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: judgment and the trial court held in favor of Building Venture as a matter of law. The time to have presented a meritorious defense was at this time. Bush and Miller’s lawyer received notice of this hearing and appeared on their behalf. This fact alone disproves their claim that they were prevented from presenting a meritorious defense. But even if it did not, the trial in 1990 disposed of the case against a third defendant, Mosby, not Bush and Miller; their rights were not adjudicated at that time, having been adjudicated previously. The only other event Bush and Miller had a right to receive notice of for due process claims was entry of the final judgment signed January 25, 1991. See e.g., Peralta v. Heights Medical Center, Inc., 485 U.S. 80, 108 S.Ct. 896, 99 L.Ed.2d 75 (1988) (<HOLDING>). But neither this appeal nor the bill of Options: A. recognizing that an officers forcible rape of a woman violates her substantive due process rights B. holding that due process rights were not violated when alien claimed a lack of actual notice but his attorney received notice C. holding that lack of notice of charges in disciplinary proceedings violates the due process clause D. holding a judgment in the absence of notice violates due process rights E. holding that in a proceeding to terminate parental rights the preponderance of the evidence standard of proof violates the due process clause and that due process requires at least a clear and convincing evidence standard

assistant: The best answer is D. holding a judgment in the absence of notice violates due process rights
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: would be consistent with the land resource management plan of the entire forest.” See Neighbors of Cuddy Mountain, 137 F.3d at 1377; 36 C.F.R. § 219.10(e). The For , the Forest Service admits that “soil porosity or compaction was not explicitly assessed in detail in the FEIS.” See Cook Decl. ¶ 18. In explanation, the Forest Service relies on the declaration of Cook, who states that the potential for compaction was not considered “significant” because “experience” indicated that the type of soil underlying most of the project area “do[es] not readily compact to the detriment of re-growth potential.” See id. The record, however, does not contain any data or analysis to support Cook’s opinion nor is the opinion disclosed within the EIS. See Idaho Sporting Congress, 137 F.3d at 1150 (<HOLDING>) The Forest Service may not cure deficiencies Options: A. recognizing that an advisory opinion is one that offers an opinion on a moot issue B. holding agency may not rely on expert opinion without disclosing hard data supporting opinion to the public C. holding that an expert opinion on a question of law is inadmissible D. recognizing district courts authority to exclude opinion evidence that is connected to existing data only by the ipse dixit of the expert should it conclude that there is simply too great an analytical gap between the data and the opinion proffered E. holding a medical opinion to be not significantly probative where the opinion was contrary to other substantial record evidence

assistant: The best answer is B. holding agency may not rely on expert opinion without disclosing hard data supporting opinion to the public
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: similar results, generally holding that contingency fees are assets of the partnership. As an example, where one partner worked on contingency fee cases with which the clients indicated they wanted him to remain involved after dissolution, a court held that the contractual obligation to conclude the cases was part of the fiduciary duty owed amongst the partners. Resnick v. Kaplan, 49 Md.App. 499, 434 A.2d 582, 585, 587 (1981). Fees earned from cases pending at dissolution were partnership assets. Id. at 587. The court also affirmed that, although a client has the right to select the attorney the client wants, the client’s right does not diminish or change the fiduciary duties of the partners. Id. at 588. See also Jewel v. Boxer, 156 Cal.App.3d 171, 203 Cal.Rptr. 13, 16-17 (1984) (<HOLDING>); LaFond v. Sweeney, — P.3d -, -, No. 10CA2005, Options: A. holding that when an attorney represents multiple clients and a dispute between the attorney and one client later occurs there is a waiver of the privilege but only by the client asserting the liability B. holding that an attorney may only undertake to represent a new client against a former client where there is no confidential information received from the former client that is in any way relevant to representation of the current client C. holding income generated through the winding up of unfinished cases is allocated to the former partners and the right of the client to select an attorney of ones choice is irrelevant to the rights and duties between the parties D. holding client is not liable for actions of attorney who misled client as to the status of case E. holding an attorney is an agent of the client and therefore cannot conspire with the client

