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: 135 S.Ct. 1318, 1324, 191 L.Ed.2d 253 (2015) clarified liability for statements of opinion under section 11 of the Securities Act of 1933. It maintained that "a sincere statement of pure opinion is not an 'untrue statement of material fact,' regardless whether an investor can ultimately prove the belief wrong.” Id. at 1327. But, if a statement "omits material facts about the issuer's inquiry into or knowledge concerning a statement of opinion, and if those facts conflict with what a reasonable investor would take from the statement itself,” than the omission creates liability. Id. at 1329. Although addressing claims under section 11 of the Securities Act, Omnicare's analysis may also bear on claims dealing with opinions brought under section 10(b). See City of Omaha, 679 F.3d at 67-68 Options: A. holding that claims brought under section 10b of the securities exchange act and rico claims were arbitrable B. holding that claims under 10b of the securities exchange act of 1934 were arbitrable under a predispute arbitration agreement C. holding that claims under the securities act of 1934 and the rico statutes are arbitrable D. holding that the same reasoning regarding opinions that is used under sections 11 and 12 of the securities act of 1933 applies to claims under sections 10b and 20a of the 1934 act as these claims all share a material misstatement or omission element E. holding that claims under the securities act of 1933 are arbitrable

assistant: The best answer is D. holding that the same reasoning regarding opinions that is used under sections 11 and 12 of the securities act of 1933 applies to claims under sections 10b and 20a of the 1934 act as these claims all share a material misstatement or omission element
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: Capitalized terms used and not defined herein shall have the meanings assigned to such terms in the Credit Agreement. The rules of interpretation set forth in Section 1.02 of the Credit Agreement are hereby incorporated by reference herein, mutatis mutandis . This Amendment shall constitute a “Loan Document” for all purposes of the Credit Agreement and the other Loan Documents.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: removed the handcuffs as soon as Plaintiff requested they be removed. (State Def. Mem. 17.) Defendants argue that the use of handcuffs was appropriate given the circumstances, particularly because the handcuffing of arrestees is standard procedure and the handcuffs were removed after approximately five minutes, as soon as Plaintiff requested they be removed. (State Def. Reply Mem. 6.) State Defendants also argue that the photographs taken at the State Police barracks shortly after the incident show no injuries, and merely minor reddening of the skin on her wrists and insider her elbow, which Plaintiff had described as resulting from contact with the air bag during the impact. (State Def. Mem. 17.) Viewing the facts in the light most favor 009 WL 2226105, at *9 (E.D.N.Y. July 23, 2009) (<HOLDING>); Davenport v. Cnty. of Suffolk, No. Options: A. holding that officers knocking the plaintiff to the ground rolling him over and pinning him with their knees on his neck back and legs so he could be handcuffed did not constitute excessive force and noting that the plaintiffs offer to return to custody after his escape attempt did not eliminate the need for force B. holding in an excessive force suit there can be no doubt that the police officer defendant was acting in his discretionary capacity when he arrested plaintiff C. holding that tightening handcuffs to their maximum for apparently gratuitous reasons along with kneeing the plaintiff in his back could be excessive force D. holding that purposely tripping the plaintiff while he was being escorted in handcuffs causing him to fall to the floor and cut his face could be excessive force E. holding that excessive force claims are to be treated under the fourth amendment

assistant: The best answer is D. holding that purposely tripping the plaintiff while he was being escorted in handcuffs causing him to fall to the floor and cut his face could be excessive force
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: the amount of occupancy taxes , if any , collected and remitted by airbnb will be visible to and separately stated to both guests and hosts on their respective transaction documents .

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: The Employee acknowledges that the Option is subject to modification and termination in certain events as provided in this Agreement and Sections 4.3 and 15 of the Plan. Upon the occurrence of an event described in Section 4.3 or Section 15 of the Plan, any and all new, substituted or additional securities or other property to which a holder of a Share issuable in settlement of the Option would be entitled shall be immediately subject to the Agreement and included within the meaning of the term “Shares” for all purposes of the Option. The Employee shall be notified of such adjustments and such adjustments shall be binding upon the Company and the Employee.

