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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 519 U.S. 59117 S.Ct. 466136 L.Ed.2d 369 In re Maria Luisa Costell GAYDOS. No. 96-5831. Supreme Court of the United States Dec. 2, 1996. PER CURIAM. 1 Pro se petitioner Maria L. Gaydos seeks leave to proceed in forma pauperis and requests this Court to issue a writ of mandamus ordering (1) the Clerk of the District Court for the District of New Jersey to file her Freedom of Information Act (FOIA) lawsuit challenging this Court's orders in 10 previous cases in which Gaydos was denied leave to proceed in forma pauperis under this Court's Rule 39.8;* (2) the disqualification of William T. Walsh, Clerk of the District Court, and William K. Suter, Clerk of this Court; and (3) the issuance of summons under Fed. Rule Civ. Proc. 4. In the alternative, she asks this Court to exercise its original jurisdiction over her FOIA suit because her complaint concerns this Court's orders. 2 We deny petitioner's requests. Petitioner is allowed until December 23, 1996, within which to pay the docketing fees required by Rule 38 and to submit her petition in compliance with Rule 33.1. For the reasons discussed below, we direct the Clerk of the Court not to accept any further petitions for certiorari or for extraordinary writs in noncriminal matters from petitioner unless she first pays the docketing fee required by Rule 38 and submits her petition in compliance with Rul e 33.1. 3 Petitioner has a history of frivolous, repetitive filings. She has been denied leave to proceed in forma pauperis 10 times, and she has filed at least 8 other petitions. This most recent petition is nearly incomprehensible, and alludes to, among other things, fraud by the staff of this Court and impending impeachment proceedings against Clerks Walsh and Suter in the House of Representatives. We also note that the relief she purports to seek has already been granted: The District Court docketed petitioner's FOIA complaint as Case No. 96-CV-42435 on September 9, 1996, and promptly dismissed it ''in its entirety'' the following week. 4 We enter the order barring future in forma pauperis filings for the reasons discussed in Martin v. District of Columbia Court of Appeals, 506 U.S. 1, 113 S.Ct. 397, 121 L.Ed.2d 305 (1992). Because petitioner has limited her abuse of our processes to noncriminal cases, we limit our sanction accordingly. 5 It is so ordered. 6 Justice STEVENS, dissenting. 7 For reasons previously stated, see Martin v. District of Columbia Court of Appeals, 506 U.S. 1, 4, 113 S.Ct. 397, 398, 121 L.Ed.2d 305 (1992), and cases cited, I respectfully dissent. * Rule 39.8 provides: ''If satisfied that a petition for a writ of certiorari, jurisdictional statement, or petition for an extraordinary writ . . . is frivolous or malicious, the Court may deny a motion for leave to proceed in forma pauperis. ''

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall have the right to satisfy any obligation of the Company to withhold taxes or other amounts with respect to the Vested Performance Stock Units by withholding Shares otherwise deliverable to the Employee with respect to the Vested Performance Stock Units having a Fair Market Value equal to the amount of such tax or other withholdings, provided that the amount will not result in liability accounting for the Company. Furthermore, the Company may elect to deduct from any cash payment made to the Employee pursuant to this Agreement the amount of any taxes or other amounts which the Company is or will be required to withhold with respect to such cash payment.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: degradation and that Toyobo’s manufacturing process was not functioning properly); ¶ 67 (alleging that Toyobo omitted from report on Zylon degradation in extreme conditions data reflecting degradation in non-extreme conditions).) These misrepresentations tainted all of the vest manufacturers’ claims for payment from the government, as the government has alleged that “the Zylon fiber [Toyobo] sold for use in Zylon body armor was defective and degraded more quickly than Toyobo and the Zylon Vest Manufacturers represented[,]” and “[a]s a result ..., the United States paid for defective Zylon body armor.” (Id. ¶ 1.) Thus, the complaint states a § 3729(a)(1) claim under a fraudulent inducement theory. See Honeywell, 798 F.Supp.2d at 22, 2011 WL 2672624, at *6; Westrick, 685 F.Supp.2d at 137 (<HOLDING>). The government has set out in detail the Options: A. holding the government was required by law to correct a defendants misrepresentations at a sentencing hearing and doing so did not violate the plea agreement B. holding that government pled sufficiently an fca claim by alleging that defendants misrepresentations about zylon degradation induced the government to pay claims for payment C. holding that an assignment was recognized by the government because the government issued a check made payable to the assignee as payment under the contract D. holding that the government can use prearrest silence for impeachment purposes against a defendant because no government action induced the silence E. holding that the term claim was not limited to claims submitted for payments due and owing from the government but included claims for favorable action by the government upon applications for loans