assistant: The best answer is C. holding income generated through the winding up of unfinished cases is allocated to the former partners and the right of the client to select an attorney of ones choice is irrelevant to the rights and duties between the parties
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the Resolution has been fully adjudicated in the Puerto Rico courts). Depending upon the course of further proceedings in the two parallel actions, the necessity for such an appeal may be avoided. We need go no further. For the reasons elucidated above, we dismiss this appeal without prejudice, for want of appellate jurisdiction. Dismissed. 1 . The panel opinion speaks at one point of "reversing]” the verdicts, Whitfield I, 431 F.3d at 19, but the mandate references the '‘vacation]” of the verdicts. Given our disposition of this appeal, see text infra, we need not probe the significance (if any) of this discrepancy. 2 . Puerto Rico is deemed the functional equivalent of a state for the purposes of Rule 69(a). Cf. Goya Foods, Inc. v. Wallack Mgmt. Co., 290 F.3d 63, 70 (1st Cir.2002) (<HOLDING>). 3 . The plaintiffs base this objection on two Options: A. recognizing a similar exception to its rule with respect to corporations B. holding to the same effect C. holding to that effect with respect to rule 64 D. holding the same with respect to an apartment E. holding to like effect with respect to a standcommitted fine

assistant: The best answer is C. holding to that effect with respect to rule 64
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 Party to this License Agreement may (a) extend the time for the performance of any of the obligations or other acts of the other Party, (b) waive any inaccuracy in the representations and warranties of the other Party contained herein or in any document delivered by such other Party pursuant hereto or (c) waive compliance with any agreement of the other Party or condition to the other Party’s obligations contained herein. Any such extension or waiver shall be valid only if set forth in a writing executed by the Party to be bound thereby. Any waiver of any term or condition shall not be construed as a waiver of any subsequent breach or waiver of the same term or condition or as a waiver of any other term or condition of this License Agreement. The failure of any Party to assert any of its rights under this Section 18.3 shall not constitute a waiver of any of such rights. No course of dealing between or among any persons having any interest in this License Agreement shall be deemed effective to modify, amend or discharge any part of this License Agreement or any rights or obligations of any Party under or by reason of this License Agreement. All rights and remedies existing under this License Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.

assistant: 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: unpaid assessments and associated interest and late fees. WCT also seeks legal fees pursuant to Mass. Gen. Laws ch. 183A, § 6(a)(ii), which states: If any expense is incurred by the organization of unit owners as a result of [a] unit owner’s failure to abide by the requirements of this chapter ... the organization of unit owners may also assess any fees, attorney’s fees charges, late charges, fines, costs of collection and enforcement, court costs, and interest charged pursuant to this chapter against the unit owner.... However, “[t]he Trustees’ entitlement to attorneys fees, and their inclusion in any lien, is subject to the limitation that they must be reasonable.” Bd. of Trs. of 87 St. Botolph St. Condo. Trust v. Cohen, No. 061829E, 2007 WL 3261301 at *4 (Mass.Super. July 2, 2007) (<HOLDING>) (quoting Trustees of Whitehall Condo. Trust v. Options: A. holding that bank was entitled to attorney fees on appeal when agreement did not prohibit such fees B. holding that unit owner was liable for reasonable attorney fees incurred in imposing lien for unpaid association fees C. holding attorney fees may be allowed for expenses incurred for default D. holding reasonable fee in contract action included fees incurred in related bankruptcy proceeding E. holding that fees incurred by debtor were not in the nature of support

assistant: The best answer is B. holding that unit owner was liable for reasonable attorney fees incurred in imposing lien for unpaid association fees
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 466 U.S. 521 104 S.Ct. 2163 80 L.Ed.2d 531 WESTINGHOUSE ELECTRIC CORPORATION, petitioner,v.Christine VAUGHN. No. 82-2042. Supreme Court of the United States April 30, 1984. 1 On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. 2 The writ of certiorari is dismissed as improvidently granted.

