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 legal provision and list the applicable contract clause categories. Provision: Neither Sphere, SVTP or MF may assign its rights or obligations under this Agreement without the prior written consent of each of the other parties hereto. Neither the Sphere Shares nor the SVTP Shares may be sold, transferred, conveyed, assigned or otherwise disposed of by FBC (an “ FBC Transfer ”) unless both (i) such FBC Transfer is effected with respect to a number of Sphere Shares and SVTP Shares that is proportionate to the total number of Sphere Shares and SVTP Shares held by FBC at such time and (ii) the transferee or assignee of such Sphere Shares and SVTP Shares agrees in writing, in form and substance reasonably acceptable to each of the parties hereto, to be bound by the terms of this Agreement with respect to all of the Sphere Shares and SVTP Shares subject to the FBC Transfer, as if such transferee or assignee were FBC hereunder (and, for the avoidance of doubt, FBC shall remain a party to this Agreement with respect to any Sphere Shares and SVTP Shares that are not a part of the FBC Transfer).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in the society in question, as a discrete class of persons,” Henriquez-Rivas v. Holder, 707 F.3d 1081, 1083, 1091 (9th Cir.2013) (en banc) (citations and internal quotation marks omitted), and (3) “is understood to exist as a recognized component of the society in question,” Matter of W-G-R-, 26 I. & N. Dec. 208, 217 (BIA 2014), cited favorably in Pirir-Boc v. Holder, 750 F.3d 1077, 1079 (9th Cir.2014). Nor does the record compel the conclusion that the Chinese government persecuted Lin because of his opposition to political corruption. Id. at 223-24 (discussing nexus requirement). Rather, the record supports the BIA’s conclusion that Lin’s persecutor&emdash;a private individual&emdash;targeted him for personal reasons. See Ayala v. Holder, 640 F.3d 1095, 1097-98 (9th Cir.2011) (<HOLDING>). Lin has therefore failed to established Options: A. holding that harm purely motivated by wealth is not persecution B. holding that absent past persecution an alien can demonstrate eligibility for asylum based on a wellfounded fear of future persecution by demonstrating that he or she subjectively fears persecution and that this fear is objectively reasonable C. holding that an alien cannot claim asylum based on persecution that is personally motivated D. holding that alien cannot rely on spouses forced abortion to establish automatic asylum eligibility based on past persecution E. holding that to establish asylum eligibility based on future persecution an applicant must show that he or she subjectively fears persecution and that this fear is objectively reasonable

assistant: The best answer is C. holding that an alien cannot claim asylum based on persecution that is personally motivated
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: both prolonging this litigation and unnecessarily increasing the confusion and complexity already inherent to such actions. While the Court is not of the opinion that intervention as of right under Rule 24(a) is appropriate, permissive intervention shall be allowed under Rule 24(b). First to be considered will be the SEC’s position that, setting aside any inquiry into the demands of Rule 24, Section 21(g) absolutely bars intervention in any SEC enforcement action without the SEC’s prior consent. Section 21(g) states as follows: Notwithstanding the provisions of section 1407(a) of Title 28, or any other provision of law, no action for equitable relief instituted by the Commission pursuant to the securities laws shall be co iv.A. 95-1746-LFO, 1998 WL 29496, at *3 (D.D.C. Jan. 16, 1998) (<HOLDING>). As was noted in SEC v. Prudential Securities, Options: A. recognizing intervention is generally impermissible after entry of final judgment and exception allowing postjudg ment intervention in the interests of justice is limited to permitting intervention by affected persons so that an appeal can be taken B. holding that pursuit of a parallel state court lawsuit involving claims and parties common to the federal action does not justify the district courts intervention in state court proceedings C. holding that article iii standing is not a prerequisite to intervention D. holding that article iii standing is necessary for intervention E. holding that as applied to case in which applicants for intervention are already plaintiffs in another ongoing lawsuit and that the matter on which they wish to expound is squarely before the other court section 21g bars intervention noting that allowing intervention would effectively allow coordination of enforcement action with lawsuit already pending in another jurisdiction

