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: for such security with interest thereon, less the amount of any income received thereon, ... or for damages if he no longer owns the security,” 15 U.S.C. § 77l (a), there can be no recovery unless the purchaser has suffered a loss. In re Broderbund/Learning Co. Sec. Litig., 294 F.3d 1201, 1205 (9th Cir.2002). “That is to say, what the purchaser is entitled to is ‘a return of the consideration paid, reduced by the amount realized when he sold the security and by any “income received” on the security.’ ” Id. (citing Randall v. Loftsgaarden, 478 U.S. 647, 656, 106 S.Ct. 3143, 92 L.Ed.2d 525 (1986) (citation omitted)). Causation, however, is not a necessary element of a prima facie case under section 12 of the Securities Act. See Casella v. Webb, 883 F.2d 805, 808 & n. 8 (9th Cir.1989) (<HOLDING>). The district court failed to reach the issue Options: A. holding that the alleged misrepresentations concerning the transaction fees charged by a broker did not concern the value of a security or the consideration received B. holding that termite damage does not fall within the meaning of property damage in the policy because the alleged misrepresentations did not cause the damage the termites did C. holding that a plaintiff satisfied rule 9b by pleading which machines were the subject of alleged fraudulent transactions and the nature and subject of the alleged misrepresentations D. holding that if the alleged misrepresentations are material a plaintiff is entitled to recovery whether or not the misrepresentations caused the alleged damage E. holding that a principal does not have an action against his agent for indemnification based on the agents misrepresentations because the principal was not blameless in the misrepresentations made to the third parties

assistant: The best answer is D. holding that if the alleged misrepresentations are material a plaintiff is entitled to recovery whether or not the misrepresentations caused the alleged damage
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 Warrant and all actions arising out of or in connection with this Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to the conflicts of law provisions of the State of California or of any other state.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: sentence” theory. See id. II. CONCLUSION It was plain error to enhance Moreno-Florean’s sentence under § 2L1.2(b)(1)(A)(ii) because no Fifth Circuit case has held that the generic, contemporary meaning of “kidnapping” requires proof of only two elements discussed in Gonzalez-Ramirez and does not require proof of any of the specified purposes of the MPC definition. Furthermore, this error affected Moreno-Florean’s substantial rights because the COV enhancement substantially increased his offense level under the guidelines, and there is a reasonable probability that he received a higher sentence than we would have received without the enhancement. See United States v. Villegas, 404 F.3d 355, 365 (5th Cir.2005); see also United States v. Garza-Lopez, 410 F.3d 268, 275 (5th Cir.2005) (<HOLDING>). For these reasons, we will exercise our Options: A. holding that even if a defendant is able to show that there was a plain error that affected his substantial rights a court of appeals is not required to reverse a conviction unless it finds that the error seriously affected the fairness integrity or public reputation of judicial proceedings B. holding that a plain error did not seriously affect the fairness integrity or public reputation of the judicial proceedings even though the error was assumed to have affected substantial rights C. holding that because the district courts error resulted in the imposition of a senfence substantially greater than the maximum otherwise permitted under the sentencing guidelines the error affected the defendants substantial rights and the fairness of the judicial proceedings D. holding that because the district courts error resulted in the imposition of a sentence substantially greater than the maximum otherwise permitted under the sentencing guidelines the error affected the defendants substantial rights and the fairness of the judicial proceedings E. holding that erroneous enhancement for prior drugtrafficking offense resulting in a substantially different sentence affected the fairness of judicial proceedings