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 case excerpt and choose the best holding from the options. Case excerpt: permitting such an award was permissible: “Laying to one side concerns over the applicability of Brown to this proceeding where no federally created right to an attorney fee is presented, we must determine whether the City bestowed a common benefit.” 855 So.2d at 1084 (footnote omitted). However, we were not required to address that issue in ABC Board v. Pelham, because we held that the plaintiffs were not otherwise entitled to attorney fees. While we acknowledged in ABC Board v. Pelham that, in the past, attorney fees have been awarded against the State, we went on to note concern as to whether such an award was permissible, and we resolved the case on other grounds. That decision thus does not support the proposition that this Court has approved of an attorney-fee award in th 1977) (<HOLDING>). Although the petitioners’ underlying Options: A. holding that a declaratoryjudgment action against the state that would affect property in which the state had an interest was barred by 14 B. holding that an action against an officer was not an action against the state because the relief sought would not take away any property of the state or fasten a lien on it or interfere with the disposition of funds in the treasury C. recognizing that a state has a legitimate interest in all insurance policies protecting its residents against risks an interest which the state can protect even though the state action may have repercussions beyond state lines D. holding that 14 prohibits the awarding of costs against the state as a defendant E. holding that 14 prevents an action against the state when a result favorable to the plaintiff would directly affect a contract or property right of the state

assistant: The best answer is A. holding that a declaratoryjudgment action against the state that would affect property in which the state had an interest was barred by 14
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: at 317 (citing Black’s Law Dictionary 707, 1335 (5th ed.1979)). Congress could have used the term “personal bodily injury” if it wished to limit personal injury tort claims, such as when it drafted Section 522(d)(ll) of the Bankruptcy Code. Von Volkmar, 218 B.R. at 894. Some courts have reached a middle ground between the narrow and expansive views, looking to whether a iness, property, or contract characteristics that would support an argument that this Court has jurisdiction over them. Using the same middle ground approach, the Court concludes that the Plaintiffs’ unfair and deceptive trade practice claim, which is a cause of action based on a statute, is not a personal injury tort claim within the meaning of Section 157(b)(5). See In re Hollida, 212 B.R. 831, 833 (N.D.W.Va.1997) (<HOLDING>); Crossley v. Lieberman, 90 B.R. 682, 693 Options: A. holding that an embezzlement claim is not a personal injury tort claim B. holding that a libel claim is a personal injury tort claim C. holding that a defamation claim is a personal injury tort claim D. holding that a libel claim is not a personal injury tort claim E. holding that a negligence claim is not a personal injury tort claim

assistant: The best answer is A. holding that an embezzlement claim is not a personal injury tort claim
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 the subpoena is served on counsel, until the issue of its validity is resolved, the chent resides in a state of suspended animation, not knowing whether his attorney will testify against him and perhaps be required to withdraw his representation. The uncertainty is heightened by the fact that the common law of attorney-client privilege is still evolving to address the concerns implicated by new federal laws relating to chent identity and fee arrangements. Compare United States v. Gertner, 873 F.Supp. 729 (D.Mass.1995) (in case of first impression in this circuit, holding that identification of attorney’s chent, as required by 26 U.S.C. § 60501, is protected from disclosure by attorney-chent privilege) with United States v. Goldberger & Dubin, P.C., 935 F.2d 501, 505 (2d Cir.1991) (<HOLDING>). In addition, service of a subpoena opens a Options: A. holding communications between corporate counsel and corporations employees made for the purpose of rendering legal advice protected by attorneyclient privilege B. holding that the information is not protected by attorneyclient privilege C. holding that a claim for ineffective assistance of counsel waives attorneyclient privilege D. holding that failure to timely assert attorneyclient privilege constitutes waiver E. holding that governmental entities may assert attorneyclient privilege to prevent disclosure of information otherwise required by statute