assistant: The best answer is B. holding that government pled sufficiently an fca claim by alleging that defendants misrepresentations about zylon degradation induced the government to pay claims for payment
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 provisions of this Agreement shall be construed in accordance with the laws of Texas, except to the extent preempted by federal law and except to the extent that the conflicts of law provisions of the State of Texas would require the application of the relevant law of another jurisdiction, in which event the relevant law of the State of Texas will nonetheless apply, with venue for litigation being in Houston, Texas.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement shall commence on the Effective Date and shall continue in full force and effect until the end of the Research Program Term and, if Abbott is Developing a Candidate or Commercializing a Product arising out of the Research Program, thereafter until (a) such time as Abbott is no longer Developing a Candidate for use in the Field and in the Territory or (b) if, as of the time Abbott is no longer Developing any Candidates, Abbott is Commercializing a Product, until such time as all Royalty Terms for all Products and all Co-Development Terms for all Co-Developed Products have ended, unless earlier terminated in accordance with the provisions of this Article 11 (the “ Term ”).

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: Executive represents and warrants that the performance by Executive of Executive’s duties hereunder will not violate, conflict with, or result in a breach of any provision of any agreement to which Executive is a party, including any obligations to refrain from competition, solicitation of customers or employees, or to refrain from use of confidential information. In the Executive’s work for the Employer, the Executive will be expected to abide by all such contractual commitments and not to make any unauthorized disclosure or use, and the Executive will not disclose or make use, of any information in violation of any agreements with or rights of his prior employer or any other party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The table of contents and the titles and headings of the articles and sections of this Indenture have been inserted for convenience of reference only, are not to be considered a part hereof, and shall in no way modify or restrict any of the terms or provisions hereof.

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 legal provision and list the applicable contract clause categories. Provision: Party B maintains, and has caused each Subsidiary to maintain, with financially sound and reputable insurance companies insurance on all their real and personal property, in such amounts, with such deductibles and covering such properties and risks as is set forth on Exhibit 13(c).

