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 legal provision and list the applicable contract clause categories. Provision: The parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in the Court of Chancery of the State of Delaware, this being in addition to any other remedy to which such party is entitled at Law or in equity.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties to each assignment shall execute and deliver to the Administrative Agent, (x) an Assignment and Assumption or (y) to the extent applicable, an agreement incorporating an Assignment and Assumption by reference pursuant to a Platform as to which the Administrative Agent and the parties to the Assignment and Assumption are participants, together with a processing and recordation fee in the amount of Three Thousand Five Hundred and No/100 Dollars ($3,500.00) payable by the assignor; provided, however, that the Administrative Agent may, in its sole discretion, elect to waive such processing and recordation fee in the case of any assignment. The assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire.

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 legal provision and list the applicable contract clause categories. Provision: If any provision of this Amendment Agreement is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions hereof shall not be affected or impaired in any way as a result thereof.

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: In connection with the Obligations, this Agreement and the other Loan Documents, the Bank and the Borrower will be providing to each other, whether orally, in writing or in electronic format, nonpublic, confidential or proprietary information (collectively, “ Confidential Information ”). Each of the Borrower and the Bank agrees (i) to hold the Confidential Information of the other in confidence; and (ii) not to disclose or permit any other person or entity access to the Confidential Information of the other party, except for disclosure or access to (a) a party’s affiliates and its or their employees, officers, directors, agents, representatives, (b) other third parties that provide or may provide ancillary support relating to the Obligations, this Agreement and/or the other Loan Documents, or (c) to its external or internal auditors or regulatory authorities. It is understood and agreed that the obligation to protect such Confidential Information shall be satisfied if the party receiving such Confidential Information utilizes the same control (but no less than reasonable) as it does to avoid disclosure of its own confidential and valuable information. It is also understood and agreed that no information shall be within the protection of this Agreement where such information: (w) is or becomes publicly available through no fault of the party to whom such Confidential Information has been disclosed, (x) is released by the originating party to anyone without restriction, (y) is rightly obtained from third parties who are not, to such receiving party's knowledge, under an obligation of confidentiality, or (z) is required to be disclosed by subpoena or similar process of applicable law or regulations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company is duly organized and existing under the laws of the Bahamas and is in good standing under such laws. The Company has the requisite power and authority to own and operate its properties and assets, and to carry on its business as presently conducted and as proposed to be conducted. The Company is duly qualified to do business as a foreign corporation in each jurisdiction in which the conduct of its business requires such qualification, except where the failure to so qualify would not have a Material Adverse Effect.

assistant: Organizations
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 for the Governmental Approvals described in Schedule 4.4 , all Governmental Approvals and consents and approvals of, or notices to, any other Person (including the holders of any Capital Stock issued by any Loan Party) required in connection with the execution and performance of the Loan Documents, the consummation of the other transactions contemplated hereby, shall have been obtained and be in full force and effect. The absence of obtaining the Governmental Approvals described in Schedule 4.5 shall not have an adverse effect on any rights of the Lenders, the Administrative Agent pursuant to the Loan Documents or an adverse effect on the Group Members with regard to their continuing operations.