assistant: 9
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “there is a fair probability that ... evidence of a crime will be found in a particular place.” Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). This court determines only whether the issuing judge “had a substantial basis [to conclude] that probable cause existed.” Id. at 238-39, 103 S.Ct. 2317 (internal quotation marks omitted). Morgan argues that the information in the search warrant was stale, and thus the warrant lacked probable cause, because police did not apply for the warrant until 75 days after identifying his IP address and 51 days after associating it with him. Periods much longer than 75 or 51 days have not rendered information stale in computer-based child-pornography cases. See, e.g., United States v. Estey, 595 F.3d 836, 840 (8th Cir. 2010) (<HOLDING>). The affidavit in support of the search Options: A. holding that a fivemonth delay in filing a motion to disqualify did not bar the motion where there was a reasonable explanation for the delay B. holding a fivemonth delay in searching a computer did not invalidate the search because there was no showing that the delay caused a lapse in probable cause that it created prejudice to the defendant or that officers acted in bad faith C. holding that apprendi did not render 841 unconstitutional D. holding that a fivemonth delay did not render information stale E. recognizing that a fivemonth delay weighs against the defendant

assistant: The best answer is D. holding that a fivemonth delay did not render information stale
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 amended, supplemented, waived or modified by the written consent of the Managing Member in its sole discretion without the approval of any other Member or other Person; provided , that to the extent that any such amendment, supplement, waiver or modification would adversely affect the rights of the holders of any given class of Units (other than the Managing Member), such amendment shall require the consent of the holders of a majority of the then outstanding Units of each such class held by Members (other than, and, for purposes of determining whether holders of a majority of the then outstanding Units have consented, excluding any Units that are held by the Managing Member); provided , further, that (x) Articles X and XI , and any other provisions governing the rights or obligations of any DB Holder or DB Majority Holder in its capacity as such shall not be amended, supplemented, modified or waived, nor shall any other modifications to this Agreement be made that would have a similar effect, without the prior written consent of the DB Majority Holder and (y) Article X and any other provisions governing the rights or obligations of any Fertitta Holder or Fertitta Majority Holder in its capacity as such shall not be amended, supplemented, modified or waived, nor shall any other modifications to this Agreement be made that would have a similar effect, without the prior written consent of the Fertitta Majority Holder.

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: Each party represents and warrants to the other party that, to its actual knowledge as of the date hereof: (i) Landlord and Tenant are in full compliance with all terms, covenants and conditions of the Lease; (ii) there are no breaches or defaults under the Lease by either party; and (iii) such party knows of no events or circumstances which would constitute a default under the Lease.

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 legal provision and list the applicable contract clause categories. Provision: Subject to the terms of the Plan, the Committee may grant any types of Awards other than those that are specifically set forth in Articles 6 through 8, including, but not limited to, SARs, Cash Incentive Awards and the payment of Shares in lieu of cash under any Company incentive bonus plan or program. Subject to the terms of the Plan, the Committee, in its sole discretion, shall determine the terms and conditions of such Other Awards.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed on two or more separate counterparts (including by means of telecopied or electronically transmitted (including in .pdf or .tif formats) signature pages), each of which will be an original and all of which taken together will constitute one and the same 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 legal provision and list the applicable contract clause categories. Provision: Borrower’s request for a Revolving Loan will be deemed Borrower’s reaffirmation of its representations and warranties under the Loan Documents, except to the extent such representations and warranties relate solely to an earlier period.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: an unlawful government action constitute ‘two separate wrongs [that] give rise to two separate causes of action,’ and that a property owner is free either to sue in district court for asserted improprieties committed in the course of the challenged action or to sue for an uncompensated taking in the [United States] Court of Federal Claims”) (quoting Del-Rio Drilling Programs, Inc. v. United States, 146 F.3d 1358, 1364 (Fed.Cir.1998)); Tabb Lakes, Ltd. v. United States, 10 F.3d 796, 802 (Fed.Cir.1993) (“[C]laimant must concede the validity of the government action which is the basis of the taking claim to bring suit under the Tucker Act.”); Florida Rock Indus., Inc. v. United States, 791 F.2d 893, 898-899 (Fed.Cir.1986), cert. denied, 479 U.S. 1053, 107 S.Ct. 926, 93 L.Ed.2d 978 (1987) (<HOLDING>). Unauthorized acts by federal officials are Options: A. holding that plaintiff had no authority or statutory right for actions proper course was to report actions to proper legal authority B. recognizing that takings cases are based on the proper exercise of statutory and regulatory authority C. recognizing that acts made in violation of statutory authority are void D. holding the substantially advances formula is not a valid takings test and indeed it has no proper place inour takings jurisprudence E. holding that temporary deprivations of use are compensable under the takings clause

