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: That panel denied relief because the dismissal order was final, which meant that Hendricks could pursue his complaints on direct appeal. See In re Hendricks, No. 14-16-00056-CV, 2016 WL 675386, at *1 (Tex. App.-Houston [14th Dist.] Feb. 18, 2016, orig. proceeding) (per curiam) (mem. op.). We now consider those complaints here. APPELLATE JURISDICTION In his third issue, Hendricks argues that he perfected his appeal. Because this issue addresses our appellate jurisdiction, we consider it first. To invoke this court’s jurisdiction, a party must file a written notice of appeal with the trial court clerk. See Tex. R. App. P. 25.1. A party complies with this rule by making a bona fide attempt to invoke appellate jurisdiction. See In re J.M., 396 S.W.3d 528, 531 (Tex. 2013) (per curiam) (<HOLDING>). Hendricks filed his original notice of appeal Options: A. holding that the case must be dismissed for lack of appellate jurisdiction where notice of appeal was untimely B. holding trial court retains jurisdiction to consider motion for attorneys fees despite filing of notice of appeal of final judgment C. holding that a combined motion for new trial and notice of appeal invoked appellate jurisdiction D. holding that because record did not contain notice of appeal in compliance with rule 3 there was no appellate jurisdiction and appeal must be dismissed E. holding an appellate brief may serve as a notice of appeal

assistant: The best answer is C. holding that a combined motion for new trial and notice of appeal invoked appellate 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 case excerpt and choose the best holding from the options. Case excerpt: that he has not since abandoned it. In re Leonard, 194 B.R. 807, 809-10 (Bankr.N.D.Tex.1996). Here, the evidence supports a finding that the debtor lived in the club house on the western parcel from the time he purchased it in 2006 until he moved to Austin in 2009. “Possession and use of land by one who owns it and who resides upon it makes it the homestead in law and in fact.” Sanchez v. Telles, 960 S.W.2d 762, 770 (Tex.App.-El Paso 1997). Furthermore, “[w]hile homestead claimants normally do have to demonstrate intent [to designate land as a homestead], property owners who reside on and use their property do not.” Sifuentes v. Arriola, 2009 WL 1099253, at *3-4, 2009 Tex.App. LEXIS 2849, at *9 (Tex.App.-Austin Apr. 22, 2009); see also In re Kennard, 970 F.2d 1455, 1459 (5th Cir.1992) (<HOLDING>). By establishing that he lived in the club Options: A. holding that bankruptcy court is without jurisdiction to control disposition of chapter 13 debtors property that is not property of the bankruptcy estate unless the property is related to the bankruptcy proceedings of the code B. holding that debtor as grantor and trustee of a trust that held legal title to the property held a sufficient equitable interest in the property to claim it as exempt homestead where she resided on the property prepetition with the intent to maintain it as her primary residence C. holding bankruptcy court had abused its discretion by finding the debtor lacked the intent to claim property as a homestead where the debtors occupancy and use of his home and the surrounding acreage were unquestioned D. holding that a bankruptcy debtor may claim the homestead exemption for real property transferred to a selfsettled revocable trust even though the settlor and the beneficiary as well as the bankruptcy debtor were the same person E. holding homestead established by actual use and occupancy coupled with an actual intent to live permanently in a house