assistant: Approvals
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). As such, the issue before the Court is whether Plaintiff has plausibly pled that the dismissal of the criminal case reflects Plaintiffs innocence. “[A] dismissal without prejudice ‘renders the proceedings a nullity and leave[s] the parties as if the action had never been brought.’ ” Thoubboron v. Ford Motor Company, 809 A.2d 1204, 1210 (D.C. 2002) (quoting Bonneville Assocs. Ltd. v. Barram, 165 F.3d 1360, 1364 (Fed. Cir. 1999) (citations omitted)). However, some courts addressing the issue have considered whether a plaintiff has identified facts surrounding the dismissal without prejudice that, if proven, would demonstrate that the termination of the criminal case tended to show the plaintiffs innocence. See Blakeney v. O’Donnell, 117 F.Supp.3d 6, 20 (D.D.C. 2015) (<HOLDING>). See also Thorp v. District of Columbia, 142 Options: A. holding that for the purposes of a malicious prosecution action a favorable termination must be one indicating that the accused is innocenta disposition that does not indicate the plaintiffs innocence is not considered a favorable termination B. holding that the court could plausibly infer from the dismissal coupled with the allegations of the plaintiffs false arrest that the termination of the plaintiffs prosecution tended to indicate his innocence at the motion to dismiss stage C. holding that the numerous inconsistencies in the testimony of the persons primarily responsible for plaintiffs termination when coupled with the timing of plaintiffs termination and the conflicting reasons given by defendants agents for the termination might well persuade a jury that defendant fired the plaintiff in retaliation for the letter sent by her attorney to defendants general counsel D. holding that a dismissal in the interest of justice was a favorable termination for the purposes of a malicious prosecution action where the courts reasons for dismissing the criminal charges were not inconsistent with the innocence of the accused E. holding that the filing of a motion for a new trial is a critical stage of the prosecution and that an indigent defendant is constitutionally entitled to the assistance of counsel at that stage

assistant: The best answer is B. holding that the court could plausibly infer from the dismissal coupled with the allegations of the plaintiffs false arrest that the termination of the plaintiffs prosecution tended to indicate his innocence at the motion to dismiss stage
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 motion as “premature'' and the motion was denied. At the close of all the evidence counsel for Sherwood asked to "renew the motions I made at the close of the evidence earlier.... I adopt them by reference specifically.” Merely stating that a party “renews” its motion for judgment at the close of all the evidence, after making a motion at the close of the opponent's evidence, usually is not enough to preserve the issue for appellate review. Ford v. Tittsworth, 77 Md.App. 770, 773-74, 551 A.2d 945 (1989). Normally, counsel is required to restate with particularity all reasons why the motion should be granted. Id. That gene 9-90, 388 A.2d 543 (1978)), aff’d, 318 Md. 615, 569 A.2d 693 (1990). 17 . See also Brethren Mut. Ins. Co. v. Filsinger, 54 Md.App. 357, 365, 458 A.2d 880 (<HOLDING>), cert. denied, 296 Md. 223 Options: A. holding that in light of evidence that the insurer would have denied coverage even if it had received suit papers on a timely basis the insurer could not show prejudice B. holding that a denial of coverage based on a reasonable interpretation of the policy is not bad faith even if incorrect C. holding that regardless of insurers good faith denial of coverage plaintiff is entitled to recover interest to put it in position it would have been in if coverage had not been denied D. holding that insurers failure to deny existence of insurance coverage under policy at issue was to admit that coverage existed E. holding that if an insurer denies coverage based on an assertion that the underlying claim is excluded from coverage there is a presumption that the insurer did not suffer prejudice because prompt notice would have merely resulted in an earlier denial of coverage

assistant: The best answer is C. holding that regardless of insurers good faith denial of coverage plaintiff is entitled to recover interest to put it in position it would have been in if coverage had not been denied
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: Co., 378 U.S. 441, 449-58, 84 S.Ct. 1738, 12 L.Ed.2d 953 (1964)(rejecting the plaintiffs attempt to place glass and metal containers in different relevant markets based on different characteristics). News America points to ample evidence in the record supporting its contention that the consumers of at-shelf coupon dispensers do in fact view at-shelf coupon dispensers as reasonably interchangeable with other in-store marketing vehicles, despite the fact that each in-store marketing vehicle may have its own unique advantages and features. Based on the record presented, the Court cannot accept Menasha’s definition of a relevant market limited to at-shelf coupon dispensers. See Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., 509 U.S. 209, 242, 113 S.Ct. 2578, 125 L.Ed.2d 168 (1993)(<HOLDING>). Because Menasha has failed to provide a Options: A. holding that if an experts opinion is dependent upon information that is inaccurate or lacks support in the record it is deemed incompetent B. holding that an experts opinion must be based on facts in evidence or within his or her knowledge and that the admission of an experts opinion is reviewed for an abuse of discretion C. holding that it is not the courts role to decide whether an experts opinion is correct D. holding even though experts are permitted to give an opinion they may not offer an opinion regarding the credibility of others E. holding that when an experts opinion regarding the relevant market is not supported by sufficient facts or when the record contradicts or renders the opinion unreasonable it cannot support a jurys verdict

