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: Debtor attended Penn between 1997 and 2001. 4 . There are seven (7) such notes dated between May 22, 1997 and September 27, 2000 written under the PENN Guaranteed Loan Program in principal amounts that aggregate $32,092. In addition, attached to Penn's proof of claim is a promissory note in favor of Penn dated August 31, 2000 in the amount of $1,500.00. 5 . As of the date of confirmation, two (2) separate claims secured by the Debtor’s residence were filed. These two (2) claims totaled $263,606.93. The Debtor’s confirmed plan provides for those claims through the surrender of the secured property. See 11 U.S.C. § 1325(a)(5)(C). On August 14, 2007, presumably because a sale of the property had occurred resulting in no payment to the junior lienholder, one of the two claimants (TRF 86) (<HOLDING>). See generally In re Parker, 334 B.R. 529, Options: A. holding that university violated automatic stay by withholding chapter 13 debtors student transcript but that such action at bar did not rise to the level of contempt B. holding that a chapter 13 debtor should be able to obtain a copy of his transcript in light of the broader discharge provision of chapter 13 C. holding that state university violated 11 usc 362 and 525 by withholding debtors transcript where debt was dischargeable D. holding that refusal to provide chapter 7 debtor transcript because of default on student loan was a violation of the automatic stay based on the plain language of 11 usc 362 E. holding that university violated the automatic stay by withholding chapter 7 debtors transcripts because the debts were not yet determined nondischargeable

assistant: The best answer is A. holding that university violated automatic stay by withholding chapter 13 debtors student transcript but that such action at bar did not rise to the level of contempt
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive agrees that during the Employment Period and for a period during which Executive is being compensated under Section 4.5.1 or otherwise following termination of employment for any reason, Executive shall, at Company’s sole expense, upon reasonable advance notice, reasonably assist and cooperate with Company with regard to any investigation or litigation related to a matter or project in which Executive was involved during Executive’s employment so long as such assistance does not unreasonably interfere with Executive’s time or other responsibilities. Company shall reimburse Executive for all reasonable and necessary out-of-pocket expenses related to Executive’s services under this Section 4.9 within 30 business days after Executive submits to Company appropriate receipts and expense statements.

assistant: Cooperation
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: but also of the tribes themselves.”). None of the Tribe’s rights established by ICWA and enumerated in Holyfield are implicated, much less disregarded, here. Accordingly, I cannot understand the majority's continued emphasis on the primacy of tribal sovereignty as determinative of the outcome of this action. 49 . Beginning in February 2011, Father has intermittently sent checks to Appellants’ attorney for the benefit of Baby Girl. According to the record, Father remitted seven checks totaling $1,500. The most recent payment was dated July 7, 2011. 50 . This is particularly so in light of the evidence at trial indicating Father refused to provide Mother with pre-birth financial assistance. 51 . Lehr was preceded by Stanley v. Illinois, 405 U.S. 645, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972) (<HOLDING>), and Quilloin v. Walcott, 434 U.S. 246, 98 Options: A. holding that if an unwed father promptly comes forward and demonstrates a full commitment to his parental responsibilities emotional financial and otherwise his federal constitutional right to due process prohibits the termination of his parental relationship absent a showing of his unfitness as a parent B. holding unwed father entitled to hearing on his fitness as a parent before children could be taken from him after death of their mother C. holding unconstitutional a statute providing for children to be declared dependent and removed from their unwed fathers custody based on the presumption that unwed fathers are unfit parents D. holding that an illinois statute that conclusively presumed every father of a child born out of wedlock to be an unfit person to have custody of his children violated the due process clause and that due process required the father to be given an opportunity to present evidence regarding his fitness as a parent E. holding due process was violated by the automatic rejection of an unwed fathers custodial relationship without granting the father opportunity to present evidence regarding his fitness as a parent

assistant: The best answer is E. holding due process was violated by the automatic rejection of an unwed fathers custodial relationship without granting the father opportunity to present evidence regarding his fitness as a parent
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: At full pay and without any adverse effect to his compensation, provided that all other terms and conditions of this Agreement are satisfied, Executive shall be entitled to five (5) weeks of vacation for each full calendar year during the term of this Agreement. Executive agrees to schedule his vacation leave in advance upon written notice to Chief Executive Officer or other designated individuals. Carryover of vacation days shall be consistent with Company's existing policy.