assistant: The best answer is E. holding that as applied to case in which applicants for intervention are already plaintiffs in another ongoing lawsuit and that the matter on which they wish to expound is squarely before the other court section 21g bars intervention noting that allowing intervention would effectively allow coordination of enforcement action with lawsuit already pending in another jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Schedule 4.12 contains a complete and accurate list of (a) all Subsidiaries of the Borrower, including, (i) with respect to each Subsidiary, its state of organization, (ii) with respect to each Restricted Subsidiary, all jurisdictions (if any) in which it is qualified as a foreign corporation, foreign limited liability company or foreign limited partnership, as applicable, (iii) with respect to each Subsidiary, the percentage of Capital Stock owned by the Borrower and/or by any other Subsidiary and (iv) whether such Subsidiary is a Guarantor or an Unrestricted Subsidiary (and, if it is an Unrestricted Subsidiary, whether it is a Financial Services Subsidiary), and (b) each Joint Venture, including, with respect to each such Joint Venture, (i) its jurisdiction of organization and (ii) the percentage of Capital Stock owned by the Borrower and/or by any other Subsidiary. All the outstanding Capital Stock of each Subsidiary of the Borrower is validly issued, and all of the outstanding shares of Capital Stock of each Subsidiary of the Borrower are fully paid and nonassessable, except as otherwise provided by state wage claim laws of general applicability. All of the outstanding Capital Stock of each Subsidiary owned by the Borrower or another Subsidiary as specified in Schedule 4.12 are owned free and clear of all Liens, security interests, equity or other beneficial interests, charges and encumbrances of any kind whatsoever, except for Permitted Liens. Neither the Borrower nor any other Loan Party owns of record or beneficially any Capital Stock or other equity interests of any Subsidiary that is not a Guarantor, except Unrestricted Subsidiaries.

assistant: Subsidiaries
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, including any Exhibits attached hereto, sets forth the entire agreement between the Parties and supersedes all contracts, proposals or agreements, whether oral or in writing, and all negotiations, discussions and conversations, between the Parties with respect to the subject matter contained in this Agreement. Any policies, agreements or understandings made between the Parties relating to the subject matter of this Agreement and not explicitly set forth in this Agreement are void and unenforceable. This Agreement may be amended, supplemented or modified only by a written instrument duly executed by or on behalf of each Party hereto.

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: This is not fee simple. When all reasonable inferences are drawn in favor of the non-moving party, there is a disputed issue of fact as to when and how MassMutual determines its compensation for each SIA involving a single mutual fund. The caselaw is clear that a service provider’s retention of discretion to set compensation can create fiduciary duties under ERISA with respect to its compensation. Generally speaking, a service provider “does not act as a fiduciary with respect to the terms in the service agreement if it does not control the named fiduciary’s negotiation and approval of those terms.” Hecker v. Deere & Co., 556 F.3d 575, 583 (7th Cir.2009) (citing cases); Santomenno v. John Hancock Life Ins. Co., Civ. No. 2:10-ev-01655, 2013 WL 3864395, at *1 (D.N.J. July 24, 2013) (<HOLDING>). However, “after a person has entered into an Options: A. holding that service provider was not a fiduciary with respect to revenue sharing because the total expenses associated with each investment option were fully disclosed B. holding that the phrases in connection with and associated with are synonymous with the terms with respect to with reference to and relating to which mean connected by reason of an established or discoverable relation C. holding the same with respect to an apartment D. holding that when attorneys were acting as members of the firm with respect to the case in question section 504b1 applies to allow fee sharing with any member whether that membership is regular or sporadic E. holding that defendant was not a fiduciary with respect to a fixed fee that was set by an agreement negotiated at arms length