assistant: The best answer is E. holding that when an experts opinion regarding the relevant market is not supported by sufficient facts or when the record contradicts or renders the opinion unreasonable it cannot support a jurys verdict
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: ebay may also contact you using autodialed or prerecorded calls and text messages for marketing purposes ( e.g. , offers and promotions ) , if you consent to such communications .

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: This Agreement is intended by the parties as a final expression of their agreement and intended to be a complete and exclusive statement of the agreement and understanding of the parties hereto in respect of the subject matter contained herein. There are no restrictions, promises, warranties or undertakings, other than those set forth or referred to herein with respect to the rights granted by the Company set forth herein. This Agreement supersedes all prior agreements and understandings between the parties with respect to such subject matter.

assistant: Entire Agreements
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 Co-Venturers and their designated representatives shall be afforded full and complete access to the books and records of the Joint Venture during normal business hours and upon reasonable notice for the purpose of inspection, examination and copying or any other purpose including, without limitation, an audit of the financial records and operations of the Joint Venture.

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 legal provision and list the applicable contract clause categories. Provision: EACH OF THE PARTIES HERETO IRREVOCABLY (I) SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK AND THE FEDERAL COURTS OF THE UNITED STATES OF AMERICA FOR THE SOUTHERN DISTRICT OF NEW YORK FOR THE PURPOSE OF ANY ACTION OR PROCEEDING RELATING TO THIS AMENDMENT OR ANY MATTERS CONTEMPLATED HEREBY; (II) WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION IT MAY NOW OR HEREAFTER HAVE TO THE VENUE OF ANY SUCH ACTION OR PROCEEDING IN ANY SUCH COURT OR THE DEFENSE OF AN INCONVENIENT FORUM IN ANY ACTION OR PROCEEDING IN ANY SUCH COURT; (III) CONSENTS TO SERVICE OF PROCESS UPON IT BY MAILING A COPY THEREOF BY CERTIFIED MAIL ADDRESSED TO IT AS PROVIDED FOR NOTICES HEREUNDER OR BY ANY OTHER MANNER IN ACCORDANCE WITH LAW; AND (IV) AGREES THAT A FINAL JUDGMENT IN ANY ACTION OR PROCEEDING IN ANY SUCH COURT SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN ANY OTHER JURISDICTION BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW.

assistant: Submission To 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 Borrower agrees to indemnify each Lender for, and to hold each Lender harmless from, any loss or expense that such Lender may sustain or incur as a consequence of (a) default by the Borrower in making a borrowing of, conversion into or continuation of Eurodollar Loans after the Borrower has given a notice requesting the same in accordance with the provisions of this Agreement, (b) default by the Borrower in making any prepayment of or conversion from Eurodollar Loans after the Borrower has given a notice thereof in accordance with the provisions of this Agreement, (c) the failure to borrow any Competitive Loan after accepting the Competitive Bid to make such Loan or (d) the making of a prepayment of Eurodollar Loans or Fixed Rate Loans on a day that is not the last day of an Interest Period with respect thereto. In the case of a Eurodollar Loan, such indemnification shall be the amount equal to the excess, if any, of (i) the amount of interest that would have accrued on the amount so prepaid, or not so borrowed, converted or continued, at the Eurodollar Rate that would have been applicable for the period from the date of such prepayment or of such failure to borrow, convert or continue to the last day of such Interest Period (or, in the case of a failure to borrow, convert or continue, the Interest Period that would have commenced on the date of such failure) in each case at the applicable rate of interest for such Loans provided for herein (excluding, however, the Applicable Margin included therein, if any) over (ii) the amount of interest (as reasonably determined by such Lender) that would have accrued to such Lender on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank eurodollar market. A certificate as to any amounts payable pursuant to this Section submitted to the Borrower by any Lender shall be conclusive in the absence of manifest error.