assistant: Vacations
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 IRREVOCABLY AND ABSOLUTELY WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING BROUGHT BY A PARTY TO COMPEL THE DISPUTE RESOLUTION PROCEDURES PROVIDED IN SECTION 11.15 OF THIS AGREEMENT AND ARTICLE X OF THE SEPARATION AGREEMENT AND THE ENFORCEMENT OF ANY AWARDS OR DECISION OBTAINED FROM SUCH ARBITRATION PROCEEDING, AND AGREES TO TAKE ANY AND ALL ACTION NECESSARY OR APPROPRIATE TO EFFECT SUCH WAIVER.

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: There is no action, suit, proceeding or investigation (“ Action ”) pending or, to the knowledge of DVGG, currently threatened against DVGG or any of its affiliates, that may affect the validity of this Agreement or the right of DVGG to enter into this Agreement or to consummate the transactions contemplated hereby or thereby. There is no Action pending or, to the knowledge of DVGG, currently threatened against DVGG or any of its affiliates, before any court or by or before any governmental body or any arbitration board or tribunal, nor is there any judgment, decree, injunction or order of any court, governmental department, commission, agency, instrumentality or arbitrator against or relating to DVGG or any of its affiliates. Neither DVGG nor any of its affiliates is a party or subject to the provisions of any order, writ, injunction, judgment or decree of any court or government agency or instrumentality. There is no Action by DVGG or any of its affiliates currently pending or which DVGG or any of its affiliates intends to initiate.

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: This Guaranty will be governed by and enforced in accordance with the laws of the Commonwealth of Virginia, without giving effect to the choice of law principles of the Commonwealth of Virginia that would require the application of the laws of a jurisdiction other than the Commonwealth of Virginia.

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: do not consider the likelihood that the Commission would apply the Ordinance to other persons who cooperate with military recruiters by renting them office space, running their advertisements, and so forth. We also intimate no opinion as to whether the application of the Ordinance to such persons would run afoul of the supremacy clause. 9 . Lambda has represented to this court that 48 municipalities, 11 counties, and 7 states currently have ordinances that prohibit employment discrimination on the basis of sexual orientation. 10 . Likewise, we reject the Task Force’s assertion that the fact that Congress chose not to enact such a mandatory "right of access" somehow determines the question before us. Cf. Fidelity Fed. Sav. & Loan Ass'n v. de la Cuesta, 458 U.S. at 155, 102 S.Ct. at 3023 (<HOLDING>). 11 . The record does indicate, however, that Options: A. holding that the federal district courts dismissal of the plaintiffs federal claims deprived the court of its jurisdiction over the remaining state law claims arising from the same incident B. holding that requiring a permit and the restoration of the land after the mining operations had concluded did not preempt federal law however the court did recognize that where a state regulation rendered it impossible to exercise a right granted through federal legislation that state regulation would be in conflict with the federal right C. holding that just because a claim implicates a federal issue or involves construction of federal law does not necessarily give rise to a federal question and confer removal jurisdiction on a federal court D. holding that the conflict between state and federal law does not evaporate because the federal home loan bank boards regulation simply permits but does not compel federal savings and loans to include dueonsale clauses in their contracts the california cotuts have forbidden a federal savings and loan to enforce a dueonsale clause at its option and have deprived the lender of the flexibility given it by the board E. holding that federal proceedings should have been dismissed where the subject matter of the lawsuit in the federal district court in volved the review of oil drilling permits by a state agency because the state had established its own review system for the permits and a federal court ruling would have an impermissibly disruptive affect on state policy for management of the oil fields