assistant: The best answer is B. holding that the information is not protected by attorneyclient privilege
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the parties to this Agreement will be entitled to enforce its rights under this Agreement specifically, to recover damages and costs (including reasonable attorneys’ fees) caused by any breach of any provision of this Agreement and to exercise all other rights existing in its favor. The parties agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement, including, without limitation, Sections 2.5 , 2.6 , 2.7 and 2.8 hereof, and that any party may in its sole discretion apply to any court of law or equity of competent jurisdiction (without posting any bond or deposit) for specific performance and/or other injunctive relief in order to enforce or prevent any violations of the provisions of this Agreement. The Company shall pay Executive, as incurred (within 10 days following the Company’s receipt of any invoice from Executive), to the full extent permitted by law, all legal fees and expenses that Executive may reasonably incur as a result of any dispute that may arise under or negotiations related to this Agreement in connection with, on or following a Change in Control.

assistant: Remedies
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: we are authorised by our partner restaurants to accept payment on their behalf and payment of the price of any meals to us will discharge your obligations to pay such price to the partner restaurant .

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: testimony Anaya gave at his removal hearing, and (2) failed to consider the appropriate factors giving rise to his drunk-driving conviction. We consider each of these alleged errors in turn. II Before considering whether the BIA erred in relying on Anaya’s testimony at the removal hearing, we must first determine whether we have jurisdiction to review the BIA’s alleged error. We do not have jurisdiction to evaluate discretionary decisions by the Attorney General, see 8 U.S.C. § 1252(a)(2)(B)(ii), and therefore lack jurisdiction over the BIA’s ultimate determination that Anaya committed a “particularly serious crime” when he drunkenly drove his car into an elderly victim’s house and caused part of the wall to collapse on her. See Unuakhaulu v. Gonzales, 416 F.3d 931, 935 (9th Cir.2005) (<HOLDING>) (citation omitted). Nevertheless, we retain Options: A. holding that we lack jurisdiction to review a denial of adjustment of status as a discretionary matter B. holding that federal district courts lack jurisdiction to review a final state court decision in a particular case C. holding that we lack jurisdiction when the relief sought is a review of the consuls decision denying them application for a visa D. holding that when the attorney general decides that the aliens offense was a particularly serious crime we lack jurisdiction to review such a decision because it is discretionary E. holding that we have jurisdiction to review the award or denial of attorney fees under 1447c

assistant: The best answer is D. holding that when the attorney general decides that the aliens offense was a particularly serious crime we lack jurisdiction to review such a decision because it is discretionary
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, together with the Quality Agreement and the Confidentiality Agreement, constitutes the full, complete, final and integrated agreement between the parties relating to the subject matter hereof and supersedes all previous written or oral negotiations, commitments, agreements, transactions or understandings with respect to the subject matter hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (1990), abrogated, in part, on other grounds by State v. Felix, 2012 WI 36, ¶ 42, 339 Wis. 2d 670, 811 N.W.2d 775. "[T]he curtilage is the area to which extends the intimate activity associated with the sanctity of a [person's] home and the privacies of life and therefore has been considered part of [the] home itself for Fourth Amendment purposes." Oliver v. United States, 466 U.S. 170, 180 (1984) (internal quotation marks and citation omitted). The Fourth Amendment's protection against warrantless entry for arrest also has been reasoned to extend to places where the person "has a legitimate expectation of privacy in the invaded place." Minnesota v. Olson, 495 U.S. 91, 95 (1990) (internal quotation marks and citation omitted); United States v. Gooch, 6 F.3d 673, 676-77 (9th Cir. 1993) (<HOLDING>). We consider both constitutional contentions Options: A. holding that defendant lacked reasonable expectation of privacy in garbage located outside curtilage of home B. holding that the defendant had a reasonable expectation of privacy in a telephone booth C. holding that defendant had reasonable expectation of privacy in his tent pitched on public campground D. recognizing reasonable expectation of privacy in a tent located on public campgrounds such that warrantless arrest of inhabitant requires exigent circumstances E. holding that society recognizes a reasonable expectation of privacy