assistant: Indemnity
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 and the agreements, policies and plans referenced herein, are the full and complete expression of the terms and conditions of the Executive’s employment with Employer. This Agreement, upon closing of the Acquisition, supersedes any prior agreements between HRB and/or BHR and the Executive. Accordingly, upon closing, the Executive understands and agrees that, upon the closing of the Acquisition, she is not entitled to any compensation under any prior Agreement between her and HRB and/or BHR, including but not limited to her May 22, 2013, Employment Agreement, as amended, and specifically waives any such compensation . Provided, however, nothing herein is intended to, or does, waive any stock option or Restricted Stock Unit grant of Executive prior to the closing of the Acquisition, vested or unvested, in effect prior to the execution of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as disclosed in the Initial Financial Statements or in the Disclosure Schedule and except for matters that could not, in the aggregate, reasonably be expected to have a Material Adverse Effect (a) there are no actions, suits or legal, equitable, arbitrative or administrative proceedings pending or, to the knowledge of the Borrower, threatened, by or before any Tribunal against any Restricted Person or the General Partner or affecting any of its property, and (b) there are no outstanding judgments, injunctions, writs, rulings or orders by any such Tribunal against any Restricted Person or the General Partner or affecting any of its property.

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 legal provision and list the applicable contract clause categories. Provision: No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Borrower and the Holder and shall not be construed against any person as the drafter hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The rights of the Sponsor hereunder may be transferred, assigned, or otherwise conveyed on a pro rata basis in connection with any transfer, assignment, or other conveyance of Registrable Securities to any transferee or assignee (other than a transfer pursuant to a registration statement or under Rule 144 promulgated under the Securities Act, and except with respect to the rights of Sponsor under Sections 1 and 2(b) which may be assigned only in whole and not in part); provided that all of the following additional conditions are satisfied with respect to any transfer, assignment or conveyance of rights hereunder: (a) such transfer or assignment is effected in accordance with applicable securities laws; (b) such transferee or assignee agrees in writing to become subject to the terms of this Agreement by executing a joinder or similar document; and (c) the Company is given written notice by such Person of such transfer or assignment, stating the name and address of the transferee or assignee, identifying the Registrable Securities with respect to which such rights are being transferred or assigned. Any transfer, assignment or other conveyance of the rights of the Sponsor in breach of this Agreement shall be void and of no effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors, legal representatives and assignees for the uses and purposes set forth and referred to herein. Nothing herein contained shall confer or is intended to confer on any third party or entity that is not a party to this Agreement any rights under this 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: in such container.”). {25} The Greenwood dissent also cited to local ordinances that mandate how garbage is to be disposed of, reasoning that the constitution must protect an expectation of privacy so that the government cannot force an individual to dispose of something she considers private, only to be able to then search through it without a warrant. 486 U.S. at 55-56 (Brennan, J., dissenting). We agree once again. “[AJllowing the State to conduct a warrantless search of refuse set out for collection when an individual is required by law to dispose of his refuse in a specific place, time, and manner is inconsistent with the privacy protections provided by Article II, Section 10.” Granville, 2006-NMCA-098, ¶ 32; see also State v. Boland, 800 P.2d 1112, 1117 (Wash. 1990) (en banc) (<HOLDING>). {26} The manner in which household trash is Options: A. holding that while the necessary regulation of garbage must compel a person to reasonably expect that a licensed trash collector will remove his garbage this expectation does not also infer an expectation of governmental intrusion B. holding no reasonable expectation of privacy in garbage placed in trash cans C. holding that defendant lacked reasonable expectation of privacy in garbage located outside curtilage of home D. holding that for purposes of federal constitutional law a person does not possess a reasonable expectation of privacy with respect to trash discarded outside the home E. holding that there was no reasonable expectation of privacy in the contents of plastic garbage bags left on or at the side of a public street