assistant: The best answer is D. holding that the conflict between state and federal law does not evaporate because the federal home loan bank boards regulation simply permits but does not compel federal savings and loans to include dueonsale clauses in their contracts the california cotuts have forbidden a federal savings and loan to enforce a dueonsale clause at its option and have deprived the lender of the flexibility given it by the board
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: reproducing sr samples in timed relation to visual images ( i.e. , synchronizing ) in user videos created in strict compliance with this eula , provided you are using only an sr sample provided by the company and not any sound recordings , musical works , or other user videos uploaded by you or others to the service ; and

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by Southern Real Estate Group on its note. But, as we have previously admonished, “privity is not established by the mere fact that persons may happen to be interested in the same question or in proving the same state of facts.” Gaughan v. Spires Council of Co-Owners, 870 S.W.2d 552, 555 (Tex.App.Houston [1st Dist.] 1993, no writ). In its suit against Burchfield, Prosperity did not seek to bind Burchfield to any legal determination from its default judgment against Woodall. Woodall did not answer or defend himself in the prior lawsuit, so he certainly cannot be deemed to have represented Burchfield’s interest there. And, perhaps most importantly, allowing Prosperity to proceed with the underlying suit has not subjected Burchfield to two different lawsuits. See Barr, 837 S.W.2d at 631 (<HOLDING>). While it would have been more efficient for Options: A. holding that res judicata precludes relitigation of issue that was or could have been decided in enforcement order that was not appealed B. holding that res judicata prevents relitigation of a claim that was previously the subject of a valid and final decision of this court C. holding that the lender liability claims of the debtor are precluded by res judicata D. holding the relitigation exception was limited to those situations in which the state court has not yet ruled on the merits of the res judicata issue E. holding res judicata applied to prevent relitigation of liability where defendant was subject to two lawsuits under different theories of liability on the same note

assistant: The best answer is E. holding res judicata applied to prevent relitigation of liability where defendant was subject to two lawsuits under different theories of liability on the same note
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: Interest shall accrue on the Outstanding Balance of this Note at the rate of ten percent (10%) per annum from the Exchange Date until the same is paid in full; provided, however, that upon the occurrence of an Event of Default (as defined below), the Outstanding Balance of this Note shall, upon written notice from Lender to Borrower, bear interest at the lesser of the rate of eighteen percent (18%) per annum or the maximum rate permitted by applicable law, and calculated on the basis of a 360-day year, from the date the applicable Event of Default occurred until paid.

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: This Amendment and any disputes hereunder shall be governed by and construed in accordance with the laws of State of New York without giving effect to the conflict of law principles thereof. The United Nations Convention on Contracts for International Sales of Goods shall not apply to this Amendment.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: c ) disassemble , reverse engineer or otherwise decompile any software , applications , updates or hardware contained in or available via the skyscanner services and/or skyscanner platforms , except as permitted by law ;

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: without survey granted); Expoconsul International, Inc., v. A/E Systems, Inc., 755 F.Supp. 1237, 1247 (S.D.N.Y.1991) (same). This result is compelled where Nartron has failed to rebut the proffered evidence, nor provided evidence of its own suggesting that there is a genuine issue of material fact with respect to the issue of genericness. Also, Nartron’s reliance on ST’s failure to provide any dictionary containing a definition for “smart power” is misplaced. Dictionary definitions are merely one source from which genericness may be proven. The law is quite clear that the absence of a composite term from the dictionary does not end the analysis, because numerous terms have been found to be generic despite their absence from the dictionary. See, e.g., Liquid Controls, 802 F.2d at 937 (<HOLDING>); National Conf. of Bar Examiners, 692 F.2d at Options: A. holding that light beer is generic B. holding that a database is a generic computer element C. recognizing how generic and lightly invoked is the need for uniformity D. holding that liquid controls is generic E. holding that crab house is a generic term referring to a class of restaurants that serve crabs