assistant: The best answer is D. recognizing reasonable expectation of privacy in a tent located on public campgrounds such that warrantless arrest of inhabitant requires exigent circumstances
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The court added that the original sentence was needed “to afford adequate deterrence.” The court explained that “[w]hile the situation with defendant’s brother is sad, at this point, it is not clear that defendant is an acceptable donor or that serving the original 100-month sentence would prevent him from serving as a donor.” The district court thus provided a reasoned explanation as to why it declined to reduce Dunn’s sentence. See Rita v. United States, 551 U.S. 338, 356, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007) (“The sentencing judge should set forth enough to satisfy the appellate court that he has considered the parties’ arguments and has a reasoned basis for exercising his own legal decisionmaking authority.”); Carty, 520 F.3d at 992. But cf. Trujillo, 713 F.3d at 1010, 1011 (<HOLDING>). Dunn does not point to any evidence Options: A. holding the district courts denial of a 3582c2 motion was legal error for its total omission in addressing defendants nonfrivolous arguments under the 3553a factors B. holding that nothing in booker or elsewhere requires the district court to state on the record that it has explicitly considered each of the 3553a factors or to discuss each of the 3553a factors C. holding that it is sufficient for a court to acknowledge its consideration of the parties arguments and the 3553a factors D. holding that the district court is not required to state on the record that it has explicitly considered each of the 3553a factors or to discuss each of the 3553a factors E. holding that a district courts failure to consider the 18 usc 3553a factors was plain error relying on gall

assistant: The best answer is A. holding the district courts denial of a 3582c2 motion was legal error for its total omission in addressing defendants nonfrivolous arguments under the 3553a factors
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, each of which shall be deemed an original instrument, but all of which taken together shall constitute one and the same instrument. A Party’s delivery of an executed counterpart signature page by facsimile or e-mail transmission is as effective as executing and delivering this Agreement in the presence of the other Parties. No Party shall be bound until such time as all of the Parties have executed this Agreement (or counterparts hereof).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Prior to the Agreement Date, except as required by law or the rules of any stock exchange, no public announcement or other publicity regarding the transactions referred to herein shall be made by the Purchaser, the Seller or any of their respective affiliates, officers, directors, employees, representatives or agents, without the prior written agreement of each of the Purchaser and the Seller, in any case, as to form, content, timing and manner of distribution or publication; provided, however, that nothing in this Section shall prevent either party from discussing such transactions with those persons whose approval, agreement or opinion, as the case may be, is required for consummation of such particular transaction or transactions.

assistant: Publicity
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: Hazzard for $5671,47 and his handgun on March 4, 1993. On August 3, 1993, a jury convicted Hazzard on all charges. This Court affirmed Hazzard’s convictions on direct appeal. Hazzard v. State, 642 N.E.2d 1368 (Ind.1994). Hazzard did not petition the U.S. Supreme Court for certiorari. On July 22, 1996, Hazzard filed a petition for post-conviction relief claiming that his conviction for possession, assessment of the CSET, and civil forfeiture of his handgun violated double jeopardy protections. The post-conviction court denied Hazzard’s petition. Hazzard appealed. In a memorandum decision, the Court of Appeals reversed the post-conviction court’s denial of relief, holding that the post-conviction court erred in not applying retroactively the rule announced in Bryant, 660 N.E.2d 290 (<HOLDING>). Hazzard v. State, 691 N.E.2d 510 Options: A. holding that unlike under the federal constitution a civil forfeiture is punishment under the new mexico double jeopardy clause B. holding that conviction of and punishment for both the underlying predicate offense and continuing criminal enterprise does not violate double jeopardy C. holding that if double jeopardy clause is not violated because legislature intended double punishment section 7019 is not applicable and merger is not required D. holding that because cset is punishment the double jeopardy clause bars criminal prosecution for the underlying drug offense after cset has been assessed E. holding that civil forfeitures are neither punishment nor criminal for purposes of the double jeopardy clause