assistant: The best answer is C. holding bankruptcy court had abused its discretion by finding the debtor lacked the intent to claim property as a homestead where the debtors occupancy and use of his home and the surrounding acreage were unquestioned
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: state habeas court’s findings of fact were objectively unreasonable. We assume arguendo, that the district court concluded, for the six reasons it gave, that they were not objectively reasonable. 6 . See, e.g., Patton v. Yount, 467 U.S. 1025, 1038, 104 S.Ct. 2885, 81 L.Ed.2d 847 (1984) (reasoning that trial court determinations of credibility and demeanor, which are entitled to "special deference” on direct review, deserve "no less” respect in habeas proceedings). 7 .. The state contends that Broolcs "was unlawful insofar as it departed from [Andrews v. Collins, 21 F.3d 612, 620 (5th Cir.1994)], which held that '[t]he Supreme C nd therefore nonprecedential, see 5th Cir. R. 47.5, their reasoning is persuasive. 9 . See Rivas v. Thaler, 432 Fed.Appx. 395, 404 (5th Cir.2011) (per curiam) (<HOLDING>). Again, Rivas is not precedential but is Options: A. holding that district courts decision that trial counsels failure to object to crawford material was based on a reasonable trial strategy and did not constitute deficient performance under washingtons first prong was not debatable B. holding that counsel could have reasonably determined that the trial court would not sustain a rule 403 objection therefore counsels failure to object to this evidence was not deficient performance C. holding counsels failure to object to victim impact testimony and evidence was not ineffective assistance of counsel when the trial record was silent as to counsels strategy D. holding that counsels failure to object or request a limiting instruction for evidence of defendants incarceration was sound trial strategy E. holding that failure to object to properly admitted evidence was not deficient performance by trial counsel

assistant: The best answer is A. holding that district courts decision that trial counsels failure to object to crawford material was based on a reasonable trial strategy and did not constitute deficient performance under washingtons first prong was not debatable
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: Optionee agrees and acknowledges that the terms and conditions of this Agreement, including without limitation the number of Shares for which options have been granted, are confidential. Optionee agrees that he will not disclose these terms and conditions to any third party, except to Optionee’s financial or legal advisors, tax preparer or family members, unless such disclosure is required by law.

assistant: Confidentiality
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: Any dispute or controversy arising under or in connection with this Agreement other than a dispute pursuant to Section 5.4 and Section 5.5 , shall be settled exclusively by arbitration in the State of Kansas by three arbitrators in accordance with the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association in effect at the time of submission to arbitration. Judgment may be entered on the arbitrators’ award in any court having jurisdiction. For purposes of entering any judgment upon an award rendered by the arbitrators, Employer and Executive each hereby consent to the jurisdiction of any or all of the following courts: (i) the United States District Court for the State of Kansas, (ii) any of the courts of the State of Kansas, or (iii) any other court having jurisdiction. Employer and Executive further agree that any service of process or notice requirements in any such proceeding shall be satisfied if the rules of such court relating thereto have been substantially satisfied. Employer and Executive hereby waive, to the fullest extent permitted by applicable law, any objection which it or he may now or hereafter have to such jurisdiction and any defense of inconvenient forum. Employer and Executive hereby agree that a judgment upon an award rendered by the arbitrators may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Each party shall bear its or his costs and expenses arising in connection with any arbitration proceeding pursuant to this Section 7.15 ; provided , however , that the party that substantially prevails in an arbitration shall be reimbursed by the other party for all reasonable costs, including reasonable attorneys’ fees and costs, incurred by such prevailing party in connection with the arbitration. Notwithstanding any provision in this Section 7.15 , Executive shall be paid all compensation due and owing under this Agreement during the pendency of any dispute or controversy arising under or in connection with this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will, and will cause each Subsidiary to, maintain, with financially sound and reputable insurance companies, insurance, in such amounts and against such risks as are customarily maintained by companies engaged in the same or similar businesses operating in the same or similar locations. The loss payable clauses or provisions in the applicable insurance policy or policies insuring any of the collateral for the Loans shall be endorsed in favor of and made payable to the Administrative Agent as a “lender loss payee” or other formulation acceptable to the Administrative Agent and such liability policies shall name the Administrative Agent, as agent for the benefit of the Secured Parties, as “additional insured”. Such policies will also provide that the insurer will endeavor to give at least 30 days’ prior notice of any cancellation to the Administrative Agent.

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: A Director or Board Alternate shall not be entitled to any fees for serving as a Director or Board Alternate. Each Member shall be responsible for all out-of-pocket costs and expenses incurred by its Directors and Board Alternate in their respective capacities as Directors or Board Alternate, as applicable.

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 legal provision and list the applicable contract clause categories. Provision: Schedule 6.25 hereto contains an accurate list of all of the presently existing Subsidiaries of the Borrower, setting forth the percentage of their respective Capital Stock owned by it or its Subsidiaries. All of the issued and outstanding shares of Capital Stock of such Subsidiaries have been duly authorized and issued and are fully paid and non-assessable.

