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: Within ten (10) business days of execution of this Agreement, the Company will reimburse the PL Capital Group One Hundred Fifty Thousand Dollars ($150,000) for its legal fees and expenses incurred in connection with its investment in the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall terminate and be of no further force and effect upon the later of (a) six (6) months following the Closing Date and (b) the date when all Registrable Securities have been sold or otherwise disposed of pursuant to the Registration Statement; provided , however , the indemnification and contribution provisions set forth in Section 9 shall survive any such termination.

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: agreement.” Lisanti v. Alamo Title Ins. of Tex., 2002-NMSC-032, ¶ 17, 132 N.M. 750, 55 P.3d 962. “[R]edue[ing] caseloads in the courts, not only by allowing arbitration, but also by requiring controversies to be resolved by arbitration where contracts or other documents so provide” was the legislative intent behind this State’s enactment of the Uniform Arbitration Act. Dairyland Ins. Co. v. Rose, 92 N.M. 527, 531, 591 P.2d 281, 285 (1979); see NMSA 1978, §§ 44-7A-1 to -32 (2001). {15} Inasmuch as arbitration provisions are favored where they have been agreed upon by both parties, New Mexico courts have clearly distinguished those situations where lack of agreement by the parties renders an arbitration clause unenforceable. See Lisanti, 2002-NMSC-032, ¶¶4-8, 132 N.M. 750, 55 P.3d 962 (<HOLDING>); see also McMillan v. Allstate Indem. Co., Options: A. holding plaintiff waived right to arbitration by not simultaneously requesting a stay and an order of arbitration at the time of the complaint B. holding that a dispute arising out of an insurance policy was not covered by the arbitration provision in the parties separate premium payment agreement because if the party had intended to subject this dispute to the arbitration provision it could easily clearly and unequivocally have done so either by including an arbitration provision in the insurance policy itself or by adding to the above arbitration provision C. holding that an arbitration clause was narrow when it called for arbitration only of disputes relating to certain payments made under the lease D. holding that in the context of uninsured motorist disputes where the insurance endorsement provides for arbitration only upon the agreement of both parties the insureds could not unilaterally compel insurer to arbitrate E. holding an insureds right to a jury trial was violated by a state regulation that mandated arbitration of eer tain title insurance disputes at the option of one party

assistant: The best answer is E. holding an insureds right to a jury trial was violated by a state regulation that mandated arbitration of eer tain title insurance disputes at the option of one party
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party represents, warrants and covenants that it will comply with the U.S. Customs & Trade Partnership Against Terrorism and with the laws and regulations relating to anti-corruption and anti-bribery including the U.S. Foreign Corrupt Practices Act (collectively, the “ Anti-Corruption Laws ”). Each Party further represents and warrants that no one acting on its behalf will give, offer, agree or promise to give, or authorize the giving directly or indirectly, of any money or other thing of value to anyone as an inducement or reward for favorable action or forbearance from action or the exercise of influence (a) to any governmental official or employee (including employees of government-owned and government-controlled corporations or agencies), (b) to any political party, official of a political party, or candidate, (c) to an intermediary for payment to any of the foregoing, or (d) to any other person or entity in a corrupt or improper effort to obtain or retain business or any commercial advantage, such as receiving a permit or license.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The failure of any party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver or deprive that party thereafter of the right to insist upon strict adherence to that term or any other term of this Agreement. All waivers must be in writing and signed by an authorized representative of the party against which such waiver is being sought. The pursuit by either party of any remedy to which it is entitled at any time or continuation of the Agreement despite a breach by the other shall not be deemed an election of remedies or waiver of the right to pursue any other remedies to which it may be entitled.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: some of the characters , logos , or other images incorporated by viber in our services are also protected as registered or unregistered trademarks , trade names , and/or service marks owned by viber or others ( `` trademarks '' ) .