assistant: The best answer is A. holding that service provider was not a fiduciary with respect to revenue sharing because the total expenses associated with each investment option were fully disclosed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall create a continuing security interest in the Pledged Collateral and shall (i) be binding upon the Pledgors, their respective successors and assigns and (ii) inure, together with the rights and remedies of the Collateral Agent hereunder, to the benefit of the Collateral Agent and the other Secured Parties and each of their respective successors, transferees and assigns. No other Persons (including any other creditor of any Pledgor) shall have any interest herein or any right or benefit with respect hereto. Without limiting the generality of the foregoing clause (ii), any Secured Party may assign or otherwise transfer any indebtedness held by it secured by this Agreement to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted to such Secured Party, herein or otherwise, subject however, to the provisions of the Credit Agreement and, in the case of a Secured Party that is a party to a Secured Hedge Agreement or a Secured Cash Management Agreement, such Secured Hedge Agreement or Secured Cash Management Agreement, as applicable. Each of the Pledgors agrees that its obligations hereunder and the security interest created hereunder shall continue to be effective or be reinstated, as applicable, if at any time payment, or any part thereof, of all or any part of the Secured Obligations is rescinded or must otherwise be restored by any Secured Party upon the bankruptcy or reorganization of any Pledgor or otherwise.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the Florida homestead for the sole purpose of hindering, delaying, or defrauding her creditors. Key Bank appeals the district court’s order. II. DISCUSSION The following legal issue was the primary focus of the parties’ briefs on appeal: whether a claimed Florida homestead exemption can be successfully challenged if the home is purchased with non-exempt assets with the actual intent to hinder, delay, or defraud creditors in violation of Fla. Stat. § 726.105. In Bank Leumi Trust Co. v. Lang, 898 F.Supp. 883 (S.D.Fla.1995), the district court answered that question in the negative. Our research leads us to believe that this question is a significant issue of Florida law with respect to which the Florida precedent is not clear. See Butterworth v. Caggiano, 605 So.2d 56, 60 (Fla.1992) (<HOLDING>); Palm Beach Savings & Loan Ass’n v. Fishbein, Options: A. holding that homestead exemption was unavailable even though claimants were living on the land and claiming it as homestead with the permission or acquiescence of the owner for they could have no homestead right or interest in land to which they had no title B. holding that the general rule is that temporary absence from the premises will not itself cause an abandonment of the homestead but to retain the homestead exemption one leaving the homestead must in good faith intend to return albeit the intent to return need not be at any particular time in the future C. holding that the general homestead exemption may not be invoked to defeat claims against the holder for taxes and assessments against the homestead property D. holding that where a married debtor files an individual bankruptcy case and claims the 522b3b tbe exemption the debtor indirectly obtains the benefit of floridas constitutional homestead protection by virtue of the nondebtor spouses ability to claim the homestead exemption E. holding that a homestead was exempt from civil or criminal forfeiture under floridas rico act because forfeitures are not mentioned either expressly or by reasonable implication in the three enumerated exceptions to floridas homestead exemption

assistant: The best answer is E. holding that a homestead was exempt from civil or criminal forfeiture under floridas rico act because forfeitures are not mentioned either expressly or by reasonable implication in the three enumerated exceptions to floridas homestead exemption
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 of this Agreement and the other Transaction Documents by the Company and the consummation by the Company of the transactions contemplated hereby and thereby (including, without limitation, the issuance of the Securities and the reservation for issuance of the Underlying Shares) will not (i) result in a violation of the Certificate of Incorporation (including, without limitation, any certificates of designation contained therein), the Certificate of Designation or other organizational documents of the Company or any of its Subsidiaries, any capital stock of the Company, or Bylaws, (ii) conflict with, or constitute a default (or an event which with notice or lapse of time or both would become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture or instrument to which the Company or any of its Subsidiaries is a party or (iii) subject to the Required Approvals, result in a violation of any law, rule, regulation, order, judgment or decree (including, without limitation, foreign, federal and state securities laws and regulations and the rules and regulations of the Trading Market) applicable to the Company or any of its Subsidiaries or by which any property or asset of the Company or any of its Subsidiaries is bound or affected, except, in the case of clause (ii) or (iii) above, to the extent such violations that could not reasonably be expected to have 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 case excerpt and choose the best holding from the options. Case excerpt: the officers’ actions were justified at their inception, and second, whether their actions were reasonably related in scope to the circumstances which justified the officers’ initial interference.” Id. A court must be flexible in this analysis because, “while an officer’s actions must bear some relation to the purpose of the original stop, he may shift his focus and increase the scope of his investigation by degrees if his suspicions mount during the course of the detention.” Chhien, 266 F.3d at 6. Moreover, “there is no talismanic time beyond which any stop initially justified on the basis of Terry becomes an unreasonable seizure under the [F]ourth [A]mendment.” United States v. McCarthy, 77 F.3d 522, 530 (1st Cir.1996) (citations omitted). Therefore, “[t]he reasonableness i Cir.2001) (<HOLDING>). In these circumstances, the fact that Sugar Options: A. holding that defendant had a reasonable expectation of privacy in a locked vehicle owned and operated by a third party but parked on defendant homeowners driveway where the evidence seized was the subject of the unlawful enterprise in which defendant participated B. holding that the defendant had a reasonable expectation of privacy in a telephone booth C. holding that defendant had legitimate expectation of privacy in contents of locked safe stored in his apartment but owned by third party D. holding that defendant was seized where the officer told defendant that she knew that he was on probation defendant admitted to the officer that he had given her a false name and defendant was asked for consent to search a backpack because a reasonable inference was that defendant was the subject of a continuing investigation and his or her freedom of movement had been significantly restricted by the officers show of authority E. holding defendant had a reasonable expectation of privacy in blood sample drawn by hospital