assistant: The best answer is A. holding that while the necessary regulation of garbage must compel a person to reasonably expect that a licensed trash collector will remove his garbage this expectation does not also infer an expectation of governmental intrusion
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 by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts together shall constitute one and the same instrument. Each counterpart may consist of two copies hereof each signed by one of the parties hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Schedule 3.20 sets forth any and all consents, approvals and waivers of any nature that any of the Sellers or the Acquired Companies or any of their respective Affiliates or Representatives must obtain from any Person, including any Governmental Authority, in order to consummate the transactions contemplated under this Agreement (and under any Ancillary Document required to be executed and delivered by the Sellers hereunder) (collectively, “ Required Consents ”). Except as set forth on Schedule 3.20 , each Seller’s execution, delivery and performance of this Agreement (and any Ancillary Document required to be executed and delivered by the Sellers hereunder) is not and will not be subject to any Required Consents. Schedule 3.20 describes, for each Required Consent, (i) the Governmental Authority or other Person from which each Required Consent must be obtained, and (ii) the agency contact information for the Governmental Authority from which each Required Consent must be obtained.

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 case excerpt and choose the best holding from the options. Case excerpt: Washington crimes. Weiand, at 31. If a comparable Washington "offense definition” exists, the court must next determine how that definition is classified under Washington law. Weiand, at 32. This inquiry'requires the court to determine whether the definition is classified as a felony, and if so, whether it is an A, B, or C felony. Weiand, at 32. Because the record is devoid of the underlying facts upon which Roche’s California robbery conviction was based, it is impossible to determine how it would be classified in Washington. Therefore, the conviction must be removed from the calculation of Roche’s criminal history unless, on remand, the State can establish that it would constitute a class A felony under Washington law. See State v. Cabrera, 73 Wn. App. 165, 169, 868 P.2d 179 (1994) (<HOLDING>); see also State v. Herzog, 48 Wn. App. 831, Options: A. holding that where the defendant challenges the use of documents purporting to establish the washington classification of an outofstate conviction the state must present additional evidence of the proper classification so as to carry its burden of proving the defendants criminal history by a preponderance of the evidence B. holding that the proper standard of proof is preponderance of the evidence C. holding that the party challenging the dischargeability of a debt bears the burden of proving the debt nondischargeable by a preponderance of the evidence D. holding that defendants bear the burden of proving contributory negligence by a preponderance of the evidence E. holding at trial a criminal defendant has the burden to prove his insanity by a preponderance of the evidence

assistant: The best answer is A. holding that where the defendant challenges the use of documents purporting to establish the washington classification of an outofstate conviction the state must present additional evidence of the proper classification so as to carry its burden of proving the defendants criminal history by a preponderance of the 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 case excerpt and choose the best holding from the options. Case excerpt: for radiologists to or urologists or anybody else of the same specialty. Similarly, Dr. Venegas testified that as a family physician, he does not implant pacemakers and he would defer to the knowledge of a cardiologist on that issue. When Dr. Venegas was asked if he believed Dr. Feldman deviated from the standard of care in her treatment of Mr. Melton, he responded, “I cannot see where from the note[s] that I’ve been given from [Dr. Feldman] that she deviated from the standard of care in her medical treatment of Mr. Melton.” Dr. Gaddy and Dr. Venegas failed to establish the standard of care for implanting ICDs, and therefore, their testimony was insufficient to create a genuine issue of material fact. See Botehlo v. Bycura, 282 S.C. 578, 587, 320 S.E.2d 59, 65 (Ct.App.1984) (<HOLDING>). Furthermore, Melton presented no evidence Options: A. holding that expert medical testimony was not necessary to establish negligence where surgeon left a needle in the patients body but stating that proof of proximate cause requires some expert testimony in medical malpractice cases B. holding that the district court did not err in granting summary judgment since the physical evidence and unrebutted expert testimony left no genuine issue of material fact C. holding no issue of material fact as to whether defendant was volunteer because he received no compensation D. holding expert testimony by an orthopedic surgeon in a case of alleged medical malpractice by a podiatrist failed to create a genuine issue of material fact because 1 the material question in the case was the standard required of podiatrists not orthopedic surgeons 2 the witness admitted he was not familiar with the procedure the defendant performed and 3 when the orthopedic surgeon was asked if he held himself out as an expert he answered no not in podiatry no E. holding that expert testimony is unnecessary when orthopedic surgeon failed to remove two pieces of cement totaling oneinch in diameter after affixing prosthesis for hip replacement