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: of sexual misconduct with more than one victim, and the Smart School obviously acquiesced in order to obtain at least some coverage for sexual misconduct by its employees. Moreover, unlike in the pollution exposure cases, the coverage “trigger” is ascertainable and therefore not illusory. Notably, in Diocese of Joliet, the court acknowledged that “[t]he first encounter rule may apply where the parties agree that all damage occurred at the time of the first sexual encounter.” In this case, the parties were free to define the scope of coverage for sexual misconduct by incorporating the first encounter rule among the insuring provisions and P.J. has supplied no legitimate reason why it should not be enforced as written. See Green v. Life & Health of Am., 704 So.2d 1386, 1391 (Fla.1998) (<HOLDING>); See also Quinerly v. Dundee Corp., 159 Fla. Options: A. holding that a sentence not in compliance with the mandatory provisions of a sentencing statute was illegal and appealable B. holding that under the tgaa procedural questions such as compliance with conditions precedent are left to arbitrators determination C. holding that assuming compliance with a standard form and the absence of conflict with statute the parties to a contract of insurance are free to incorporate such provisions and conditions as they desire D. holding that such provisions are valid E. holding that when a conflict arises between parties to a contract regarding the subject matter of that contract the contractual relationship controls and parties are not permitted to assert actions in tort in an attempt to circumvent the bargain they agreed upon

assistant: The best answer is C. holding that assuming compliance with a standard form and the absence of conflict with statute the parties to a contract of insurance are free to incorporate such provisions and conditions as they desire
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 366 U.S. 761 81 S.Ct. 1670 6 L.Ed.2d 853 Harry Joseph PAYNE, petitioner,v.Paul J. MADIGAN, Warden. Thomas E. YOUNG, petitioner, v. UNITED STATES. Nos. 180, 184. Supreme Court of the United States June 5, 1961 Rehearing Denied Oct. 9, 1961. See 82 S.Ct. 22, 23. Mr. Frederick M. Rowe, Washington, D. C., for petitioners in both cases. Mr. Harold H. Greene, Washington, D. C., for respondents in both cases. On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit. On Writ of Certiorari to the United States Court of Appeals for the Eighth Circuit. PER CURIAM. 1 The judgments are affirmed by an equally divided Court. 2 Mr. Justice FRANKFURTER took no part in the consideration or decision of these cases.

assistant: 1
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is guilty of manslaughter in the first degree when: ... Being eighteen years old or more and with intent to cause physical injury to a person less than eleven years old, the defendant recklessly engages in conduct which creates a grave risk of serious physical injury to such person and thereby causes the death of such person.” N.Y. Penal Law § 125.20[4], 5 . Sweet also argued that his due process rights were violated and that he was denied a fair trial because he was charged with second degree murder and first degree manslaughter in the conjunctive instead of in the alternative. The district court rejected this argument. Because the Certificate of Appealability does not include this issue, we do not address it in this appeal. See Smaldone v. Senkowski, 273 F.3d 133, 139 (2d Cir.2001) (<HOLDING>). 6 . In its entirety, the Certificate of Options: A. holding that appellate review in a habeas ease is limited to the issues specified in the coa B. holding that appellate jurisdiction is limited to the issues contained in the certificate of appealability C. holding that under 28 usc 2253c1 certificate of appealability may issue only if the applicant has made a substantial showing of the denial of a constitutional right D. holding that appellate review is limited to the issues specified in the coa E. holding that a certificate of appealability issued without meeting the substantial showing of the denial of a constitutional right requirement nonetheless suffices to confer appellate jurisdiction quoting 28 usc 2253c2