assistant: The best answer is B. recognizing that takings cases are based on the proper exercise of statutory and regulatory authority
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: 24(a). Appellants argue that because a specific fund is at issue, they have a sufficient interest in the litigation pending in the district court. While we will address each of Rule 24(a)’s requirements, we first turn to whether the appellants have a sufficient interest in the litigation, A. Rule 24(a)(2) requires the intervenor to demonstrate “an interest relating to the property or transaction which is the subject of the action ...” Fed.R.Civ.P. 24(a)(2). While the precise nature of the interest required to intervene as of right has eluded precise and authoritative definition, Harris, 820 F.2d at 596; 3B Moore’s Federal Practice, ¶24.07[2], at 24-57 (2d ed. 1982); 7C Wright, Miller & Kane, Federal Practice & Procedure § 1908, at 263 (1986), some general guidelines have emer n.1966) (<HOLDING>); see generally, Wright & Miller, supra, § Options: A. holding that the beneficiary of a trust was not the real party in interest regarding rights owned by the trust B. holding that the trust remaindermen had a sufficient interest to intervene in an action by the trust executors for a tax refund C. holding that a constructive trust had arisen on a third partys house due to her use of trust assets which had been diverted by the paca trustee to pay the mortgage and finding that the trust beneficiary plaintiffs are entitled to a lien on the property in the amount of the diverted funds D. recognizing the existence of a constructive trust under new jersey law and applying that trust retroactively to exclude from a bankruptcy estate property in which a creditors security interest had been lost through the prepetition misconduct of the debtor E. holding that a third party who receives trust property on inquiry notice that a trustee has misappropriated trust funds is also liable for breach of trust

assistant: The best answer is B. holding that the trust remaindermen had a sufficient interest to intervene in an action by the trust executors for a tax refund
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: between the same parties or their privies concerning the same subject matter, and precludes the relitigation, not only of the claims which were actually litigated in the first action, but also of all grounds of claim which may have been properly litigated in the first action but were not litigated or decided. 71 Haw. at 463, 795 P.2d at 278 (internal quotation marks and brackets omitted). Because the instant appeal does not arise out of a "new action" the doctrine of res judicata does not apply. See Robinson, 65 Haw. at 652, 658 P.2d at 296-97; Cain .2d 845 (1967). 7 . Similarly, we have occasionally overruled our analyses of certain rules of court although the language of the rules has remained unchanged. See, e.g., State v. Young, 73 Haw. 217, 220-22, 830 P.2d 512, 514-15 (1992) (<HOLDING>); State v. Balauro, 73 Haw. 70, 71, 828 P.2d Options: A. holding that in order for a waiver of counsel to be valid the trial court must ensure that the defendants waiver of his right to counsel is done knowingly and intelligently so that the record establishes that the defendants choice is made with eyes open B. holding waiver of right to counsel not voluntary and knowing when defendant terminated counsel and requested another attorney but the trial court would allow delay and appointment only upon waiver of speedy trial right C. holding that when the defendant is not present in person or by an attorney at trial he does not waive the right to a twelvemember jury where the case is tried by six jurors the sufficiency of the waiver is determined by whether the waiver was knowing and intelligent D. holding that pursuant to hrpp rule 5 the waiver of the right to jury trial must be either in writing signed by the defendant or in open court from the mouth of the defendant and overruling state v olivera 53 haw 551 497 p2d 1360 1972 to the extent that it countenanced waiver by trial counsel E. holding that the right to support is not subject to waiver by either parent

