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: previously granted defendant’s motion for partial summary judgment, ruling that, pursuant to the parties’ agreement, defendant's liability herein is limited to the sum of $250,000. See Tucson Elec. Pwr. Co. v. Bailey Controls Co., No. CIV 92-185 TUC RMB, slip op. at 8, 1992 WL 430467 (Oct. 8, 1992). 2 . It appears that the State of Arizona follows this second approach: "We feel that where, as here, the insured has no interest in the recovery the insurance company cannot circumvent Rule 17(a) by means of a fictitious loan agreement with the insured." Hamman-McFarland Lumber Co. v. Arizona Equipment Rental Co., 16 Ariz.App. 188, 190, 492 P.2d 437 (1972) (citing City Stores Co. v. Lerner, supra); accord Northern Ins. Co. of New York v. Mabry, 4 Ariz.App. 217, 219, 419 P.2d 347 (1966) (<HOLDING>). 3 . The Wright, Miller, and Kane treatise Options: A. holding despite a reservation of rights that when the insurer provides a defense to its insured the insured has no right to interfere with the insurers control of the defense and a stipulated judgment between the insured and the injured claimant without the consent of the insurer is ineffective to impose liability upon the insurer B. holding that if the insured is only partially compensated by the insurer both the insurer and the insured are real partiesininterest C. holding that insured may recover attorneys fees from insurer where insurer acts in bad faith D. recognizing that where insured has been paid in full insurer is the real party in interest E. holding that a party does not automatically qualify as a real party in interest merely because it has been named as a defendant in a declaratory judgment action

assistant: The best answer is D. recognizing that where insured has been paid in full insurer is the real party in interest
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: (2) and (3) of 9006(b) set forth certain exceptions. Paragraph 2 enumerates the bankruptcy rules for which enlargement is not permitted and paragraph 3, which includes Rule 4007(c), enumerates the bankruptcy rules for which enlargement of time is limited to the “extent and under the conditions stated in those rules.” Fed. R.Bankr.P. 9006(b)(3). Although Rule 4007(c) permits a court to extend the time to file a complaint under § 523(c), the motion to extend must be filed before the time has expired. Accordingly, the Court does not have the discretion to allow an untimely complaint under any of the sections set forth in § 523(c) on the basis of excusable neglect. See In re Tucker, 263 B.R. 632, 636-637 (Bankr.M.D.Fla.2001). See also Byrd v. Alton, 837 F.2d 457, 459 (11th Cir.1988) (<HOLDING>). Courts may nonetheless permit a late filed Options: A. holding that a motion to continue a hearing on a postjudgment motion was ineffective to extend the period for the trial court to rule on the motion absent the express consent of the parties B. holding creditors actual notice of chapter 7 case in ample time to prepare and timely file the necessary request for determination of dischargeability bars them from challenging the dischargeability of their claim 15 months after bar date C. holding that the district court cannot extend the time for filing a rule 59e motion by margin order D. holding that motion to extend time period for filing dischargeability complaint must be made before the running of that period and that court lacks discretion to grant late filed motion to extend time to file dischargeability complaint E. holding that a second motion to reconsider served within ten days of the denial of the first motion does not extend the time period for filing a notice of appeal from the underlying judgment

assistant: The best answer is D. holding that motion to extend time period for filing dischargeability complaint must be made before the running of that period and that court lacks discretion to grant late filed motion to extend time to file dischargeability complaint
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: notwithstanding any provision in the user agreement to the contrary , you and we agree that if we make any amendment to this agreement to arbitrate ( other than an amendment to any notice address or site link provided herein ) in the future , that amendment shall not apply to any claim that was filed in a legal proceeding against ebay prior to the effective date of the amendment .

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 foregoing recitals are incorporated by reference into this Section as if set forth in this Section in full. All capitalized terms used and not otherwise defined herein shall have the same meanings as provided for such terms in the Lease.

