about the Options: A. holding that the fact that defendants sales in forum were less than 5 percent of its total sales volume was irrelevant so long as its sales were part of a regular course of dealing and were not isolated or exceptional events B. holding that exercising general jurisdiction over defendant was improper where its actual sales in florida were a small percentage of the total sales and therefore these sales were de minimis C. holding opinion testimony of sales should have been excluded because opinion not based on comparable sales D. recognizing that an advisory opinion is one that offers an opinion on a moot issue E. holding that sales made to contractor who builds roads for the state are not sales to the state and therefore are not exempt

assistant: The best answer is C. holding opinion testimony of sales should have been excluded because opinion not based on comparable sales
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party agrees that irreparable damage may occur in the event any provision of this Agreement was not performed in accordance with the terms hereof and that the parties and, in accordance with Section 12 , each Investor, shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity.

assistant: Specific Performance
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 conflict between the terms of this Amendment and the terms of the Original Lease, or the terms of the Adjacent Lease, the terms of this Amendment shall control. This Amendment is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior contemporaneous oral and written agreements and discussions with respect to the subject matter hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and the facts the evidence can support. We review judgments n.o.v. de novo. We must view the evidence in the light most favorable to Dr. Boczar; and if the evidence substantially supports the jury’s verdict, we must reverse the JNOV. Watts v. Great Atlantic and Pacific Tea Co., 842 F.2d 307, 309-311 (11th Cir.1988). 2. Evidence in Support of the Verdict a. Evidence of Conspiracy to Restrain Trade Dr. Boczar presented sufficient evidence that the hospital conspired with others to restrain her practice of medicine. We have said that plaintiff physicians may properly rely on circumstantial evidence — “evidence of irrational conduct that would create an inference of conspiracy” — to prove a Sherman Act conspiracy claim. See Bolt v. Halifax Hosp. Med. Ctr., 891 F.2d 810, 819 (11th Cir.1990) (<HOLDING>). Viewed in the light most favorable to her, Options: A. holding that hospitals may be found liable for conspiring with members of medical staff and that evidence of pretextual sham peer review proceedings presented jury question whether hospitals conspired with peer review committees in violation of sherman act B. recognizing confidentiality essential to function of medical peer review committees and to improvement of health care and protecting the records of such committees from discovery C. holding that physicians claim against peer review committee satisfied the interstate commerce jurisdictional requirements of the sherman act D. holding that the state privilege should not apply when the peer review records sought directly related to the allegations challenging the peer review process E. holding that a hospitals bylaws are an integral part of its contractual relationship with the members of its medical staff

assistant: The best answer is A. holding that hospitals may be found liable for conspiring with members of medical staff and that evidence of pretextual sham peer review proceedings presented jury question whether hospitals conspired with peer review committees in violation of sherman 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 case excerpt and choose the best holding from the options. Case excerpt: decisions.” 73A C.J.S., Public Administrative Law and Procedure § 342 (2004). For the foregoing reasons, we conclude that our rules do authorize those who are parties to administrative rule-making proceedings to participate as parties to an appeal under the circumstances set forth in this case. {32} Respondents argue, without authority, that the term “parties” in Rule 12-601(B) applies only to an agency’s adjudicatory proceedings, not to rule making. We disagree. Rule 12-601(B) is not specific to adjudications; it includes “decisions” and “actions” of administrative agencies, each of which adequately describe administrative rule making. See Wylie Bros. Contracting Co. v. Albuquerque-Bernalillo Cnty. Air Quality Control Bd., 80 N.M. 633, 639, 459 P.2d 159, 165 (Ct. App. 1969) (<HOLDING>). This Court has never crafted a separate rule Options: A. recognizing that the declaratory judgment act is only procedural and does not create substantive rights internal quotation marks and citations omitted B. holding that such reports fell within the core class of testimonial statements described in this courts leading confrontation clause decisions internal quotation marks and citation omitted C. holding that the decisions of administrative agencies of the state described by article vi section 29 of the constitution of new mexico include regulations adopted by a board emphasis added internal quotation marks and citations omitted D. holding that competency is appropriately defined as the mental capacity to understand the nature of the death penalty and why it was imposed upon the convict emphasis added internal quotation marks omitted E. holding that our standard of review for decisions of the health care authority board predecessor to the division is very narrow and that we will not disturb the boards statutory interpretations absent a compelling indication of error internal quotation marks and citations omitted