assistant: The best answer is B. holding that appellate jurisdiction is limited to the issues contained in the certificate of appealability
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: Varela, 1999-NMSC-045, ¶¶ 25-26, 128 N.M. 454, 993 P.2d 1280. “In order to preserve an issue for appeal, ‘it is essential that the ground or grounds of the objection or motion be made with sufficient specificity to alert the mind of the trial court to the claimed error or errors, and that a ruling thereon then be invoked.’ ” Id. ¶25 (quoting State v. Lopez, 84 N.M. 805, 809, 508 P.2d 1292, 1296 (1973)). There is nothing in the record to indicate that Defendant alerted the trial court to his allegations that Judge Thrower’s testimony took an element of fact away from the jury. Finally, Defendant concedes that he failed to object to the State’s closing argument. As such, this argument is not properly before us. See State v. Lucero, 118 N.M. 696, 701, 884 P.2d 1175, 1180 (Ct. App.1994) (<HOLDING>). In addition, we note that during Defendant’s Options: A. recognizing that the defenses response argument at closing can ameliorate the improper prosecutorial comments B. holding that argument regarding victim of prior offense was improper C. holding the prosecutors argument if it was there they can bring it to you was not an improper jury argument D. holding on habeas review that counsels failure to object to improper argument at trial did not prejudice petitioner where other evidence supported a guilty verdict and the jury was told closing argument was not evidence E. holding that a defendant bears the burden of objecting to an allegedly improper closing argument at the time the improper argument is made

assistant: The best answer is E. holding that a defendant bears the burden of objecting to an allegedly improper closing argument at the time the improper argument is made
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall not create, incur, assume or suffer to exist any Lien on any portion of the Property or permit any such action to be taken, except for Permitted Encumbrances; provided, however, after prior notice to Lender, Borrower, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any mechanic’s or materialmen’s liens; provided that (a) no Default or Event of Default has occurred and remains uncured; (b) such proceeding shall be permitted under, and be conducted in accordance with, the provisions of any other instrument to which Borrower is subject and shall not constitute a default thereunder and such proceeding shall be conducted in accordance with all applicable statutes, laws and ordinances; (c) neither the Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, cancelled or lost; (d) Borrower shall promptly upon final determination thereof pay the amount of any claim resulting in such Lien, together with all costs, interest and penalties which may be payable in connection therewith; (e) such proceeding shall suspend the collection of any claims resulting in such contested Lien; and (f) Borrower shall furnish such security as may be required in the proceeding, or as may be reasonably requested by Lender, to insure the payment of any claim resulting in such contested Lien, together with all interest and penalties thereon.

assistant: Liens
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 capitalization of the Company is as set forth in the SEC Reports. Except as set forth on Schedule 3(f), the Company has not issued any capital stock since its most recently filed periodic report under the Exchange Act. Except for the holders of the Series B Preferred Stock, no Person has any right of first refusal, preemptive right, right of participation, or any similar right to participate in the transactions contemplated by the Transaction Documents. Except as set forth in the SEC Reports, as a result of the purchase and sale of the Securities there are no outstanding options, warrants, scrip rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities, rights or obligations convertible into or exercisable or exchangeable for, or giving any Person any right to subscribe for or acquire, any shares of Common Stock or the capital stock of any Subsidiary, or contracts, commitments, understandings or arrangements by which the Company or any Subsidiary is or may become bound to issue additional shares of Common Stock or Common Stock Equivalents or capital stock of any Subsidiary. The issuance and sale of the Securities will not obligate the Company or any Subsidiary to issue shares of Common Stock or other securities to any Person (other than the Purchasers) and will not result in a right of any holder of Company securities to adjust the exercise, conversion, exchange or reset price under any of such securities. There are no outstanding securities or instruments of the Company or any Subsidiary that contain any redemption or similar provisions, and there are no contracts, commitments, understandings or arrangements by which the Company or any Subsidiary is or may become bound to redeem a security of the Company or such Subsidiary. The Company does not have any stock appreciation rights or “phantom stock” plans or agreements or any similar plan or agreement. All of the outstanding shares of capital stock of the Company are duly authorized, validly issued, fully paid and nonassessable, have been issued in compliance with all federal and state securities laws, and none of such outstanding shares was issued in violation of any preemptive rights or similar rights to subscribe for or purchase securities. No further approval or authorization of any stockholder, the Board of Directors or others is required for the issuance and sale of the Securities. There are no stockholders agreements, voting agreements or other similar agreements with respect to the Company’s capital stock to which the Company is a party or, to the knowledge of the Company, between or among any of the Company’s stockholders.