assistant: The best answer is E. holding that erroneous enhancement for prior drugtrafficking offense resulting in a substantially different sentence affected the fairness of judicial proceedings
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: income from the evidence it had before it. As the court stated, “the best evidence for the projection of Mr. Coghill’s 1990 income is the 1989 calendar year as the base period. The court adopts this as the only twelve month period for which the court has complete information.” The only other data the superior court had before it was data from the first quarter of 1990. Given the speculative nature of the 1990 evidence, the court did not abuse its discretion in adopting the 1989 figures. See Pugil v. Cogar, 811 P.2d 1062, 1067 (Alaska 1991) (upholding a determination of income based on an average of the non-custodial parent’s past income when the non-custodial parent worked in an industry where employment and income were erratic); Hartland v. Hartland, 777 P.2d 636, 640 (Alaska 1989) (<HOLDING>). That the superior court used the data from Options: A. holding that when a district court fails to provide reasons for imposing special conditions and the defendant fails to object we review for plain error B. holding that defendant forfeits right to have issue considered on appeal when he fails to object to misconduct at trial C. holding that a party who fails to provide sufficient evidence at trial for a valuation cannot object to the resulting valuation on the basis of inadequate evidence D. holding that a party who fails to provide sufficient evidence at trial cannot object to the resulting determination on the basis of inadequate evidence E. holding that a party who fails to introduce evidence of the specific value of the marital residence is estopped from appealing the distribution based on that absence of evidence

assistant: The best answer is C. holding that a party who fails to provide sufficient evidence at trial for a valuation cannot object to the resulting valuation on the basis of inadequate evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Section 5.13 of the Notes Collateral Agreement, upon the Termination Date, the security interest granted herein shall terminate and the Notes Collateral Agent shall execute, acknowledge, and deliver to the Grantors all instruments in writing in recordable form to evidence and release the collateral pledge, grant, assignment, lien and security interest in the Patent Collateral under 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: OZM hereby agrees to employ the Executive, and the Executive hereby accepts such employment, in each case, to be effective as of February 5, 2018, (such date, or a later date agreed upon by the parties as the employment commencement date, the “ Effective Date ”) subject to the Executive commencing employment on such date, according to the terms and conditions set forth in this Agreement. The parties acknowledge that the Executive may be employed by OZM, OZ Advisors LP (“ OZA ”), OZ Advisors II LP (“ OZAII ,” and together with OZM and OZA, the “ OZ Operating Partnerships ”), any of the general partners of the OZ Operating Partnerships, or any of their respective subsidiaries or affiliated entities (collectively, the “ OZ Entities ” or the “ Company ”), and such employment shall be governed by this Agreement.

assistant: Defined 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: verified images ( as defined below ) are intended only to indicate a photographic representation of a listing at the time the photograph was taken , and are therefore not an endorsement by airbnb of any host or listing .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No ERISA Event has occurred or is reasonably expected to occur that, when taken together with all other such ERISA Events for which liability is reasonably expected to occur, could reasonably be expected to result in a Material Adverse Effect. The present value of all accumulated benefit obligations under each Plan (based on the assumptions used for purposes of Statement of Financial Accounting Standards No. 87) did not, as of the date of the most recent financial statements reflecting such amounts, exceed the fair market value of the assets of such Plan.

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: object to the discharge-ability of the debt, and it became nondischargeable under section 523(a)(3)(B). Smith replied that, when a creditor is added to a petition, the creditor then has a “reasonable time” to object to dischargeability and that, if he or she does not, the debt is discharged. He noted that “some courts” have held that 60 days is a reasonable time. The court granted Smith’s motion to dismiss on March 8, 2005, and plaintiffs timely appealed. We hold that the trial court erred in granting Smith’s motion. It misinterpreted the applicable bankruptcy law. The Bankruptcy Code and the Federal Rules of Bankruptcy Procedure provide that amendments to schedules do not alter the deadlines for filing bankruptcy court complaints to determine the dischargeability of fra D.N.J. 2000) (<HOLDING>). We find persuasive In re Strano’s careful Options: A. holding that federal and state courts have concurrent jurisdiction over 1983 claims B. holding that a proceeding that by its nature could arise only in the context of a bankruptcy case is a core matter subject to the jurisdiction of the bankruptcy court C. holding that although the bankruptcy court is the preferred forum because of its greater expertise state courts have concurrent jurisdiction D. holding that federal jurisdiction over rico claims is concurrent and not exclusive E. holding that the bankruptcy courts as compared to state courts have exclusive jurisdiction to determine issues of dischargeability under the bankruptcy code

assistant: The best answer is C. holding that although the bankruptcy court is the preferred forum because of its greater expertise state courts have concurrent jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The financial statements delivered in respect of Borrower and the Borrower Subsidiaries (on a consolidating and a consolidated basis) and each Member (other than Atlantic Member and GE Member) pursuant to Section 3.1(m) and Section 5.4 fairly present in all material respects the financial condition of the Person to whom they relate as of the date thereof (subject in the case of unaudited financial statements, to normal year-end adjustments). Such financial statements have been prepared in accordance with GAAP consistently followed throughout the periods involved. Each Financial Condition Certificate delivered in respect of Atlantic Member and GE Member pursuant to Section 3.1(m) and Section 5.4 fairly presents in all material respects the financial condition of the Person to which it relates as of the date thereof.