assistant: The best answer is C. holding that the decisions of administrative agencies of the state described by article vi section 29 of the constitution of new mexico include regulations adopted by a board emphasis added internal quotation marks and citations omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Major Funding Corp., 109 F.3d 219, 224 (5th Cir.1997) (discussing the duties under Code § 1103); In re Lowry Graphics, Inc., 86 B.R. 74, 76 (Bankr.S.D.Tex.1988) (discussing duties under Code § 1106); In re Schepps Food Stores, Inc., 160 B.R. 792, 797 (Bankr.S.D.Tex.1993) (discussing duties under Code §§ 1106, 1107, and 1108). 80 . The court of course recognizes that for a committee, for example, the interests of its constituents, to which it owes its primary duties, may not always be perfectly congruent with what is best for the estate. Likewise, as has certainly been true in the case at bar, estates of debtors controlled by the same management may have divergent interests. These problems need not be addressed, however, in the present context. 81 . See Nucentrix, 314 B.R. at 578 (<HOLDING>). 82 . Prior to BAPCPA, the section was Options: A. holding that a professional may petition a bankruptcy court for a fee enhancement or bonus if its work has been of superior qualily B. holding that a professional owes no duty to third persons unless the professional had actual knowledge that those persons would rely on his rendering of professional services C. holding that the bankruptcy court has the inherent power to award sanctions for badfaith conduct in a bankruptcy court proceeding D. holding that where a contract for legal services fails to expressly provide for the amount of the fee a reasonable fee is implied E. holding that petitioner had failed to exhaust alternative remedies for review of his fee agreement because the ssa notified petitioner he could obtain his fee by filing a fee petition

assistant: The best answer is A. holding that a professional may petition a bankruptcy court for a fee enhancement or bonus if its work has been of superior qualily
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 provisions of Section 7, Section 8 and Section 9, and all related enforcement provisions, shall survive any termination of this Agreement and remain applicable according to their terms (whether under Section 6 or as a result of the expiration of the Term). Section 7(f) shall survive a Change of Control regardless of whether this Agreement is terminated in connection with a Change of Control or expires by its terms following a Change of Control. In the event of a conflict between the terms of this Agreement and any Incentive Equity documentation, the terms of this Agreement regarding the Incentive Equity shall prevail.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (1981); W. Page Keeton, Pros-ser and Keeton on the Law of Torts § 128, at 972 (5th ed.1984). [¶ 27] Although Brown, 2011 SD 21, ¶ 39, 798 N.W.2d 422, suggests attorney fees through appeal may be appropriate for slander of title under Restatement (Second) of Torts § 633(l)(b), we have found no cases, and the parties have cited none, explicitly addressing the propriety of awarding attorney fees on appeal in a quiet title action involving slander of title under a statutory provision comparable to N.D.C.C. § 49-19.1-09. In another context, however, this Court has decided statutory provisions authorizing an award of attorney fees to a prevailing party entitle that party to attorney fees in successfully defending a judgment on appeal. Troutman v. Pierce, Inc., 402 N.W.2d 920, 925 (N.D.1987) (<HOLDING>). [¶ 28] The plain language of N.D.C.C. § Options: A. holding that a summary judgment was final and appealable even though a request for attorney fees and expenses pursuant to the alaa remained pending because any award of attorney fees is collateral to the judgment B. holding that offer of judgment statute does not provide a basis for an award of attorney fees and costs unless dismissal is with prejudice C. holding that prevailing plaintiffs and prevailing defendants seeking attorney fees are to be treated alike D. holding a prevailing consumers attorneyfee award under the magnusonmoss act at the trial level should not be dissipated by uncompensated costs expenses and attorney fees in successfully defending a judgment on appeal E. holding parties agreement provided clear contractual justification for the award of costs and expenses including attorneys fees to the prevailing party