assistant: Capitalization
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: grown by independent farmers were processed by the employer prevented it from receiving the “secondary agriculture” exemption); Skipper v. Superior Dairies, Inc., 512 F.2d 409, 411-12 (5th Cir.1975) (employees who delivered and disposed of dairy products did not fit within the primary or secondary meaning of agriculture); Brennan v. Sugar Cane Groivers Co-op. of Fla., 486 F.2d 1006, 1011 (5th Cir.1973) (camp cooks for sugar cane workers fell within the secondary meaning of agriculture); Hodgson v. Ewing, 451 F.2d 526 (5th Cir.1971) (clerical work performed for a contractor primarily engaged in leveling agricultural land was not within the secondary meaning of agriculture, as most of that clerical work took place off the farm); NLRB v. Hudson Farms, Inc., 681 F.2d 1105, 1106 (8th Cir.) (<HOLDING>); Valmac Indus., Inc. v. NLRB, 599 F.2d 246, Options: A. holding that farm workers who voluntarily choose to ride employers bus to and from field were engaged in noncompensable travel B. holding that employees who transported live poultry from an independent growers farm to their employers processing plant were not agricultural laborers C. holding that the antiretaliation provision must protect employees who complain about violations to their employers D. holding that employers are not liable for conduct of ordinary employees because an ordinary employees conduct will normally be so unrelated to the employers business that it cannot be deemed in furtherance thereof E. holding that atwill employees have no contractual relationship with their employers to support a cause of action under section 1981

assistant: The best answer is B. holding that employees who transported live poultry from an independent growers farm to their employers processing plant were not agricultural laborers
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 amendment to the Plan shall be deemed to be an amendment to this Agreement to the extent that the amendment is applicable hereto; provided, however, that (a) no amendment shall adversely affect the rights of Grantee under this Agreement without Grantee’s written consent and (b) Grantee’s consent shall not be required to an amendment that is deemed necessary by the Company to ensure exemption from or compliance with Section 409A of the Code or Section 10D of the Exchange Act and any applicable rules or regulations promulgated by the Securities Exchange Commission or any national securities exchange or national securities association on which the Common Stock may be traded, including as a result of the implementation of, or modification to, any clawback policy the Company adopts, or has adopted, to comply with the requirements set forth in Section 10D of the Exchange Act or as provided for in subparagraph 4(f) of the Employment Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and the Subsidiaries have, or have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights and similar rights as described in the SEC Reports as necessary or required for use in connection with their respective businesses and that the failure to so have could have a Material Adverse Effect (collectively, the “ Intellectual Property Rights ”). None of, and neither the Company nor any Subsidiary has received a notice (written or otherwise) that any of, the Intellectual Property Rights has expired, terminated or been abandoned, or is expected to expire or terminate or be abandoned, within two (2) years from the date of this Agreement. Neither the Company nor any Subsidiary has received, since the date of the latest audited financial statements included within the SEC Reports, a written notice of a claim or otherwise has any knowledge that the Intellectual Property Rights violate or infringe upon the rights of any Person, except as could not have or reasonably be expected to not have a Material Adverse Effect. To the knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights. The Company and its Subsidiaries have taken reasonable security measures to protect the secrecy, confidentiality and value of all of their intellectual properties, except where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Without in any way limiting the provisions of Section 1 hereof, the Guarantor hereby waives notice of acceptance hereof, notice of any liability of the Guarantor hereunder, notice or proof of reliance by the Administrative Agent, the L/C Issuers or the Lenders upon the obligations of the Guarantor hereunder, and diligence, presentment, demand for payment on the Borrower, protest, notice of dishonor or non-payment of any of the Guaranteed Obligations, or other notice or formalities to the Borrower or the Guarantor of any kind whatsoever.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: your agreement to this tos constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the yahoo services in an authorized manner .

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: EACH OF THE BORROWER, THE AGENT AND THE BANKS HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY LOAN DOCUMENT TO WHICH IT IS A PARTY OR ANY INSTRUMENT OR DOCUMENT DELIVERED THEREUNDER.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: nothing in the agreements removes or limits spotify 's liability for fraud , fraudulent misrepresentation , death or personal injury caused by its negligence , and , if required by applicable law , gross negligence .