assistant: The best answer is D. holding that because cset is punishment the double jeopardy clause bars criminal prosecution for the underlying drug offense after cset has been assessed
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: (i.e. patentees) knew at the time the invention was made. Standard Oil Co. v. American Cyanamid Co., 774 F.2d 448, 454 (Fed.Cir.1985). “Inventors, as a class, ... possess something ... which sets them apart from the workers of ordinary skill....” Id. Furthermore, evidence of a contemporaneous invention, in and of itself, is never sufficient to establish that an invention was obvious at the time that it was made. See, e.g., Hybritech Inc. v. Monoclonal Antibodies, Inc., 802 F.2d 1367, 1380 n. 4 (Fed.Cir.1986) (the simultaneous development of a similar invention may or may not be indicative of obviousness depending on the surrounding circumstances and the other evidence in the case), cert. denied, 480 U.S. 947, 107 S.Ct. 1606, 94 L.Ed.2d 792 (1987); In re Merck, 800 F.2d at 1098 (<HOLDING>); Environmental Designs v. Union Oil Co. of Options: A. holding of obviousness affirmed on the basis of the teachings of the prior art references in combination not on the basis of the contemporaneous invention B. recognizing that courts must be careful not to allow hindsight reconstruction of references to reach the claimed invention without any explanation as to how or why the references would be combined to produce the claimed invention C. holding that the moving party must show prior art references which alone or combined with other references would have rendered the invention obvious to one of ordinary skill in the art at the time of the invention D. holding that allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex E. holding that obviousness is determined entirely with reference to a hypothetical person having ordinary skill in the art and the actual inventors skill is irrelevant to the obviousness inquiry

assistant: The best answer is A. holding of obviousness affirmed on the basis of the teachings of the prior art references in combination not on the basis of the contemporaneous invention
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: so long as you comply with these terms , we give you a limited , nonexclusive , nontransferable , revocable license to use the software , solely to access the services .

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: All notices, demands, solicitations of consent or approval, and other communications hereunder shall be in writing and shall be sufficiently given if personally delivered, transmitted by facsimile or sent postage prepaid by overnight courier or registered or certified mail, return receipt requested, addressed as follows: if intended for the Partnership or the General Partner, to the Partnership’s principal business office determined pursuant to Section 2.4 , and if intended for any other Partner to the address of such Partner set forth on Schedule A hereto, or to such other address as such Partner may designate from time to time by written notice to the Partnership. Notices shall be deemed to have been given when personally delivered or transmitted by facsimile with electronic confirmation of receipt or, if mailed or sent by overnight courier, on the date on which received. The provisions of this Section 14.12 shall not prohibit the giving of written notice in any other manner; provided that, in any such case any such written notice shall be deemed given only when actually received.

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: This Agreement and any covenants and agreements incorporated herein by reference as set forth in Section 6 as well as any schedules or exhibits hereto together constitute the entire agreement between the Parties in respect of the subject matter contained herein and therein and supersede all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, including that certain employment agreement between the Company and the Executive, dated as of ___________ (the “ Employment Agreement ”). For the avoidance of doubt, the Employment Agreement shall become null and void on the Effective Date. No oral waiver, amendment or modification will be effective under any circumstances whatsoever.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: ( b ) non-u.s. residents : if any controversy , allegation , or claim ( including any non-contractual claim ) arises out of or relates to the service or the terms ( a `` section 8 ( b ) dispute '' ) , then you and we agree to send a written notice to the other providing a reasonable description of the section 8 ( b ) dispute , along with a proposed resolution of it .

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: As of the Restatement Effective Date, no Credit Party has any Subsidiaries other than as listed on Schedule 5.7 . Except as expressly indicated on Schedule 5.7 , as of the Restatement Effective Date, each of the Subsidiaries listed on Schedule 5.7 is wholly-owned by the Credit Party or other Person indicated on such schedule. As of the Restatement Effective Date, Schedule 5.7 sets forth the full legal name, jurisdiction of incorporation or organization and organizational identification number of each Credit Party and each Subsidiary of any Credit Party, and the issued and outstanding and percentage of each Credit Party’s, any of its Subsidiaries’ or such other Person’s (as indicated thereon) ownership of the Equity Interests of each Subsidiary of any Credit Party.