assistant: Financial Statements
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: CLSIP may assign, transfer, delegate or otherwise dispose of any and all of its rights and/or responsibilities under this Agreement to any entity without the consent of CBI upon prior written notice to CBI; provided, however, CLSIP may not assign, transfer, delegate or otherwise dispose of any of its right, title or interest in the CLSIP IP without CBI’s prior written consent, to be granted in its sole discretion (other than pursuant to the Credit Agreement, Guarantee and Collateral Agreement, IP Security Agreement of even date herewith). Except as otherwise permitted in this Agreement, CBI may not assign, transfer, delegate or otherwise dispose of any of its rights or obligations under this Agreement without CLSIP’s prior written consent, not to be unreasonably withheld; provided, however, that a merger, consolidation, combination or restructuring involving CBI or a change in control of CBI shall not be deemed to be an assignment. Any assignment, delegation and/or pledge in violation of this provision or Section 2.3 will be without force or effect. The Agreement shall be binding upon and shall inure to the benefit of the Parties and their successors and permitted assigns, each of which must agree to be bound by the Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: [Johnson] and approval of [Britt].” (Emphasis added.) Although Britt nominally had final approval authority over Johnson’s transactions, Johnson retained ultimate discretion to invest the funds in the account. Pursuant to this agreement, Britt transferred $5.75 million into an account controlled by Johnson. Britt testified that he “did not consider” himself to “ha[ve] authority” over the account. Britt represented to a third party that the account was “at the discretion of Mr. Johnson.” Johnson himself noted in an email to Britt that Britt had trusted Johnson with Britt’s money. In light of this evidence, it is clear that Johnson committed the fraud by purporting to exercise investment discretion over the victim’s funds. See United States v. Davuluri, 239 F.3d 902, 909 (7th Cir.2001) (<HOLDING>). The district court properly applied the abuse Options: A. holding that abuse of trust enhancement applied where defendant had discretion to engage in commodities transactions on victims behalf without victims supervision B. holding that the crime victims compensation act which compensated innocent victims of criminal acts was an attempt to remedy that situation and therefore applied retroactively C. holding that employer controlled the victims will at least in part by using his position as the victims employer D. holding admissible testimony of the victims daughter regarding a telephone call from the defendant to the victim hours before the victims death and the victims emotions following the telephone call where defendant claimed accident E. holding that jury may consider victims mental capacity in determining whether defendant acted with victims knowledge and consent