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: of a debt collector carved out by Section 1692a(6)(F)(ii) of the statute. As a result, the Court will not reach the additional bases for the Defendants’ argument pertaining to dismissal of the FDCPA claim. Section 1692a(6)(F)(iii) exempts from the definition of “debt collector” any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity ... concerns a debt which was not in default at the time it was obtained by such person. § 1692a(6)(F)(iii). Thus, the FDCPA is inapplicable to “collection efforts by those who obtained the right to payment on the debt before the debt was in default.” Franceschi, 22 F.Supp.2d at 253; See also Healy v. Jzanus Ltd., No. 02 CV 1061, 2006 VJL 898067, at *5 (E.D.N.Y. Apr. 4, 2006) (<HOLDING>). In this case, Plaintiffs do not allege the Options: A. holding that fdcpa applies to attorneys who regularly engage in consumer debt collection activities B. holding that an entity engaged in collection activity on a defaulted debt acquired from another is a debt collector under the fdcpa even though it may actually be owed the debt C. holding that where the defendant obtained a nondefaulted debt under the mistaken belief that the debt was in default and where the defendants subsequent collection activities were based on that mistaken belief the defendant was a debt collector for purposes of the fdcpa D. holding that the fdcpa did not apply to a collection agency retained by a hospital seeking medicaid reimbursement because the underlying debt was not in default even though the agency identified itself as a debtcollector E. holding that reporting a consumers debt to a creditreporting agency constitutes collection of the debt under 1692gb

assistant: The best answer is D. holding that the fdcpa did not apply to a collection agency retained by a hospital seeking medicaid reimbursement because the underlying debt was not in default even though the agency identified itself as a debtcollector
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: law. For example, in Pace v. Insurance Company of North America, 838 F.2d 572, 578-79 (1st Cir.1988), we held that maritime law did not preempt a Rhode Island cause of action allowing recovery of damages and attorney’s fees for an insurer’s bad faith refusal to pay or settle claims; the refusal to settle [insurance] claims is normally left untouched by maritime law. Id. at 41 (emphasis added). Thus, the cases relied upon by Kenealy do not support the Kenealy court’s proposition that they reached the same conclusion as Inger-soll. In addition, Underwriters does not provide any reason, nor have we found one, to require a unitary and uniform federal rule respecting attorney’s fees in maritime in surance litigation. See INA, 800 F.2d at 1381; see also Coastal Fuels, 207 F.3d at 1251 (<HOLDING>). In conclusion, we hold that a district court Options: A. holding that a public administrator was not entitled to attorneys fees in a claim against the estate of a former guardian where the case was not one where attorneys fees were authorized and there was no evidence to support the award B. holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees C. holding that appellate court should reverse and remand issue of attorneys fees where damages are reduced on appeal in a manner that could affect the determination of reasonable and necessary attorneys fees D. holding that a party may recover attorneys fees under section 38001 only if the party prevails on a cause of action for which attorneys fees are available and recovers damages E. holding that no reason existed to create a uniform national rule in admiralty where the case concerned attorneys fees and whether the contractual provision which provided for attorneys fees should allow a party to recover attorneys fees where it succeeded on all but one minor issue

assistant: The best answer is E. holding that no reason existed to create a uniform national rule in admiralty where the case concerned attorneys fees and whether the contractual provision which provided for attorneys fees should allow a party to recover attorneys fees where it succeeded on all but one minor issue
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: 93 precludes Stovall’s application for probate of an earlier will. In Guinn, there was an order specifically setting aside an order admitting the will to probate. Such circumstances do not exist in this case. Without citing to specific authority, caselaw or otherwise, Stovall asks this court to hold that the admission of a will into probate is negated by a subsequent finding that such will is a forgery. We find no authority supporting such a proposition. We do find, however, that such a conclusion would run against general principles of what it means to admit a will to probate. A judgment admitting an instrument to probate as a will fixes and confirms the rights of those who are named as devisees and legatees and for those who take under them. See Steele v. Renn, 50 Tex. 467 (1878) (<HOLDING>). A judgment admitting a propounded instrument Options: A. holding that an action under the illinois declaratory judgment act to void a will must be construed as a will contest that is governed by the laws controlling such contests in probate proceedings B. holding that the trial courts determination that the invalidity of an unprobated will under texass declaratory judgment act was not error where the action was joined with a probate action and multiple wills were before the court C. holding that an issue not presented to the trial court will not be considered on appeal D. holding the action of a trial court annulling a will and probate could not prejudice a defendant who was an innocent purchaser without notice of land devised under a will E. holding residence means legal residence for will probate