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 case excerpt and choose the best holding from the options. Case excerpt: of the brief contempt orders, reciting that each Pe titioner had already been “held in direct contempt of court,” reflected that criminal convictions had already been entered, with nothing left to be adjudicated. Those orders cannot be reconciled with the scheduling of an “arraignment” on the charges several days later. An arraignment is “[t]he initial step in a criminal prosecution whereby the defendant is brought before the court to hear the charges and to enter a plea.” Black’s Law Dictionary 123 (9th ed. 2009). But any further contempt proceedings would have been barred by our constitutional protections against double jeopardy after Petitioners already had been found in criminal contempt for the same behavior. State v. Driscoll, 89 N.M. 541, 546-47, 555 P.2d 136, 141-42 (1976) (<HOLDING>). {40} Even if we construe the contempt orders Options: A. holding that a civil contempt defendant has a right to a jury trial when the act of contempt was not committed in the presence of the court and when the incarceration is in part punitive B. holding that further contempt proceedings after a lawyer was summarily jailed for contempt in open court would constitute double jeopardy C. holding that an attorney charged with contempt for failing to attend a scheduled hearing could be charged only with indirect not direct contempt because the contempt did not occur in open court and the judge did not have personal knowledge of the reasons for the attorneys nonappearance D. holding it was within the chancellors discretion to find that though the husband was in contempt the contempt was not willful E. holding that in addition to statutory contempt powers city courts have inherent contempt power

assistant: The best answer is B. holding that further contempt proceedings after a lawyer was summarily jailed for contempt in open court would constitute double jeopardy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, each of which shall be deemed an original but which together shall constitute one and the same instrument. This Agreement may be executed by exchange between the Parties of electronically transmitted signatures (via facsimile, PDF format via e-mail or other electronic means) and such signatures shall be deemed to bind each Party hereto as if they were original signatures.

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: Id. (internal quotations and citations omitted). As Lopez acknowledges, we have previously determined that the Supreme Court’s decision in Harmelin v. Michigan, 501 U.S. 957, 994-95, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) rejected the argument that a term of life imprisonment constitutes cruel and unusual punishment. See United States v. Fragoso, 978 F.2d 896, 903 (5th Cir.1992); see also Harmelin, 501 U.S. at 994-95, 111 S.Ct. 2680 (“Severe, mandatory penalties may be cruel, but they are not unusual in the constitutional sense.”). Lopez’s Fifth Amendment argument is similarly without merit. See generally Almendarez-Torres v. United States, 523 U.S. 224, 230, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998); accord United States v. Robinson, 344 Fed.Appx. 936, 940-41 (5th Cir.2009) (per mriam) (<HOLDING>). Finally, we have rejected the argument that a Options: A. holding that impeachment by use of prearrest silence does not violate fifth or fourteenth amendments B. holding that exclusion of testimony as collateral and of speculative relevance did not violate defendants sixth and fourteenth amendment rights C. holding that even if the minimum mandatory exceeds the statutory maximum the court must impose the minimum mandatory D. holding references to a defendants lack of remorse violate the fifth eighth and fourteenth amendments E. holding that application of statutory mandatory minimum in 841b1a does not violate defendants fifth and fourteenth amendment rights