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: Unless the context otherwise requires, as used in this Schedule I-B , (a) references to Articles and Section refer to the Articles and Sections of this Schedule I-B and (b) capitalized terms not otherwise defined in this Schedule I-B have the meanings given to such terms in the Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Lenders severally agree to indemnify each Agent in its capacity as such and each of its Related Persons (to the extent not reimbursed by the Borrowers or the Guarantors and without limiting the obligation of the Borrowers or the Guarantors to do so), ratably according to their respective outstanding Loans and Commitments in effect on the date on which indemnification is sought under this Section 10.09 (or, if indemnification is sought after the date upon which all Commitments shall have been terminated and the Loans shall have been paid in full, ratably in accordance with such outstanding Loans and Commitments as in effect immediately prior to such date), from and against any and all liabilities, obligations, losses, damages, fines, penalties, actions, claims, suits, judgments, litigations, investigations, inquiries or proceedings, costs, expenses or disbursements of any kind whatsoever that may at any time (whether before or after the payment of the Loans and Reimbursement Obligations) be imposed on, incurred by or asserted against such Agent or Related Person in any way relating to or arising out of, the Commitments, the Loans, this Agreement, any of the other Loan Documents or any documents contemplated by or referred to herein or therein, the Transactions or any of the other transactions contemplated hereby or thereby or any action taken or omitted by such Agent or Related Person under or in connection with any of the foregoing (IN ALL CASES, WHETHER OR NOT CAUSED OR ARISING, IN WHOLE OR IN PART, OUT OF THE COMPARATIVE, CONTRIBUTORY OR SOLE NEGLIGENCE OF ANY AGENT OR RELATED PERSON); provided , that no Lender shall be liable for the payment of any portion of such liabilities, obligations, losses, damages, fines, penalties, actions, claims, suits, judgments, litigations, investigations, inquiries or proceedings, costs, expenses or disbursements that are found by a final and non-appealable judgment of a court of competent jurisdiction to have directly resulted solely and directly from such Agent’s or Related Person’s, as the case may be, gross negligence or willful misconduct. The agreements in this Section 10.09 shall survive the payment of the Loans and all other amounts payable hereunder and the termination of the Commitments.

assistant: Indemnifications
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: in no event will any company party be liable for any special , indirect , punitive , incidental or consequential damages , lost profits , or damages resulting from lost data or business interruption resulting from , or in connection with , the use or inability to use the service and any content thereon , whether based on warranty , contract , tort ( including negligence ) , or any other legal theory , even if such company party has been advised of the possibility of such damages .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of proving that the interview notes are subject to the attorney-client privilege because they have not proven that Jim Sullivan and Michael Knott were interviewing Caproni, Coyle, and Sullivan in their capacity as Sciumeca’s Team members instead of IA Team members. In addition, any IA Team investigation would necessarily be conducted in the ordinary course of business as there are 1500 incident analysis investigations a year; therefore, National Grid has not met its burden of proving that the interview notes are subject to the protection of the work product doctrine. See Shotwell, 26 Mass.App.Ct. at 1016 (indicating that when the work product is prepared in “the ordinary line of business and duty,” it is not protected by the work product doctrine); see also Adlman, 134 F.3d at 1202 (<HOLDING>). 7 This case is similar to Soeder v. General Options: A. holding that documents that are created in the ordinary course of business or would have been created irrespective of litigation are not protected by the work product doctrine B. holding that the work product doctrine applied to a document prepared in anticipation of litigation and was therefore protected from disclosure under foia exemption 5 C. holding that certain dual purpose documents created in response to the epa information request and consent order were protected from discovery by the work product doctrine as they were created because of potential litigation with the epa D. holding that documents that were not created by but that were received maintained and relied upon by a business are business records under 8036 E. holding that the interest must be that created by a claim to the demand in suit or some part thereof which is the subject of litigation

assistant: The best answer is A. holding that documents that are created in the ordinary course of business or would have been created irrespective of litigation are not protected by the work product doctrine
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 shall use the net proceeds from the sale of the Securities hereunder as described in the Prospectus Supplement and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) for the redemption of any Common Stock or Common Stock Equivalents, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

assistant: Use Of Proceeds
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 whether there was substantial evidence in the record to support such a finding. 29 U.S.C. § 160(e); see Universal Camera Corp., 340 U.S. at 488, 71 S.Ct. 456; Beverly Farm Found., 144 F.3d at 1051. In this case, Jet Star claims that it discharged Krueger because he was abusing the equipment by starting trucks in too high a gear. Yet when Smith and Mulligan allegedly saw Krueger exit the parking lot in fourth or fifth gear on March 10, 1997, Krueger was not called back to work nor was he prevented from making a second delivery that day. Moreover, Krueger was never formally warned about the potential consequences of abusing the trucks, and was discharged without even a cursory investigation into the reported misconduct. See NLRB v. Advance Transp. Co., 979 F.2d 569, 574 (7th Cir.1992) (<HOLDING>). While this evidence is not conclusive as to Options: A. holding employer statements of policy can give rise to contractual rights without evidence of mutual agreement B. holding that failure to record an assignment does not give rise to a cause of action C. holding that evidence of a cursory investigation can give rise to an inference of an unlawful motive D. holding that the timing of a discharge may indicate the existence of an unlawful motive E. holding that the hiring and firing of an employee by the same actor within a period of a few years gives rise to an inference that age discrimination was not the motive behind the termination