assistant: The best answer is D. holding the action of a trial court annulling a will and probate could not prejudice a defendant who was an innocent purchaser without notice of land devised under a will
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 Administrative Agent shall have received (i) to the extent not previously delivered, the certificates representing the shares of Capital Stock pledged pursuant to the Guarantee and Collateral Agreement, together with an undated stock power for each such certificate executed in blank by a duly authorized officer of the pledgor thereof, (ii) an Acknowledgment and Consent, substantially in the form of Annex II to the Guarantee and Collateral Agreement, duly executed by any issuer of Capital Stock pledged pursuant to the Guarantee and Collateral Agreement that is not itself a party to the Guarantee and Collateral Agreement and (iii) to the extent not previously delivered, each promissory note pledged pursuant to the Guarantee and Collateral Agreement endorsed (without recourse) in blank (or accompanied by an executed transfer form in blank satisfactory to the Administrative Agent) by the pledgor thereof.

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: but this does not mean that he is incapable of alleging facts which would merit legal relief. In interpreting which claims can be dismissed as "clearly baseless" under § 1915(d), the Neitzke Court referred to a "fantastic or delusional scenario," not a "fantastic or delusional” person. Neitzke, 490 U.S. at 328, 109 S.Ct. at 1833. 3 . Hudson negates the dicta in Miller, 948 F.2d at 1567, where we stated that the Wilson v. Seiter, — U.S. -, 111 S.Ct. 2321, 115 L.Ed.2d 271 (1991) deliberate indifference standard for Eighth Amendment conditions of confinement cases applies as well to nonemergency excessive force claims. 4 . Moreover, the allegations may state a claim under a substantive due process analysis. See Davidson v. Cannon, 474 U.S. 344, 106 S.Ct. 668, 88 L.Ed.2d 677 (1986) (<HOLDING>). See also McGill, 944 F.2d at 347-49 Options: A. holding that mere neglect for prisoners safety does not amount to a substantive due process violation implying that intent to do harm would be an abuse of government power and amount to a substantive due process violation B. holding that government actor must intentionally abuse his or her power as a state official to harm state employee in order to sustain substantive due process violation C. recognizing a plaintiffs 1988 claim predicated on an alleged violation of his substantive due process rights D. recognizing 1983 substantive due process claim E. holding that when a prisoners deliberate indifference claim is covered by the eighth amendment the substantive due process claims are duplicative and thus the substantive due process claims should be dismissed

assistant: The best answer is A. holding that mere neglect for prisoners safety does not amount to a substantive due process violation implying that intent to do harm would be an abuse of government power and amount to a substantive due process violation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: his relatively straightforward FOIA case unaided, the magistrate did not need to go any further. In addition, we reject Willis’s contention that the court erred in selecting Local Civil Rule 83.11 as the appropriate standard rather than Poindexter’s multifactor test. The Poindexter criteria are the plaintiffs ability to afford an attorney; the merits of the plaintiffs case; plaintiffs efforts to secure counsel; and the capacity of the plaintiff to present the case adequately without the aid of counsel. 737 F.2d at 1185 be considered include the indigent’s ability to conduct whatever factual investigation is necessary, the complexity of the factual and legal issues, and the capability of the indigent litigant to present the case); Ulmer v. Chancellor, 691 F.2d 209, 213 (5th Cir.1982) (<HOLDING>). Because the district court acted within its Options: A. holding that a 22month delay was particularly understandable and largely neutral with respect to the first barker factor given the presence of multiple defendants the large number of allegations and the complexity of the charges and evidence B. holding that although the guidelines should be the starting point and the initial benchmark of calculating a proper sentence the district court should then consider all of the 3553a factors to determine whether they support the sentence requested by a party C. holding that when evaluating a settlement agreement the court is not to substitute its judgment for that of the parties nor is it to run consideration of the adequacy of the settlement into a trial or a rehearsal of the trial rather the cjourts responsibility is to reach an intelligent and objective opinion of the ultimate success should the claims be litigated and to form an educated estimate of the complexity expense and likely duration of such litigation and all other factors relevant to a full and fair assessment of the wisdom of the proposed compromise D. holding that representation by counsel until the first day of trial likely exposed the defndant to the complexity of his case and the legal process E. holding that courts should consider a number of factors including the type and complexity of the case and whether the indigent is capable of adequately presenting the case

