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: 534 U.S. 516, 532, 122 S.Ct. 983, 152 L.Ed.2d 12 (2002). Thus, dismissal may be appropriate where a plaintiff fails to exhaust available administrative remedies. See Watts v. New York State D.O.C.S., No. 00-0216, 2003 WL 21191141, *1, 2003 U.S.App. LEXIS 9807, at *3 (2d Cir. May 21, 2003). In this case, Burks claims his constitutional rights were violated because he was never warned about the defective cell doors and he was provided with inadequate medical care. These allegations involve “prison life.” See Watts v. New York State D.O.C.S., No. 00-0216, 2003 WL 21191141, *1, 2003 U.SApp. LEXIS 9807, at *3 (2d Cir. May 21, 2003) (determining that the PLRA’s exhaustion requirement applies to a Section 1983 action for inadequate medical care); Neal v. Goord, 267 F.3d 116,119 (2d Cir.2001) (<HOLDING>). As such, the plaintiff was required to Options: A. holding that prisoner must show prison officials were deliberately indifferent to prison conditions to establish an eighth amendment violation B. holding required changes in prison policy not burdensome in light of the overall cost of operating the prison C. holding that state prison officials enjoy wide discretion in regards to a prison boards finding of guilt D. holding that prison conditions are those aspects of prison life affecting the entire prison population E. recognizing the undesirability of prison conditions litigation

assistant: The best answer is D. holding that prison conditions are those aspects of prison life affecting the entire prison population
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: contract). Jolicoeur contemplates that an insurance administrator could, under appropriate circumstances, illicitly interfere with the contract of its principal. Like any other agent, an administrator could accomplish this feat by acting beyond the scope of its authority. See Kennett v. Marquis, 798 A.2d 416, 419 (R.I.2002) (per curiam) (“An agent, however, may be personally liable for unauthorized acts outside the scope of the agency[.]”); Brown v. State Farm Fire & Cas. Co., 58 P.3d 217, 223 (Okla.Civ.App.2002) (remarking that an independent insurance adjuster could be liable for tortiously interfering with an insurance contract by acting beyond the scope of its authority from the insurer); see also Michelson v. Exxon Research & Eng’g Co., 808 F.2d 1005,1007-08 (3d Cir.1987) (<HOLDING>); Rao v. Rao, 718 F.2d 219, 225 (7th Cir.1983) Options: A. holding that insurer could not tortiously interfere with its own insurance plan B. holding that a corporate officer signing a contract in his corporate capacity is generally not liable for damages under the contract C. holding that the acts of a corporate officer done in his or her official capacity are acts of the corporation D. recognizing distinction between corporate officer acting on behalf of himself and corporate officer acting on behalf of his corporation E. holding that a corporate officer acting in his or her official capacity could not tortiously interfere with a corporate contract because corporations act only through their officers and agents

assistant: The best answer is E. holding that a corporate officer acting in his or her official capacity could not tortiously interfere with a corporate contract because corporations act only through their officers and agents
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 will be governed by and construed in accordance with the laws of the United States and the State of California. Subject to Section 12 above, each party consents to the jurisdiction and venue of the state or federal courts in San Diego, California, if applicable, in any action, suit, or proceeding arising out of or relating to this Agreement.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 364 U.S. 277 80 S.Ct. 1410 4 L.Ed.2d 1706 John Clifford McCRARY, Petitioner,v.STATE OF INDIANA. No. 417, Misc. Decided June 27, 1960. John Clifford McCrary, pro se. Messrs. Edwin K. Steers, Atty. Gen. of Indiana, and Richard M. Givan, Deputy Atty. Gen., for respondent. PER CURIAM. 1 The motion for leave to proceed in forma pauperis and the writ of certiorari are granted. Petitioner's attempted appeal to the Supreme Court of Indiana from a denial of relief in a post-conviction coram nobis proceeding was dismissed because of his failure to comply with rules of that court, requiring, inter alia, the filing of a transcript of the trial proceedings. He alleges that the dismissal denied him the equal protection of the laws because he was and is unable to pay for the preparation of such a transcript, see Griffin v. People of State of Illinois, 351 U.S. 12, 76 S.Ct. 585, 100 L.Ed. 891, and that although he attempted to avail himself of the services of the Indiana Public Defender, who is empowered to secure the preparation of such a transcript in paupers' cases, see Burns' Indiana Stats. (1956 Repl.), § 13—1401 et seq., that officer declined to assist him. The record before us does not disclose whether these allegations were made to, and passed on by, the Indiana Supreme Court in light of Griffin v. People of State of Illinois, supra. Accordingly we vacate the order of dismissal and remand the case to it for further consideration of the appeal. 2 Order vacated and case remanded.