assistant: The best answer is D. holding that liquid controls is generic
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that she has never seen Nathan Smith. Rather, the Smiths state in their Response that they do not dispute any of these facts, but that the facts are not relevant to this motion. See Response ¶¶ 35-39, at 5. The Tenth Circuit has held: “Without a specific reference, [the court] will not search the record in an effort to determine whether there exists dormant evidence which might require submission of the case to a jury.” Chavez v. New Mexico, 397 F.3d 826, 839 (10th Cir.2005) (quotation omitted). Accord Thomas v. Wichita Coca-Cola Bottling Co., 968 F.2d 1022, 1025 (10th Cir.1992) (explaining that searching the appel late record for “dormant evidence ... would not be fair to either the movant or the district court”); Carmen v. S.F. Unified Sch. Dist., 237 F.3d 1026, 1031 (9th Cir.2001) (<HOLDING>); Barge v. Anheuser-Busch, Inc., 87 F.3d 256, Options: A. holding that a court need not examine the entire file for evidence establishing a genuine issue of fact where the evidence is not set forth in the opposing papers with adequate references so that it could conveniently be found B. holding that while a district court has discretion to consider other materials in the record it has no obligation to do so where the evidence is not set forth in the opposing papers with adequate references so that it could conveniently be found C. holding that the state has no obligation to provide adequate housing D. holding that a district court need not comb the record to find some reason to deny a motion for summary judgment particularly where the evidence is not set forth in the opposing papers with adequate references so that it could conveniently be found E. holding that the district court need not examine the entire file for evidence establishing the absence of a genuine issue of fact where the evidenceis not set forth in the moving papers with adequate references so that it could conveniently be found

assistant: The best answer is B. holding that while a district court has discretion to consider other materials in the record it has no obligation to do so where the evidence is not set forth in the opposing papers with adequate references so that it could conveniently be found
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: as temporary; she claims that the agreement “is not worded in such a way that it states it will terminate on that date, rather the wording is such that the guardianship could continue past that date.” Guardian’s Brief at 12. Guardian’s interpretation is patently incorrect. The plain language of the agreement set a maximum length of the guardianship—until August 29, 2014—but provided that it could end sooner by being revoked prior to that end date. Nothing in the agreement contemplates an extension of Guardian’s appointment beyond August 29, 2014. Thus, the trial court properly construed the agreement as a temporary guardianship. The temporary nature of the guardianship rendered Children’s absence from Texas a temporary absence. M.E.V. v. B.D.V., 57 A.3d 126, 133 (Pa. Super. 2012) (<HOLDING>). Under our definition of “home state,” Options: A. holding that a state agency created under state law was a state actor B. holding that the state police is a state agency C. holding that in the absence of an adequate state remedy one whose constitutional rights are violated has a direct claim against the state under the state constitution D. recognizing that a foster parent may attain the status of psychological parent when the relationship is not temporary in duration and exists with the consent and encouragement of a childs legal parent or guardian E. holding that absence from prior state was temporary during the time it was contemplated that the parent and child would return to the other state

assistant: The best answer is E. holding that absence from prior state was temporary during the time it was contemplated that the parent and child would return to the other state
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 provisions of this Plan and the Deferral Agreements hereunder shall be binding upon and inure to the benefit of the Company, its successors, and its assigns, and to the Participants and their heirs, executors, administrators, and legal representatives.