assistant: The best answer is A. holding that abuse of trust enhancement applied where defendant had discretion to engage in commodities transactions on victims behalf without victims supervision
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments made to you pursuant to this letter will be subject to applicable withholding taxes, if any, and any amount so withheld shall be deemed to have been paid to you for purposes of amounts due to you under this letter.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by each Loan Party of each Loan Document to which such Person is or is to be a party have been duly authorized by all necessary corporate or other organizational action, and do not and will not (a) contravene the terms of any of such Person’s Organization Documents; (b) conflict with or result in any breach or contravention of, or the creation of (or the requirement to create) any Lien under, or require any payment to be made under (i) any Contractual Obligation or Material Indebtedness to which such Person is a party or affecting such Person or the properties of such Person or any of the Restricted Subsidiaries or (ii) any order, injunction, writ or decree of any Governmental Authority or any arbitral award to which such Person or its property is subject; or (c) violate any applicable Law, except in the case of clause (b) or (c), to the extent that such conflict, breach, contravention or violation could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Committee shall have the authority, at the time of grant of any Award described in this Plan (other than Options and Stock Appreciation Rights granted with an exercise price equal to or greater than the Fair Market Value per share of Common Stock on the Grant Date), to designate such Award as a Performance Compensation Award in order to qualify such Award as “performance-based compensation” under Section 162(m) of the Code. In addition, the Committee shall have the authority to make an Award of a cash bonus to any Participant and designate such Award as a Performance Compensation Award in order to qualify such Award as “performance-based compensation” under Section 162(m) of the Code.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Inc., 323 F.Supp.2d 997, 1005-06 (D.Ariz.2004), a doctor who hid the reason for an infant’s death from its mother, Lucchesi v. Frederic N. Stimmell, M.D., Ltd., 149 Ariz. 76, 79-81, 716 P.2d 1013, 1016-18 (1986), or conspiracy to hide a child from a father, Pankratz v. Willis, 155 Ariz. 8, 744 P.2d 1182 (Ct.App.1987). The doctor-patient relationship is a very personal matter. If a jury found that Stewart lied to Dr. Borowsky in an attempt to influence the care Dr. Borowsky was providing to his patient, it could also find that such conduct rises to the level of outrageousness necessary for an IIED claim. This stems from the existence of a “special relationship” between an insurer and the insured. Rowland v. Great States Ins. Co., 199 Ariz. 577, 586, 20 P.3d 1158, 1167 (Ct.App.2001) (<HOLDING>). The existence of that relationship means that Options: A. recognizing special circumstances exception B. recognizing the existence of the special relationship C. recognizing that the existence of an agency relationship is ordinarily a question of fact D. holding that the special relationship exception does not apply to the relationship between a student and a school E. holding that no special relationship existed between the school and student

assistant: The best answer is B. recognizing the existence of the special relationship
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 clearly contrary to the weight of the evidence or contrary to law. Jackson v. Jackson, 2002 OK 25, ¶ 2, 45 P.3d 418, 422. The appellant bears the burden of showing an abuse of discretion. See Lincoln v. Lincoln, 1992 OK CIV APP 124, ¶ 18, 840 P.2d 41, 45. ANALYSIS OF ISSUES I. Indemnification Provision ¶ 6 Four of Husband’s five propositions of error may be summarized as the contention that the Trial Court’s order constitutes an illegal division of military disability benefits contrary to the dictates of Mansell v. Mansell, 490 U.S. 581, 109 S.Ct. 2023, 104 L.Ed.2d 675 (1989). The Mansell case involved a dispute over whether military retirement pay that had been waived in ordei to receive veterans’ disability benefits constitutes community property that is divisibl 997) (<HOLDING>); Scheidel v. Scheidel, 129 N.M. 223, 4 P.3d Options: A. holding wife could not have moved to enforce payment of husbands retirement benefits before husband actually retired and began receiving benefits B. holding that the lower court failed to account for payments made in connection with the marital home including mortgage payments C. holding that although disability benefits cannot be included as part of the marital estate a court may consider the waiver of retirement pension benefits in favor of disability benefits in determining whether there has been a material change in circumstances which would justify modification of an alimony award to a former spouse who was previously awarded a fixed percentage of the retirement pension benefits D. holding former wifes cause of action accrued at the time of former husbands failure to pay her the portion of his retirement benefits to which she was entitled which was no earlier than the date of his actual retirement E. holding that the lower court may enforce a final judgment which guarantees a steady monthly payment to a former spouse through an indemnification provision providing for alternative payments to compensate for a reduction in nondisability retirement benefits