assistant: 2
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 375 U.S. 28 84 S.Ct. 137 11 L.Ed.2d 45 Albert E. BARNESv.NORTH CAROLINA. No. 385, Misc. Supreme Court of the United States October 14, 1963 Samuel S. Mitchell, for petitioner. Thomas Wade Bruton, Atty. Gen. of North Carolina, and James F. Bullock, Asst. Atty. Gen., for respondent. On Petition for Writ of Certiorari to the Supreme Court of North Carolina. PER CURIAM. 1 The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of North Carolina for further consideration in light of Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799. 2 Mr. Justice HARLAN, for the reasons stated in his dissenting opinion in Pickelsimer v. Wainwright, 375 U.S. 2, at p. 3, 84 S.Ct. 80, at p. 81, would have withheld disposition of this petition for certiorari until the disposition, after argument, of that case.

assistant: 1
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 Committee has the right at any time, and from time to time, to amend, alter, suspend, discontinue or cancel the Option, prospectively or retroactively; provided, however , that no such amendment shall adversely affect the Participant’s material rights under this Agreement without the Participant’s written consent, and any such amendment shall be in accordance with Section 409A of the Code.

assistant: Amendments
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 FIRST AMENDMENT, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER, SHALL BE CONSTRUED IN ACCORDANCE WITH AND BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: an ad litem fee award is within the trial court’s sound discretion and will not be set aside absent a clear abuse of discretion. Garcia v. Martinez, 988 S.W.2d 219, 222 (Tex.1999); Brownsville-Valley Reg’l Med. Ctr., Inc. v. Gamez, 894 S.W.2d 753, 756 (Tex.1995). A trial court abuses its discretion when it acts without reference to any guiding rules and principles. Garcia, 988 S.W.2d at 222; Gamez, 894 S.W.2d at 756. A trial court abuses its discretion if it awards ad litem fees for work unrelated to an actual or potential conflict of interest or for work more appropriately performed by the plaintiffs attorney. Goodyear Dunlop Tires N. Am., Ltd. v. Gamez, 151 S.W.3d 574, 583 (Tex.App.-San Antonio 2004, no pet.); see also Land Rover U.K., Ltd. v. Hinojosa, 210 S.W.3d 604, 609 (Tex.2006) (<HOLDING>); Jocson v. Crabb, 196 S.W.3d 302, 307 Options: A. holding that guardian ad litem and psychologist fees incurred in child custody proceedings and ordered to be paid directly to the guardian ad litem and psychologist were nondischargeable under 523a5 B. holding that guardian ad litems extensive advice to plaintiffs attorney and daily involvement in case exceeded formal role of guardian ad litem C. holding the district court properly allowed guardian ad litem fees to be taxed as costs D. holding that the trial court did not err by permitting the guardian ad litem to give his recommendation or by relying on the guardian ad litems recommendation as the recommendation was supported by evidence received at trial E. holding the trial court had jurisdiction where summons was served on the attorney advocate for the juveniles guardian ad litem