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 legal provision and list the applicable contract clause categories. Provision: Recognizing that irreparable damage will result to the Company in the event of the breach or threatened breach of any of the foregoing covenants and assurances by the Executive contained in paragraphs (a), (b) or (c) hereof, and that the Company’s remedies at law for any such breach or threatened breach will be inadequate, the Company and each of its successors and assigns, in addition to such other remedies which may be available to them, shall be entitled to an injunction, including a mandatory injunction, to be issued by any court of competent jurisdiction ordering compliance with this Agreement or enjoining and restraining the Executive, and each and every person, firm or company acting in concert or participation with him, from the continuation of such breach and, in addition thereto, the Executive shall pay to the Company all ascertainable damages, including costs and reasonable attorneys’ fees sustained by the Company by reason of the breach or threatened breach of said covenants and assurances. The obligations of the Executive and the rights of the Company, its successors and assigns under this Section 13 shall survive the termination of this Agreement for the periods set forth above. The covenants and obligations of the Executive set forth in this Section 13 are in addition to and not in lieu of or exclusive of any other obligations and duties of the Executive to the Company, whether express or implied in fact or in law. In addition, the Executive further acknowledges that if he breaches any provision of this Section 13 following his termination of employment with the Company, the Executive will forfeit the right to any unpaid severance or other payments under this Agreement. For purposes of this Section 13, “ Company ” shall include all subsidiaries of the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of any provision of [the Species Act] or regulation issued under the authority thereof”, 16 U.S.C. § 1540(g)(1)(A), Congress thereby “eliminate[d] the prudential limitations by legislation.” Defenders at 1039. See also, National Wildlife Federation v. Coleman, 400 F.Supp. 705, 710 (S.D.Miss.1975), rev’d on other grounds, 529 F.2d 359 (5th Cir. 1976), cert. denied, 429 U.S. 979, 97 S.Ct. 489, 50 L.Ed.2d 587 (1976) . By way of contrast, the District of Columbia Circuit has applied the prudential standing test to suits brought under the Species Act on several occasions. See, e.g., Humane Society of the United States v. Hodel, 840 F.2d 45, 61 (D.C.Cir.1988); National Audubon Society v. Hester, 801 F.2d 405, 407 n. 2 (D.C.Cir.1986); but see, Competitive Enterprise Institute, 901 F.2d at 118 (<HOLDING>). Likewise, the Eighth Circuit in Defenders and Options: A. holding that article iii constitutional standing must be addressed before considering lanham act prudential standing B. holding that a provision of the energy policy and conservation act of 1975 that allowed suit by any person who may be adversely affected by certain standards demonstrated a congressional intent to eliminate prudential standing limitations C. holding that title viis term a person claiming to be aggrieved demonstrated congressional intent to confer standing to the fullest extent permitted by article iii D. holding that iiriras permanent rules lack the clear statement of the congressional intent necessary to eliminate habeas review E. holding that congress may dispense with prudential standing requirements

assistant: The best answer is B. holding that a provision of the energy policy and conservation act of 1975 that allowed suit by any person who may be adversely affected by certain standards demonstrated a congressional intent to eliminate prudential standing limitations
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 proceeds of any Incremental Increase may be used by the Company and its Subsidiaries for working capital and other general corporate purposes, including the financing of Acquisitions and other Investments and any other use not prohibited by this Agreement.

assistant: Use Of Proceeds
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: To Contributors Best Knowledge, all licenses, permits or other governmental approvals (including without limitation, all Approvals and Entitlements) required to be obtained by the owner of any of the Contributed Properties in connection with the permitting, approval, construction, use, occupancy, management, leasing and operation of the T-9 Project have been obtained and are in full force and effect and in good standing, and all Approvals and Entitlements are fully vested and not subject to divestiture. Additional entitlements and/or permits may be necessary for future building projects depending on the actual uses proposed. Such entitlements and/or permits may include site plan and design review approval, tentative map approval, final map or parcel map approval, improvement plan approval, building permit approval and occupancy permit approval.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Permit any proceeds of the Loans to be used, either directly or indirectly, for the purpose, whether immediate, incidental or ultimate, of “purchasing or carrying any margin stock” in any manner that would cause any Bank not to comply with Regulation U or at any time that Section 9.8 shall be reasonably determined by the Agent to cause any Loan to be “indirectly” secured by margin stock as determined under Regulation U, and furnish to any Bank, upon its request, a statement in conformity with the requirements of Federal Reserve Form U-1 referred to in Regulation U.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: For the purpose of this Agreement, notices and all other communications provided for in this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally, if delivered by overnight courier service , or if mailed by registered mail, return receipt requested, postage prepaid, addressed to the respective addresses or sent via facsimile to the respective facsimile numbers, as the case may be, as set forth below, or to such other address as either party may have furnished to the other in writing in accordance herewith, except that notice of change of address shall be effective only upon receipt; provided, however, that (i) notices sent by personal delivery or overnight courier shall be deemed given when delivered; (ii) notices sent by facsimile transmission shall be deemed given upon the sender ’ s receipt of confirmation of complete transmission; and (iii) notices sent by registered mail shall be deemed given two (2) days after the date of deposit in the mail .