assistant: The best answer is D. holding that pursuant to hrpp rule 5 the waiver of the right to jury trial must be either in writing signed by the defendant or in open court from the mouth of the defendant and overruling state v olivera 53 haw 551 497 p2d 1360 1972 to the extent that it countenanced waiver by trial counsel
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 contention.”); United States v. Green, 389 F.Supp.2d 29, 41-42 (D.Mass.2005), rev’d on other grounds sub nom. In re United States, 426 F.3d 1 (1st Cir.2005) (“By choosing federal court and thereby expanding the jury district to include the more racially homogenous suburbs, the government invariably dilutes minority — and even urban — representation in the pool from which defendants’ juries will be selected. While the Sixth Amendment demands representativeness, it does not require courts to second-guess the boundaries of the judicial district. Thus, when the government federalizes local crime in the more diverse cities ... it homogenizes the decisionmaker. And the law allows it to do so.”) (footnote omitted); cf. United States v. Davis, 27 Fed.Appx. 592, 592, 597 (6th Cir.2001) (<HOLDING>); Zicarelli v. Dietz, 633 F.2d 312, 318 (3d Options: A. holding that reviewing court may not reverse trial courts judgment on property division unless trial court has clearly abused its discretion or has made inequitable division B. holding that a transfer was a demotion where there was testimony that few people transferred voluntarily from jobs in the plaintiffs prior division to jobs in the plaintiffs new division everybody viewed a transfer from the plaintiffs new division to the prior division as a promotion and the two departments had different seniority systems C. holding that there is no constitutional or statutory requirement that a defendants trial take place in a specific courtroom or division within a federal district and that the jury pool need not include anyone from the division in which the crime occurred D. holding that no closure occurred when judge did not allow anyone to enter or leave courtroom during jury instructions E. holding that reconsideration of the correctness of property division was barred on appeal from the judgment enforcing that division

assistant: The best answer is C. holding that there is no constitutional or statutory requirement that a defendants trial take place in a specific courtroom or division within a federal district and that the jury pool need not include anyone from the division in which the crime occurred
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 has been duly authorized, executed and delivered by Blackstone, is the legal, valid and binding obligation of Blackstone, and does not violate any provision of any agreement or judicial order to which Blackstone is a party or to which Blackstone is subject. All documents to be executed by Blackstone which are to be delivered at Closing will be duly authorized, executed and delivered by Blackstone, will be legal, valid and binding obligations of Blackstone, enforceable in accordance with their respective terms, and will not violate any provision of any agreement or judicial order to which Blackstone is a party or to which Blackstone is subject.

assistant: Authority
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 terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before August 16, 2016; provided , however , that such termination will not affect the right of any party to sue for any breach by any other party (or parties).