assistant: The best answer is A. holding that defendant had a reasonable expectation of privacy in a locked vehicle owned and operated by a third party but parked on defendant homeowners driveway where the evidence seized was the subject of the unlawful enterprise in which defendant participated
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 Pledgor shall comply with all applicable Legal Requirements, except such non-compliance as would not reasonably be expected to have a material adverse effect on the ability of the Pledgor to perform its obligations hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: but rather, it is a case about design of a factory to which we apply principles of ordinary negligence.”). We note that the legislature has enacted separate statutes of repose for strict liabil ity claims against sellers and manufacturers and claims against design professionals who design improvements to real property. Compare Tex. Civ. Prac. & Rem.Code Ann. § 16.008(a) (ten-year statute of repose for design professionals), with id. § 16.012(b) (West 2002) (fifteen-year period of repose for manufacturers and sellers). Additionally, chapter 150 of the Civil Pra vices, L.P. v. Gomez De Hernandez, for the proposition that Jenkins was required to prove that the acid addition system was a product and that Occidental placed it in the stream of commerce. See 249 S.W.3d 400, 402 (Tex.2008) (<HOLDING>). But New Texas Auto Auction did not involve a Options: A. holding that a purchaser of assets may be liable for a sellers delinquent erisa fund contributions to vindicate important federal statutory policy where the buyer had notice of the liability prior to the sale and there exists sufficient evidence of continuity of operations between the buyer and seller emphasis added B. holding that seller carried insurance for benefit of buyer and held proceeds in trust for buyer when seller agreed to maintain insurance until possession date but bam burned before buyer took possession C. holding that the driver of a car who had permission to use the car had standing to challenge its search D. holding that plaintiffs who were in the car during car accident could recover for emotional damages because they were within zone of danger E. holding that auctioneer who handled sale of car between seller and buyer could not be held liable for allegedly defective condition of car

assistant: The best answer is E. holding that auctioneer who handled sale of car between seller and buyer could not be held liable for allegedly defective condition of car
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 Company action has been taken on the part of the Company necessary for the authorization, execution and delivery of this Agreement and the Note. Except as may be limited by applicable bankruptcy, insolvency, reorganization or similar laws relating to or affecting the enforcement of creditors’ rights, the Company has taken all action required to make all of the obligations of the Company reflected in the provisions of this Agreement and the other Transaction Documents, the valid and enforceable obligations they purport to be.

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: The Arranger, the Agent and the Lenders shall have received the fee due to Lenders (pro rata) in the aggregate amount of $30,000.00 together with all invoiced fees, costs, expenses and compensation required to be paid on the Effective Date (including any fees payable under this Amendment, any fee letter with the Lenders and the reasonable fees, disbursements and other charges of legal counsel to the Arranger, the Agent and the Lenders and expenses of appraisers, consultants and other advisors to the Arranger, the Agent and the Lenders and who have been approved by the Borrower).

assistant: Fees
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: ( f ) use ( including as part of your user id and/or profile picture ) any material or content that is subject to any third party proprietary rights , unless you have a licence or permission from the owner of such rights ; or

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: Exhibit G to each Security Agreement sets forth a description of all insurance maintained by or on behalf of the Loan Parties party thereto and their Restricted Subsidiaries as of the Effective Date. As of the Effective Date, no premiums in respect of such insurance are overdue. Each Loan Party maintains, and has caused each Restricted Subsidiary to maintain, with financially sound and reputable insurance companies, insurance on all their real and personal property in such amounts, subject to such deductibles and self-insurance retentions and covering such properties and risks as are adequate.