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: TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, GUARANTOR HEREBY WAIVES ANY AND ALL RIGHTS THAT IT MAY NOW OR HEREAFTER HAVE UNDER THE LAWS OF THE UNITED STATES OF AMERICA OR ANY STATE TO A TRIAL BY JURY OF ANY AND ALL ISSUES ARISING EITHER DIRECTLY OR INDIRECTLY IN ANY ACTION OR PROCEEDING BETWEEN GUARANTOR AND LENDER OR THEIR SUCCESSORS AND ASSIGNS, OUT OF OR IN ANY WAY CONNECTED WITH THIS GUARANTY, THE GUARANTOR OBLIGATIONS AND/OR THE OTHER LOAN DOCUMENTS. IT IS INTENDED THAT SAID WAIVER SHALL APPLY TO ANY AND ALL DEFENSES, RIGHTS, AND/OR COUNTERCLAIMS IN ANY ACTION OR PROCEEDINGS BETWEEN GUARANTOR AND LENDER. GUARANTOR WAIVES ALL RIGHTS TO INTERPOSE ANY CLAIMS, DEDUCTIONS, SETOFFS OR COUNTERCLAIMS OF ANY KIND, NATURE OR DESCRIPTION IN ANY ACTION OR PROCEEDING INSTITUTED BY LENDER WITH RESPECT TO THIS GUARANTY, THE OTHER LOAN DOCUMENTS, THE GUARANTOR OBLIGATIONS OR ANY MATTER ARISING THEREFROM OR RELATING THERETO, EXCEPT COMPULSORY COUNTERCLAIMS.

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 case excerpt and choose the best holding from the options. Case excerpt: Cook chose not to present evidence available to him at the suppression hearing, but the issues he raised and were determined there are identical to the issues here. Next, Cook contends the suppression hearing was not a complete, full, and fair litigation of these issues, but was a summary proceeding addressing some immaterial evidentiary issues which likely would have been re-considered had he gone to trial. To the contrary, the constitutional issues in Cook’s criminal proceedings were litigated in an evidentiary hearing at which he was represented by counsel, and had the right and opportunity to testify, present evidence, call and cross-examine witnesses, and appeal the court’s ruling. See 3D Constr. & Dev., L.L.C. v. Old Standard Life Ins. Co., 117 P.3d 1082, 1087 (Utah App.2005) (<HOLDING>). There is no reason to doubt the quality, Options: A. holding that a party against whom a motion for summary judgment is filed is entitled to notice and a meaningful opportunity to be heard B. holding a party seeking mandamus must serve the party against whom relief is sought C. holding the completely fully fairly element is met if the party against whom preclusion is sought had adequate notice and an opportunity to be heard on the issue D. holding that procedural due process requires adequate notice and a meaningful opportunity to be heard E. holding that an arbitration agreement enforceable against party who signed the agreement even where the other party did not sign it because generally it is enough that the party against whom the contract is sought to be enforced signs it

