flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: When reference is made in this Agreement to an Article or a Section, such reference shall be to an Article or Section of this Agreement, unless otherwise indicated. The table of contents, table of defined terms and headings contained in this Agreement are for convenience of reference only and shall not affect in any way the meaning or interpretation of this Agreement. The language used in this Agreement shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction shall be applied against any party. Whenever the context may require, any pronouns used in this Agreement shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns and pronouns shall include the plural, and vice versa. Any reference to any federal, state, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The terms “material,” “materially” or “materiality” as used in this Agreement with an initial lower case “m” are agreed to have their respective customary and ordinary meanings, without regard to the meanings ascribed to Prime Material Adverse Effect in Section 3.1 or the Bank Material Adverse Effect in Section 4.1 . Whenever the words “include,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.” No summary of this Agreement prepared by any party shall affect the meaning or interpretation of this Agreement.

assistant: Interpretations
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 State of Nevada without regard to principles of conflicts of laws. Any action brought by either party against the other concerning the transactions contemplated by this Agreement shall be brought only in the state courts of Florida or in the federal courts located in the state of Florida and Palm Beach County, Florida. The parties to this Agreement hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens . EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE, AND AGREES NOT TO REQUEST, A JURY TRIAL FOR THE ADJUDICATION OF ANY DISPUTE HEREUNDER OR IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED HEREBY. The prevailing party shall be entitled to recover from the other party its reasonable attorney's fees and costs. In the event that any provision of this Agreement or any other agreement delivered in connection herewith is invalid or unenforceable under any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any such provision which may prove invalid or unenforceable under any law shall not affect the validity or enforceability of any other provision of this Agreement, the Convertible Note or any other agreement, certificate, instrument or document contemplated hereby or thereby. Each party hereby irrevocably waives personal service of process and consents to process being served in any suit, action or proceeding in connection with this Agreement, the Convertible Note or any other agreement, certificate, instrument or document contemplated hereby or thereby by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law.

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: Assignor and Assignee each represents to Landlord as follows: (i) Assignor and Assignee are each duly formed and validly existing under the laws of the State of Delaware, (ii) Assignee is qualified to do business in Texas, (iii) Assignor and Assignee each has the full right and authority to enter into this Amendment, and (iv) each person signing this Amendment on behalf of Assignor and Assignee was and continues to be authorized to do so. Landlord represents to Assignor and Assignee as follows: (i) Landlord is duly formed and validly existing under the laws of the State of Delaware, (ii) Landlord is qualified to do business in Texas, (iii) Landlord has the full right and authority to enter into this Amendment without the joinder or consent of any party, including, without limitation, the holder of any mortgage or deed of trust encumbering the Building, (iv) each person signing this Amendment on behalf of Landlord was and continues to be authorized to do so, and (v) no party other than Landlord has an ownership interest in the Premises or a lessor’s interest in the Lease.

assistant: Authority
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: this may be for reasons set forth in airbnb 's extenuating circumstances policy or ( i ) where airbnb believes in good faith , while taking the legitimate interests of both parties into account , this is necessary to avoid significant harm to airbnb , other members , third parties or property , or ( ii ) for any of the reasons set out in these terms .

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: organization requests an LPA; (3) the labor organization and service provider enter into LPA negotiations; .and (4) the service provider makes concessions acceptable to the union, which may be totally unrelated to preventing strikes. If a service provider’s employees are not already unionized, once a labor organization secures an LPA, the labor organization must then (5) become the certified bargaining representative of the service provider’s employees through NLRB elections. Compared to simple, contract-based incentives, see id., section 25 certainly seems a roundabout way to minimize labor disruptions at LAX. These tailoring problems suggest that section 25’s “manifest purpose and inevitable effect” may not be to protect the City’s proprietary interest in the airport at all. See id. (<HOLDING>); see also Hotel Emps. & Rest. Emps. Union, Options: A. holding that it is prejudicial to indicate to the jury that the plaintiff has or may have another remedy B. holding that it may not C. holding that tailoring problems may indicate a regulatory purpose D. holding that any irregularities must indicate discriminatory hiring practices E. holding that an employers awareness of plaintiffs past medical problems does not establish that it regarded her as disabled