assistant: The best answer is C. holding that evidence of a cursory investigation can give rise to an inference of an unlawful motive
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 has made available to Parent prior to the date of this Agreement true, correct and complete copies of the Company’s director and officer insurance policies. The insurance policies held by the Company provide adequate coverage for all normal risks incident to the business of the Company and its Subsidiaries and their respective properties and assets, except for any such failures to maintain such policies that would not, individually or in the aggregate, reasonably be likely to have a Company Material Adverse Effect. Each such policy is in full force and effect and all premiums due with respect to all such policies have been paid, with such exceptions that would not, individually or in the aggregate, reasonably be likely to have a Company Material Adverse Effect. Neither the Company nor any of its Subsidiaries have received notice of cancellation of any such insurance policy or is in breach of, or default under, any such insurance policy. To the Knowledge of the Company, there is no claim by the Company or any of its Subsidiaries pending under any such insurance policy as to which coverage has been questioned, denied or disputed by the underwriters of such policies that would be material to the Company and its Subsidiaries, taken as a whole.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The effectiveness of this Agreement is conditioned upon the closing of the Merger prior to December 31, 2016, and this Agreement shall be void and of no further force or effect if the Merger is not consummated on or before such date.

assistant: Effectiveness
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: 395 U.S. 209 89 S.Ct. 1767 23 L.Ed.2d 212 Frances MATTIELLOv.CONNECTICUT. No. 150. Supreme Court of the United States May 26, 1969 Robert N. Grosby, Norwalk, Conn., for appellant. George F. Carroll, Jr., Norwalk, Conn., for appellee. PER CURIAM. 1 The appeal is dismissed for want of a properly presented federal question.

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: provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted respecting proceedings under section 1229a of this title.” 6 . In past cases, we have held that service of a hearing notice on an alien's counsel, and not on the alien himself, may be a sufficient means of providing notice of the time and location of removal proceedings. See, e.g., Garcia v. INS, 222 F.3d 1208 (9th Cir.2000) (per curiam) (finding no due process violation when notice was personally served on petitioner’s counsel at the conclusion of a master calendar hearing). We have never held the converse, however: that serving a hearing notice on an alien, but not on his counsel of record, is sufficient. Cf. Dobrota v. INS, 311 F.3d 1206 (9th Cir.2002) (<HOLDING>). Nor have we resolved the regulation’s meaning Options: A. holding that the failure to notify aliens counsel of an order to appear for deportation violated the aliens statutory right to counsel B. holding that an aliens express waiver of his right to appeal to the bia deprives this court of jurisdiction to consider the aliens subsequent petition for review C. holding that due process rights were not violated when alien claimed a lack of actual notice but his attorney received notice D. holding that the inss mailing a hearing notice to an aliens last known address but not to his attorney violated the aliens due process rights because the alien reasonably relied on statutory and regulatory language not relevant here that suggested his counsel would receive copies of all such notices E. holding that we could not review an aliens colorable due process claim that an ij was not impartial because the alien raised the claim for the first time on appeal