assistant: The best answer is E. holding that the lower court may enforce a final judgment which guarantees a steady monthly payment to a former spouse through an indemnification provision providing for alternative payments to compensate for a reduction in nondisability retirement benefits
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: . Emphasis added. 12 . Tanks, 332 F.Supp.2d at 958 (“In Hutto, as in Watson and Pittman, the court obviously considered the shooting to have been 'accidental,' at least from the victim’s standpoint .. .”)(citing Watson v. Nat’l Burial Ass'n, Inc., 234 Miss. 749, 107 So.2d 739 (1958); Kerr-McGee Corp. v. Hutto, 401 So.2d 1277 (Miss.1981)). 13 . Pittman, 59 So.2d at 553 (quoting Verschleiser v. Joseph Stern Son, Inc., 229 N.Y. 192, 128 N.E. 126, 127 (N.Y.1920)). 14 . Tanks, 332 F.Supp.2d at 958. 15 . Id. 16 . Miller, 444 So.2d at 370-71. 17 . Id. at 371. This interlocutory appeal of the under the MWCA for intentional injuries, the assailant co-workers are arguably acting within the course and scope of their employment. See, e.g., Royal Oil Co. v. Wells, 500 So.2d 439, 441-42 (Miss.1986)(<HOLDING>); Miller, 444 So.2d at 371 (noting that injury Options: A. holding the same for malicious prosecution B. holding that state jurisdiction over claims by union members against employer for false arrest false imprisonment and malicious prosecution were not preempted under garmon C. holding that employees claims against her employer for malicious prosecution arising out of a supervisors charge that she had stolen money from a cash register was not barred by the mwca and noting that the supervisor who instigated false charges against her is not a third person for purposes of the act D. holding that an employees private arbitration agreement with her employer precluded her from filing suit against the employer under the adea E. holding that the plaintiffs evidence of pretext which included but was not limited to her supervisors statement that she had enough of the plaintiff going to her supervisor about her was not sufficient to preclude summary judgment

assistant: The best answer is C. holding that employees claims against her employer for malicious prosecution arising out of a supervisors charge that she had stolen money from a cash register was not barred by the mwca and noting that the supervisor who instigated false charges against her is not a third person for purposes of the act
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: contamination.” Licciardi v. Murphy Oil USA Inc., 1995 WL 45861, at *2 (EJD.La. Feb.2, 1995) (citing examples). But as the Licciardi court also observed, a complete immunization of investigatory response costs from the requirement of NCP consistency is contrary to the text of CERCLA. “It is well-established that costs of investigation, assessment, or monitoring of potential environmental harm qualify as ‘costs of response’ under CERCLA.” Id. at *1 (citing 42 U.S.C. § 9601(25) (defining “response” to include “removal”); 42 U.S.C. § 9601(23) (defining “removal” to include “such actions as may be necessary to monitor, assess, and evaluate the release or threat of release of hazardous substances”)); Tanglewood E. Homeowners v. Charles-Thomas, Inc., 849 F.2d 1568, 1575 (5th Cir.1988) (<HOLDING>). And CERCLA plainly allows private parties to Options: A. holding that the proper remedy for future response costs is not a present lumpsum payment of anticipated expenses but instead a declaratory judgment award dividing future response costs among prps B. holding that courier and messenger costs are not taxable costs C. holding that costs are not fixed until judgment is entered and interest can only run on costs when due D. holding that investigatory costs are considered costs of response under cercla E. holding that no distinction exists between investigatory costs and onsite cleanup costs for purposes of recovery

assistant: The best answer is D. holding that investigatory costs are considered costs of response under cercla
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: There are no actions, suits, proceedings or investigations pending or, to the knowledge of any Authorized Officer of any Loan Party, threatened, in writing, against such Loan Party or any Subsidiary of such Loan Party at law or in equity before any Official Body as to which there is a reasonable likelihood of an adverse determination and which, if adversely determined, could reasonably be expected to have a Material Adverse Effect. None of the Loan Parties or any Subsidiaries of any Loan Party is in violation of any order, writ, injunction or any decree of any Official Body which could reasonably be expected to have a Material Adverse Effect.

assistant: Litigations
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: occurred before or after Pope’s DNA work in the instant case. Additionally, this evidence reflects only that which occurred in another case, rather than providing evidence of that which occurred in the instant case. Second, the challenges presented by Over-ton’s counsel to Pope during trial were significant. Pope was impeached with evidence of his conduct in the instant case. Along with other forms of impeachment, Overton’s counsel elicited evidence from Pope that he transported pieces of evidence to his home and placed evidence in his household refrigerator, which is not certified as a storage facility or lab. This evidence did impeach Pope, and the alleged evidence of similar sloppy work in another case would be cumulative. See Ponticelli v. State, 941 So.2d 1073, 1086-87 (Fla.2006) (<HOLDING>); Guzman v. State, 868 So.2d 498, 508 Options: A. holding that there was no brady violation because the exculpatory effect of the disputed documents was merely speculative B. holding that a brady violation is waived by guilty plea C. holding that an appellants due process rights were not violated when he did not receive brady material before his transfer hearing because he will be able to make effective use of any brady material at trial D. holding impeachment evidence falls within the brady rule E. holding that the alleged brady material was merely cumulative to the significant impeachment that already occurred during trial so there was no prejudice for a brady violation