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 case excerpt and choose the best holding from the options. Case excerpt: The jury in this action recommended the death penalty by a vote of twelve to zero for both murders. The trial court consid ered the following aggravating factors with respect to both Robin and Christina Razor: (1) Reynolds was previously convicted of another capital felony or a felony involving the use or thr 0) (death sentence was proportionate where trial court found two aggravating factors, HAC and murder committed during the course of enumerated felony, measured against five nonstatutory factors that were given little weight); Geralds v. State, 674 So.2d 96 (Fla.1996) (death sentence was proportionate where trial court found only two aggravating circumstances, HAC and murder in course of felony, and some non-statutory mitigation); Branch v. State, 685 So.2d 1250, 1253 (Fla.1996) (<HOLDING>). Comparing the circumstances in this action to Options: A. holding imposition of the death penalty proportionate where the trial court found two aggravating circumstances ccp and contemporaneous murder two statutory mitigating factors and a number of nonstatutory mitigating factors B. holding the death sentence proportional for the firstdegree murder conviction where only the hac aggravator was found C. holding death sentence proportionate where defendant murdered wife and children and trial court found three aggravators previous capital felony ccp and hac and two statutory mitigators extreme disturbance and no prior criminal history D. holding the death sentence proportional for the firstdegree murder conviction where the aggravators included prior violent felony conviction and hac E. holding death sentence proportional in a case where the aggravators were murder committed during the course of enumerated felony prior violent felony and hac and the following nonstatutory mitigating factors were found remorse unstable childhood positive personality traits and acceptable conduct at trial

assistant: The best answer is E. holding death sentence proportional in a case where the aggravators were murder committed during the course of enumerated felony prior violent felony and hac and the following nonstatutory mitigating factors were found remorse unstable childhood positive personality traits and acceptable conduct at trial
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be taken to be an original, but all of which together shall constitute one and the same document. Facsimile and pdf signatures shall be deemed to have the same legal effect as originals.

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: such defendant to pay criminal restitution pursuant to Iowa Code section 910.2. Section 910.2 authorizes a court to order the offender to make restitution of court costs and court-appointed attorney’s fees “to the extent that the offender is reasonably able to do so.” The “reasonably able to pay” requirement enables section 910.2 to withstand constitutional attack. State v. Haines, 360 N.W.2d 791, 796 (Iowa 1985). The problem with Goodrich’s contention is that the challenged order was not a criminal restitution order. Rather, it was merely an assessment of court costs and attorney’s fees under Iowa Code section 610A.1. Iowa Code chapter 610A applies to postconviction relief proceedings because such proceedings are civil actions. See Fryer v. State, 325 N.W.2d 400, 415 (Iowa 1982) (<HOLDING>). Iowa Code section 610A.1(1) requires all Options: A. holding that a workers compensation proceeding is a legal proceeding B. holding that a postconviction proceeding is pending under 2244d2 until the time to appeal expires C. holding that postconviction motion under rule 2907d to set aside guilty plea is a civil proceeding though filed in a criminal case D. holding that postconviction proceeding is a civil suit E. holding that while an original bankruptcy proceeding where the state is not named as a defendant is not a suit an adversary proceeding directly against the state would be

assistant: The best answer is D. holding that postconviction proceeding is a civil suit
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 Transaction Documents constitute the legal, valid and binding obligations of each Seller, enforceable against such Seller in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditors’ rights generally and to equitable principles.