assistant: The best answer is D. holding expert testimony by an orthopedic surgeon in a case of alleged medical malpractice by a podiatrist failed to create a genuine issue of material fact because 1 the material question in the case was the standard required of podiatrists not orthopedic surgeons 2 the witness admitted he was not familiar with the procedure the defendant performed and 3 when the orthopedic surgeon was asked if he held himself out as an expert he answered no not in podiatry no
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: 31, 2007), the bankruptcy court reasoned that be- cause § 523(d) was intended to curb abu-sive practices by institutional creditors, not an individual creditor in circumstances similar to the debtor, requiring the plain-tiff to assume responsibility for the debt- or’s attorney’s fees would be unjust. Id. at *2 (citing Thomas, 258 B.R. at 169); ac-cord Walter v. Walter (In re Walter), 50 B.R. 521, 523 (Bankr. D. Del. 1985) (ob-serving that “Congress ■ did not intend equally positioned private parties, absent an abusive filing, to bear the expense of the other’s cost of litigation.”) Courts also have found special circum-stances to exist when the plaintiffs com-plaint included counts under provisions of the Bankruptcy Code that do not authorize fee shifting. See King, 258 B.R. at 798 (<HOLDING>); Sweriby, 529 B.R. at 710-11 (declining to Options: A. holding that 1988 attorneys fees should not be awarded when the tax injunction act 28 usc 1341 bars the plaintiff from obtaining 1983 relief B. holding that attorney fees must be awarded where plaintiffs section 1983 claim was unreasonable and groundless C. holding that fees should not be awarded where plaintiff also argued a claim under 523a6 D. holding that fees may be awarded for litigating amount of fees only where language of statute supports such conclusion E. holding that when a state court judgment was found not to be dischargeable under 11 usc 523a6 the associated attorneys fees were also not dischargeable

assistant: The best answer is C. holding that fees should not be awarded where plaintiff also argued a claim under 523a6
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 Parties shall keep strictly confidential and shall not, without the prior written consent of the applicable Supporting Noteholder, disclose publicly, or to any person the holdings or claims of any Supporting Noteholder, including the principal amount of any claims arising under the Notes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Trust Agreement may be executed by the Parties in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument binding upon all of the Parties notwithstanding the fact that all Parties are not signatory to the original or the same counterpart. Each counterpart may consist of a number of copies hereof each signed by one, but together signed by all of the Parties. Each counterpart may be delivered by facsimile transmission or email, which transmission shall be deemed delivery of an originally executed document.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Buyer, for value received, hereby promises to pay to the order of the Sellers, proportionately in accordance with the percentage interests set forth in Schedule I hereto, in immediately available funds on the terms set forth herein, (i) the aggregate principal amount of this Note and (ii) simple interest on the unpaid principal balance from time to time outstanding under this Note, from the date hereof until the principal balance is paid in full, at an annual rate equal to eight percent (8.0%) (computed on the basis of a 360-day year and the actual number of days of elapsed) (“ Current Interest ”). The principal amount of this Note shall be Ten Million Dollars and No/ 100 Dollars ($10,000,000.00) as of the issuance date of this Note.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 5.08.

assistant: Waiver Of Jury Trials
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 TERMS OF SECTION 11.15 OF THE CREDIT AGREEMENT ARE INCORPORATED HEREIN BY REFERENCE MUTATIS MUTANDIS AND THE PARTIES HERETO AGREE TO SUCH TERMS.

assistant: Waiver Of Jury Trials
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 3.5 , other than the pending Patent Litigation there are no actions, suits, investigations, claims, or proceedings threatened, pending, or in progress relating in any way to the Company or the Patents. The Company has not received any notice and is not otherwise aware of any claim of a right or interest of any third party, the effect of which if determined adversely, is or would be to reduce, impair or otherwise materially and prejudicially affect the Patent Litigation. The Company is not in default with respect to any judgment, decree, injunction or order of any court, administrative agency or other instrumentality.