assistant: The best answer is B. holding that guardian ad litems extensive advice to plaintiffs attorney and daily involvement in case exceeded formal role of guardian ad litem
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 actions required to be taken by the Buyer in order to authorize the Buyer to enter into this Agreement have been taken, and all corporate actions required to authorize the Buyer to purchase the Purchased Shares at the Closing have been taken or will be taken prior to the Closing. All corporate action on the part of the officers of the Buyer necessary for the execution and delivery of this Agreement, the performance of all obligations of the Buyer under this Agreement to be performed as of the Closing has been taken or will be taken prior to the Closing. This Agreement constitutes the valid and legally binding obligation of the Buyer, enforceable against the Buyer in accordance with its terms except as limited by the Bankruptcy and Equity Exception.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in interpreting the Ohio statute. City of Columbus Civil Serv. Comm’n v. McGlone, 82 Ohio St.3d 569, 697 N.E.2d 204, 206-07 (Ohio 1998) (‘We can look to regulations and cases interpreting the federal is under either misperception. First, there is no evidence that Continental believed that Gayer had a substantially limiting impairment that she in fact did not have. Continental did believe that Gayer could not lift over 40 pounds, but Gayer does not dispute this fact. The inability to lift over 40 pounds, however, is not, in and of itself, a disability. Indeed, “[f]ederal case law supports that a maximum weight restriction is not a disability as defined by the ADA.” Law v. City of Scottsdale, No. 98-6335, 2000 WL 799742, at *4 (6th Cir. June 15, 2000) (unpublished table decision) (<HOLDING>); see also McKay v. Toyota Motor Mfg. U.S.A., Options: A. holding that the plaintiff who was under a 40pound lifting restriction was not disabled as defined by the ada and listing five cases from various circuits including our own in which courts have held that weight restrictions alone do not render a plaintiff disabled B. holding that when an employer takes steps to accommodate an employees restrictions it is not thereby conceding that the employee is disabled under the ada or that it regards the employee as disabled C. holding that because the plaintiff was not disabled for the purposes of the ada this court need not to address the other elements of the prima facie case D. holding that plaintiffs hernia condition was not sufficient to render her disabled under the ada E. holding that an employer did not regard the plaintiff as disabled

assistant: The best answer is A. holding that the plaintiff who was under a 40pound lifting restriction was not disabled as defined by the ada and listing five cases from various circuits including our own in which courts have held that weight restrictions alone do not render a plaintiff disabled
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 389 U.S. 329 88 S.Ct. 503 19 L.Ed.2d 559 Walter GERMANNv.UNITED STATES. No. 384. Supreme Court of the United States October Term, 1967. December 11, 1967 Louis Bender, Lloyd A. Hale, New York City, of counsel, for petitioner. Solicitor General Griswold, Assistant Attorney General Vinson, Ralph S. Spritzer, Beatrice Rosenberg and Paul C. Summitt, for the United States. On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit. PER CURIAM. 1 The petition for certiorari is granted. 2 The judgment of the United States Court of Appeals for the Second Circuit is vacated, and the case is remanded to the United States District Court for the Southern District of New York in order to give that court an opportunity to consider the motion to substitute the Konkursamt Basel-Stadt (the Bankruptcy Office of Basel, Switzerland) as party petitioner, and to reconsider that court's former adjudication of contempt and the accompanying fine in light of the original petitioner's death. 3 It is so ordered.

assistant: 1
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: (9th Cir.2007). In his pro se brief, Jimenez-Carrillo contends that his prior convictions under California Health and Safety Code Section 11377(a) and California Penal Code Section 273a were not aggravated felony convictions for purposes of 8 U.S.C. § 1326(b). Subsequent to Jimenez-Carrillo’s sentencing, the Supreme Court decided Lopez v. Gonzales, — U.S. -, 127 S.Ct. 625, 633, 166 L.Ed.2d 462 (2006), in which it held that “a state offense constitutes a ‘felony punishable under the Controlled Substances Act’ only if it proscribes conduct punishable as a felony under that federal law.” Because Section 11377(a) does not qualify as a drug trafficking offense under Lopez, we vacate the sentence and remand for resentencing. See United States v. Figueroa-Ocampo, 494 F.3d 1211 (9th Cir.2007) (<HOLDING>). Additionally, as the government concedes, the Options: A. holding that the confrontation clause applies only to trials and not to sentencing hearings B. holding that the right applies at capital sentencing in particular C. holding descamps and mathis divisibility analysis applies in immigration proceedings nationwide to the same extent that it applies in criminal sentencing proceedings D. holding that lopez applies to criminal sentencing E. holding that the rule of lenity applies to sentencing guidelines