assistant: The best answer is D. holding a prevailing consumers attorneyfee award under the magnusonmoss act at the trial level should not be dissipated by uncompensated costs expenses and attorney fees in successfully defending a judgment on appeal
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 corporate action required to be taken by the Company’s Board of Directors and stockholders in order to authorize the Company to enter into the Transaction Agreements, and to issue the Shares, as applicable, at the Closing, and to issue the Common Stock issuable upon conversion of the Shares, has been taken or will be taken prior to the Closing. All action on the part of the officers of the Company necessary for the execution and delivery of the Transaction Agreements, the performance of all obligations of the Company under the Transaction Agreements to be performed as of the Closing, and the issuance and delivery of the Shares has been taken or will be taken prior to the Closing. The Transaction Agreements, when executed and delivered by the Company, shall constitute valid and legally binding obligations of the Company, enforceable against the Company in accordance with their respective terms except (i) as limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance, or other laws of general application relating to or affecting the enforcement of creditors’ rights generally, (ii) as limited by laws relating to the availability of specific performance, injunctive relief, or other equitable remedies, or (iii) to the extent indemnification provisions contained in the Transaction Agreements may be limited by applicable federal or state securities laws.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, together with any other agreements entered into on the date hereof between the Limited Partner and the Partnership or its Affiliates, contains the entire agreement and understanding among the parties as to the subject matter hereof and supersedes and replaces any prior oral or written agreements between the Limited Partner and the Partnership or its Affiliates, including the Consulting Agreement and the offer letter dated June 1, 2016 from the Operating Partnerships and agreed and acknowledged by the Limited Partner.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Lease may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same document. This Lease constitutes the entire agreement between the parties hereto, Landlord’s managing agent and their respective affiliates with respect to the subject matter hereof and thereof and supersedes all prior dealings between them with respect to such subject matter, and there are no verbal or collateral understandings, agreements, representations or warranties not expressly set forth in this Lease. No subsequent alteration, amendment, change or addition to this Lease shall be binding upon Landlord or Tenant, unless reduced to writing and signed by the party or parties to be charged therewith.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: As an initial matter, the Court agrees that the language of the claim plainly describes the combination of TDF and FTC as a co-formulation, rather than a product for co-administration. It would be nonsensical to interpret the claim otherwise, for why would the claim describe the combination of TDF and FTC with a binder, lubricant, and disintegrant were it only discussing two separate products for co-administration? ('397 patent, col. 32:4-13). Similarly, why would the inventors care so much about degradation between the active pharmaceutical ingredients in TDF and FTC were they simply together in the same package, rather than in the same fixed dose formulation? ('264 patent, col. 30:46-52). See Phillips, 415 F.3d at 1314 (citing Brown v. 3M, 265 F.3d 1349, 1352 (Fed.Cir.2001) (<HOLDING>)). That being said, the claims themselves fail Options: A. recognizing that the court must give meaning to all the words in the claims B. recognizing that claim meaning will sometimes be readily apparent even to lay judges and that claim construction in such cases involves little more than the application of the widely accepted meaning of commonly understood words C. recognizing that we must give meaning to all the words in the claims D. holding that a statute is not vague where the words themselves possess a common and generally accepted meaning E. holding that proximate cause is legal concept with particular meaning in law and is not in category of words or phrases commonly known and understood by lay public thus it was error not to give instruction defining it

assistant: The best answer is B. recognizing that claim meaning will sometimes be readily apparent even to lay judges and that claim construction in such cases involves little more than the application of the widely accepted meaning of commonly understood words
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 notices, requests, demands or other communications required or permitted to be given pursuant to this Agreement shall be in writing and given by (i) personal delivery, (ii) expedited delivery service with proof of delivery, or (iii) United States mail, postage prepaid, registered or certified mail, return receipt requested, sent to the intended addressee at the address set forth on the first page hereof or to such different address as the addressee shall have designated by written notice sent pursuant to the terms hereof and shall be deemed to have been received either, in the case of personal delivery, at the time of personal delivery, in the case of expedited delivery service, as of the date of first attempted delivery at the address and in the manner provided herein, or in the case of mail, upon deposit in a depository receptacle under the care and custody of the United States Postal Service. Either party shall have the right to change its address for notice hereunder to any other location within the continental United States by notice to the other party of such new address at least thirty (30) days prior to the effective date of such new address.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: no agency , partnership , joint venture , or employment is created as a result of this agreement and subscriber does not have any authority of any kind to bind 9gag , inc in any respect whatsoever .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In connection with this Amendment and all the transactions contemplated by this Amendment, each Party agrees to execute and deliver such additional documents and instruments as may be required and to perform such other additional acts as may be necessary or appropriate to effectuate, carry out, and perform all of the terms and provisions of this Amendment.IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first written above.