assistant: The best answer is E. holding that the alleged brady material was merely cumulative to the significant impeachment that already occurred during trial so there was no prejudice for a brady violation
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: (“A principle, in the abstract, is a fundamental truth; an original cause; a motive; these cannot be patented, as no one can "claim in either of them an exclusive right.”)). As we explained in Dealertrack, Inc. v. Huber, 674 F.3d 1315, 1333 (Fed. Cir. 2012), the abstract idea exception to patent eligibility disallows the patenting of “basic concept[s],” such as “processing information through a clearinghouse,” because no entity is entitled to “wholly preempt” such concepts. Id.; see also Alice, 134 S.Ct. at 2354. Under Alice's second step, the only components disclosed in the specification for implementing the asserted method claims are unambiguously described as “conventional.” See supra Background § I. These components do not supply an inventive concept. See Alice,, 134 S.Ct. at 2359 (<HOLDING>). Moreover, here, as in Alice, considering the Options: A. holding that the rule announced in miller v alabama 567 us 132 sct 2455 183 led2d 407 2012 applies retroactively on collateral review B. holding that wellunderstood routine conventional activities are insufficient to transform an abstract idea into a patenteligible application C. holding that the introduction of a computer into the claims does not render the idea patenteligible D. holding that the implementation of an abstract idea using computer functions that are wellunderstood routine conventional activities previously known to the industry did not supply an inventive concept quoting mayo collaborative servs v prometheus labs inc 566 us 66 79 132 sct 1289 182 led2d 3212012 E. holding that batson v kentucky 476 us 79 106 sct 1712 90 led2d 69 1986 does not apply retroactively to cases on collateral review

assistant: The best answer is D. holding that the implementation of an abstract idea using computer functions that are wellunderstood routine conventional activities previously known to the industry did not supply an inventive concept quoting mayo collaborative servs v prometheus labs inc 566 us 66 79 132 sct 1289 182 led2d 3212012
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: Attached hereto as Schedule 7(a) is a schedule setting forth all of each Credit Party’s Patents and Trademarks registered with the United States Patent and Trademark Office, applications to register Patents and Trademarks in the United States and Patent Licenses and Trademark Licenses (each as defined in the Security Agreement) in which a Credit Party is the exclusive licensee of any United States issued Patents or Patent applications or United States Trademark registrations or applications, including the name of the registered owner and the registration number of each Patent and Trademark owned by each Credit Party. Attached hereto as Schedule 7(b) is a schedule setting forth all of each Credit Party’s United States Copyrights registered with the United States Patent and Trademark Office, applications to register Copyrights in the United States and Copyright Licenses (as defined in the Security Agreement) in which a Credit Party is the exclusive licensee of any United States Copyright restrictions, including the name of the registered owner and the registration number of each Copyright owned by each Credit Party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company expressly acknowledges and agrees that (i) this Section 13 constitutes an agreement to arbitrate between the Company and the Holder (and constitutes an arbitration agreement) under the rules then in effect under § 7501, et seq. of the New York Civil Practice Law and Rules (“ CPLR ”) and that the Holder or the Company is authorized to apply for an order to compel arbitration pursuant to CPLR § 7503(a) in order to compel compliance with this Section 12, (ii) the terms of this Warrant and each other applicable Transaction Document shall serve as the basis for the selected investment bank’s resolution of the applicable dispute, such investment bank shall be entitled (and is hereby expressly authorized) to make all findings, determinations and the like that such investment bank determines are required to be made by such investment bank in connection with its resolution of such dispute, in its sole discretion, shall have the right to submit any dispute described in this Section 12 to any state or federal court sitting in The City of New York, Borough of Manhattan in lieu of utilizing the procedures set forth in this Section 12 and (iii) nothing in this Section 12 shall limit the Holder from obtaining any injunctive relief or other equitable remedies (including, without limitation, with respect to any matters described in this Section 12).

assistant: Miscellaneous
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 Participant shall forfeit to the Company, without compensation, other than repayment of any par value paid by the Participant for the Shares (if any), any and all Restricted Stock (but no vested Shares) and RS Property upon the Participant’s Termination of Employment for any reason.