assistant: The best answer is D. holding that lopez applies to criminal sentencing
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: safeguards students from the risk of re-identification, id. ¶ 24; • By designating non-governmental actors as “authorized representatives” of state educational institutions, the Department would perform an “unauthorized, unlawful sub-delegation of its own authority,” id. ¶ 22; and • By expanding the definition of educational programs, the Department would “expose troves of sensitive, non-academic data,” id. ¶ 23. ANALYSIS This ease begins and ends with plaintiffs’ constitutional standing to bring their claims. “To state a case or controversy under Article III, a plaintiff must establish standing.” Ariz. Christian Sch. Tuition Org. v. Winn, — U.S. -, 131 S.Ct. 1436, 179 L.Ed.2d 523 (2011); accord Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992) (<HOLDING>). Standing is a necessary predicate to any Options: A. holding that article iii standing is necessary for intervention B. holding that standing is an essential and unchanging part of the easeorcontroversy requirement of article iii C. holding that article iii standing is not a prerequisite to intervention D. holding that because article iii standing is jurisdictional it must be decided before other legal issues E. recognizing that standing is an essential component of our appellate jurisdiction and permitting party to appeal only after determining that they had met the requirements of article iii standing

assistant: The best answer is B. holding that standing is an essential and unchanging part of the easeorcontroversy requirement of article iii
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: whether a given allegation can plausibly constitute a breach of fiduciary duty. At least post-Iqbal, it is not enough simply to make a conclusory allegation that the defendants breached their fiduciary duties. Instead, a plaintiff must allege facts that make it plausible that a breach of fiduciary duty actually occurred. The applicability of the presumption of prudence directly affects the plausibility of an allegation that a particular action was imprudent. When the presumption applies, the factual allegations in the complaint must make it plausible that the defendants could not have reasonably believed that continued adherence to the terms of the plan “was in keeping with the settlor’s expectations of how p is insufficient); Crowley v. Corning, 234 F.Supp.2d 222, 227 (W.D.N.Y. 2002) (<HOLDING>); cf. Citigroup, 2009 WL 2762708, at *18-19 Options: A. holding evidence legally insufficient B. holding that notice of judgment was insufficient C. holding that a 75 drop in share price is insufficient to overcome the presumption D. holding that an 80 drop is insufficient E. holding that the filing of notice without motion is insufficient

assistant: The best answer is D. holding that an 80 drop is insufficient
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: method (under § 3663) in favor of an incorrect method (under § 1593), the district court erred. Moreover, we hold that the district court’s error was “plain,” because the statutes are clear and because the government openly admitted that its proposed methodology derived from the wrong restitution statute. See United States v. Tuyet Thi-Bach Nguyen, 565 F.3d 668, 677 (9th Cir.2009) (“An error is plain when it is ‘clear’ or ‘obvious’ under the law.”). Finally, we hold that the error affected Defendants’ substantial rights and affected the fairness, integrity, or public reputation of the judicial proceedings. The government did not present evidence — and the district court did not make findings — of the victims’ actual losses, as required by § 3663. See Bussell, 504 F.3d at 964 (<HOLDING>); United States v. Joyner, 201 F.3d 61, 81 (2d Options: A. holding that restitution is proper under 2259 only to the extent the defendants offense proximately caused a victims losses B. holding that restitution is proper for victims losses that are directly caused by appellants conduct for which he was convicted C. holding that under the restitution provision of the supervised release statute 18 usc 3583 restitution can be ordered only for losses caused by the specific conduct that is the basis for the offense of conviction D. holding that the amount of restitution is limited to the victims actual losses E. holding that restitution in the full amount of each victims losses does not exceed the statutory maximum

assistant: The best answer is D. holding that the amount of restitution is limited to the victims actual losses
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: which rejected the Plan. The Bankruptcy Code does not provide a standard for determining when “unfair discrimination” exists. See 203 N. LaSalle, 190 B.R. at 585 (noting “the lack of any clear standard for determining the fairness of a discrimination in the treatment of classes under a chapter 11 plan” and that “the limits of fairness in this context have not been established”). Rather, courts may examine the facts and circumstances of the particular case to determine whether unfair discrimination exists. See In re Johns-Manville Corp., 68 B.R. 618, 636 (Bankr.S.D.N.Y.1986) (“The language and legislative history of the statute provides little guidance in applying the ‘unfair discrimination’ standard.”); see, e.g., In re Freymiller Trucking, Inc., 190 B.R. 913, 916 (Bankr.W.D.Okla.1996) (<HOLDING>); In re Aztec Co., 107 B.R. 585, 589 Options: A. holding that a determination of unfair discrimination requires a court to consider all aspects of the case and the totality of all the circumstances B. holding that an adverse credibility determination under the real id act must take into account the totality of the circumstances and all relevant factors C. holding the right of free speech is not absolute at all times and under all circumstances D. holding reasonable suspicion is based on totality of circumstances E. holding that to determine whether a statement was voluntary the court must consider the totality of all the surrounding circumstances both the characteristics of the accused and the details of the interrogation and decide whether a defendants will was overborne by the circumstances surrounding the giving of a confession