assistant: The best answer is E. holding that courts should consider a number of factors including the type and complexity of the case and whether the indigent is capable of adequately presenting the case
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 are permitted to execute this Agreement in one or more counterparts, each of such counterparts is to be deemed to be an original copy of this Agreement and all of which, when taken together, are to be deemed to constitute one and the same agreement. The exchange of copies of this Agreement and of signature pages by facsimile or other electronic transmission is to constitute effective execution and delivery of this Agreement as to the Parties. Signatures of the Parties transmitted by facsimile or other electronic transmission are to be deemed to be their original signatures for any purpose whatsoever.

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: in the shelter care center sooner and without requiring overnight detention.” 905 F.Supp. at 987 n. 13. Given the extraordinary situation facing them, we conclude that the procedures employed were reasonably calculated to balance the competing interests and to achieve an interview with the child untainted by either parent’s influence. See Hollingsworth, 110 F.3d at 739 (“Removal of children from the custody of their parents requires predeprivation notice and a hearing ‘except for extraordinary situations where some valid governmental interest is at stake that justifies postponing the hearing until after the event.’ ”) (quoting Spielman v. Hildebrand, 873 F.2d 1377, 1385 (10th Cir.1989) (internal quotations omitted)). Cf. Doe v. Hennepin County, 858 F.2d 1325, 1326-29 (8th Cir.1988) (<HOLDING>). Accordingly, we agree with the district court Options: A. holding no constitutional violation occurred where children removed from home after reports of sexual abuse postdeprivation hearings were held the following day and children were subsequently kept from home for 16 days and returned to home after reports of abuse proved unfounded B. holding in termination of fathers rights that evidence was sufficient to support finding children were removed for abuse or neglect when previous decree reflected trial court made findings that children were removed from mother under chapter 262 for abuse or neglect C. holding birth mothers samesex partner was a presumed mother because she received the children into her home and openly held them out as her natural children D. holding that expert reports were not required to mention the defendant hospital because reports were based upon the actions of hospital physicians E. holding that although the father did not have physical custody of his children at the time they were removed the children were nonetheless effectively removed from both their parents when they were removed from the physical custody of the mother and placed in another home pursuant to the dispositional decree