assistant: The best answer is C. holding the completely fully fairly element is met if the party against whom preclusion is sought had adequate notice and an opportunity to be heard on the 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: that Hoey was responsible for 648.59 grams of cocaine base and 750.22 grams of cocaine powder. Tony Young, one of Hoey’s suppliers, testified that, beginning in September 1995, he supplied Hoey with an ounce to one and one-half ounces of cocaine every week for seven or eight months. Therefore, according to this testimony alone, Hoey received a minimum of 798.3 grams of cocaine. Young also testified that “[i]n the summertime,” Hoey was selling “about two ounces” of both cocaine and crack cocaine in “half and half’ amounts every three days. Based on this testimony, approximately 850 grams of crack and 850 grams of cocaine were attributable to Hoey. Hoey cannot show that the district court’s calculation was clearly erroneous. See United States v. Randall, 171 F.3d 195, 210 (4th Cir.1999) (<HOLDING>). Hoey’s final argument concerns the apparent Options: A. holding coconspirator hearsay exception does not violate confrontation clause B. holding testimony admissible as showing context of relationship with coconspirator prior to conspiracy C. holding that where the indictment charged drug quantity but drug quantity was not submitted to the jury the district court erred in using drug quantity to increase the penalty beyond the twentyyear maximum of 841b1c D. holding that hearsay testimony of a coconspirator alone can provide sufficiently rehable evidence of drug quantity E. holding a defendant can preserve the type of error at issue here by invoking the applicable decision here alleyne or by claiming that the issue of drug quantity should go to the jury that an element of the offense was not proved that the judge cannot determine quantity or that quantity must be proved beyond a reasonable doubt and not by a preponderance of the evidence quotations and alteration omitted

assistant: The best answer is D. holding that hearsay testimony of a coconspirator alone can provide sufficiently rehable evidence of drug quantity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive’s base salary shall be a total of $312,000.00 for work performed from May 1, 2018 through February 28, 2019 (“ Base Salary ”). The Base Salary shall be payable in accordance with the Company’s standard payroll practices and policies and shall be subject to such withholdings as required by law or as otherwise permissible under such practices or policies. In addition to the services he is to perform, if any, Executive acknowledges that the receipt of the Base Salary is conditioned upon him agreeing to a waiver of Claims at the inception of this Agreement (covering the period from the beginning of his employment with the Company through the date of executing the Agreement) and a waiver of Claims for the period subsequent to the termination of this Agreement or Executive’s employment.

assistant: Base Salary
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 signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. Signatures by facsimile or by electronic mail delivery of an electronic version (e.g., .pdf or .tif file) of an executed signature page shall be treated as delivery of an original and shall bind the parties hereto. This Agreement constitutes the entire agreement and understanding among the parties hereto and supersede any and all prior agreements and understandings, oral or written, relating to the subject matter 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: In addition to such Purchaser’s other available remedies, the Company shall pay to a Purchaser, in cash, as partial liquidated damages and not as a penalty, for each $1,000 of Underlying Shares (based on the higher of the actual purchase price or VWAP of the Common Stock on the date such Securities are submitted to the Transfer Agent) delivered for removal of the restrictive legend and subject to Section 4.1(c), $10 per Trading Day for each Trading Day after the Legend Removal Date (increasing to $20 per Trading Day after the fifth Trading Day) until such certificate is delivered without a legend. Nothing herein shall limit such Purchaser’s right to pursue actual damages for the Company’s failure to deliver certificates representing any Securities as required by the Transaction Documents, and such Purchaser shall have the right to pursue all remedies available to it at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement, and the other documents and agreements referred to herein or entered into concurrently herewith embody the entire agreement and understanding of the parties hereto in respect of the subject matter contained herein; provided that such other agreements and documents shall not be deemed to be a part of, a modification of or an amendment to this Agreement. There are no restrictions, promises, representations, warranties, covenants or undertakings, other than those expressly set forth or referred to herein. This Agreement supersedes all prior agreements and understandings between the parties with respect to such subject matter. Notwithstanding any other provision in this Agreement, wherever a conflict exists between this Agreement and the Securityholders Agreement, the provisions of the Securityholders Agreement shall control, but solely to the extent of such conflict. For the avoidance of doubt, the Preferred Unitholders acknowledge and agree that, effective as of the effectiveness of this Agreement, the Unpaid Preferred Return (as defined in the Prior Agreement) is $0.