assistant: Enforceability
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 have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any Applicable Law shall be deemed to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The words “include”, “includes” and “including” shall be deemed to be followed by the words “without limitation”. Unless otherwise specified or where the context otherwise requires: (i) the singular shall include the plural and the plural shall include the singular wherever appropriate; (ii) references to any gender include all others if applicable in the context; (iii) any term defined as a particular part of speech shall have the analogous meaning when used as a different part of speech; (iv) the words “hereof,” “herein” and “herewith” and words of similar import shall be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement; (v) references to “Clauses,” “Sections,” “Articles,” “Schedules” and “Exhibits” shall be to Clauses, Sections, Articles, Schedules and Exhibits of or to this Agreement; (vi) the Schedules and Exhibits to this Agreement are an integral part of this Agreement; (vii) references to any Person include the successors and permitted assigns of such Person and any reference to a Governmental Authority includes any successor thereto; (viii) references to any Contract (including this Agreement) or other document are to such Contract or other document as amended, modified or supplemented from time to time in accordance with the terms hereof and thereof, as applicable; (ix) any reference to any Applicable Law means such Applicable Law as amended, supplemented, modified or replaced from time to time and (x) the use of the words “or,” “either” and “any” shall not be exclusive. The Parties intend that representation, warranty and covenant contained herein shall have independent significance. If any Party has breached any representation, warranty or covenant contained herein in any respect, the fact that there exists another representation, warranty or covenant relating to the same subject matter (regardless of the relative levels of specificity) that the Party has not breached shall not detract from or mitigate the fact the Party is in breach of the first representation, warranty or covenant.

assistant: Construction
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: subject to your compliance with the terms and conditions of these terms , academia.edu authorizes you to download , view and print any academia.edu content , solely for your personal and non-commercial purposes , and to access and use the site and services , including to download , view and print any member content solely for your personal and non-commercial purposes , and subject to the restrictions set forth in these terms .

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: All covenants, agreements, representations and warranties made by the Obligors herein, in the other Loan Documents and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the other parties hereto and thereto and shall survive the execution and delivery of this Agreement and the other Loan Documents and the making of any Loans and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent, any Issuing Bank or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect until Payment in Full. The provisions of Sections 2.12 , 2.13 , 3.01 , 4.02 , 11.03 and 11.04 and Article X shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Letters of Credit and the Commitments or the termination of this Agreement or any provision hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: deference, and “ ‘should not disturb [that interpretation] unless it appears from the statute or the legislative history that the accommodation is not one that Congress would have sanctioned.’ ” Chevron, 467 U.S. at 845, 104 S.Ct. at 2783 (quoting United States v. Shimer, 367 U.S. 374, 383, 81 S.Ct. 1554, 1560, 6 L.Ed.2d 908 (1961)); Akindenovo, 61 F.3d at 284-85. Thus, the court will defer to the agency’s interpretation if it is “rational and consistent with the statute.” NLRB v. United Food & Commercial Workers Union, Local 23, AFL-CIO, 484 U.S. 112, 123, 108 S.Ct. 413, 421, 98 L.Ed.2d 429 (1987); Chevron, 467 U.S. at 842-44, 104 S.Ct. at 2781-82 (describing the review as a determination of whether the agency’s interpretation is “reasonable”); Akindenovo, 61 F.3d at 284-85 (<HOLDING>); Arkansas AFL-CIO v. FCC, 11 F.3d 1430, Options: A. recognizing split B. recognizing a split in the circuits and permitting nunc pro tunc employment C. recognizing a split of authority D. recognizing circuit split E. recognizing split in circuits over reasonableness of inss interpretation of single scheme of criminal misconduct in 241a2aii 8 usc 1251a2aii

assistant: The best answer is E. recognizing split in circuits over reasonableness of inss interpretation of single scheme of criminal misconduct in 241a2aii 8 usc 1251a2aii
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Effective Date, Executive shall serve as Chief Financial Officer of the Corporation. The duties and services required to be performed are described in the job description previously provided to you and shall be consistent with your position and as may be assigned from time to time by the President and Chief Executive Officer and the Corporation’s Board of Directors (the “Board”). From and after the Effective Date and during the term of this Agreement, Executive shall devote substantially all of his business time to the performance of his duties hereunder unless otherwise authorized by the Board; provided, that Executive may not serve on any public company outside boards without the prior written consent of the Board.