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: facto justifications that, at a minimum, raise a genuine issue of material fact that defendant’s methodology for evaluating its employees was indeed biased against plaintiff. Accordingly, plaintiff has established a genuine issue of material fact that defendant’s articulated reasons for failing to promote and for terminating plaintiff are pretex-tual. Additionally, as stated earlier, plaintiff has established a genuine issue of material fact concerning the inference that can be drawn regarding whether she was fired based on her age and gender. As is well-established, the same facts may be relied upon to prove both a prima facie case of discrimination as well as to prove such discrimination by a prepondera d.2d 539 (1994); DeMarco v. Holy Cross High Sch., 4 F.3d 166, 170 (2d Cir.1993) (<HOLDING>) Plaintiff has raised sufficient genuine issues Options: A. holding defendants proffer of a false reason for employment action sufficient basis for trier of fact to find that such action was motivated by an improper discriminatory intent B. holding that issues of discriminatory intent and actual motivation are questions of fact for the trier of fact C. holding that plaintiff can show pretext by demonstrating that an employers proffered reason for an adverse employment action has no basis in fact D. holding that circumstantial evidence that the stated reason for an adverse employment action was false can be evidence of causation in a whistleblower cause of action E. holding that a reasonable trier of fact could find that the defendants acted with malice

assistant: The best answer is A. holding defendants proffer of a false reason for employment action sufficient basis for trier of fact to find that such action was motivated by an improper discriminatory intent
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 execution, delivery and performance by the Company of this Agreement and the other Loan Documents to which it is a party, the issuance and sale of the Securities and the consummation by it of the transactions contemplated hereby and thereby do not and will not: (i) conflict with or violate any provision of the Company’s articles of incorporation or bylaws, (ii) conflict with, or constitute a default (or an event that with notice or lapse of time or both would become a default) under, result in the creation of any lien upon any of the properties or assets of the Company, or give to others any rights of termination, amendment, acceleration or cancellation (with or without notice, lapse of time or both) of, any agreement, credit facility, debt or other instrument (evidencing a Company debt or otherwise) or other understanding to which the Company is a party or by which any property or asset of the Company is bound or affected, or (iii) to the Company’s knowledge, conflict with or result in a violation of any law, rule, regulation, order, judgment, injunction, decree or other restriction of any court or governmental authority to which the Company is subject (including federal and state securities laws and regulations), or by which any property or asset of the Company is bound or affected; except in the case of each of clauses (ii) and (iii), such as could not have or reasonably be expected to result in a Material Adverse Effect.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: skyscanner has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of the skyscanner services and/or skyscanner platforms ( including , without limitation , any travel provider ) .

assistant: Limitation of liability
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: after a hearing on the motion to compel arbitration. Oliveira cited just two sources from the time of adoption. In a subsequent supplemental surreply, New Prime declined to address the ordinary-meaning issue head-on, instead only reiterating that the matter was for the arbitrator. The district court’s order reflects this dearth of briefing. Rather than directly addressing the less-than-robust argument Oliveira raised in his supplemental brief, the court noted the extensive contrary case law and permitted discovery to resolve the case. See Oliveira, 141 F.Supp.3d at 130-31, 135. When the ordinary-meaning issue reached this court, the record accordingly provided little guidance. See United States v. Clark, 445 U.S. 23, 38, 100 S.Ct. 895, 63 L.Ed.2d 171 (1980) (Rehnquist, J., dissenting) (<HOLDING>); Cape Elizabeth Sch. Dist., 832 F.3d at 84-85 Options: A. holding that the lower court had inappropriately granted relief based on the existence of a possible conflict and explaining an actual conflict is required B. recognizing courts duty to reconcile opinions from the georgia supreme court C. recognizing that the opinions issued by inter alia the intermediate appellate and trial courts of sister signatories corroborated the supreme courts understanding of article 17 and were therefore entitled to some degree of consideration D. holding that we are bound by prior panel opinions until they are overruled or abrogated by the supreme court or this court sitting en banc E. recognizing usefulness of lower court opinions

assistant: The best answer is E. recognizing usefulness of lower court opinions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: we have completed our review, the pending motion for a stay of removal in this petition is DISMISSED as moot. 1 . Wang argues that the addendum he submitted to the IJ on the day of his merits hearing contains information regarding his two arrests in China, and that the discrepancy relied upon by the agency is, therefore, non-existent. We find this argument unavailing because the IJ properly exercised her discretion in refusing to admit the addendum into evidence, as its submission was untimely and Wang offered no reason, much less a good one, for its lateness. Cf. Dedji v. Mukasey, 525 F.3d 187, 192-93 (2d Cir.2008). Moreover, the IJ reasonably found that the addendum served only to further undermine Wang's credibility. See Xu Duan Dong v. Ashcroft, 406 F.3d 110, 111-12 (2d Cir.2005) Options: A. holding that ij properly based adverse credibility finding on omission in asylum application where omitted fact went to the heart of the asylum claim citation omitted B. holding that issue raised in conclusion of brief but omitted from statement of issues and body of brief was not preserved C. holding that where petitioner eventually alleged in a brief affidavit supplementing his asylum application a previously omitted material fact such a delay strains credulity ellipses omitted D. holding that jurisdiction was lacking to review an ijs determination that an asylum application was untimely when that determination was based on the fact that the petitioner offered no evidence other than his own testimony regarding his date of entry E. holding that petitioner abandoned issues and claims not sufficiently raised in his brief