assistant: Successors
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: propensity to commit criminal acts.” United States v. Williams, 308 F.3d 833, 837 (8th Cir.2002) (quoting United States v. Howard, 235 F.3d 366, 372 (8th Cir.2000)). For evidence of past crimes to be admissible under Rule 404(b), the evidence must be (1) relevant to a material issue; (2) similar in kind and not overly remote in time to the charged crime; (3) supported by sufficient evidence; and (4) such that its potential prejudice does not substantially outweigh its probative value. Williams, 308 F.3d at 837. Betterton argues that his prior convictions were not relevant to a material issue. However, evidence of past drug-related crimes is relevant to establish knowledge and intent for the charged drug offense. See, e.g., United States v. Thomas, 398 F.3d 1058, 1062 (8th Cir.2005) (<HOLDING>); United States v. Mendoza, 341 F.3d 687, 692 Options: A. holding two prior convictions for distribution of crack relevant to show intent to distribute the crack found in defendants possession B. holding that a federal agents expert testimony regarding the characteristics of crack cocaine and the methods of its distribution was admissible and highly relevant in helping the jury resolve the central issue of whether the defendant possessed crack cocaine with intent to distribute C. holding that evidence that the accused possessed 37 grams of crack was sufficient to prove he had the intent to distribute it D. holding that the defendants prior distribution of crack was admissible to prove that he had intent and knowledge regarding crack found in a gym bag E. holding that the evidence was sufficient to support a conviction under 856 where premises contained two white envelopes containing thirtytwo packs of crack cocaine equipment required for the manufacture and packaging of crack cocaine fortyone white envelopes containing particles of crack cocaine and crack cocaine stored in a laundry bag in the bathroom

assistant: The best answer is A. holding two prior convictions for distribution of crack relevant to show intent to distribute the crack found in defendants possession
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: director and former coach to be a limited purpose public figure); Vandenburg v. Newsweek, Inc., 507 F.2d 1024, 1025 n. 1 (5th Cir.1975) (finding a track coach to be a public figure “for a limited range of issues”); Time, Inc. v. Johnston, 448 F.2d 378, 380 (4th Cir.1971) (finding that a basketball player was a limited purpose public figure so far as an article concerned his public performance); Celle v. Filipino Reporter Enters., Inc., 209 F.3d 163, 177 (2d Cir.2000) (finding defendant, a “well known radio commentator,” was a public figure within the city’s Filipino-American community); Grayson v. Curtis Publ’g Co., 72 Wash.2d 999, 436 P.2d 756, 762 (1968) (finding that a basketball coach was a limited purpose public figure); Brooks v. Paige, 773 P.2d 1098, 1101 (Colo.Ct.App.1988) (<HOLDING>); Gomez v. Murdoch, 193 NJ.Super. 595, 475 A.2d Options: A. holding that tramway project developer who voluntarily sought public approval of project was public figure B. holding that a soccer player was a public figure within the local sports community C. holding that a candidate for a planned unit development associations board was a limited purpose public figure because as a candidate for election to the associations board of directors plaintiff thrust himself into a spotlight which justified viewing him as a public figure for the limited purpose of his candidacy D. holding that former state transportation department employee who brought allegations of departmental corruption to public attention was public figure E. holding under federal law that public figure claiming iied based on defamatory nature of speech must prove actual malice

assistant: The best answer is B. holding that a soccer player was a public figure within the local sports community
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before October 19, 2017; provided , however , that no such termination will affect the right of any party to sue for any breach by any other party (or parties).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: analysis is not supported by substantial evidence and did not comply with the factors set forth in SSR 96-7p. (Dkt. No. 10, p. 24). The Commissioner contends that the ALJ reasonably concluded that plaintiffs subjective symptoms were not entirely credible. Defendant argues that the ALJ properly found that plaintiffs claimed psychiatric symptoms were refuted by her treatment records and inconsistent with her activities and lifestyle. (Dkt. No. 11, p. 21-22). The ALJ retains discretion to assess the credibility of a claimant’s testimony regarding disabling pain and “to arrive at an independent judgment, in light of medical findings and other evidence, regarding the true extent of the pain alleged by the claimant.” Marcus v. Califano, 615 F.2d 23, 27 (2d Cir.1979); Snell, 177 F.3d at 135 (<HOLDING>). If plaintiffs testimony concerning the Options: A. holding the preponderaneeoftheevidence standard of review does not require this court to disregard the findings at trial or ignore the fact that the circuit court was in a better position to assess the credibility of the witnesses B. holding that where adequately supported credibility findings are for the alj to make C. recognizing the purpose of crossexamination is to enlighten the jury as to whether the witness actuallyas a matter of fact knows the general reputation of the defendant and to place the jury in a better position to pass upon the credibility of the witness testimony D. holding that an alj is in a better position to decide credibility E. holding that inconsistencies adequately support the administrative law judges alj adverse credibility finding