assistant: The best answer is D. holding that the inss mailing a hearing notice to an aliens last known address but not to his attorney violated the aliens due process rights because the alien reasonably relied on statutory and regulatory language not relevant here that suggested his counsel would receive copies of all such notices
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is reasonably ascertainable would allow a tortfeasor with knowledge of his or her potential liability to shift this burden to an unwary insurance company. Second, it adds certainty and predictability to a trigger of coverage analysis. Identifying the effects of actual injury is simpler and less involved than tracing injury to its probable cause. Finally, in the event the insurer eventually becomes insolvent, the insured is more likely to obtain coverage as the policy will be triggered at an earlier date, when injury first manifests. Thus, we hold, consistent with the first manifestation rule articulated in DAuria, that coverage is triggered under one of the Penn National policies when either bodily injury or property damage becomes reasonably apparent. See D'Auria, 507 A.2d at 861 (<HOLDING>) (emphasis in original). Application of the Options: A. holding that a person is seized when a reasonable person would have believed that he was not free to leave B. holding that the plaintiff did not establish a waiver where the defendants answer had put the plaintiff on notice of an arbitration defense C. holding that tobacco companies statements that they would report on the results of their research into the health effects of cigarettes were not an undertaking to warn customers of those effects D. holding that for a plaintiff to recover on claim of negligent hiring the negligent hiring of the employee must have been the proximate cause of the injury at issue E. holding an occurrence happens when the injurious effects of the negligent act first manifest themselves in a way that would put a reasonable person on notice of injury

assistant: The best answer is E. holding an occurrence happens when the injurious effects of the negligent act first manifest themselves in a way that would put a reasonable person on notice of injury
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: or otherwise rendered practically incapable of maritime transport.” 543 U.S. at 496, 125 S.Ct. at 1128. The Court stated that in determining whether a watercraft constitutes a “vessel” under § 3, “[t]he question remains in all cases whether the watercraft’s use ‘as a means of transportation on water’ is a practical possibility or merely a theoretical one.” Id. (citation omitted). The district court relied on Stewart for the proposition that a watercraft taken out of navigation is no longer a vessel. Stewart does mention that a ship’s navigational status is “relevant” to whether it is practically capable of transportation on water. 543 U.S. at 496, 125 S.Ct. at 1128. The Court does not, however, require that a ship be “in navigation” to be considered a “vessel” for purposes of 1 U 3 (<HOLDING>). In fact, it is instructive that, in addition Options: A. holding that an assault on a seaman by his former maritime employer aboard a vessel in navigable waters had the potential to disrupt maritime commerce because it ren dered the seaman unable to fish B. holding that a ship whose powers of selfnavigation were practically irreparable and that was towed to a repair facility to be converted into an artificial reef was a vessel subject to maritime liens because it could be towed and carry a crew and cargo C. recognizing equitable powers necessary and appropriate to carry out the provisions of this title D. holding that a houseboat is a vessel capable of being subject to a maritime lien as the fact that she has no motive power and must be towed does not deprive her of the status of a vessel E. holding that a party who lends money to be used in the repairs of a vessel or to furnish the vessel with supplies does not have a privilege against the vessel

assistant: The best answer is B. holding that a ship whose powers of selfnavigation were practically irreparable and that was towed to a repair facility to be converted into an artificial reef was a vessel subject to maritime liens because it could be towed and carry a crew and cargo
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 representations and warranties made in this Agreement will survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby notwithstanding any investigation at any time made by or on behalf of any party hereto until the date that is one year after the Closing Date and the covenants shall survive in accordance with their specific terms; provided , however , the representations and warrants contained in Sections 2(b) , (c) , (e) , (f) and (h) and Sections 3(a) , (b) and (i) shall survive indefinitely.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: by listing information relevant to travel to particular international destinations , tripadvisor does not represent or warrant that travel to such points is advisable or without risk , and is not liable for damages or losses that may result from travel to such destinations .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In performing its obligations under this Agreement, the Administrator may enter into transactions or deal with any of its Affiliates. This Agreement will not prevent the Administrator or its Affiliates from engaging in other businesses or from acting in a similar capacity as an administrator for any other Person even though that Person may engage in activities similar to those of the Issuer.