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: the burden of proving it had a valid reason to terminate asylum status ...; and (3) the termination of the plaintiffs asylum had a direct and immediate effect on the plaintiffs day-to-day life, including the loss of the plaintiffs legal right to live and work in the United States, and to travel in and out of the United States.’ ” R. 31, PagelD#: 569-70. Relying on Singh and Sidhu, Jama maintains because he cannot make the “same legal arguments” in later proceedings and will lose certain benefits means the termination of his refugee status was final agency action. R. 32, PagelD# :590, 593-94. As an initial matter, the practical legal effects of agency decisions on Jama’s life goes to the second element of the Bennett test, not the first. See Bennett, 520 U.S. at 178, 117 S.Ct. 1154 (<HOLDING>). Further, just because legal burdens and Options: A. holding the connection is an element B. holding the fourth element asks if but for the defendants actions the plaintiff would have been in a less harmful position C. holding the second element asks whether the action is one from which legal consequences will flow D. holding that second element of qualified immunity test is whether the law violated was clearly established E. holding that the statement failure to pay will leave our client with no choice but to consider legal action did not violate 1692e5 by threatening legal action because at most the language threatened that the creditor will have to consider legal action and therefore no action of any kind is threatened by defendant collection agency

assistant: The best answer is C. holding the second element asks whether the action is one from which legal consequences will flow
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any of the Collateral shall be sold, transferred or otherwise disposed of by any Note Party in a transaction permitted by the Note Documents, then the Agent, at the request and sole expense of the applicable Note Party, shall promptly execute and deliver to such Note Party all releases or other documents reasonably necessary or desirable for the release of the Liens created by the applicable Security Instrument on such Collateral. At the request and sole expense of the Issuer, a Note Party shall be released from its obligations under the Note Documents in the event that all the capital stock or other Equity Interests of such Note Party shall be sold, transferred or otherwise disposed of in a transaction permitted by the Note Documents; provided that the Issuer shall have delivered to the Agent, at least five Business Days prior to the date of the proposed release, a written request for release identifying the relevant Note Party and the terms of the sale or other disposition in reasonable detail, including the price thereof and any expenses in connection therewith, together with a certification by the Issuer stating that such transaction is in compliance with this Agreement and the other Note Documents.

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: the gate was necessary for the Hunts' use of their property. Because the Hunts had properly stated the inquiry as focusing on the Richardsons’ use of their property, we assume the trial court misstated the Richardsons’ names in this portion of its ruling. 7 . The Richardsons did not comply with Arizona Rule of Civil Procedure 56(c)(2) by filing a separate statement of facts in opposition to the one filed by the Hunts in support of their cross-motion for summary judgment. Regardless, the Richardsons filed a response to the motion, citing testimony from the evidentiary hearing held on the application for TRO. The trial court was required to consider that evidence in deciding the merits of the Hunts’ motion. State ex rel. Corbin v. Sabel, 138 Ariz. 253, 256, 674 P.2d 316, 319 (App.1983) (<HOLDING>). 8 . In Squaw Peak, this court applied the Options: A. holding that a trial court can only consider admissible evidence in ruling on a motion for summary judgment B. recognizing that nonmovant can oppose a proper summary judgment motion via affidavits depositions answers to interrogatories and admissions on file but not mere pleadings themselves and indicating that it is from this list that one would normally expect the nonmoving party to make the showing to which we have referred C. holding that in ruling on a motion for summary judgment the trial court is limited to the grounds raised in the motion D. holding that a court may not consider hearsay contained in an affidavit when ruling on a summary judgment motion E. holding that in ruling on summary judgment motion the court is required to consider portions of verified pleadings depositions answers to interrogatories and admissions on file which are brought to the courts attention by the parties