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: bid for a sum less than the amount due is made by a mortgagee who seeks no deficiency judgment, the law deems the bid to be the equivalent of the mortgage balance plus the sale expenses. A mortgagee, which bids in the property for less than the amount due, is not required to indulge the useless act of paying itself the amount of its bid. The rule has a sound rationale, for in the absence of a deficiency judgment proceeding (see RPAPL § 1371), the consequence of the bid is to give full credit to the mortgagor for the amount of the mortgage balance plus the expenses of the sale. Polish Nat’l Alliance v. White Eagle Hall Co., 98 A.D.2d 400, 407, 470 N.Y.S.2d 642 (N.Y.App.Div.1983). See also Serial Federal Sav. & Loan Asso. v. Crescimanno, 35 A.D.2d 561, 313 N.Y.S.2d 326 (N.Y.App.Div.1970) (<HOLDING>). At the Foreclosure Sale, BAC bid $1,000, but Options: A. holding that a party is not entitled to pursue a separate action for deficiency judgment where the foreclosure complaint includes a prayer for a deficiency judgment and the foreclosure court reserves jurisdiction to enter a deficiency judgment B. holding that the redemption price was based on the amount bid at foreclosure and not what the subsequent purchaser paid for the property C. holding at the judgmentcreditors winning bid of 1000 at the foreclosure sale was not unconscionable where the creditor waived any deficiency judgment D. holding that after a judgment entry grants a decree of foreclosure and order of sale the foreclosure action cannot be dismissed as the judgment is final E. holding that the debtors right to cure ended when the sheriff accepted the bid at the foreclosure auction even though the order confirming the sale had not been entered at the time of the bankruptcy filing

assistant: The best answer is C. holding at the judgmentcreditors winning bid of 1000 at the foreclosure sale was not unconscionable where the creditor waived any deficiency judgment
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 not be assignable by operation of law or otherwise; provided that Parent may designate, prior to the First Effective Time, by written notice to the Company, another Subsidiary all of the common equity of and voting interest in which are owned directly or indirectly by Parent to be a party to the Initial Merger in lieu of Corporate Sub, in which event all references herein to Corporate Sub shall be deemed references to such other Subsidiary (except with respect to representations and warranties made herein with respect to Corporate Sub as of the date of this Agreement) and all representations and warranties made herein with respect to Corporate Sub (other than the representations and warranties set forth in Section 5.2(b)(ii)) as of the date of this Agreement shall also be made with respect to such other Subsidiary as of the date of such designation; provided that such assignment shall not relieve Parent of its obligations hereunder or otherwise enlarge, alter or change any obligation of any other party hereto or due to Parent or such other Subsidiary; provided further that (unless each party agrees in its reasonable business discretion that the Mergers would reasonably be expected to fail to qualify for the Intended Tax Treatment without regard to such assignment) such assignment shall not prevent or impede the Initial Merger, together with the Subsequent Merger, from qualifying for the Intended Tax Treatment. Any assignment in contravention of the preceding sentence shall be null and void.