assistant: The best answer is A. holding that a determination of unfair discrimination requires a court to consider all aspects of the case and the totality of all the circumstances
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: Seller may comply with its obligations with respect to each Right of First Offer provided in this Section 3(g) by notifying Buyer once during each calendar quarter as to the DRM or MOS, as the case may be, that is subject to the Right of First Offer. If with respect to a Right of First Offer Buyer fails during any 12-month period to engage in Good Faith negotiations for 50% or more of Seller’s notifications in the preceding sentence for the Right of First Offer, Seller’s obligations, and Buyer’s rights, with respect to the Right of First Offer will terminate.

assistant: Terminations
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 parties hereto agree and acknowledge that money damages would not be an adequate remedy for any breach of the provisions of this Agreement, that any breach of the provisions of this Agreement shall cause the other parties irreparable harm, and that any party may in its sole discretion apply to any court of law or equity of competent jurisdiction (without posting any bond or deposit) for specific performance or other injunctive relief in order to enforce, or prevent any violations of, the provisions of this Agreement.

assistant: Remedies
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 will maintain customary, reasonable and prudent insurance with reputable companies to protect against liabilities which may arise out of its respective obligations under this Engagement Letter throughout the term hereof. Further, if the Services include providing you with an interim Principal Accounting Officer and Principal Financial Officer (the “Interim Officer”) you will see that the Interim Officer is covered by all the same Director’s and Officer’s insurance policies, and all other liability insurance policies, as cover your senior officers and directors. You will provide us with certificates evidencing of all such coverage before we or our professionals undertake any duties for you, and you will see that the carriers agree to notify us in writing at least thirty (30) days before any cancellation or material alteration of coverage. You will ensure that all such coverage survives for seven (7) years after termination of this engagement letter, or will purchase a directors' and officers' extended reporting period, or "tail," policy, to cover the Interim Officer.

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: The Borrower shall pay to the Administrative Agent for the account of the Lenders in accordance with the terms of this Section 2.10 , on the date of each termination or reduction of the Revolving Committed Amount, the Commitment Fee accrued through the date of such termination or reduction on the amount of the Revolving Committed Amount so terminated or reduced.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (“The Government must prove that the defendant [had] a purpose of causing actual financial harm to another.”), aff'd, 462 F.3d 131 (2d Cir.2006); United States v. Thomas, 315 F.3d 190, 200 (3d Cir.2002) (“We believe that, given the legislative intent, harm or loss to the bank must be contemplated by the wrongdoer....”); United States v. Jimenez, 77 F.3d 95, 97 (5t Cir.2003) (“We agree that the intent must be to injure or harm.... It is sufficient that the defendant by material misrepresentations intends the victim to accept a substantial risk that otherwise would not have been taken.”). We can say with confidence that our analysis of “intent to harm” is consistent with the analysis of at least three of the circuits relied on by defendants. See, e.g., Edelmann, 458 F.3d at 812 (<HOLDING>); Carlo, 507 F.3d at 802; United States v. Options: A. holding that proof of willfulness in criminal tax cases requires negating a defendants claim of ignorance of the law or a claim that because of a misunderstanding of the law he had a goodfaith belief that he was not violating the law B. holding that a defendants goodfaith belief that he intended to repay the loans he procured through misrepresentation was not a defense to wire fraud C. holding that a plaintiff cannot avoid the securities fraud exception by pleading mail fraud or wire fraud if the conduct giving rise to those offenses also amounts to securities fraud D. holding in a civil rico case based upon predicate acts of mail and wire fraud that the plaintiff must plead a material misrepresentation of fact that was calculated or intended to deceive persons of reasonable prudence and comprehension and that the plaintiff relied upon that material misrepresentation to establish the fraud statutes requisite scheme to defraud E. holding that such a belief is a knowing misrepresentation

assistant: The best answer is B. holding that a defendants goodfaith belief that he intended to repay the loans he procured through misrepresentation was not a defense to wire fraud
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: Every notice, approval, consent or other communication authorized or required by this Agreement shall not be effective unless served in writing and sent by United States registered or certified mail, return receipt requested, directed, if to Lessee to the Premises, and if to Lessor at the address listed on page 1 hereof or such other address as either party may designate by notice from time to time.