assistant: Duties
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: Services, Inc. v. IARW Ins. Co., 759 F.2d 829, 830 (11th Cir.1985) (“In construing an insurance policy to determine the intention of the parties, the court must consider the instrument in its entirety. If possible, the court must adopt a construction which will give effect to the total instrument and its provisions.”); Auto-Owners Ins. Co. v. Anderson, 756 So.2d 29, 34 (Fla.2000) (noting that “we must read [the limitation on liability] clause in connection with the entire policy, including the liability coverage provisions and the policy declarations.”). Furthermore, courts interpreting identical crime insurance policies issued by Federal have held that they are not, as PBSJ contends, occurrence policies. See, e.g. J.I. Corp. v. Fed. Ins. Co., 920 F.2d 118, 120 (1st Cir.1990) (<HOLDING>); JEP Mgmt., Inc. v. Fed. Ins. Co., 2006 WL Options: A. holding that the plain meaning of the uim policy language was clear and not contrary to public policy B. holding that an insurance company that does not deliver a policy to a certificate holder is estopped from asserting exclusions contained in the policy but not revealed in the certificate C. holding that policy limits are not a defense to coverage and that policy limits define the amount of coverage D. holding that the ordinary meaning of federal employee theft policy which contained identical exclusions is that no coverage exists unless written notice is given within the period prescribed by the policy the instant provisions clearly reveal a claims made type policy E. recognizing we must give insurance policy language its ordinary and generally accepted meaning unless the policy shows that the words used are intended to impart a technical or different meaning

assistant: The best answer is D. holding that the ordinary meaning of federal employee theft policy which contained identical exclusions is that no coverage exists unless written notice is given within the period prescribed by the policy the instant provisions clearly reveal a claims made type policy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Each Borrower shall make each payment hereunder (except with respect to principal of, interest on, and other amounts relating to, Advances denominated in a Committed Currency), irrespective of any right of counterclaim or set-off, not later than 11:00 A.M. (New York City time) on the day when due in Dollars to the Agent at the applicable Agent’s Account in same day funds. Each Borrower shall make each payment hereunder with respect to principal of, interest on, and other amounts relating to, Advances denominated in a Committed Currency, irrespective of any right of counterclaim or set-off, not later than 11:00 A.M. (at the Payment Office for such Committed Currency) on the day when due in such Committed Currency to the Agent, by deposit of such funds to the applicable Agent’s Account in same day funds. The Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal or interest or fees ratably (other than amounts payable pursuant to Section 2.11, 2.14 or 9.04(c)) to the Appropriate Lenders for the account of their respective Applicable Lending Offices, and like funds relating to the payment of any other amount payable to any Lender to such Lender for the account of its Applicable Lending Office, in each case to be applied in accordance with the terms of this Agreement. Upon any Assuming Lender becoming a Lender hereunder as a result of a Commitment Increase pursuant to Section 2.18 or an extension of the Commitments pursuant to Section 2.19 and upon the Agent’s receipt of such Lender’s Assumption Agreement and recording of the information contained therein in the Register, from and after the applicable Increase Date or Extension Date, the Agent shall make all payments hereunder and under any Notes issued in connection therewith in respect of the interest assumed thereby to the Assuming Lender. Upon its acceptance of an Assignment and Assumption and recording of the information contained therein in the Register pursuant to Section 9.07(c), from and after the effective date specified in such Assignment and Assumption, the Agent shall make all payments hereunder and under the Notes in respect of the interest assigned thereby to the Lender assignee thereunder, and the parties to such Assignment and Assumption shall make all appropriate adjustments in such payments for periods prior to such effective date directly between themselves.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No ISO shall be granted to any individual otherwise eligible to participate in the Plan who is not an Employee of the Company or a Subsidiary on the date of granting of such Option. Any ISO granted under the Plan shall contain such terms and conditions, consistent with the Plan, as the Committee may determine to be necessary to qualify such Option as an “incentive stock option” under Section 422 of the Code. Any ISO granted under the Plan may be modified by the Committee to disqualify such Option from treatment as an “incentive stock option” under Section 422 of the Code.