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 Executive's or the Company's failure to insist upon strict compliance with any provision hereof or any other provision of this Employment Agreement or the failure to assert any right the Executive or the Company may have hereunder shall not be deemed to be a waiver of such provision or right or any other provision or right of this Employment Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provision of a Table of Contents, the division of this Agreement into Articles, Sections and other subdivisions and the insertion of headings are for convenience of reference only and shall not affect or be utilized in construing or interpreting this Agreement. All references in this Agreement to any "Section" are to the corresponding Section of this Agreement unless otherwise specified.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was never good history and is no longer good law.”). 8 . Union Pac. R.R. Co. v. Sheehan, 439 U.S. 89, 94, 99 S.Ct. 399, 58 L.Ed.2d 354 (1978). 9 . Norris, 512 U.S. at 252-53, 114 S.Ct. 2239 (quoting 45 U.S.C. § 151a) (emphasis added). 10 . Consol. Rail Corp. v. Ry. Labor Executives' Ass’n, 491 U.S. 299, 305, 109 S.Ct. 2477, 105 L.Ed.2d 250 (1989); see also Anderson v. Am. Airlines, Inc., 2 F.3d 590, 595 (5th Cir.1993) (citing id.). 11 . Norris, 512 U.S. at 265, 114 S.Ct. 2239. 12 . Saridakis v. United Airlines, 166 F.3d 1272, 1276 (9th Cir.1999). 13 . Norris, 512 U.S. at 264 n. 10, 114 S.Ct. 2239 (quoting Conrail, 491 U.S. at 311-12, 109 S.Ct. 2477). 14 . Id. at 264, 114 S.Ct. 2239. 15 . Id. at 264 n. 10, 114 S.Ct. 2239 (quoting Detroit & Toledo Shore Line R 171 (1st Cir.1998) (<HOLDING>); Benson v. Northwest Airlines, Inc., 62 F.3d Options: A. holding section 301 preempted plaintiffs claim for tortious interference with contract because that claim would require interpretation of a collective bargaining agreement B. holding that the present controversy concerns the plaintiffs rights under state and federal statutes which exist independently of the collective bargaining agreement and do not require interpretation of that agreement C. holding that antidiscrimination rights under title vii cannot be waived by a collective bargaining agreement D. holding that plaintiffs retaliatory discharge claim was not completely preempted and noting that state court on remand would have to apply federal law to remaining issues requiring interpretation of collective bargaining agreement E. holding that an arbitrators interpretation of the scope of the issue submitted to him is entitled to the same deference accorded his interpretation of the collective bargaining agreement

assistant: The best answer is B. holding that the present controversy concerns the plaintiffs rights under state and federal statutes which exist independently of the collective bargaining agreement and do not require interpretation of that agreement
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 of the properties and operations of the Borrower and each Subsidiary of a character usually insured by companies of established reputation engaged in the same or a similar business similarly situated are adequately insured, by financially sound and reputable insurers, against loss or damage of the kinds and in amounts customarily insured against by such Persons, and the Borrower and the Subsidiaries carry, with such insurers in customary amounts, such other insurance, including larceny, embezzlement or other criminal misappropriation insurance and business interruption insurance, as is usually carried by companies of established reputation engaged in the same or a similar business similarly situated.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the trustee and are not claims derivative of the debtor’s own rights. Allegaert v. Perot, 548 F.2d 432, 436 (2d Cir.1977); Hagerstown Fiber Ltd. P’ship v. Carl C. Landegger, 277 B.R. 181 (Bankr.S.D.N.Y.2002) (granting motion to compel arbitration of fraud claims, but not fraudulent transfer claims brought pursuant to section 544(b) of the Bankruptcy Code). In Allegaert, the district court granted the defendants’ motion to stay the trustee’s action against 20 defendants and required that the claims be arbitrated. The trustee’s complaint included fraudulent transfer claims brought under the Bankruptcy Act and various claims for alleged securities violations. The Court of Appeals reversed and remanded, specifically conc uth, Inc., 473 U.S. 614, 105 S.Ct. 3346, 87 L.Ed.2d 444 (1985) (<HOLDING>); MBNA Am. Bank, N.A. v. Hill, 436 F.3d 104, Options: A. holding that claims under the securities act of 1933 were arbitrable under a predispute arbitration agreement B. holding that antitrust claims arising out of an international commercial transaction were arbitrable despite the fact that they were not specifically mentioned in the arbitration clause C. holding that tort claims were arbitrable because they arose out of and were related to contract D. holding that antitrust claims were arbitrable under a broad arbitration clause even though the claims concerned matters beyond the making of a particular contract between the parties and the performance of its terms E. holding a challenge of unconscionability to the whole contract as opposed to the arbitration provision specifically is an arbitrable matter not properly considered by the court

assistant: The best answer is B. holding that antitrust claims arising out of an international commercial transaction were arbitrable despite the fact that they were not specifically mentioned in the arbitration clause
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 Restricted Stock Award shall be subject to the fulfillment during the Restricted Period of such conditions, including performance objectives, if any, as the Committee may specify at the date of grant, which conditions may lapse separately or in combination at such times, under such circumstances, in such installments or otherwise, as the Committee may determine. During the Restricted Period, the Participant shall have such rights of ownership in or with respect to the Restricted Stock as set forth in the Award Agreement, subject to Section 6(b)(ii) below concerning dividends.