assistant: The best answer is E. holding that in ruling on summary judgment motion the court is required to consider portions of verified pleadings depositions answers to interrogatories and admissions on file which are brought to the courts attention by the parties
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 representations and warranties of the Company and Purchaser shall survive the execution and delivery hereof and the Closing until the date one year from the Closing Date, and the agreements and covenants set forth in Articles I, III, V, VII and VIII of this Agreement shall survive the execution and delivery hereof and the Closing hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: arises between two states’ statutes of limitations, the Restatement provides: An action will be maintained if it is not barred by the statute of limitations of the forum, even though it would be barred by the statute of limitations of another state. Restatement (Second) of Conflict of Laws § 142(2). Section 142(2) thus requires Ohio courts to apply Ohio’s statute of limitations to breach of contract actions brought in Ohio, even if the action would be time-barred in another state. See Males v. W.E. Gates & Associates, 29 Ohio Misc.2d 13, 504 N.E.2d 494, 494-95 (Ohio Com.Pl.1985) (applying Ohio’s fifteen-year statute of limitations to a breach of contract action that would have been barred by Virginia’s five-year statute); cf. Mahalsky v. Salem Tool Co., 461 F.2d 581, 586 (6th Cir.1972) (<HOLDING>); Mackey v. Judy’s Foods, Inc., 867 F.2d 325, Options: A. holding that constitutional error was waived even though petitioner repeatedly used the phrase full faith and credit because petitioner did not cite to the federal constitution or to any cases relying on the full faith and credit clause of the federal constitution B. holding that the full faith and credit clause does not require a state to apply another states law in violation of its own legitimate public policy C. holding this rule does not deny full faith and credit D. holding that puerto rican judgments are entitled to full faith and credit E. holding that texas is required to extend full faith and credit to valid judgments from other states

assistant: The best answer is C. holding this rule does not deny full faith and credit
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 be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg. Each party agrees that all legal proceedings concerning the interpretations, enforcement and defense of the transactions contemplated by this Agreement and any other transaction documents (whether brought against a party hereto or its respective affiliates, directors, officers, shareholders, employees or agents) shall be commenced exclusively in the competent courts in the Grand Duchy of Luxembourg• Each party hereby irrevocably submits to the exclusive jurisdiction of the courts of the Grand Duchy of Luxembourg for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein (including with respect to the enforcement of any of the transaction documents), and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is improper or is an inconvenient venue for such proceeding.

assistant: Jurisdictions
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 all amendments, modifications, alterations, or supplements hereto, and the rights of the parties hereunder, shall be construed under and governed by the laws of the State of Minnesota and the United States of America.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: law. That notion is plainly contradicted by Harlow, where the Court completely reformulated qualified immunity along principles not at all embodied in the common law ... 483 U.S. at 644-45, 107 S.Ct. at 3041-42 (citations omitted) (footnote omitted); see also Wyatt, 504 U.S. at 166, 112 S.Ct. at 1832 (affirming this characterization of Harlow). The distinction between Tower and Anderson perhaps lies in the fact that in Tower, the Court found no common-law support for the immunity in question, while in Anderson, it did, albeit not for the precise factual scenario there in question. Compare Tower, 467 U.S. at 922, 104 S.Ct. at 2825 (finding that common law did not shield defense lawyers from tort liability for intentional misconduct), with Anderson, 483 U.S. at 645, 107 S.Ct. at 3042 (<HOLDING>). Thus, in cases such as this, where there is Options: A. recognizing a direct liabilitymanagement theory and explaining that under these circumstances strict adherence to the general rule that liability for bad faith breach may be imposed only against a party to an insurance contract would permit farmers to shield itself from liability through the device of a management company B. holding that one of the principal purposes of the qualified immunity doctrine is to shield officers not only from liability but also from defending against a lawsuit C. holding that township supervisors absolute immunity from suit because of their positions as high public officials may not be used to shield the township itself from liability D. holding that qualified immunity is designed to shield from liability all but the plainly incompetent or those who knowingly violate the law E. holding that common law would shield officers from liability if fugitive was present in thirdpartys home