assistant: The best answer is E. holding that application of statutory mandatory minimum in 841b1a does not violate defendants fifth and fourteenth amendment rights
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: As of the Closing Date, after giving effect to the consummation of the Transactions, including the making of the Loans on the Closing Date, (a) the fair value of the assets or properties (for avoidance of doubt, calculated to include goodwill and other intangibles) of the Parent Borrower and its Restricted Subsidiaries, on a consolidated basis, is greater than the total amount of liabilities, including contingent liabilities of the Parent Borrower and its Restricted Subsidiaries, on a consolidated basis, (b) the present fair saleable value of the assets or properties of Parent Borrower and its subsidiaries, on a consolidated basis (on a liquidation or sum-of-parts basis, whichever is greater), is not less than the amount that will be required to pay the probable liability of Parent Borrower and its Restricted Subsidiaries on their debts as they become absolute and matured, (c) Parent Borrower and its Restricted Subsidiaries, on a consolidated basis, do not intend to, and do not believe that they will, incur debts or liabilities beyond their ability to pay such debts and liabilities as they mature and (d) Parent Borrower and its Restricted Subsidiaries, on a consolidated basis, are not engaged in business or a transaction, and are not about to engage in business or a transaction, for which Parent Borrower and its Restricted Subsidiaries’ property, on a consolidated basis, would constitute unreasonably small capital. For purposes of the representations set forth in this Section 5.08 , the amount of contingent liabilities shall be computed as the amount that, in the light of all the facts and circumstances existing as of the date such representation is made or deemed to be made, represents the amount that can reasonably be expected to become an actual or matured liability (irrespective of whether such contingent liabilities meet the, criteria for accrual pursuant to Financial Accounting Standards Board Statement No. 5).

assistant: Solvency
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 Gluba's PPD rating was 22 percent whole body under Minn. R. 5223.0390 and two of its subparts. 3 . The judge set March 5, 2003 as the end date for disability benefits based on his conclusion that Gluba had effectively withdrawn from the labor market as of that date and therefore, Gluba's 1996 work injury was no longer a substantial contributing factor to his unemployed and unemployable status. The WCCA ultimately reversed this conclusion, which is not relevant to this appeal. 4 . In combination with one another, subparts 4 and 5 of Minn. R. 5223.0420 assign a PPD rating of 9.25 to a person who has a 4/5 strength grade in muscle groups supplied by injured third, fourth, and fifth lumbar nerve roots. 5 . See Frankhauser v. Fabcon, Inc., 57 Minn. Workers' Comp. Dec. 239, 252 (WCCA) (<HOLDING>), aff'd without opinion, 569 N.W.2d 533 Options: A. holding that a worker may include a ratable ppd from any cause including non workrelated injuries or conditions in his total ppd rating in order to meet a section 176101 subd 5 threshold B. holding that psychological conditions resulting from workrelated trauma are compensable C. holding that because claimants injuries were scheduled member injuries and not injury to his body as a whole any loss of earning capacity claimant may have sustained was irrelevant D. holding a person commits aggravated dui when his or her driving under the influence was a proximate cause of the injuries citation not the sole and immediate cause of the victims injuries emphasis omitted E. holding that bodily injury does not include purely emotional injuries

assistant: The best answer is A. holding that a worker may include a ratable ppd from any cause including non workrelated injuries or conditions in his total ppd rating in order to meet a section 176101 subd 5 threshold
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 joinder agreement (the “ Joinder Agreement ”) to the Support Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, without regard to any conflicts of law provisions which would require the application of the law of any other jurisdiction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests, demands, claims, and other communications hereunder will be in writing. Any notice, request, demand, claim, or other communication hereunder shall be deemed duly given: (a) when delivered personally to the recipient, (b) when sent by electronic mail or facsimile, on the date of transmission to such recipient without notice of delivery failure, (c) one (1) Business Day after being sent to the recipient by reputable overnight courier service (charges prepaid), or (d) four (4) Business Days after being mailed to the recipient by certified or registered mail, return receipt requested and postage prepaid, and addressed to the intended recipient as set forth on the signature pages hereto. Any party may change the address to which notices, requests, demands, claims, and other communications hereunder are to be delivered by giving the other parties notice in the manner herein set forth.