assistant: The best answer is A. holding no constitutional violation occurred where children removed from home after reports of sexual abuse postdeprivation hearings were held the following day and children were subsequently kept from home for 16 days and returned to home after reports of abuse proved unfounded
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 agrees to use all reasonable efforts to obtain all consents and approvals and to do all other things necessary to consummate the transactions contemplated by this Agreement. The parties agree to take such further action and to deliver or cause to be delivered any additional agreements or instruments as any of them may reasonably request for the purpose of carrying out this Agreement and the agreements and transactions contemplated hereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of the Agreements by the Company and the consummation by the Company of the transactions contemplated hereby and thereby (including, without limitation, the issuance of the Holder Waiver Shares and the reservation for issuance and issuance of Reserved Shares issuable upon exercise of the Rights) will not (i) result in a violation of the Certificate of Incorporation (as defined below) or any other organizational documents of the Company or any of its Subsidiaries, any capital stock of the Company or any of its Subsidiaries or Bylaws (as defined below) of the Company or any of its Subsidiaries, (ii) conflict with, or constitute a default (or an event which with notice or lapse of time or both would become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture or instrument to which the Company or any of its Subsidiaries is a party, or (iii) result in a violation of any law, rule, regulation, order, judgment or decree (including foreign, federal and state securities laws and regulations and the rules and regulations of the Nasdaq Capital Market (the “Principal Market ”) and including all applicable federal laws, rules and regulations) applicable to the Company or any of its Subsidiaries or by which any property or asset of the Company or any of its Subsidiaries is bound or affected except, in the case of clause (ii) or (iii) above, to the extent such violations that would not reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: This is true even when the rerouting may require the taking of a portion of the business owner’s property at the same time. See Sand Bar Corp. v. Vt. State Transp. Bd., 145 Vt. fact that the highway project required the taking of landowners’ property does not make all losses resulting from the project, including losses resulting from the placement of the median strip, compensable. We note that the rule established by Wilson and the other out-of-state cases cited by landowners represents the view of a minority of jurisdictions; the more established principle is that property owners can recover for only those losses that result directly from the taking of the owners’ land. See, e.g., Div. of Admin., State Dep’t of Transp. v. Capital Plaza, Inc., 397 So. 2d 682, 683 (Fla. 1981) (<HOLDING>); Painter v. Dep’t of Roads, 131 N.W.2d 587, Options: A. holding that a landowner whose property was taken in a highway widening project could recover only for the lost land and not for losses caused by traffic islands constructed as part of the same project B. holding that loss of access resulting from a median strip constructed as part of a highway widening project was a proper consideration because any factor that has a present quantifiable effect on the market value of the property is proper as an element of damages C. holding that a landowner who lost a strip of property to a highway widening project could not recover losses caused by concurrent placement of a median strip because when less than the entire property is taken compensation for damage to the remainder can be awarded only if such damage is caused by the taking and cjonstruction of the median not the taking caused the alleged damage D. holding that a landowner could recover for placement of a median strip that could not have occurred but for the taking of the landowners property because the inquiry is how much has the particular public improvement decreased the fair market value of the property taking into consideration the use for which the land was taken and all the reasonably probable effects of its devotion to that use E. holding that a similar exclusion denies coverage for property damage to the particular part of the real property that is the subject of the insureds work at the time of the damage if the damage arises out of those operations

assistant: The best answer is C. holding that a landowner who lost a strip of property to a highway widening project could not recover losses caused by concurrent placement of a median strip because when less than the entire property is taken compensation for damage to the remainder can be awarded only if such damage is caused by the taking and cjonstruction of the median not the taking caused the alleged damage
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: would not exist but for a labor dispute at said establishment---- [Emphasis added.] We also note that other courts in our sister states have interpreted the term premises or related terms as meaning a single unit of employment. se at hand, it is clear that there was a stoppage of work at the distribution and warehouse centers and each of petitioner’s manufacturing plants where sympathy strikes took place. The Board, in its opinion, found that (1) petitioner could not operate its warehouse and distribution centers; (2) “[t]he ice cream plant, beverage plant and dairy remained closed down during the strike”; and (3) the bakery remained closed during three weeks of the strike. Under section 8-1004, there was a “substantia ldredge v. Archie, 93 Nev. 537, 541, 569 P.2d 940, 943 (1977) (<HOLDING>); Basso v. News Syndicate Co., 90 N.J.Super. Options: A. holding that truck drivers who picked up items from a foundry and returned there at the end of the day were last employed there B. recognizing that presence of sectarian chapel in airport impaired use of airport by passengers C. recognizing legislature reallocated the regulatory authority from the cities over the property on which dfw airport is located to the airport board D. holding that an anonymous tip that described a suspects appearance and location and alleged that he was carrying a concealed weapon was insufficiently corroborated by the officers observation of the appellant who matched the description hanging out at the indicated location E. holding that pilots based out of a las vegas airport were last employed at that location

assistant: The best answer is E. holding that pilots based out of a las vegas airport were last employed at that location