assistant: The best answer is E. holding that common law would shield officers from liability if fugitive was present in thirdpartys home
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: never be an appropriate measure of damages, Plaintiffs have not cited any admissible evidence suggesting that the general rule articulated in Kitchel should not be applied here. On the other hand, Kitchel and its progeny do not support SBVS’s argument that under California law, no consequential damages, including lost rent, can be recovered on construction contracts. Neither Kitchel nor any other case the Court has found stands for such a broad rule. Rather, in the absence of a valid contractual limitation on liability provision, Plaintiffs are entitled to lost rent if such damages were foreseeable at the time of contracting. See Brandon & Tibbs v. George Kevorkian Accountancy Corp., 226 Cal.App.3d 442, 277 Cal.Rptr. 40 (1990); Mahone v. Thompson, 83 Cal.App. 561, 257 P. 127 (1927) (<HOLDING>). In Brandon & Tibbs, the court explained that Options: A. holding that the measure of damages for breaching a building construction contract is ordinarily such sum as is required to make the building conform to the contract B. holding that rental value was properly included as part of damages on action for breach of building contract where contractor failed to complete building within contracted time C. holding construction of new building was part of a grocers business D. holding that builder who was in the business of building and selling homes and who had a contract for the building of a home in which employee of subcontractor was injured was to be considered a principal contractor for purposes of workers compensation even though at the time of injury he was the owner of the house being built E. holding that a cause of action for breach of contract accrues at the time of the breach

assistant: The best answer is B. holding that rental value was properly included as part of damages on action for breach of building contract where contractor failed to complete building within contracted time
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: on May 27, 2010, almost a full year after the limitations period expired. Absent any tolling of the one-year limitations period, Galindo’s habeas petition is clearly barred. Galindo argues the district court should have granted his request for an evidentiary hearing to address whether the doctrine of equitable tolling would apply to permit the late filing of his habeas petition. Under the doctrine of equitable tolling, the statute of limitations is tolled when the plaintiffs “failure to timely file was caused by extraordinary circumstances beyond his control.” Marsh v. Soares, 223 F.3d 1217, 1220 (10th Cir.2000). Equitable tolling is only appropriate, however, when a plaintiff “diligently pursues his claims.” Id.; see also Woodward v. Williams, 263 F.3d 1135, 1142-43 (10th Cir.2001) (<HOLDING>) (quotation and citation omitted), Galindo Options: A. holding that equitable tolling under 2255 would be allowed if at all only for extraordinary circumstances B. holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling C. holding petitioners alleged ignorance of aedpas statute of limitations is insufficient to warrant equitable tolling D. holding that aedpas statute of limitations is subject to equitable tolling only when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control E. holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence

assistant: The best answer is D. holding that aedpas statute of limitations is subject to equitable tolling only when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the other Loan Documents represent the agreement of the Borrowers, the Guarantor, the Administrative Agent and the Secured Parties with respect to the subject matter hereof and thereof, and there are no promises, undertakings, representations or warranties by the Administrative Agent or any Secured Party relative to subject matter hereof and thereof not expressly set forth or referred to herein or in the other Loan Documents.

assistant: Integration
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: Corp., No. 02-681, 2007 Mass.Super. LEXIS 442, 2007 WL 3260199, *4-5 (Mass.Super.Ct. Sept. 25, 2007). But neither court held, as this Court does, that trial courts lacked subject matter jurisdiction over the plaintiffs’ claims. Indeed, in concluding that a plaintiff suing for allegedly defective Gen-3 buckles stated a cognizable claim, a Florida court noted: This case turns on a relatively simple question, at least as to damages — Is a car with defective seatbelt buckles worth less than a car with operational seatbelt buckles? Common sense indicates that it is, but, at this stage of the case, we need not decide that issue. Rather, we only determine that Collins is entitled to go forward with her case. Collins v. DaimlerChrysler Corp., 894 So.2d 988, 989-90 (Fla.Dist.Ct.App.2004) (<HOLDING>). The Court relies in part on Rivera v. Options: A. holding that no products liability claim lies in admiralty when commercial party alleges injury only to product itself resulting in purely economic loss insofar as the tort concern with safety is reduced when an injury is only to the product itself B. holding that allegations of intentional acts causing injury resulted in the complaint falling outside the coverage of an insurance policy insuring only against accidental injury C. holding that florida consumer protection statute did not require that a defect manifest itself by failing to operate in an emergency or by causing injury actual injury in form of insufficient product value was enough and whether allegations have merit remained to be decided D. holding that if plaintiffs could not establish that the particular agent orange causing injury to the plaintiff was manufactured by that defendant then the burden would shift to each defendant to establish that its product could not have caused the plaintiffs injury or alternatively that it should only be responsible for a proportion of the damage E. holding that to have standing a plaintiff must establish an injury in fact a casual connection between the injury and that the injury will be redressed by a favorable decision