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 case excerpt and choose the best holding from the options. Case excerpt: 421; see also Annot., 48 A.L.R. 3d 430, 479, sec. 12(b) (1973).) Harm done to the good will of a business has been recognized as a proper element of consequential damages in actions sounding in contract (Stott v. Johnston (1951), 36 Cal. 2d 864, 871, 229 P.2d 348, 352), and in tort (see Lowrey v. Dingmann (1957), 251 Minn. 124, 128, 86 N.W.2d 499, 502). When a business is sold, its good will can be transferred along with its other assets. (See Mohawk Maintenance Co. v. Kessler (1981), 52 N.Y.2d 276, 283, 419 N.E.2d 324, 328-29.) It follows that, in some circumstances, the good will of a business can be appropriated to another’s use, and a wrongful appropriation of that property right is actionable. Cf. Mohawk Maintenance Co. v. Kessler (1981), 52 N.Y.2d 276, 284-85, 419 N.E.2d 324, 329 (<HOLDING>). Accord, Ranft v. Reimers (1902), 200 Ill. Options: A. holding that the seller of a business implicitly transferred a property right in the firms good will to the buyer and that the seller could not then impair that right by actively soliciting the customers of his former business B. holding that a seller could enforce an arbitration provision against a buyer even though only the buyer had signed the provision C. holding that broker who represents seller cannot represent buyer in purchase of property from seller without sellers knowledge and consent D. holding that breach occurred when seller told buyer that seller would do no more to rectify alleged warranty violation E. holding that a person who obtains drugs from a seller is not an accomplice of the seller

assistant: The best answer is A. holding that the seller of a business implicitly transferred a property right in the firms good will to the buyer and that the seller could not then impair that right by actively soliciting the customers of his former business
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you are giving up your right to serve as a representative , as a private attorney general , or in any other representative capacity , or to participate as a member of a class of claimants , in any lawsuit involving any such dispute ; and

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: No failure on the part of Agent or any other Secured Party to exercise, and no delay in exercising, any right, remedy, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. The rights and remedies under this Subordination Agreement are cumulative and not exclusive of any rights, remedies, powers, and privileges that may otherwise be available to Agent or any other Secured Party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 7(e). Such would necessarily aid the accused in determining the allegations set forth by providing him with additional information not contained within the indictment or information. Moreover, federal law, once again unlike State law, mandates that the accused be afforded the discovery of certain evidence prior to trial. See Fed.R.Crim.P. 16. (If Moreno, in the case before us, had been in federal court and had couched his "Motion to Quash” in terms of a discovery motion, Rule 16 would have mandated that the State provide "any relevant written or recorded statements made by the defendant.”) However, we can think of no reason why differences in discovery practices would or should justify jurisdictional differences. See United States v. Conlon, 628 F.2d 150, 156 (D.C.Cir.1980) (<HOLDING>). Furthermore, although Texas law does not Options: A. holding that we will not grant relief unless the indictment is so obviously defective as not to charge the offense alleged by any reasonable construction B. holding that multiple conspiracies instruction is required where there is possibility of prejudicial variance between indictment and trial proof and noting that such an instruction is designed precisely to cure the problem of kotteakos spillover and would not cure other prejudicial variance problems C. holding that an indictment gave sufficient notice when the indictment charged the elements of the offense D. holding that a bill of particulars cannot cure a defective indictment E. holding that the recital of an erroneous legal characterization of facts did not render an indictment defective

assistant: The best answer is D. holding that a bill of particulars cannot cure a defective indictment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 355 U.S. 392 78 S.Ct. 383 2 L.Ed.2d 356 George ZAVADA, petitioner,v.UNITED STATES of America. No. 65, Misc. Supreme Court of the United States January 20, 1958 George Zavada, pro se. Solicitor General Rankin, Mr. Warren Olney, III, former Asst. Atty. Gen., and Beatrice Rosenberg, for the United States. On petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. PER CURIAM. 1 The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is reversed and the case is remanded to the United States District Court for the Northern District of Ohio for a hearing. Walker v. Johnston, 312 U.S. 275, 61 S.Ct. 574, 85 L.Ed. 830; Holiday v. Johnston, 313 U.S. 342, 61 S.Ct. 1015, 85 L.Ed. 1392. 2 Mr. Justice CLARK, Mr. Justice HARLAN, and Mr. Justice WHITTAKER dissent.