assistant: Transactions With Affiliates
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: rebut an essential element of the plaintiffs case by proof of other facts. Id. The instruction is most often used to inquire about the causal effect of some physical condition or circum stance such as fog, snow, sleet, wet or slick pavement, or obstruction of view or to resolve a case involving a very young child who is legally incapable of negligence. Reinhart, 906 S.W.2d at 472. It is within the trial court’s discretion to submit an unavoidable accident instruction when the evidence supports the conclusion that no one was negligent. Accord In re V.L.K., 24 S.W.3d 338, 340 (Tex.2000) (explaining that trial court’s decision to submit or to refuse a particular jury instruction is reviewed under an abuse of discretion standard); La.-Pac. Corp. v. Knighten, 976 S.W.2d 674, 676 (Tex.1998) (<HOLDING>). Here, although the trial court did not submit Options: A. recognizing that a district attorney must have reasonable latitude in fairly presenting a case to the jury and that the trial judge must have reasonable discretion in deciding whether the bounds of propriety have been exceeded B. recognizing that trial court possesses considera ble discretion to determine necessary and proper jury instructions C. holding that a jury is presumed to follow the trial courts instructions D. recognizing that trial courts have great latitude and considerable discretion to determine necessary and proper jury instructions E. holding that trial court retains wide latitude and considerable discretion to limit crossexamination internal quotation marks omitted

assistant: The best answer is D. recognizing that trial courts have great latitude and considerable discretion to determine necessary and proper jury instructions
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 Parent and each member of the Controlled Group have fulfilled their obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and are in compliance in all material respects with the presently applicable provisions of ERISA and the Code, and have not incurred any liability to the PBGC or a Plan under Title IV of ERISA (other than to make contributions or premium payments in the ordinary course).

assistant: Erisa
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: Rollin M. Perkins & Ronald N. Boyce, Criminal Law 108 (3d ed. 1982); Charles E. Torcía, Warton’s Criminal Law § 168 (15th ed. 1994). As with the felony-murder rule in New Mexico, the involuntary-manslaughter statute does not contain any mention of a culpable state of mind or culpable degree of conduct. Under an unmodified and traditional misdemeanor-manslaughter rule and a strict reading of Section 30-2-3(B), the violation of any misdemeanor would be a sufficient predicate for involuntary manslaughter. In felony murder, however, we have held that a strict reading of the “any felony” language of that statute, NMSA1978, § 30-2-1(A)(2) (Repl.Pamp.1994), is inappropriate. E.g., State v. Ortega, 112 N.M. 554, 562-66, 817 P.2d 1196, 1204-08 (1991). To presume conclusively that o , 579 (1987) (<HOLDING>); Commonwealth v. Busler, 445 Pa. 359, 284 A.2d Options: A. holding the state must prove that at the time of the homicide the defendant was engaged in the commission of the felony B. holding that the state must prove criminal negligence for its homicide by vehicle statute even though the statute specifically states that any traffic violation is sufficient C. holding that under rico plaintiff must prove an injury because of violation of statute D. holding that a violation of a rightofway statute is negligence as a matter of law E. holding that a violation of a statute governing the changing of traffic lanes by motor vehicles is negligence as a matter of law

assistant: The best answer is B. holding that the state must prove criminal negligence for its homicide by vehicle statute even though the statute specifically states that any traffic violation is sufficient
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 waiver by the Parties of any breach or default, or series of breaches or defaults, of any term, covenant, or condition herein shall not be deemed a waiver of any subsequent or continuing breach or default of the same or any other term, covenant, or condition contained in this Agreement. No such waiver shall be effective unless set forth in a writing signed by the Party being charged with the waiver.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed simultaneously in any number of counterparts, each of which will be deemed an original, but all of which will constitute one and the same instrument. For purposes hereof, facsimile and electronically scanned pdf copies hereof and facsimile and electronically scanned pdf signatures hereof shall be authorized and deemed effective.