assistant: The best answer is C. holding that tailoring problems may indicate a regulatory purpose
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: remaining reasons were pretextual, it is impossible to say on this record whether that determination was improperly tainted by the prior erroneous discounting of Sprint’s other race-neutral reasons. Because a new trial is required by the inconsistent verdicts, a separate remedy for the error in applying Batson is not necessary. III. Miscellaneous Evidentiary Issues We need not address Sprint’s claims of evidentiary error at length given our disposition of the case. However, for benefit of the district court and the parties on remand, we make the following observations. First, only the Title VII claim against Sprint and the § 1981 claims against Sprint and Crowder are at issue on retrial. Any evidence which was permitted based on the retaliatory hostile env 3d 1325, 1330 (6th Cir.1994) (<HOLDING>). Finally, stray racial comments should Options: A. holding that negligence must be the proximate cause of injury B. holding that a physicians negligence need only be a proximate cause not the proximate cause of plaintiffs injury C. holding proximate cause required for claim of breach of special duty D. holding that whether the negligent acts of parties combined to become the proximate cause of the injury was a question for the jury E. holding that district court should evaluate whether other acts were proximate to relevant action

assistant: The best answer is E. holding that district court should evaluate whether other acts were proximate to relevant action
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: are reversed with instructions that he be re-sentenced under a correctly calculated score sheet. Cooper also asserts the same argument for his 41.712-month sentence on the delivery of cocaine charge. The question, however, is whether this error is harmless because Cooper was sentenced as a habitual felony offender. While the 41.712-month sentence happened to be equal to the minimum guidelines sentence under the incorrectly calculated score sheet, the guidelines scoresheet is legally irrelevant because Cooper was habitualized. See § 775.084(4)(h), Fla. Stat. (2002)(“A sentence imposed under this section is not subject to s. 921.002 [The Criminal Punishment Code].”); Tannihill v. State, 848 So.2d 442, 444 (Fla. 4th DCA 2003); LaFleur v. State, 812 So.2d 545, 546 (Fla. 4th DCA 2002)(<HOLDING>); Kenon v. State, 780 So.2d 258, 261 (Fla. 5th Options: A. holding habitual sentence rendered guidelines scoresheet irrelevant B. holding defendant sentenced to term equal to maximum guidelines sentence under improperly calculated sentencing guidelines scoresheet was not entitled to be resentenced because defendant was habitualized such that sentencing guidelines score sheet was irrelevant and the sentence imposed was not illegal C. holding if the plea agreement was not conditioned on the sentencing guidelines an appellant is not entitled to relief because his sentence is not illegal D. holding that defendant entitled to resentencing if the sentence imposed under the unconstitutional 1995 sentencing guidelines would constitute an impermissible departure sentence under the 1994 guidelines E. holding that defendant should be resentenced where district court imposed a sentence under an erroneously calculated guidelines range even where the sentence imposed fell within the correct range

assistant: The best answer is B. holding defendant sentenced to term equal to maximum guidelines sentence under improperly calculated sentencing guidelines scoresheet was not entitled to be resentenced because defendant was habitualized such that sentencing guidelines score sheet was irrelevant and the sentence imposed was not illegal
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: 1100-1101 (6th Cir.2010) (setting forth requirements for pleading Michigan law fraud claim with particularity). Ram argues on appeal that if indeed its allegations of fraud are not stated with sufficient particularity, it should be given permission to amend its complaint. The record from the district court shows that Ram had already submitted an amended complaint, and that it did so after ADT had moved for judgment on the pleadings, in part on the argument that Ram had failed to plead fraud with sufficient particularity. Given that Ram had notice, before appealing to this Court, that its pleadings may have been deficient, we are not inclined at this point to give Ram an additional opportunity to amend. Cf. Roskam Baking Co. v. Lanham Machinery Co., 288 F.3d 895, 906 (6th Cir.2002) (<HOLDING>). Therefore, Ram’s only allegation of fraud Options: A. holding that district court abused its discretion by denying plaintiffs motion to file fourth amended complaint B. holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint C. holding that appellate court should overturn a district courts denial of a motion to amend a complaint only if the district court has abused its discretion D. holding district court abused discretion in denying leave to amend complaint to add claim when party opposing motion made no showing of prejudice from delay E. holding that the district court abused its discretion in denying leave to amend after a delay of eight months