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 case excerpt and choose the best holding from the options. Case excerpt: not provide to the employees in The Gas Service Company. B. We turn now to the other issues raised by the parties. As previously discussed, Gaylord’s sole argument in its cross-petition is that, following the transfer to Tuscaloosa, it no longer had the duty to bargain with the USW. It does not contest the factual bases underlying the other unfair labor practices related to bargaining. Specifically, it does not dispute that, on August 31, September 23, and October 19, 2010, Flippo requested that Gaylord provide the USW information related to the terms and conditions of its Tuscaloosa employees. It also does not dispute that failure to provide this information violated the NLRA if it had a duty to bargain with the USW. See NLRB v. U.S. Postal Serv., 888 F.2d 1568, 1570 (11th Cir. 1989) (<HOLDING>). Similarly, Gaylord does not contest that it Options: A. holding that compliance with rule 3 is both a mandatory and jurisdictional prerequisite to appeal internal quotation marks omitted B. holding that an error is harmless if it was inconsequential to the ultimate nondisability determination internal quotation marks omitted C. holding that the maximum possible sentence provided by law for conviction of the offense charged is the most important consequence of the plea internal quotation marks omitted D. holding a pro se plaintiff is not an adequate class representative because the competence of a layman is clearly too limited to allow him to risk the rights of others internal quotation marks omitted E. holding that an employer violates the nlra when it fails to provide information that is needed by the bargaining representative for the proper performance of its duties internal quotation marks omitted

assistant: The best answer is E. holding that an employer violates the nlra when it fails to provide information that is needed by the bargaining representative for the proper performance of its duties internal quotation marks 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: filed a sexual harassment complaint. The jury answered “no.” Because Chesloff was no longer working in the hostile environment, we hold that these post-termination acts are not within her hostile environment claim. See, e.g., Laster v. City of Kalamazoo, 746 F.3d 714, 731 (6th Cir.2014) (“Unlike a Title VII anti-discrimination claim, - ‘the anti-retaliation provision does not confine the actions and harms it forbids to those that are related to employment or occur at the workplace,’ ”) (quoting Burlington N. & Santa Fe Ry. v. White, 548 U.S. 53, 57, 126 S.Ct. 2405, 2409, 165 L.Ed.2d 345 (2006)). Filing a lawsuit against a former employee is a discrete act that is not inherently harassing conduct of the type prohibited by sexual harassment law. See, e.g., Bartosh, 259 S.W.3d at 325-26 (<HOLDING>). Accordingly, we hold that the June 2009 and Options: A. holding that employee failed to preserve hostile work environment claim when only timely allegation of discrimination was based on termination because termination is not itself harassing conduct B. recognizing hostile work environment discrimination in ada context C. holding that a hostile work environment is a form of discrimination that is actionable under the statute D. recognizing a hostile work environment claim under section 1983 E. holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive

assistant: The best answer is A. holding that employee failed to preserve hostile work environment claim when only timely allegation of discrimination was based on termination because termination is not itself harassing conduct
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: Interest accrued on each Base Rate Advance shall be payable on each Payment Date, commencing with the first such Payment Date to occur after the date hereof, and on the Facility Termination Date. Interest accrued on each Eurocurrency Advance shall be payable on the last day of its applicable Interest Period, on any date on which the Eurocurrency Advance is prepaid, whether by acceleration or otherwise, and on the Facility Termination Date. Interest accrued on each Eurocurrency Advance having an Interest Period longer than three (3) months shall also be payable on the last day of each three-month interval during such Interest Period. Interest accrued pursuant to Section 2.11 shall be payable on demand. Interest on all Advances and fees shall be calculated for actual days elapsed on the basis of a 360-day year, except that interest computed by reference to the Alternate Base Rate shall be calculated for actual days elapsed on the basis of a 365/366-day year. Interest shall be payable for the day an Advance is made but not for the day of any payment on the amount paid if payment is received prior to 12:00 noon (New York City time) at the place of payment. If any payment of principal of or interest on an Advance would otherwise become due on a day which is not a Business Day, such payment shall be due on the next succeeding Business Day.