assistant: Terms
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: having the same serial number as the one that was missing from his home. 7 Branch testified that he kept “.357 magnum, 158 grains semi-wadcutters” as ammunition for his revolver. 8 The defendant’s first argument encompasses numbers 1, 10, and 11 of his assignments of error. All references to the defendant’s assignments of error are to those that he originally filed rather than to the assignments of error as the defendant renumbered them in his brief. Although the defendant filed 17 assignments of error in this Court, he argued on brief only 10 of them. The assignments of error that he did not argue, and that we will therefore not consider, are numbers 6, 8, 9, 12, 15, 16, and 17. See Quesinberry v. Commonwealth, 241 Va. 364, 370, 402 S.E.2d 218, 222, cert, denied, 502 U.S. 834 (1991) (<HOLDING>). 9 Although the defendant stated at trial that Options: A. holding assignments of error not argued on brief are waived for purposes of appeal B. holding that claims made but not argued in a brief are waived C. holding that issues not argued in initial brief are deemed waived D. holding issues that are not specifically raised and argued in a partys opening brief are waived E. holding issues which are not specifically raised and argued in a partys opening brief are waived

assistant: The best answer is A. holding assignments of error not argued on brief are waived for purposes of appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: failure of the company to act on or enforce any provision of this eula will not be construed as a waiver of that provision or any other provision in this eula .

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: At the Closing, the Company’s obligation with respect to the transactions contemplated by this Agreement is to reimburse Buyer’ expenses shall be $3,000.00 for Buyer’s legal fees and due diligence fee.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you further acknowledge that , by acceptance of your submission , crowdtangle does not waive any rights to use similar or related ideas previously known to crowdtangle , or developed by its employees , or obtained from sources other than you .

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 case excerpt and choose the best holding from the options. Case excerpt: Court also found that the cause of the delay was the government’s failure to follow up on its proposed plea offers and Holub’s failure to communicate his rejections of the offers to the government. Ibid. The Court further found that Holub had not been prejudiced by the delay and that the government had no history of delaying trials in that area. Id. at 30. For those reasons, the Court held that dismissal without prejudice was appropriate. Its holding is not an abuse of discretion. VII. Next, the defendants challenge their sentences on various grounds. One of Wiley’s contentions—that hearsay introduced at the sentencing hearing violated his right of confrontation under the Sixth Amendment— was disposed of by our decision in United States v. Wise, 976 F.2d 393 (8th Cir.1992) (en banc) (<HOLDING>), cert. denied, — U.S. -, 113 S.Ct. 1592, 123 Options: A. holding that any confrontation right is found in the fourteenth amendments due process clause not the confrontation clause of the sixth amendment B. holding that confrontation clause protections do not extend to sentencing hearings C. holding that the confrontation clause applies only to trials and not to sentencing hearings D. holding that the confrontation clause does not apply to the sentencing hearing E. holding confrontation clause inapplicable at sentencing

assistant: The best answer is D. holding that the confrontation clause does not apply to the sentencing hearing
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Companies has the requisite limited partnership power and authority to execute and deliver this Agreement, and to perform its obligations hereunder and to consummate the transactions contemplated hereby. The execution and delivery of this Agreement by each of the Companies, and the performance by each of the Companies of its obligations under this Agreement, have been duly and validly authorized by all necessary limited partnership action. This Agreement has been duly and validly executed and delivered by each of the Companies. This Agreement constitutes the legal, valid and binding obligation of each of the Companies, enforceable against the Companies in accordance with its terms (except to the extent that enforceability may be limited by applicable bankruptcy, insolvency, moratorium, reorganization or similar Laws affecting the enforcement of creditors' rights generally or by general principles of equity).