assistant: The best answer is D. holding that an alj is in a better position to decide credibility
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: which required that five years of civilian service be rendered before any employee may be entitled to an annuity. Act of February 28, 1948, ch. 84, § 5, 62 Stat. 48, 50-51 (1948); see also S.Rep. No. 746; 80th Cong., 2d Sess. (1948), reprinted in 1948 U.S.Code Cong.Serv. 1107, 1111 (“section [5] requires that 5 years of civilian service be rendered before any employee may have title to annuity, rather than a combination of civilian and military service”). Villanueva’s contention that his military and civilian service should be combined is thus expressly precluded by the Act. Because Villanueva has alleged only 34 months of civilian service, Villanueva cannot qualify for an annuity under the 1948 Act. See Cheeseman v. Office of Personnel Management, 791 F.2d 138, 140-41 (Fed.Cir.1986) (<HOLDING>). CONCLUSION Accordingly, Villanueva is not Options: A. holding that a plaintiff in an erisa denial of benefits case bears the burden of proving her entitlement to contractual benefits B. holding that the burden of proving that the employee did not make reasonable efforts is on the defendant C. holding that the burden of proving lack of negligence is on the owner D. holding that the board properly placed the burden of proving entitlement to benefits on the applicant E. recognizing that the party seeking attorney fees bears the burden of proving entitlement to those fees

assistant: The best answer is D. holding that the board properly placed the burden of proving entitlement to benefits on the applicant
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: 509 (N.J.Super.Ct.App.Div.1989). There is no question that the proceedings before the ISP Resentencing Panel implicate important state interests. However, there is a real question over whether there is an adequate opportunity, even if the proceedings can be considered judicial in nature, for the Plaintiff to raise constitutional challenges. This is because there is no opportunity for the Plaintiff to appeal the decisions of the ISP Panel to any New Jersey court and present his constitutional arguments to such a court. Without an opportunity to appeal to a true New Jersey state court it is likely that the Plaintiff will not be afforded an adequate opportunity to raise his constitutional challenges. See Amanatullah v. Colorado Bd. of Medical Examiners, 187 F.3d 1160, 1164 (10th Cir.1999) (<HOLDING>); Port Auth. Police Benevolent Ass’n, 973 F.2d Options: A. holding that there is no right to habeas review of administrative evidentiary determinations before a district court where direct review of the administrative proceedings is available in the appellate courts B. holding that there was no question that the full and fair opportunity element was met where there was no indication that such an opportunity was unavailable C. holding alien not denied judicial review because habeas was available D. holding that there was adequate opportunity when state court judicial review of an administrative proceeding was available E. holding that judicial review is not available of the governments certification under 18 usc 5032 as required to initiate a juvenile delinquency proceeding that inter alia an appropriate court of a state does not have available programs and services adequate for the needs of juveniles