assistant: Interests
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 child support proceedings. Several cases outside this jurisdiction have specifically addressed that issue and have refused to apply the doctrine in a child support situation. See Fuller v. Fuller, 247 A.2d 767, 769-70 (D.C.1968) (stating that the duty of the natural father of an illegitimate child to support his child is a continuing one, not relieved based on the conduct of another treating the child as though she was his natural child or by the mother’s subsequent marriage to another); Dep’t of Human Res. v. Tabb, 221 Ga.App. 766, 472 S.E.2d 540, 541 (1996) (stating that application of virtual adoption doctrine was confined to inheritance cases and not applicable to a dispute as to responsibility for child support); see also Burke v. Burke, 137 Conn. 74, 75 A.2d 42, 45 (1950) (<HOLDING>); Hobus v. Hobus, 540 N.W.2d 158, 161 Options: A. 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 B. holding that an illegitimate child is guaranteed a right of support from his father C. holding that plaintiff had cared for his father who suffered severe depression after murder of his daughter within meaning of fmla interim regulation because inter alia he discussed with his father grief associated with murder and provided reassuring physical presence to his father D. holding that petitioner could maintain his action seeking parental rights and responsibilities under rsa chapter 461a notwithstanding his lack of biological relationship to the child so long as he alleges sufficient facts to establish his status as a parent by other means E. holding that a father cannot relieve himself of his primary liability to maintain his child by entering into a contract with someone else to do so

assistant: The best answer is E. holding that a father cannot relieve himself of his primary liability to maintain his child by entering into a contract with someone else to do so
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 is duly organized, validly existing and in good standing under the Laws of its jurisdiction of incorporation, as applicable, and is a U.S. Person, and has all requisite power and authority necessary to carry on its business as it is now being conducted and is duly licensed or qualified to do business and is in good standing (where such concept is recognized under applicable Law) in each jurisdiction in which the nature of the business conducted by it or the character or location of the properties and assets owned or leased by it makes such licensing or qualification necessary, except where the failure to be so licensed, qualified or in good standing would not, individually or in the aggregate, reasonably be expected to have a Purchaser Material Adverse Effect.

assistant: Organizations
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: regarding the school; the implication, therefore, is that Finlay would have received his standard commission for bringing business to the MARQUES if in fact he ever brought such business from the school. The fact that the Ship’s Regulations provided that the captain was solely responsible for the safety of the ship and those on board does not make Finlay liable for the ship’s unseaworthiness, because a shipowner’s duty to provide a seaworthy ship is nondelegable. See Sieracki, 828 U.S. at 94 n. 11, 66 S.Ct. at 877 n. 11. Holding Finlay to be an owner pro hac vice because the Ship’s Regulations made him solely responsible for the safety of the ship would defeat the rule of nondelegability, for it would absolve the owners of liability for unseaworthiness. See Ramos, 423 F.2d at 917-18 (<HOLDING>). That plaintiffs’ decedents had no contact Options: A. recognizing that enhancement requires control over a participant in the scheme not only control over the scheme itself B. recognizing the general rule that a property owner is not liable for the negligence of an independent contractor C. holding employer may be hable for sexual harassment of employee by independent contractor D. holding that owner could not be hable for unseaworthy conditions arising after he has parted with control over his vessel under a demise charter and that a shipowner cannot escape liability by delegating partial control of his vessel to an independent contractor E. holding authority to control limits duty to control

assistant: The best answer is D. holding that owner could not be hable for unseaworthy conditions arising after he has parted with control over his vessel under a demise charter and that a shipowner cannot escape liability by delegating partial control of his vessel to an independent contractor
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if linden lab elects to generally suspend or discontinue the service , in whole or in part , for any reason , linden lab may terminate your accounts .

assistant: Unilateral termination
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 payments and compensation under this Agreement shall be subject to all required federal, state and local withholdings and deductions, and such deductions as Executive may instruct FLIMCO to take that are authorized by applicable law.