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: v. United States, — U.S.-, 131 S.Ct. 2685, 2693, 180 L.Ed.2d 519 (2011), this inquiry begins with U.S.S.G. § 1B1.10, the applicable policy statement. According to U.S.S.G. § lB1.10(b)(l), the court must first determine “the amended guideline range that would have been applicable to the defendant had the relevant amendment been in effect at the time of the initial sentencing.” Dillon, 130 S.Ct. at 2691 (internal quotation marks omitted). “In making such determination,” the court is prohibited from disturbing its previous “guideline application decisions,” U.S.S.G. § 1B1.10(b)(1), and furthermore, from imposing a revised term of imprisonment “that is less than the minimum of the amended guideline range,” id. § lB1.10(b)(2)(A). See United States v. Rivera, 662 F.3d 166, 171 (2d Cir.2011) (<HOLDING>); but see U.S.S.G. § lB1.10(b)(2)(B) (creating Options: A. holding that the limitations on the degree of a sentence reduction under 3582c2 are mandatory B. holding reduction of sentence under 3582c2 based on amendment not listed in 1b110c is not authorized C. holding that 3582c2 does not authorize a resentencing but merely provides for a sentence reduction within the bounds established by the sentencing commission and that booker does not apply to 3582c2 proceedings D. holding that a sentence below a statutory minimum based on the filing of a substantial assistance motion did not eliminate the otherwise applicable mandatory minimum for purposes of sentence modification under 3582c2 E. holding that a defendant is not eligible for a sentence reduction under section 3582c2 when the application of that amendment does not result in a lower sentencing range

assistant: The best answer is A. holding that the limitations on the degree of a sentence reduction under 3582c2 are mandatory
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: within the country of removal ... [and][o]ther relevant information regarding conditions in the country of removal.” 8 C.F.R. § 1208.16(c)(3)(iii) & (iv); see also Kamalthas, 251 F.3d at 1283 (stating that all relevant evidence must be considered, “even apart from any prior findings in the asylum context”). Here, the record indicated that members of Javed’s political party were subject to torture by the Pakistani government. The State Department profile reported that Pakistan’s police had “committed numerous extrajudicial killings and tortured, abused, and raped citizens,” including participating in violent attacks on Javed’s political party. We conclude that the IJ abused his discretion by resolving Javed’s CAT claim without considering this evidence. See Kamalthas, 251 F.3d at 1280 (<HOLDING>). Accordingly, we remand with in- structions Options: A. holding that the board abused its discretion in failing to recognize that country conditions alone can play a decisive role in granting relief under the convention B. holding that the bia abused its discretion when it denied petitioners motion to reopen by failing to consider evidence of country conditions C. 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 D. holding that in evaluating evidence of changed country conditions the bia compares the evidence of country conditions submitted with the motion to those that existed at the time of the merits hearing below E. holding that the court abused its discretion where the delay cannot not reasonably be attributed to the plaintiff alone

assistant: The best answer is A. holding that the board abused its discretion in failing to recognize that country conditions alone can play a decisive role in granting relief under the convention
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: (1995). 14 . The district court properly modified the specific finding of the AU on this point. The district court agreed with the ALJ that Leggett could be a cashier, but that there was only substantial evidence to support a finding that Leggett can be a cashier in a sedentary position, and not in a "light work" position as the ALJ held. 42 U.S.C.A. § 405(g) (West Supp.1995) ("The court shall have the power to enter ... a judgment affirming, modifying, or reversing the decision of the [Commissioner]”.). 15 . Scott v. Heckler, 770 F.2d 482, 487 (5th Cir.1985). 16 . Paul, 29 F.3d at 211. 17 . Id.; see also Greenspan, 38 F.3d at 237. 18 . Greenspan, 38 F.3d at 237. 19 . Pierre v. Sullivan, 884 F.2d 799, 802 (5th Cir.1989) (per curiam). 20 . Id. at 802-03. 21 . See Jones, 829 F.2d at 526 (<HOLDING>). 22 . Latham v. Shalala, 36 F.3d 482, 484 (5th Options: A. holding that the alj did not err by not ordering psychological tests when the claimant was merely emotionally upset about his condition B. holding that trial court did not err C. holding that the alj did not err in discounting a claimants reports of pain where they were not supported by the medical record D. holding that the plaintiff had not placed his mental condition in controversy because he was not complaining of any definable psychological symptoms E. holding that a bankruptcy court did not err in ordering repayment over five years

assistant: The best answer is A. holding that the alj did not err by not ordering psychological tests when the claimant was merely emotionally upset about his condition