assistant: Authority
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: Notices, consents and other communications provided for herein shall (except as otherwise expressly permitted herein) be in writing and given as provided in Section 9.01 of the Credit Agreement. Communications and notices to any Guarantor shall be given to it at its address set forth in Schedule A hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and its Subsidiaries have good and marketable title in fee simple to all real property and good and marketable title to all personal property owned by them which is material to the business of the Company and its Subsidiaries, in each case free and clear of all liens, encumbrances and defects except as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. Any real property and facilities held under lease by the Company or any of its Subsidiaries are held by them under valid, subsisting and enforceable leases except as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

assistant: Titles
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 term (the " Term ") of Employee's employment hereunder shall commence on the Effective Date and shall expire on December 31, 2017, unless sooner terminated in accordance with Section 6. Neither Employer nor Employee shall have any obligation to extend or renew this Agreement. In the event that Employee's employment has not theretofore been terminated and Employer neither offers to extend or renew Employee's employment under the Agreement nor offers Employee an opportunity to serve as a consultant to the Employer, then following the expiration of the Term Employer shall continue to pay Employee his salary as provided for in Section 5.2 during the one-year period ending December 31, 2018.

assistant: Terms
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 SEC Reports include a true and complete list of each of the Subsidiaries and their respective jurisdictions of organization. Except as set forth on Schedule 3.2 , the Company owns, directly or indirectly, all of the capital stock or other equity interests of each Subsidiary free and clear of any Liens, and all of the issued and outstanding shares of capital stock of each Subsidiary are validly issued and are fully paid, non-assessable and free of preemptive and similar rights to subscribe for or purchase securities. Except as set forth on Schedule 3.2 , neither the Company nor any Subsidiary is a participant in any joint venture, partnership or similar arrangement, except for the Company’s arrangement with DBD Credit Funding, LLC, as described in the SEC Reports.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be terminated at the option of either party (i) immediately upon a Change of Control or (ii) upon 60 days written notice without cause or penalty (in either case, if termination is by the Trust, then such termination shall be upon the approval of a majority of the Independent Trustees). Notwithstanding the foregoing, the provisions of this Agreement which provide for payment to the Advisor of expenses, fees or other compensation following the Termination Date ( i.e. , Section 4.03) shall continue in full force and effect until all amounts payable thereunder to the Advisor are paid in full. The provisions of Sections 4.03 through 5.02 shall survive the termination of this Agreement.

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: This Amendment may be executed in any number of counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. Delivery of an executed counterpart of a signature page of this Amendment by facsimile transmission or electronic imaging means shall be as effective as delivery of a manually executed counterpart hereof.

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: extent recognized by applicable nonbankruptcy law; 11 U.S.C. § 1325(a)(5). Courts believing that this statute prohibits lien avoidance in chapter 20 cases have focused on Section 1325(a)(5)(B)(i). “Code section 1325(a)(5) requires that [the chapter 13 plan] provide that the holder of a secured claim retain the lien securing the claim until the earlier of the payment of the underlying debt determined under nonbankruptcy law or discharge under section 1328.” Fenn, 428 B.R. at 500. If the debtor is not eligible for a chapter 13 discharge due to a previous chapter 7 discharge, the avoidance cannot occur, because lien “avoidance occurs at discharge.” Id. Considering the statutory text, it would seem that a prerequisite to the application of Section 1325(a)(5)(B) is that t ankr.E.D.Cal.2011) (<HOLDING>). Accordingly, these unsecured creditors’ Options: A. holding that where there was no value in the collateral to secure the claim after application of section 506a creditor did not hold a secured claim and therefore lacked basis for asserting rights under 11 usc 1325a5 B. holding that if claim is not an allowed secured claim pursuant to section 506a by its terms section 1325a5b is inapplicable C. holding that because creditors claim was unsecured after application of section 506a and because section 1325a5 does not apply to unsecured claims creditors lien could properly be avoided D. holding that the meaning of allowed secured claim in 506a does not determine the meaning of allowed secured claim in 506d E. holding that by virtue of section 1325a5 holder of secured claim retains the lien until the underlying debt is paid in full

assistant: The best answer is A. holding that where there was no value in the collateral to secure the claim after application of section 506a creditor did not hold a secured claim and therefore lacked basis for asserting rights under 11 usc 1325a5