assistant: Withholdings
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 Transactions (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority, except (i) filings with any Governmental Authority necessary to perfect Liens created under the Loan Documents and (ii) such as have been obtained or made and are in full force and effect, except such consents, approvals, registrations or filings, the failure of which to have been obtained, received or made will not materially impair the effectiveness of the Transactions or materially adversely affect the operations of the U.S. Borrower and the Subsidiaries, taken as a whole, (b) will not violate any material Requirement of Law applicable to the U.S. Borrower or any Material Subsidiary, (c) will not violate or result in a material default under any material indenture, agreement or other instrument binding upon the U.S. Borrower or any Material Subsidiary or their respective assets, or give rise to a right thereunder to require any material payment to be made by the U.S. Borrower or any Material Subsidiary or give rise to a right of, or result in, termination, cancelation or acceleration of any material obligation thereunder, and (d) will not result in the creation or imposition of any Lien (other than a Lien permitted under Section 6.02) on any asset of the U.S. Borrower or any Material Subsidiary.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to Andrew Tagliamonte’s request, but, based on the charge of child neglect, sua sponte entered an order that he stay away from his minor son. In so doing, the trial court abused its discretion. Florida Rule of Criminal Procedure 3.131(d)(2) authorizes the State to apply for modification of pretrial release conditions, but only on “showing good cause and with at least 3 hours’ notice to the attorney for the defendant.” A trial court is without authority sua sponte to modify a previously set pretrial release bond. See Cameron v. State, 127 So.3d 549, 550, 2012 WL 5349405, *1 (Fla. 4th DCA 2012) (granting a writ of habeas corpus where trial court sua sponte “added significant and substantial conditions” to defendant’s release bond); Simmons v. State, 915 So.2d 732 (Fla. 2d DCA 2005) (<HOLDING>); Griffin v. McRay, 890 So.2d 341 (Fla. 3d DCA Options: A. holding trial court may not increase bond on grounds not raised by the state without prior notice to defendant B. holding that an issue not raised in the trial court cannot be raised for the first time on appeal C. holding that issues not raised before the trial court cannot be raised on appeal D. holding that issues not raised in the trial court may not be raised later on appeal E. holding that the trial court may not grant summary judgment on a ground not raised in the motion

assistant: The best answer is A. holding trial court may not increase bond on grounds not raised by the state without prior notice to defendant
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: Except as otherwise expressly stated in this Fifth Amendment, all terms used in the Recitals and in this Fifth Amendment that are defined in the Credit Agreement, and that are not otherwise defined herein, shall have the same meanings in this Fifth Amendment as are ascribed to them in the Credit Agreement.

assistant: Definitions
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 transactions contemplated by this Agreement (a) do not require any Governmental Approval on the part of the Borrower or any of its Subsidiaries, except such as have been obtained or made and are in full force and effect, (b) will not violate (i) any Law applicable to the Borrower or any of its Subsidiaries, except any violation that could not reasonably be expected to have a Material Adverse Effect, (ii) the organizational documents of the Borrower or any of its Subsidiaries, or (iii) any order of any Governmental Authority applicable to the Borrower or any of its Subsidiaries, (c) will not violate or result in a default under any indenture, agreement, or other instrument binding upon the Borrower, any of its Subsidiaries, or any of their respective assets, or give rise to a right thereunder to require any payment to be made by the Borrower or any Subsidiary, except any violation, default, or payment that could not reasonably be expected to have a Material Adverse Effect, and (d) will not result in the creation or imposition of any Lien on any asset of the Borrower or any of its Subsidiaries.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Judge Duffy did not consider the funding of the settlements in connection with his decision concerning the coverage issues is irrelevant.” We are not persuaded. Under New York law, “an action for breach of contract requires proof of (1) a contract; (2) performance of the contract by one party; (3) breach by the other party; and (4) damages.” Rexnord Holdings, Inc. v. Bidermann, 21 F.3d 522, 525 (2d Cir.1994). Liberty Mutual has failed to establish both the third and fourth elements of its prima facie case. We find that there was no breach because information regarding the settlement funds was not in any sense “admitted into evidence”— the district judge refused to consider it in analyzing the issue. Cf. United Air Lines, Inc. v. Austin Travel Corp., 867 F.2d 737, 742-43 (2d Cir.1989) (<HOLDING>). As Judge Duffy well observed, [T]he language Options: A. holding that expert reports were not required to mention the defendant hospital because reports were based upon the actions of hospital physicians B. holding that trial court did not abuse its discretion by admitting police reports in civil case under publicrecords exception C. holding that court was within its discretion to refuse to consider reports that did not meet the supreme courts standards for admitting reports into evidence D. holding that the district court did not abuse its discretion in finding that the incomplete and late submission of expert reports was not harmless E. holding district court did not err in admitting reports that were merely cumulative of evidence already in the record