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: rights under the Fourth Amendment and the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. The present litigation addresses Plaintiffs’ right to seek enforcement on the judgment, in other words, their right to see that the Court’s orders are obeyed. See Restatement (Second) of Judgments § 18 (1982) (“[W]hen a plaintiff has obtained a judgment other than one for the payment of money — such as a judgment ordering the defendant to engage or refrain from engaging in certain conduct — the plaintiff may seek enforcement of the judgment ... by application for contempt or other sanctions, and with the passage of time, revivor or suit upon the judgment may become necessary to effectuate or preserve the plaintiffs rights.”); cf. Harris, 621 F.2d at 344 (<HOLDING>). Finally, no rights or interests established Options: A. holding the fourteenth amendment does not apply to the actions of the federal government B. holding that the fourteenth amendment does not apply to the district of columbia C. holding that res judicata does not apply where the prior claim was founded on the eighth amendment and the current claimwas premised on the due process clause of the fourteenth amendment D. holding the double jeopardy clause applicable to the states through the due process clause of the fourteenth amendment E. holding that the constitutional rights in a termination proceeding are derived from the due process clause of the fourteenth amendment of the united states constitution and not the sixth amendment

assistant: The best answer is C. holding that res judicata does not apply where the prior claim was founded on the eighth amendment and the current claimwas premised on the due process clause of the fourteenth amendment
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: Subordinated Lender shall not sell, assign, pledge, dispose of or otherwise transfer all or any portion of the Subordinated Loan or any Subordinated Loan Document (a) without giving prior written notice of such action to Agent, and (b) unless prior to the consummation of any such action, the purchaser, assignee, pledgee or transferee thereof shall execute and deliver to Agent a joinder to this Agreement pursuant to which such transferee agrees to be bound by and subject to the terms hereof. Notwithstanding the failure to execute or deliver any such joinder, the subordination effected hereby shall survive any sale, assignment, pledge, disposition or other transfer of all or any portion of the Subordinated Loan, and the terms of this Agreement shall be binding upon any such purchaser, assignee, pledgee or transferee.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: appellant was aware of the range of punishment for the offenses of aggravated robbery and unlawful possession of a firearm by a felon. During voir dire, the trial court read the complete punishment range to the jury during opening remarks. In addition to the State also disclosing the punishment range during voir dire, the State explained the punishment range to individual veniremen on three separate occasions. Furthermore, during appellant’s voir dire, his counsel explained the range of punishment for aggravated robbery as well as the range for enhancement of the charges. Since the record reflects the applicable range of punishment was discussed, appellant’s substantial rights were not violated by the trial court’s error. See Gardner v. State, 164 S.W.3d 393, 397 (Tex.Crim.App.2005) (<HOLDING>). Accordingly, we overrule appellant’s first Options: A. holding no violation of substantial rights occurred during voir dire where record did not show that defendant was denied fair and impartial trial B. holding that defendants have a right to be present at voir dire C. holding a record reflecting that the applicable range of punishment was discussed during voir dire is enough to dispel a claim that appellants substantial rights were violated D. holding that the trial judges failure to admonish the appellant regarding the range of punishment was harmless because the record was replete with statements by the parties concerning the punishment range and because there was nothing in the record to indicate that the appellant was unaware of the range of punishment E. holding a defendants due process rights were violated where he was compelled to wear prison clothing during jury voir dire

assistant: The best answer is C. holding a record reflecting that the applicable range of punishment was discussed during voir dire is enough to dispel a claim that appellants substantial rights were violated
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: whatsapp 's privacy policy describes our information ( including message ) practices , including the types of information we receive and collect from you and how we use and share this information .

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: Each Loan Party and each of their respective Subsidiaries owns, or possesses the right to use, all franchises, licenses, copyrights, copyright applications, patents, patent rights or licenses, patent applications, trademarks, trademark rights, service marks, service mark rights, trade names, trade name rights and other rights with respect to the foregoing which are necessary to conduct its business. No event has occurred which permits, or after notice or lapse of time or both would permit, the revocation or termination of any such rights, and neither Holdings, any Borrower nor any Subsidiary is liable to any Person for infringement under Applicable Law with respect to any such rights as a result of its business operations.