assistant: The best answer is B. holding that district court had not abused its discretion in denying plaintiffs motion to amend 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 legal provision and list the applicable contract clause categories. Provision: This Guaranty Agreement and all claims and causes of action arising out of this Guaranty Agreement shall be governed by and construed in accordance with the applicable law pertaining in the State of New York, other than those conflict of law provisions that would defer to the substantive laws of another jurisdiction. This governing law election has been made by the parties in reliance (at least in part) on Section 5–1401 of the General Obligations Law of the State of New York, as amended (as and to the extent applicable), and other applicable law.

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: receiver.” 421 U.S. at 337, 95 S.Ct. at 1732 (emphasis added). The Court of Appeals found this language inapplicable to the case before it because in Whiting Pools the debtor had an equitable interest in the seized property as the amount of the levy was less than the value of the property seized. 674 F.2d at 158. Second, the government cited footnote 8 in the Phelp’s opinion which stated in part that “[i]n any event, the pre-petition levy displaced any title of Chicagoland and [the taxpayer] .... ” 421 U.S. at 337, 95 S.Ct. at 1733 n. 8; 674 F.2d at 158. The Court of Appeals noted that the Supreme Court failed to cite authority for that proposition and suggested an inconsistency with the earlier Supreme Court case of Bennett v. Hunter, 76 U.S. (9 Wall) 326, 19 L.Ed. 672 (1870) (<HOLDING>). The Court continued: “[t]he remark just Options: A. recognizing the substantial body of case law discussing distinction between preliminary and postliminary activities on the one hand and principle activities of employment on the other B. holding that plaintiffs were not entitled to a preliminary injunction C. holding transfer rule did not violate federal equal protection D. holding that an arbitration clause in a title insurance policy was properly incorporated by reference into the preliminary title report and thus was binding upon the insured even though the insured had not seen the policy or the arbitration clause prior to approving the preliminary title report E. holding that presale activities were preliminary and did not transfer title

assistant: The best answer is E. holding that presale activities were preliminary and did not transfer title
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: So.2d at 1244; see also § 856.021(2). M.R. attempted to hide behind a dumpster when Officer Quintero first approached in his marked K-9 vehicle. When Officer Quintero approached on foot, M.R. then attempted to flee the scene and started to quickly walk away from the complex. Although “alarm is presumed when a person flees, conceals himself, or refuses to identify himself,” the officers’ testimony at the adjudicatory hearing articulated specific facts that warranted the finding that there was an imminent concern to the public and surrounding property. B.J., 951 So.2d at 102. Officer Quintero testified that after approaching M.R. in his marked K-9 vehicle, he got out and loudly yelled verbal instructions to M.R. to return to the immediate area. M.R.’s delayed compliance la. Bd DCA 2002) (<HOLDING>); Grant, 854 So.2d at 242 (holding that Options: A. holding that opening the door in response to a police demand and then failing to object when officers entered was not voluntary consent B. holding that the second element was not satisfied where the defendant shined a flashlight into a glass door for five to ten seconds then left the area and was stopped by police officer thirteen blocks away C. recognizing that trial court properly left the door open for defendant to prove its defenses to the fed complaint D. holding that no seizure occurred where the defendant initially stopped in compliance with a police officers order but then drove off quickly before the police officer could reach the suspects car E. holding that the defendant committed assault under section 70813 where he came into the apartment for about two seconds with a gun in his right hand held the gun straight down at his side said wrong door then closed the door and started knocking on the other apartments door