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 case excerpt and choose the best holding from the options. Case excerpt: to conclude accords fully with its purpose of promoting national banks as institutions and of furthering their integrity and stability in appearance and reality. IV For the reasons stated above, we conclude that we must reverse the judgment of the Court of Appeal, and must remand the cause to that court with directions to reverse the judgment of the superior court and remand the cause in turn to that court for further proceedings. It is so ordered. Werdegar, J., and Haning, J., concurred. 1 The “three circumstances” in which preemption of state law by federal law is fou to be the contrary “pronouncement” in Ana Leon T. v. Federal Reserve Bank of Chicago, supra, 823 F.2d at p. 931 (per curiam)); White v. Fed. Res. Bank, supra, 103 Ohio App.3d at pages 538-539 [660 N.E.2d at page 496] (<HOLDING>); id. at page 537 [660 N.E.2d at page 495] Options: A. holding to the effect that section 341 fifth as impliedly amended by title vii preempts state law to the extent but only to the extent that it conflicts B. holding to the effect that section 24 fifth has been impliedly amended by title vii C. holding to the effect that section 1432a as impliedly amended by title vii preempts state law without limitation as to only conflicting state law D. holding outside of the context of title vii or the adea to the effect that section 341 fifth preempts conflicting state law E. holding outside of the context of title vii or the adea that section 24 fifth preempts state law to the extent but only to the extent that it conflicts

assistant: The best answer is A. holding to the effect that section 341 fifth as impliedly amended by title vii preempts state law to the extent but only to the extent that it conflicts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: There are no actions, suits or other proceedings at law or in equity by or before any Governmental Authority now pending or threatened (in writing) against or affecting Borrower or the Property, which, if adversely determined, would materially adversely affect the condition (financial or otherwise) or business of Borrower (including the ability of Borrower to carry out its obligations under the Loan Documents) or the use, value, condition or ownership of the Property.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall furnish Bank, or cause to be furnished to Bank, upon Bank’s request, in form and substance reasonably satisfactory to Bank such additional pledges, assignments, mortgages, Lien instruments or other security instruments covering any Loan Party’s real and personal property of every nature and description, whether now owned or hereafter acquired and all voting equity interests held by Borrower and the other Loan Parties in Subsidiaries and rights to acquire such interests (in each case as to all property or equity interests to the extent a Lien or pledge for the benefit of Bank has been made or is required to be made under this Agreement or any Loan Document), as Bank may in its sole discretion require, and defend all Collateral pledged to Bank as security for the Indebtedness pursuant to the terms of the Security Agreement, any applicable Mortgage and any other related Loan Documents, as applicable, from any Liens other than Liens permitted under Section 9.5.

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 case excerpt and choose the best holding from the options. Case excerpt: Agreement’ after the trial period, provided she was ‘in compliance with this Loan Trial Period and [her] representations ... continue[d] to be true in all material respects.’ ” Id. at 562 (alterations in original). The court recognized that the TPP is contingent on the borrower meeting the conditions of the TPP. But once the conditions of the TPP were met, “it was certainly required to offer some sort of good-faith permanent modification to Wigod consistent with HAMP guidelines.” Id. at 565. Several circuits have adopted the Wigod approach. See, e.g. Corvello v. Wells Fargo Bank, NA, 728 F.3d 878, 883 (9th Cir. 2013), as amended on reh’g in part (Sept. 23, 2013) (“We believe the reasoning in Wigod is sound.”); Young v. Wells Fargo Bank, N.A., 717 F.3d 224, 235-36 (1st Cir. 2013) (<HOLDING>); George v. Urban Settlement Servs., 833 F.3d Options: A. holding that the prior courts order by its conditional terms allowed subsequent modification by other courts B. recognizing that if the homeowner complies with the conditions of the tpp the lender breaches the contract by failing to provide a permanent modification agreement by the modification effective date C. holding that denial of petition for modification of maintenance was proper when the parties agreement prohibited modification of maintenance D. holding appellants failure to plead affirmative defense of modification precluded trial court from considering evidence of oral modification at summary judgment hearing E. holding that the trial court abused its discretion in failing to award the increased child support retroactive to the date of the petition for modification because the childs increased need for support and the former husbands ability to pay the increased child support existed at the time the former wifes petition for modification was filed

assistant: The best answer is B. recognizing that if the homeowner complies with the conditions of the tpp the lender breaches the contract by failing to provide a permanent modification agreement by the modification effective date