assistant: 1
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: Patriot and the Bank have filed all foreign and federal, and all material state and local Tax Returns and other reports, each is required by law to file and has paid all Taxes, assessments, fees and other governmental charges that are due and payable (except those which are being properly contested in good faith). The provision for Taxes on the books of Patriot and the Bank is, in the reasonable business judgment of Patriot and the Bank, adequate for all years not closed by Law, and for its current fiscal year, and Patriot and the Bank do not have any knowledge of any material deficiency or additional material assessment in connection therewith not provided for on their books.

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 legal provision and list the applicable contract clause categories. Provision: All withholding taxes and other payroll taxes will be deducted from all payments due you under this Agreement. Any and all taxes that may be due by you as a result of payments made to you hereunder shall be your responsibility.

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 legal provision and list the applicable contract clause categories. Provision: The Borrower and each of the Restricted Subsidiaries own or possesses adequate valid licenses or otherwise have the valid right to use all of the patents, patent applications, trademarks, trademark applications, service marks, service mark applications, trade names, URLs, copyrights, computer software, trade secrets, know-how and processes (collectively, “ Intellectual Property ”) that are necessary for the operation of their business as presently conducted except where failure to own or have such right would not reasonably be expected to have a Material Adverse Effect. No claim is pending or, to the knowledge of any Responsible Officer, threatened to the effect that the Borrower or the Restricted Subsidiaries infringes or conflicts with the asserted rights of any other Person under any material Intellectual Property, nor is there, to the knowledge of any Responsible Officer, any basis for such a claim, except for such claims that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. No claim is pending or, to the knowledge of any Responsible Officer, threatened to the effect that any such material Intellectual Property owned by the Borrower or the Restricted Subsidiaries, nor is there, to the knowledge of any Responsible Officer, any basis for such a claim, except for such claims that would not, individually or in the aggregate, 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: that many of their witnesses would be unable to appear in this District while they would appear in the Southern District of Ohio. 6 . The Assistant United States Attorney has provided us with the memorandum that the USMS General Counsel sent him, in which that counsel cites to three district court cases that have held that only one-way transport is authorized (that is, neither return transport nor lodging can be provided, though one-way transport and subsistence on the road can be). The General Counsel also included a citation to a 1990 District of Maryland case which held that it is a criminal violation of the Anti-Deficiency Act for a judge to order the USMS to pay transport expenses not authorized by 18 U.S.C. § 4285, see United States v. Nave, 733 F.Supp. 1002, 1003 (D.Md.1990) (<HOLDING>). 7 . The AO does not in its annual Options: A. holding that under the antideficiency act 18 usc 1341 a court should not order the expenditure of government funds in the absence of statutory authority for such expenditure and that were a court to do so the judge could conceivably be open to criminal prosecution under 31 usc 1350 a situation that might mildly amuse some but which ought to be avoided if possible B. holding that the defendant could be prosecuted for making false claims against the government under either the false claims statute 18 usc 287 or the mail and wire fraud statutes 18 usc 1341 1343 C. holding that in a criminal mail fraud prosecution under 18 usc 1341 where proof of specific intent is required it may be found from a material misstatement of fact made with reckless disregard for truth D. holding that submitting false claims to the government could be charged under either the false claims act 18 usc 287 or the mail and wire fraud statutes 18 usc 1341 1343 because nothing in the statutory language of the relevant statutory provisions provided any evidence of an intent to withdraw from one statute a coverage it obviously has standing alone because of a coverage also afforded by another statute E. holding that a sentencing court is required by 18 usc 3583g to revoke the defendants term of supervised release unless defendant could come under the exception in 18 usc 3583d