assistant: Forfeitures
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: with the legislative intent of the statute. Pretrial intervention is an avenue open to a large class of offenders, whereas conditional discharge is only available to a limited and specifically identified group. Given this narrow reading of § 27, the conclusion is inescapable that extending conditional discharge to an entirely new class of offenders, namely those charged with obtaining possession of a CDS by fraud under N.J.S.A. 24:21-22(a)(3), would be beyond the explicit language and legitimate scope of § 27. In further support of her contention that conditional discharges are appropriate for violations of N.J.S.A. 24:21-22(a)(3), Telcher relies on Law Division cases which have extended § 27 beyond its literal terms. See State v. D’Ambrosio, 200 N.J.Super. 463 (Law Div.1985) (<HOLDING>); State v. Sanders, 169 N.J.Super. 596 (Law Options: A. holding that 27 extends to possession of drug paraphernalia a violation of njsa 242147 where defendant was also charged with possession of marihuana under 242120a4 B. holding that a spouses joint occupancy of a home where drug paraphernalia was found was insufficient to establish the spouses constructive possession C. holding in part that defendant charged with unlawful possession of heroin marihuana and narcotics implements was eligible for a conditional discharge D. holding that possession of a pistol in public requires knowing possession E. holding that a reputation for sobriety from drugs and alcohol is pertinent to the charge of possession of drug paraphernalia because intent to use is an element of the offense

assistant: The best answer is A. holding that 27 extends to possession of drug paraphernalia a violation of njsa 242147 where defendant was also charged with possession of marihuana under 242120a4
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: For so long as Service Provider is providing any Services under this Agreement, and for three (3) years thereafter (or such longer period as may be required under applicable Law or by either Party’s document retention policies of which such Party is aware), Service Provider shall keep and maintain books, records, data, reports and all other information related to the provision of the Services, including all information related to the payment obligations hereunder, including any costs and expenses incurred in the provision of the Services, and which books, records, data, reports and other information shall be sufficient to enable Service Recipient to verify and substantiate Service Provider’s invoicing of Charges therefor. Service Provider shall make such books, records, data, reports and other information reasonably available to any officer of, or other authorized Person designated by, Service Recipient for inspection and audit at the principal office of Service Provider, at reasonable times and on reasonable advance written request therefor, subject to the confidentiality provisions set forth herein.

assistant: Records
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: had misled him into believing that he could file a motion for reconsideration of the Board’s March 30, 2000, decision at any time and still preserve his appellate rights. DISCUSSION This court’s jurisdiction to review a judgment of the Veterans Court is limited by 38 U.S.C. § 7292(d)(2), which provides that “[e]xcept to the extent that an appeal ... presents a constitutional issue, the Court of Appeals may not review (A) a challenge to a factual determination, or (B) a challenge to a law or regulation as applied to the facts of a particular case.” To the extent that Mr. Phillips’s appeal presents a challenge to 38 U.S.C. § 7266(a) as applied to the facts of his particular case, we do not have jurisdiction to consider his argument. See Leonard v. Gober, 223 F.3d 1374 (Fed.Cir.2000) (<HOLDING>). For that reason, we do not have jurisdiction Options: A. holding that we lacked jurisdiction to review the veterans courts determination that equitable tolling did not apply in the case before it B. holding that equitable tolling principles apply to suits against the united states in the same manner as they apply to private parties C. holding that equitable tolling is available to avoid time limitations in the statutory provisions governing veterans benefits D. recognizing that the determination is an equitable one E. holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling

assistant: The best answer is A. holding that we lacked jurisdiction to review the veterans courts determination that equitable tolling did not apply in the case before it
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: carrying out, and remembering simple instructions; use of judgment; responding appropriately to supervision, co-workers and usual work situations; and dealing with changes in a routine work setting.” Morgan v. Astrue, 11-CV-1009, 2014 WL 318184, at *9 (W.D.N.Y. Jan. 29, 2014) (quoting 20 C.F.R. §§ 404.1521(b), 416.921(b)). “[T]he severity prong is intended as a de minimis standard to screen out only those claimants with ‘slight’ limitations that ‘do not significantly limit any basic work activity.’ ” Vicari v. Astrue, 1:05-cv-4967-ENV-WP, 2009 WL 331242, at *3 (E.D.N.Y. Feb. 10, 2009) (quoting Bowen v. Yuckert, 482 U.S. 137, 158, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987) (O’Connor,' J., concurring, joined by Stevens, J.)); see also Dixon v. Shalala, 54 F.3d 1019, 1030 (2d Cir.1995) (<HOLDING>). Of importance, courts in the Second Circuit Options: A. holding that fiveday suspension was not a de minimis deprivation B. holding that the severity regulation is valid only if applied to screen out de minimis claims C. holding that a robbery of 40 to 50 satisfied the de minimis standard D. holding that district court properlydiscounted four calls as de minimis E. holding that to demonstrate retaliation complainedof action must be more than de minimis

assistant: The best answer is B. holding that the severity regulation is valid only if applied to screen out de minimis claims
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 case any one or more of the provisions contained in this Credit Agreement should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the parties hereto shall enter into good faith negotiations to replace the invalid, illegal or unenforceable provision.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (i) The Seller hereby authorizes and hereby agrees from time to time, at its own expense, promptly to execute (if necessary) and deliver all further instruments and documents, and to take all further actions, that may be necessary or desirable, or that the Administrator may reasonably request, to perfect, protect or more fully evidence the purchases or issuances made under this Agreement and/or security interest granted pursuant to this Agreement or any other Transaction Document, or to enable the Administrator (on behalf of the Purchasers) to exercise and enforce the Purchasers’ rights and remedies under this Agreement and any other Transaction Document. Without limiting the foregoing, the Seller hereby authorizes, and will, upon the request of the Administrator, at the Seller’s own expense, execute (if necessary) and file such financing or continuation statements, or amendments thereto, and such other instruments and documents, that may be necessary or desirable, or that the Administrator may reasonably request, to perfect, protect or evidence any of the foregoing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original but all of which when taken together shall constitute a single contract, and shall become effective as provided in Section 6.03 . Delivery of an executed signature page to this Agreement by facsimile transmission shall be as effective as delivery of a manually signed counterpart of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: acts have “sufficient indicia of distinctness.” Id. These indicia “include the separation between the illegal acts by either time or physical distance, the quality and nature of the individual acts, and the objectives and results of each act.” Id. ¶ 16 (internal quotation marks and citation omitted). “Distinctness may also be established by the existence of an intervening event, the defendant’s intent as evinced by his or her conduct and utterances, the number of victims, and the behavior of the defendant between acts.” Id. (internal quotation marks and citation omitted). Furthermore, we will not find that a defendant’s conduct is unitary where the defendant completes one of the charged crimes before committing the other. See Bernal, 2006-NMSC-050, ¶ 11, 140 N.M. 644, 146 P.3d 289 (<HOLDING>). Finally, the' question of whether a Options: A. holding that the defendants sentence for robbery was not inappropriate B. holding that a robbery defendant was not entitled to a compulsion instruction in the absence of a claim that he or the victim was the target of a specific threat forcing the defendant to participate in the robbery C. holding that defendants conduct was not unitary where his attempted robbery of the victim began after he completed the murder of the victims boyfriend D. holding in attempted murder case that testimony regarding victims medical prognosis properly admitted E. holding defendants phone call to his exwife announcing his intent to kill the victim was not an unrelated act of misconduct and permissible to rebut defendants testimony that he did not threaten the murder victim

assistant: The best answer is C. holding that defendants conduct was not unitary where his attempted robbery of the victim began after he completed the murder of the victims boyfriend
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 addition to the insurance required hereunder with respect to Collateral, maintain insurance with insurers (with a Best Rating of at least A, unless otherwise approved by Lender in its discretion) satisfactory to Lender, (a) with respect to the Properties and business of Borrowers and Subsidiaries of such type (including product liability, workers' compensation, larceny, embezzlement, or other criminal misappropriation insurance), in such amounts, and with such coverages and deductibles as are customary for companies similarly situated; and (b) business interruption insurance in an amount not less than $10,000,000, with deductibles and subject to an Insurance Assignment satisfactory to Lender.

assistant: Insurances