assistant: The best answer is C. holding that florida consumer protection statute did not require that a defect manifest itself by failing to operate in an emergency or by causing injury actual injury in form of insufficient product value was enough and whether allegations have merit remained to be decided
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: missed a scheduled coupon payment is not determinative .... NECA was not required to prove the precise amount of any damages at the pleading stage.”). Moreover, plaintiffs assert that although Plumbers’ Fund incurred only a nominal $2,000 loss, Pipefitters’ Fund and NECA-IBEW suffered larger losses. See Pis.’ Surreply at 5-6. 18 . Determining the accuracy of defendants’ contention requires a factual investigation into whether Pipefitters and NECA-IBEW, exercising reasonable diligence, should have "discover[ed] [] the untrue statement” within the year and eleven days that elapsed between the date of the corrective disclosure and the date of the filing of the Complaint. See 15 U.S.C. § 77m; cf. Merck & Co., Inc. v. Reynolds, 559 U.S. 633, 130 S.Ct. 1784, 1796, 176 L.Ed.2d 582 (2010) (<HOLDING>); Young v. Lepone, 305 F.3d 1, 12 (1st Options: A. holding that the evidence must be sufficient to support the agencys findings of fact and that the agencys inferences from those facts must be reasonable B. holding that facts showing scienter are among those that constitute the violation and must be discovered for a claim to accrue C. recognizing that when the facts alleged in the administrative complaint are not disputed this leaves only conclusions of law to be drawn as to whether the admitted facts constitute a violation of the statutes as charged and penalties to be imposed D. holding that to be entitled to relief under rule 60b2 the moving party must show among other things that the newly discovered evidence is material E. holding that the proper standard to apply is to assume that the facts have occurred as reported and then determine whether those facts constitute a violation of law or rule adopted pursuant to law

assistant: The best answer is B. holding that facts showing scienter are among those that constitute the violation and must be discovered for a claim to accrue
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: Policies and procedures will be maintained and enforced by or on behalf of the Borrower that are designed in good faith and in a commercially reasonable manner to promote and achieve compliance, in the reasonable judgment of the Borrower, by the Borrower and its directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions, in each case giving due regard to the nature of such Person’s business and activities.

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 case excerpt and choose the best holding from the options. Case excerpt: party,” the statute also contains a clear and highly relevant exception: “except where there is a statutory right of reimbursement.” Id. In other words, where there is such a statutory right of reimbursement, then Section 5-335’s limitations will not apply. Here, there is a right of reimbursement expressly stated in the ERISA-governed plans. Although plaintiffs challenge this point, taking the position at oral argument that any such right arises under the contract between plaintiffs and defendants, and not under ERISA, the Court disagrees. (See Oral Arg. Jan. 22, 2013.) The right of reimbursement contained in the ERISA-governed Plans is enforced by means of ERISA. See Mittenthal v. N.Y. Univ. Sch. of Med., No. 106332/09, 2012 N.Y. Misc. LEXIS 1358, at *6 (Sup.Ct. Mar. 26, 2012) (<HOLDING>). Thus, because the exception applies, N.Y. GOL Options: A. holding that statute related to erisa plans pursuant to 514a because it prohibited plans from being structured in a manner requiring reimbursement in the event of a recovery from a third party B. holding that ny gol 5335 does not apply to erisa plans because of erisas statutory right of reimbursement C. holding that federal common law of erisa preempts state law in the interpretation of erisa benefit plans D. holding that a state law requiring benefit plans to include minimum benefits related to erisa plans E. holding that a termination of an erisa plans benefits must be based upon the plans terms and language

assistant: The best answer is B. holding that ny gol 5335 does not apply to erisa plans because of erisas statutory right of reimbursement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in any number of counterparts, but all of such counterparts shall together constitute but one and the same agreement. Receipt by telecopy, facsimile or email transmission of any executed signature page to this Amendment shall constitute effective delivery of such signature page.

assistant: Counterparts