assistant: The best answer is A. holding that under the antideficiency act 18 usc 1341 a court should not order the expenditure of government funds in the absence of statutory authority for such expenditure and that were a court to do so the judge could conceivably be open to criminal prosecution under 31 usc 1350 a situation that might mildly amuse some but which ought to be avoided if possible
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or in electronic (i.e., “ pdf ” or “ tif ”) format shall be effective as delivery of a manually executed counterpart of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: impairment who needed assistance to load and unload from a school bus, carry books and materials, and use the restroom was not eligible under IDEA because she did not need special education)). The minor changes may constitute related services. Even if the modifications are interpreted as related services, however, Plaintiff would still be ineligible under IDEA because a child who “only needs a related service and not special education ... is not a child with a disability” under IDEA. 34 C.F.R. § 300.8(a)(2)(i); see also Irving Indep. Sch. Dist. v. Tatro, 468 U.S. 883, 894, 104 S.Ct. 3371, 82 L.Ed.2d 664 (1984) (“[T]he need for what otherwise might qualify as a related service does not create [eligibility].”); Marshall Joint Sch. Dist. No. 2 v. C.D., 616 F.3d 632, 641-42 (7th Cir.2010) (<HOLDING>). The record also reveals that the current Options: A. holding that damages are not relief that is available under the idea B. holding that physical and occupational therapy are related services and a students need for them does not create eligibility under idea C. holding that the local educational agency is the appropriate target of a suit under the idea and that private entities cannot be held liable under the statute as the idea obligates the statenot the private schoolto ensure that such children are provided special education and related services in accordance with an individualized education program D. holding that by its terms the idea does not require exhaustion where the relief sought is unavailable in an administrative proceeding under the idea monetary damages are not available so exhaustion is not required E. holding that transfer rule denying eligibility to students transferring from public to private schools did not violate the students rights to due process or equal protection of the laws as provided by the fourteenth amendment

assistant: The best answer is B. holding that physical and occupational therapy are related services and a students need for them does not create eligibility under idea
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: that sexual harassment of men by women, or men by other men, or women by other women would not also be actionable in appropriate cases.” See also Steiner v. Showboat Operating Co., 25 F.3d 1459, 1464 (9th Cir.1994) (commenting that “we do not rule out the possibility that both men and women ... have viable claims against [a male supervisor] for sexual harassment”), cert. denied, - U.S.-, 115 S.Ct. 733, 130 L.Ed.2d 636 (1995); Saulpaugh v. Monroe Community Hosp., 4 F.3d 134, 148 (2d Cir.1993) (Van Graafeiland, J., concurring) (arguing that “harassment is harassment regardless of whether it is caused by a member of the same or opposite sex”), cert. denied, - U.S. -, 114 S.Ct. 1189, 127 L.Ed.2d 539 (1994); cf. Morgan v. Massachusetts Gen. Hosp., 901 F.2d 186, 192 (1st Cir.1990) (<HOLDING>). Thus far, only the Fifth Circuit has Options: A. holding that a single incident in which a coworker squeezed an employees buttocks was not sufficiently severe or pervasive so as to alter the conditions of the victims employment and create an abusive working environment B. holding that homosexual advances by male coworker were not sufficiently severe or pervasive to be actionable C. holding that harassing conduct not sufficiently severe and pervasive where conduct would not have affected the work environment of a reasonable person D. holding that conduct was not sufficiently severe or pervasive where over twoweek period a coworker stood behind the plaintiff to create physical contact surreptitiously looked at the plaintiffs genitals in the restroom and engaged in unwanted touching E. recognizing that conduct amounts to actionable sexual harassment only when it is sufficiently severe or pervasive to alter the conditions of the victims employment and create an abusive working environment alteration in original citation omitted

assistant: The best answer is B. holding that homosexual advances by male coworker were not sufficiently severe or pervasive to be actionable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall become effective when it shall have been executed by the Borrower and each Agent and the Paying Agent shall have been notified by each Initial Lender Party that such Initial Lender Party has executed it and thereafter shall be binding upon and inure to the benefit of the Borrower, each Agent and each Lender Party and their respective successors and assigns, except that the Borrower shall not have the right to assign its rights hereunder or any interest herein without the prior written consent of the Lender Parties.

assistant: Binding Effects