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 legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE IN WHICH THE PROPERTY IS LOCATED AND THE APPLICABLE LAWS OF THE UNITED STATES OF AMERICA.

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: 344 U.S. 443 73 S.Ct. 437 97 L.Ed. 469 Bennie DANIELS and Lloyd Ray Daniels, Petitioners,v.Robert A. ALLEN, Warden, Central Prison of the State of North Carolina. Raleigh SPELLER, Petitioner, v. Robert A. ALLEN, Warden, Central Prison of North Carolina, Raleigh, North Carolina. Clyde BROWN, Petitioner, v. Robert A. ALLEN, Warden, Central Prison of the State of North Carolina. UNITED STATES of America, ex rel. James SMITH, Petitioner, v. Dr. Frederick S. BALDI, Superintendent of the Philadelphia County Prison. Nos. 20, 22, 31 and 32. Decided Feb. 9, 1953. Mr. Justice FRANKFURTER. 1 The course of litigation in these cases and their relevant facts are set out in Mr. Justice REED's opinion. This opinion is restricted to the two general questions which must be considered before the Court can pass on the specific situations presented by these cases. The two general problems are these: 2 I. The legal significance of a denial of certiorari, in a case required to be presented here under the doctrine of Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587, 94 L.Ed. 761, when an application for a writ of habeas corpus thereafter comes before a district court.* 3 II. The bearing that the proceedings in the State courts should have on the disposition of such an application in a district court. * Mr. Justice Frankfurter's opinion on this issue expresses the position of the majority, see 344 U.S. 450—453, 73 S.Ct. pp. 404, 405 (Syllabus paragraphs 3—8).

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: You affirm that the only consideration for signing this Agreement is as referenced herein and that no other promises or agreements of any kind have been made to or with you by any person or entity whatsoever to cause you to sign this Agreement, and that you fully understand the meaning and intent of this instrument. Subject to the last sentence of Section 6(b) hereof, you agree that you will not disparage the Company in any way, nor will you make any public comments or communications which tend to cast the Company, its owners, directors, officers or employees in a negative light. The Company agrees that it will not disparage Executive, nor will it make any public comments or communications that cast Executive in a negative light.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: student’s education, “including] the conduct and development of evaluations, eligibility determinations, IEPs, and educational placement.” Michael C. ex rel Stephen C. v. Radnor Twp. Sch. Dist., 202 F.3d 642, 654 (3d Cir.2000). No such proceeding concerning E.M.’s education has been initiated. Although the Majority devotes pages to discussing whether this case is a “proceeding” under § 1415, the proper inquiry is whether there exists a separate pending § 1415 proceeding, such as a due process complaint or an appeal of a ruling on such a complaint. Because “stay put” operates only “Muring the pendency” of such a proceeding, and no such proceeding has been initiated, § 1415’s “stay put” provision simply does not apply. See Moss by Mutakabbir v. Smith, 794 F.Supp. 11, 14 (D.D.C.1992) (<HOLDING>). Moreover, as the Majority acknowledges, there Options: A. holding that the stay put provision establishes a strong preference but not a statutory duty for maintenance of the status quo B. holding that a federal action to enforce the stay put provision is not itself a pending proceeding under 1415 that triggers stay put C. holding that insurance guarantee association stay statute did not suspend limitation period because action was not pending when stay was entered D. holding that the automatic stay did not bar the filing of a proof of claim where the debtor actively litigated a separate action during the pending bankruptcy proceeding because to permit the automatic stay provision to be used as a trump card played after an unfavorable result was reached would be inconsistent with the underlying purpose of the automatic stay E. holding that use of the preliminary injunction equitable factors would dilute the statutory framework under the stay put provision