assistant: The best answer is B. holding that the second element was not satisfied where the defendant shined a flashlight into a glass door for five to ten seconds then left the area and was stopped by police officer thirteen blocks away
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In connection with Section 5-1401 of the General Obligations Law of the State of New York, this Agreement shall be governed by, and construed in accordance with, the laws of the State of New York without regard to principles of conflicts of law that would result in the application of the substantive law of another jurisdiction. The parties hereto agree that any action, proceeding or claim arising out of or relating in any way to this Agreement shall be resolved through final and biding arbitration in accordance with the International Arbitration Rules of the American Arbitration Association (“ AAA ”). The arbitration shall be brought before the AAA International Center for Dispute Resolution’s offices in New York City, New York, will be conducted in English and will be decided by a panel of three arbitrators selected from the AAA Commercial Disputes Panel and that the arbitrator panel’s decision shall be final and enforceable by any court having jurisdiction over the party from whom enforcement is sought. The cost of such arbitrators and arbitration services, together with the prevailing party’s legal fees and expenses, shall be borne by the non-prevailing party or as otherwise directed by the arbitrators. This Agreement may be executed in several original or facsimile counterparts, each one of which shall constitute an original, and together shall constitute but one instrument.

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: Except as set forth in the SEC Reports, none of the officers or directors of the Company or any Subsidiary and, to the knowledge of the Company, none of the employees of the Company or any Subsidiary is presently a party to any transaction with the Company or any Subsidiary (other than for services as employees, officers and directors), including any contract, agreement or other arrangement providing for the furnishing of services to or by, providing for rental of real or personal property to or from, providing for the borrowing of money from or lending of money to or otherwise requiring payments to or from any officer, director or such employee or, to the knowledge of the Company, any entity in which any officer, director, or any such employee has a substantial interest or is an officer, director, trustee, stockholder, member or partner, in each case in excess of $120,000 other than for: (i) payment of salary or consulting fees for services rendered, (ii) reimbursement for expenses incurred on behalf of the Company and (iii) other employee benefits, including stock option agreements under any equity incentive plan of the Company.

assistant: Transactions With Affiliates
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 Parent has previously furnished to the Administrative Agent the audited consolidated balance sheets of the Parent and its Subsidiaries as of December 31, 2017, and the related consolidated statements of operation, cash flows and changes in shareholders’ equity for the fiscal year then ended, the notes accompanying such financial statements, and the report of KPMG LLP. Such financial statements fairly present in all material respects the financial condition of the Parent and its Subsidiaries as of their respective dates and the results of operations and cash flows of the Parent and its Subsidiaries for the periods ended on such dates in accordance with GAAP for the periods covered thereby, subject, in the case of interim financial statements, to normal year-end adjustments, reclassifications and absence of footnotes. Since December 31, 2017, there has been no change that could reasonably be expected to have a Material Adverse Effect.

assistant: Financial Statements
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: bringing a suit against his own state in federal court. Hans v. Louisiana, 134 U.S. 1, 10 S.Ct. 504, 33 L.Ed. 842 (1890). The Micomonaeos are citizens of Washington and, therefore, unless their case falls into one of the exceptions to the Eleventh Amendment bar, the action was properly dismissed. There are two “well-established” exceptions to the Eleventh Amendment protection from suit. Atascadero State Hosp. v. Scanlon, 473 U.S. 234, 238, 105 S.Ct. 3142, 3145, 87 L.Ed.2d 171 (1985). Congress can abrogate the Eleventh Amendment without the consent of the states in certain instances or a state may waive its immunity by consenting to suit in federal court. Id.; see also Welch v. Texas Dept. of Highways & Pub. Transp., 483 U.S. 468, 473-74, 107 S.Ct. 2941, 2945-46, 97 L.Ed.2d 389 (1987) (<HOLDING>). By legislation, Congress may require states Options: A. holding that the eleventh amendment does not bar federal courts from enjoining unconstitutional actions of state officers B. recognizing first two exceptions C. recognizing two exceptions to eleventh amendment bar D. recognizing exceptions to immunity E. recognizing the eleventh amendment does not bar the united states from suing a state