assistant: The best answer is D. holding that there was adequate opportunity when state court judicial review of an administrative proceeding was available
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All representations and warranties set forth in this Agreement shall survive the Closing Date and the consummation of the Transaction contemplated hereby and continue in full force and effect until the third anniversary of the Closing Date. Clause Fourteenth shall survive the Closing Date and the consummation of the Transaction contemplated hereby and continue in full force and effect until the fifth anniversary of the Closing Date. Clauses Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fifteenth shall survive the Closing Date and the consummation of the Transaction contemplated hereby and continue in full force and effect until the tenth anniversary of the Closing Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution and delivery of this Agreement and the other Transaction Documents to which the Buyer is a party and the consummation of the transactions contemplated hereby and thereby will not (a) conflict with, result in a breach of, constitute (with or without due notice or lapse of time or both) a default under, result in the acceleration of obligations under, create in any party the right to accelerate, terminate, modify or cancel, or require any notice, consent or waiver under, any contract, lease, sublease, license, sublicense, franchise, permit, indenture, agreement or mortgage for borrowed money, instrument of indebtedness, Lien or other arrangement to which the Buyer is a party or by which the Buyer is bound or to which the Buyer’s assets are subject, (b) result in the imposition of any Lien upon any assets of the Buyer or (c) violate any order, writ, injunction, decree, statute, rule or regulation applicable to the Buyer, except, in each case, to the extent such conflict, breach, default, acceleration, termination, modification, cancellation, notice, waiver, Lien or violation would not, individually or in the aggregate, prevent, materially alter or materially delay the transactions contemplated by this Agreement.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: `` user-generated content '' refers to any communications , messages , text , images , drawings , photos , sound , voice , audio recordings , music , movies , information , data and any other material and content ( including user names , nicknames , customised mii characters , mii nicknames , customised levels , maps , scenarios etc. ) that is created by or licensed to nintendo account users and that is posted , sent or otherwise made available by a nintendo account user via the nintendo account service .

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 may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument, and any party hereto may execute this Agreement by signing any such counterpart. Delivery of an executed counterpart of a signature page of this Agreement by telecopy, emailed pdf. or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Agreement. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Agreement and the transactions contemplated hereby shall be deemed to include electronic signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

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: interest in that account. As mentioned above, the interpretation of § 11(a) and Rule lla-l(a) the SEC applied here — that a member has an interest in an account for purposes of those provisions where the member shares in the economic risk of trades in the account— has been articulated in prior SEC Exchange Act Releases dealing with conduct remarkably similar to Levine’s. In In re New York Stock Exchange, 70 SEC Docket 106, Exchange Act Release No. 34-41574, 1999 WL 430863 (June 29, 1999), the SEC held that “any compensation arrangement that results in the exchange member sharing in the trading performance of an account, however structured, makes the account that member’s ‘own account,’ or constitutes an ‘interest’ in the account, for purposes of Section 11(a) and Rule lla-1.” Id. at *3 (<HOLDING>). The SEC proceeded to hold individual brokers Options: A. holding that the state as well as the defendant has a right to rely on compliance with rule 16 B. holding that the united states may bring suit against a state to enforce compliance with federal law C. holding that 105 authorizes bankruptcy courts to impose sanctions for civil contempt to compel compliance with a court order or compensate parties for losses caused by noncompliance D. holding that the nyse failed to enforce compliance with 11a and rule llala by failing to oversee properly the conduct of independent brokers who were being compensated based on a percentage of their accounts trading profits or losses E. holding that civil contempt is designed to coerce the defendant into compliance with the courts order or compensate the complainant for losses sustained

assistant: The best answer is D. holding that the nyse failed to enforce compliance with 11a and rule llala by failing to oversee properly the conduct of independent brokers who were being compensated based on a percentage of their accounts trading profits or losses
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive’s employment hereunder may be terminated by either party at any time and for any or no reason; provided that Executive will be required to give the Company advance written notice of any resignation of Executive’s employment (as set forth in this Section 7). Notwithstanding any other provision of this Agreement, the provisions of this Section 7 shall exclusively govern Executive’s rights upon termination of employment with the Company and its affiliates.