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: to authority that supports their view of the law, something of which courts do have a fondness — though its absence here may be because the available authority is to the contrary. First, the premise. The hypothesized distinction between “common-law” takings and “eminent-domain takings” is a verbal joust without substance. The fundamental idea that there is a right for every wrong, the jurisprudential basis for torts and contract wrongs, arises from early common law decisions. See 3 William Blackstone, Commentaries *23, *109. Its application is universal, in the sense that such wrongs can be committed by private parties as well as by governments, although governments may be able to escape their duty to pay by hiding behind the sovereign immunity doctrine. The presence or ab 1999) (<HOLDING>); Preseault v. United States, 100 F.3d 1525 Options: A. holding that government placement of groundwater monitoring wells was a taking B. holding that a cause of action for an unconstitutional taking accrues at the time the taking occurs C. holding that inverse condemnation claim challenging as a regulatory taking the states placement of a guard rail that blocked former access was not ripe for adjudication where owners had failed to apply for permit for alternative approach and it therefore was not possible to assess whether a taking had occurred as a result of a deprivation of all reasonable access D. holding medical monitoring claim was merely component of damages E. holding that the federal government was liable for a taking of property where city of burlington acted under federal authority

assistant: The best answer is A. holding that government placement of groundwater monitoring wells was a taking
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: for example , if you started your subscription on january 31st , your next payment date is likely to be february 28th , and your payment method would be billed on that date .

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: Pledgor (i) is duly organized, validly existing and in good standing under the laws of its jurisdiction of formation, has the same legal name as it appears in Pledgor’s organizational documents and (ii) has all powers and all governmental licenses, authorizations, registrations, permits, consents and approvals required under all applicable laws and required in order to carry on its business as now conducted.

assistant: Existence
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 representations and warranties made in this Third Amendment, including any Loan Document furnished in connection with this Third Amendment, shall survive the execution and delivery of this Third Amendment and the other Loan Documents, and no investigation by the Agent or any closing shall affect the representations and warranties or the right of the Agent to rely upon them.

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: the claims alleged here. The Supreme Court refuses to recognize standing based on a plaintiffs status merely as a taxpayer, absent special circumstances. Ariz. Christian Sch. Tuition Org. v. Winn, 563 U.S. 125, 131 S.Ct. 1436, 1442, 179 L.Ed.2d 523 (2011). The Supreme Court “has rejected the general proposition that an individual who has paid taxes has a ‘continuing, legally cognizable interest in ensuring that those funds are not used by the Government in a way that violates the Constitution.’ ” Id. at 1442-43 (quoting Hein v. Freedom From Religion Found., Inc., 551 U.S. 587, 599, 127 S.Ct. 2553, 168 L.Ed.2d. 424 (2007)). This is known as the “rule against taxpayer standing.” Id. at 1443; see also DaimlerChrysler Corp. v. Cuno, 547 U.S. 332, 346, 126 S.Ct. 1854, 164 L.Ed.2d 589 (2006) (<HOLDING>). There is, however, a “narrow exception” to Options: A. holding the rule against taxpayer standing applies both to federal taxpayers and state taxpayers challenging state tax or spending decisions simply by virtue of their status as state taxpayers B. holding that taxpayers failure to follow state requirement that he report change in federal income tax did not except state tax liability from discharge C. recognizing that taxpayers are not entitled to interest on cash bonds D. holding that an appeal by taxpayers in a lawsuit seeking to enjoin the government from collecting income tax deficiencies was mooted because the taxpayers had paid the deficiencies pending the appeal E. holding that the nature of the taxpayers legal interest in the subject property is determined by reference to state law