assistant: The best answer is C. recognizing two exceptions to eleventh amendment bar
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No Borrower will directly or indirectly (a) declare, pay, make or set aside any amount for payment in respect of Subordinated Debt, except for payments made in full compliance with and expressly permitted under the Subordination Agreement, (b) amend or otherwise modify the terms of any Subordinated Debt, except for amendments or modifications made in full compliance with the Subordination Agreement, (c) make any optional repurchase or optional redemption of the Convertible Notes, (d) amend or otherwise modify the terms of the Convertible Notes term if such change or amendment would materially increase the obligations of Borrowers or confer additional material rights on the holder of such Debt in a manner adverse to Credit Parties, any Subsidiaries, Agent or Lenders, except, in any case, for modifications or amendments constituting Permitted Refinancing Debt. Borrowers shall, prior to entering into any such amendment or modification, deliver to Agent reasonably in advance of the execution thereof, any final or execution form copy thereof. Notwithstanding anything to the contrary set forth in this Section 5.5 or otherwise in this Agreement, the Borrowers may (A) refund, refinance, replace or exchange any Convertible Notes Debt with Permitted Refinancing Debt; (B) repay any Convertible Notes Debt by making payment in Equity Interests that are not Disqualified Equity Interests upon the conversion thereof (and making cash payments on account of fractional shares in connection with such conversion to the extent constituting a Permitted Distribution); (C) on the stated maturity thereof, repay the 2018 Convertible Notes in cash using Qualified Cash described in the definition of “Liquidity Condition”; and (D) pay, when due, interest, fees and reimbursable indemnities and expenses payable in respect of any Convertible Notes Debt.

assistant: Payments
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: Commencing on the Effective Date, the Company shall pay Employee during the Initial Employment Term an annual base salary of $125,000, less ordinary withholdings (the “Annual Base Salary”). Such Annual Base Salary will be payable less ordinary withholdings in accordance with the normal payroll cycle as presently exists (currently weekly) or may hereafter be adopted by the Company. Furthermore, the Executives annual base salary compensation will be increased to $150,000 upon the successful completion of an initial public offering. The Employee’s annual base salary will be reviewed at the end of each fiscal year after a successful initial public offering and, at the discretion of the Chief Executive Officer and Compensation Committee, can be increased based upon the Company’s financial performance against the established business plan. The annual base salary may not be decreased except with the written consent of the employee.

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 case excerpt and choose the best holding from the options. Case excerpt: in any case,” 28 U.S.C. § 1927. This unambiguous statutory language necessarily excludes the complaint that gives birth to the proceedings, as it is not possible to multiply proceedings until after those proceedings have begun. To the extent that the Seventh Circuit held otherwise in In re TCI, Ltd,., 769 F.2d at 448, we find the court’s reasoning questionable. There, the Seventh Circuit looked beyond § 1927’s language to (1) a failed amendment that would have required a warning prior to sanctions; and (2) the “new” Fed.R.Civ.P. 11. which, the court observed, “requires the attorney to take care before filing a complaint.” Id. We see no reason to look past § 1927’s clear language. See BedRoc Ltd., LLC v. United States, 541 U.S. 176, 187 n. 8, 124 S.Ct. 1587, 158 L.Ed.2d 388 (2004) (<HOLDING>). [14] Because Gage acquiesced in Winn’s first Options: A. recognizing longstanding precedents that permit resort to legislative history only when necessary to interpret ambiguous statutory text B. holding that even where there are contrary indications in the statutes legislative history we do not resort to legislative history to cloud a statutory text that is clear C. recognizing that courts may look beyond the statutory text to determine legislative intent only when the statute is ambiguous D. holding that we may consult legislative history as an aid to the interpretation of ambiguous text E. holding that unless a statute is ambiguous on the point at issue a court should not resort to legislative history in interpreting it