assistant: The best answer is C. holding that where petitioner eventually alleged in a brief affidavit supplementing his asylum application a previously omitted material fact such a delay strains credulity ellipses omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices and other communications required or permitted hereunder shall be in writing, shall be effective when given, and shall in any event be deemed to be given upon receipt or, if earlier, (a) three (3) days after deposit with the U.S. Postal Service or other applicable postal service, if delivered by first class mail, postage prepaid, (b) upon delivery, if delivered by hand or transmitted via facsimile (confirmed by letter sent by first class mail, postage prepaid with the U.S. Postal Service), or (c) one (1) business day after the business day of deposit with an international overnight express courier, freight prepaid and shall be addressed (i) if to the Company, at the address set forth below, (ii) if to the Purchaser’s Agent, at the address set forth below (iii) if to a Purchaser, at such Purchaser’s address set forth on Exhibit A, or (iv) at such other address as any party may designate by no less than ten days’ advance written notice to the other parties pursuant to the provisions above.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No waiver by Buyer or Seller of a breach of any of the terms, covenants and conditions of this Agreement by the other shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant or condition contained in this Agreement. No waiver of any default by Buyer or Seller hereunder shall be implied from any omission by the other to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect a default other than as specified in such waiver.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Company and its Subsidiaries owns, or is licensed to use, all trademarks, tradenames, service marks, copyrights, technology, know-how and processes necessary for the conduct of its business as currently conducted (the “ Intellectual Property ”) except for those the failure to own or license which could not be reasonably be expected to have a Material Adverse Effect. No claim has been asserted and is pending by any Person challenging or questioning the use by the Company or any of its Subsidiaries of any such Intellectual Property or the validity or effectiveness of any such Intellectual Property, nor does the Company or any of its Subsidiaries know of any valid basis for any such claim except as could not reasonably be expected to have a Material Adverse Effect. To the knowledge of the Company, the use of such Intellectual Property by the Company and each of its Subsidiaries does not infringe on the rights of any Person, and, to the knowledge of the Company, no such Intellectual Property of the Company and its Subsidiaries has been infringed, misappropriated or diluted by any other Person except for such claims, infringements, misappropriation and dilution that, in the aggregate, could not 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: an unfair detriment on the opposing party if not estopped. Id. We agree with the trial court that the State derives no unfair advantage nor imposes any unfair detriment on the petitioners by challenging Willey’s status as a professional gambler, and thus his standing to contest the constitutionality of the Gambling Winnings Tax as applied to professional gamblers. Given that the interlocutory transfer request was denied by this court, the petitioners cannot show any particular unfair advantage to the State or unfair detriment to themselves in the case before the trial court that resulted from the State challenging Willey’s status as a professional gambler, whether or not such a position was inconsistent with the ITS. See In the Matter of Carr & Edmunds, 156 N.H. 498, 502-03 (2007) (<HOLDING>); cf. Kelleher v. Marvin Lumber & Cedar Co., Options: A. holding that father failed to establish that any unfairness resulted from mothers allegedly inconsistent positions in seeking to modify child support pursuant to statutory right B. holding that a child was not barred by a former statute of limitations applicable to actions to establish the existence of a father and child relationship when the current action was to establish the nonexistence of a father and child relationship and the presumed father no longer persisted in maintaining paternity C. holding that trial court properly assessed mothers attorneys fees as necessaries against father in case in which trial court ordered father to pay mothers attorneys fees as child support but did not state that the fees were necessaries D. holding in modification suit in which no enforcement was ordered that trial court did not abuse its discretion in ordering father to pay mothers attorneys fees as child support under the necessaries rule E. holding that an illegitimate child is guaranteed a right of support from his father

assistant: The best answer is A. holding that father failed to establish that any unfairness resulted from mothers allegedly inconsistent positions in seeking to modify child support pursuant to statutory right