assistant: The best answer is C. holding that court was within its discretion to refuse to consider reports that did not meet the supreme courts standards for admitting reports into evidence
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 police reports and arrest records that did not result in convictions. See Schroeck v. Gonzales, 429 F.3d 947, 951 (10th Cir.2005) (reviewing due process claim regarding agency’s consideration of conduct not resulting in conviction as factor in denial of § 1182(h) relief). But we dismiss Mr. Umoh’s petition for review with respect to the remainder of his issues, which do not raise either constitutional claims or questions of law. His primary contention is that the BIA’s decision is not supported by substantial evidence. He asserts more specifically that the BIA ignored evidence regarding his value to the community and erred in concluding that he did not take responsibility for his criminal convictions. Although he characterizes these as , 437 F.3d 238, 243 (2d Cir.2006) (<HOLDING>); Mehilli v. Gonzales, 433 F.3d 86, 94 (1st Options: A. holding no jurisdiction to review ijs discretionary denial of waiver of inadmissibility despite petitioners cloaking an abuse of discretion argument in constitutional garb B. holding that the appropriate standard of review is abuse of discretion C. holding that we lack jurisdiction to review a denial of adjustment of status as a discretionary matter D. holding denial of continuance to be an abuse of discretion E. holding that there was no abuse of discretion in the ijs denial of petitioners motions for continuances to await decisions on their pending requests for labor certifications

assistant: The best answer is A. holding no jurisdiction to review ijs discretionary denial of waiver of inadmissibility despite petitioners cloaking an abuse of discretion argument in constitutional garb
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: barrage.” Basker-ville, 50 F.3d at 431. Second, Swadow’s alleged conduct toward Hopkins was sexually neutral or, at most, ambiguous. According to Hopkins, Swadow bumped into him, positioned a magnifying glass over his crotch, flipped his tie over to see its label, gave him a congratulatory kiss in the receiving line at Hopkins’ wedding, and stared at him in the bathroom. Notably, Hopkins has not asserted that Swadow ever made an overt sexual proposition or touched Hopkins in a sexual manner. While Swa-dow’s conduct was undoubtedly tasteless and inappropriately forward, we cannot conclude that it was “of the type that would interfere with a reasonable person’s work performance ... to the extent required by Title VII.” Morgan v. Massachusetts Gen. Hosp., 901 F.2d 186, 193 (1st Cir.1990) (<HOLDING>). Third, several of the incidents upon which Options: A. holding that the trial court abused its discretion in denying a motion to substitute counsel on the strength of gonzalezs sworn responses at the pleataking that no one was threatening him or forcing him to plead where the defendant alleged that his attorney forced him to plead guilty and threatened him if he did not take the plea B. holding that indictment sufficiently informed defendant of the charge against him so as to enable him to prepare a defense and thus there is no claim that he was surprised at trial C. holding the defendant was not under arrest when police asked him to go to the station and then offered him a ride because he did not have transportation D. holding that allegations fell short of title vii liability where male plaintiff claimed that male coworker stood behind him and bumped into him while he mopped peeped at him in restroom and asked him to dance at christmas party E. holding that the plaintiffs evidence that his back injury precluded him from performing at least 50 of the jobs previously available to him was enough to classify him as disabled under the ada

assistant: The best answer is D. holding that allegations fell short of title vii liability where male plaintiff claimed that male coworker stood behind him and bumped into him while he mopped peeped at him in restroom and asked him to dance at christmas party