assistant: The best answer is A. holding the rule against taxpayer standing applies both to federal taxpayers and state taxpayers challenging state tax or spending decisions simply by virtue of their status as state taxpayers
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: no active conduct. Rasmussen, 349 B.R. at 757. Consequently, under the equity theory, the appreciation in the value of the Fehmels’ property could be excluded from § 522(p)(1)’s cap, if it were passively acquired. However, the district court concluded that it could affirm the bankruptcy court without formally adopting either the title or equity interpretation, as even under the equity theory, the Fehmels were only entitled to an exemption of $273,750. The court found that the $325,000 appreciation in the value of the Lampasas property was likely attributable to the Fehmels’ active investments improving the property. See Rogers, 513 F.3d at 222 (assuming that equity acquired due to improving property would be subject to cap); In re Presto, 376 B.R. 554, 581-82 (Bankr.S.D.Tex.2007) (<HOLDING>). Therefore, since the appreciation in the Options: A. holding he who seeks equity must do equity B. holding that the formula in section 522f2a creates equity for purposes of lien avoidance even if debtors otherwise have no equity in the property C. holding that equity acquired due to improving property is subject to cap D. holding that tjhere is a strong legal presumption that all property acquired during marriage is community property E. holding that a retained equity interest is property even if it has no market value

assistant: The best answer is C. holding that equity acquired due to improving property is subject to cap
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 shall pay all Registration Expenses incurred in connection with each registration requested pursuant to this Section 2.4. Investor shall bear such its proportionate share (based upon the total number of shares sold in such registration other than for the account of the Company) of any Selling Expenses incurred in connection with such registration of securities.

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 case excerpt and choose the best holding from the options. Case excerpt: 38 . See, e.g., In re Rodriguez, 99 S.W.3d 825 (Tex.App.-Amarillo 2003, orig. proceeding), mand. denied, In re Woman's Hosp. of Tex., Inc., 141 S.W.3d 144 (Tex.2004) (denying mandamus relief but stating that "a remedy by direct appeal was inadequate and mandamus would be available in a proper case”); In re Morris, 93 S.W.3d 388, 390 (Tex.App.Amarillo 2002, orig. proceeding) (denying mandamus relief but stating that "because the statute expressed a specific purpose of addressing frivolous claims filed against medical practitioners by requiring dismissal if a proper expert report was not filed, a remedy by direct appeal was inadequate and mandamus would be available in a proper case”); In re Hendrick Med. Ctr., Inc., 87 S.W.3d 773, 775 n. 3 (Tex.App.-Eastland 2002, orig. proceeding) (<HOLDING>); In re Collom & Carney Clinic Ass’n, 62 S.W.3d Options: A. holding that trial court did not abuse its discretion by granting such a temporary injunction B. holding that to grant a writ of mandamus a court in the exercise of its discretion must be satisfied that the writ is appropriate under the circumstances C. holding that the trial court did not abuse its discretion in granting a 30day grace period but noting that ajlthough we do not reach the question of whether relators have an adequate remedy at law see in re collom for a discussion of this requirement for a writ of mandamus D. recognizing petitioner for writ of mandamus must demonstrate clear legal right to the act sought to be compelled and no other plain speedy and adequate remedy in the ordinary cause of law and stating mandamus may not be issued to compel an officials discretionary acts E. holding in part that the trial court abused its discretion in granting a temporary injunction in the absence of a showing that the plaintiff did not have an adequate remedy at law

assistant: The best answer is C. holding that the trial court did not abuse its discretion in granting a 30day grace period but noting that ajlthough we do not reach the question of whether relators have an adequate remedy at law see in re collom for a discussion of this requirement for a writ of mandamus
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 13.(a)(iii) , no consent, waiver, approval or authorization is required from any person (that has not already been obtained) in connection with the execution and delivery of this Agreement by Seller or the performance by Seller of the transactions contemplated hereby.

assistant: Consents
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: some of our services may include reviews , discussion forums , conversation pages , blogs or other interactive areas or social features that allow you and other athletes to post user-generated content and interact with one another ( `` interactive areas '' ) .

assistant: None