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: Anything in this Agreement to the contrary notwithstanding, in the event it shall be determined that as a result of any payment or distribution by the Company to or for Executive’s benefit whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise (the “ Payments ”) , Executive would be subject to the excise tax imposed by Sections 409A, 280G or Section 4999 of the Internal Revenue Code or any interest or penalties are incurred by the Executive with respect to such excise tax (such excise tax, together with any such interest and penalties, are hereinafter collectively referred to as the “ Excise Tax”), the Executive shall be entitled to receive an additional payment (a “ Gross-Up Payment ”) in an amount such that, after payment by the Executive of all taxes (including any interest or penalties imposed with respect to such taxes), including, without limitation, any income taxes and Excise Tax imposed upon the Gross-Up Payment, Executive is in the same after-tax position as if no Excise Tax had been imposed upon Executive with respect to the Payments, provided further that such Gross-Up Payment shall be made prior to April 15th of the calendar year following the year in which Executive receive any payment or distribution from the Company which gives rise to a Gross-Up Payment.

assistant: Adjustments
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 notices, approvals, requests, demands and other communications hereunder shall be delivered or made in the manner set forth in, and shall be effective in accordance with the terms of, the Credit Agreement; provided , that, to the extent any such communication (i) is being made or sent to a Grantor such communication shall be effective as to such Grantor if made or sent to the Borrower or in accordance with the foregoing or (ii) is being made or sent to the Agent, such communication shall be made to the Agent at the address set forth below the Agent’s signature hereto. The Grantors and the Agent may change their respective notice addresses by written notice given to the other parties hereto 10 days following the effectiveness of such change.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise notified by the Borrower to the Agent, Schedule 6.5 is a correct and complete list of the name and relationship to each Loan Party of each and all of its Subsidiaries. All of the Foreign Subsidiaries of Westlake, as of the Closing Date, are owned, directly or indirectly, by the Loan Parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties hereto agree, upon demand by any party, to submit to binding arbitration all claims, disputes and controversies between or among them (and their respective employees, officers, directors, attorneys, and other agents), whether in tort, contract or otherwise in any way arising out of or relating to (i) any credit subject hereto, or any of the Loan Documents, and their negotiation, execution, collateralization, administration, repayment, modification, extension, substitution, formation, inducement, enforcement, default or termination; or (ii) requests for additional credit; provided, however, that nothing herein shall preclude or limit Bank’s right to confess judgment pursuant to a warrant of attorney provision set forth in any Loan Document; and provided, further, that no party shall have the right to demand binding arbitration of any claim, dispute or controversy seeking to (iii) strike-off or open a judgment obtained by confession pursuant to a warrant of attorney contained in any Loan Document, (iv) challenge the waiver of a right to prior notice and a hearing before judgment is entered, or after judgment is entered, but before execution upon the judgment, which such claims, disputes or controversies shall be commenced and prosecuted in accordance with the procedures set forth, and in the forum specified by, Rules 2950 through and including Rule 2986 of the Pennsylvania Rules of Civil Procedure or any such other applicable federal or state law. In the event of a court ordered arbitration, the party requesting arbitration shall be responsible for timely filing the demand for arbitration and paying the appropriate filing fee within 30 days of the abatement order or the time specified by the court. Failure to timely file the demand for arbitration as ordered by the court will result in that party’s right to demand arbitration being automatically terminated.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Servicer, directly or through a Subservicer, makes (i) a deposit into the Collection Account in respect of a collection of a Receivable and such collection was received by the Servicer in the form of a check that is not honored for any reason or (ii) a mistake with respect to the amount of any collection and deposits an amount that is less than or more than the actual amount of such collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Scheduled Payment in respect of which a dishonored check is received shall be deemed not to have been paid.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Performance Share subject to this Award shall be forfeited upon the termination of the Grantee's continuous employment by the Corporation, including Subsidiaries, from the Date of Grant, except to the extent otherwise provided in Section 2. Any Dividend Equivalent subject to this Award shall expire at the time its tandem Performance Share (i) is vested and paid, or deferred, or (ii) is forfeited.

assistant: Forfeitures