assistant: The best answer is B. holding that a federal action to enforce the stay put provision is not itself a pending proceeding under 1415 that triggers stay put
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision or application of this Agreement to any Person or circumstance is held invalid or unenforceable to any extent, the remainder of this Agreement and the application of the provision to other Persons or circumstances will not be affected and that provision will be enforced to the greatest extent permitted by law. The preceding sentence of this Section 10.08 should not be enforced if the consequence of enforcing the remainder of this Agreement without such illegal or invalid term or provision would be to cause any Party to lose the material benefit of its economic bargain.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any disputes arising out of or in connection with this Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with the rules. The legal place of arbitration shall be New York, NY, USA. The language of the arbitration shall be English.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Windham v. Am. Brands, Inc., 565 F.2d 59, 62-65 (4th Cir.1977) (affirming denial of class certification in an antitrust action where the relevant product [tobacco] came in a variety of grades and was non-fungible); Alaska as Parens Patriae v. Suburban Propane Gas Corp., No. A93-291 CIV (JWS), 1995 WL 441987, at *8 (D.Alaska Jan.12, 1995) (denying class certification where the relevant product had varying uses and some putative class members had available substitutes for some of the uses). 19 . See, e.g., Burkhalter Travel Agency, 141 F.R.D. at 154 (denying class certification because, inter alia, "defendants price nuts in different ways and purchasers have varying degrees of leverage over defendants”). 20 . See Valley Drug Co. v. Geneva Pharm., Inc., 350 F.3d 1181, 1195 (11th Cir.2003) (<HOLDING>). 21 . Id. 22 . Id. 23 . id. 24 . 198 F.R.D. at Options: A. holding that the claims of the class representative and class members must be based on the same legal or remedial theory B. holding that the antitrust claims of disparate groups distributors of vitamins and producers of endproducts incorporating vitamins could not be mixed together where the interests of the class representatives and some class members were significantly different C. holding that to maintain a class action the existence of the class must be pleaded and the limits of the class must be defined with some specificity D. recognizing a narrow class of cases in which the termination of the class representatives claim for relief does not moot the claims of the class members E. holding that it is error to certify class when named class representatives are not members of the class they purport to represent

assistant: The best answer is B. holding that the antitrust claims of disparate groups distributors of vitamins and producers of endproducts incorporating vitamins could not be mixed together where the interests of the class representatives and some class members were significantly different
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: Bercoon, Weiner, Glick & Brook v. Manufacturers Hanover Trust Co., 818 F.Supp. 1152, 1161 (N.D.Ill.1993). In each of these cases, however, including Peck, the plaintiff incurred some external, additional cost in reliance on the defendant’s representations, which cost could be recovered on a theory of promissory estoppel. Here, plaintiff fails to allege such detrimental reliance. Plaintiff alleges that he passed up another job offer in reliance on defendant’s alleged oral promises. Plaintiffs alleged detrimental reliance is inadequate, however, because plaintiff did not make defendant aware of the offer from McNulty or his decision to turn it down in favor of his position with defendant. See Moore v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 1991 WL 149881, at *7 (D.N.J.1991) (<HOLDING>). Plaintiff, here, has not established that he Options: A. holding that plaintiffs claim failed for lack of evidence of a bargainedfor exchange and reliance where plaintiff never informed defendant that she was considering another job offer or that she turned down that offer B. holding that a plaintiff can show that she is qualified by presenting credible evidence that she continued to possess the objective qualifications she held when she was hired C. holding plaintiff failed to demonstrate disparate treatment because she failed to show she was similarly situated to coworker to whom she compared herself D. holding that plaintiff could not establish a prima facie case of discrimination because she was unable to present evidence that she was qualified for the position E. holding that a plaintiff could not show that she engaged in protected activity because she did not present evidence that she informed her employer that her complaints were based on race or age discrimination

assistant: The best answer is A. holding that plaintiffs claim failed for lack of evidence of a bargainedfor exchange and reliance where plaintiff never informed defendant that she was considering another job offer or that she turned down that offer
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: From and after the Effective Date, the Administrative Agent shall make all payments in respect of each Assigned Interest (including payments of principal, interest, fees and other amounts) to the relevant Assignee whether such amounts have accrued prior to, on or after the Effective Date. The Assignors and Assignees shall make all appropriate adjustments in payments by Administrative Agent for periods prior to the Effective Date or with respect to the making of this assignment directly between themselves.

assistant: Payments