assistant: The best answer is A. recognizing longstanding precedents that permit resort to legislative history only when necessary to interpret ambiguous statutory text
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 movant “ ‘presents claims subject to the requirements for successive applications as well as claims cognizable under Rule 60(b),’ ” such a motion is a mixed Rule 60(b)/§ 2255 motion. Id. at 400 (quoting United States v. Winestock, 340 F.3d 200, 207 (4th Cir. 2003)). In his Rule 60(b) motion, Strom sought a remedy for a perceived flaw in his § 2255 proceeding — namely, the district court’s failure, in ruling on the § 2255 motion, to address Strom’s claims of actual innocence and that plea counsel induced Strom’s guilty plea by assuring Strom that he would receive a 10-year sentence — and raised a direct attack on his conviction and sentence. Accordingly, the motion was a mixed Rule 60(b)/§ 2255 motion. McRae, 793 F.3d at 397, 400; see Gonzalez, 545 U.S. at 532 n.4, 125 S.Ct. 2641 (<HOLDING>); Winestock, 340 F.3d at 207 (stating that “a Options: A. recognizing the trial courts responsibility to inquire where matters are raised which might entitle the movant to relief under rule 60b B. holding that appellate courts can review the denial of a rule 60b motion by appeal even if the appellant mistakenly files a petition for a writ of mandamus C. holding without extended discussion that even if the district court should have construed the petitioners motion under 18 usc 3582c2 as a rule 60b motion the court would nonetheless have had to recharacterize the rule 60b motion as an sshp D. holding that district court correctly determined that it did not have jurisdiction to consider rule 60b motion after appellate decision because movant cited no material change of circumstances or new evidence E. holding that a movant files a true rule 60b motion when he asserts that a previous ruling which precluded a merits determination was in error

assistant: The best answer is E. holding that a movant files a true rule 60b motion when he asserts that a previous ruling which precluded a merits determination was in error
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. at 386. The court recognized that the tolling provision could not constitutionally be applied to any travel by Cheng related to interstate commerce and that a remand was necessary to determine the specific reasons for Cheng's out-of-state travel. Id. at 388-89. 40 . This question was much litigated in the intermediate courts of Ohio. Compare Permanent Gen. Ins. Cos. v. Dressler, 130 Ohio App.3d 628, 720 N.E.2d 959, 961 (1998) ("Dressler, a resident of Ohio, amenable to service, left the state to vacation. Surely the act of vacationing out of state implicates interstate commerce. An entire industry has grown around the simple act of leaving one's home for a short respite in another state or another country.") with Lovejoy v. Macek, 122 Ohio App.3d 558, 702 N.E.2d 457, 462 (1997) (<HOLDING>). The Ohio Supreme Court in Johnson v. Rhodes Options: A. holding that the government can satisfy the hobbs act interstate commerce requirement by showing that the robbery resulted in the closure of a business engaged in interstate commerce B. recognizing that the interstate nexus requirement is satisfied by proof of a probable or potential impact on interstate commerce C. holding sixtonineday absence from ohio for vacation purposes does not rise to the level of an act engaging in interstate commerce mooting question of whether absence to attend college is interstate commerce D. holding that commerce clause authorizes congress to punish any particular criminal action even without proof of a relation to interstate commerce when the activity is part of a class of activities determined by congress to affect interstate commerce E. recognizing power of states to engage in some regulation of interstate commerce

assistant: The best answer is C. holding sixtonineday absence from ohio for vacation purposes does not rise to the level of an act engaging in interstate commerce mooting question of whether absence to attend college is interstate commerce
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: 558 (Bankr.D.N.J.1996). The administrative expense priority only applies to those claims for costs “that were actually and necessarily incurred in preserving the estate for the benefit of its creditors.” Id. In order for an expense to qualify as “actual” and “necessary,” the claim must benefit the estate as a whole. Id. at 559 (citing Montrose Ctr. v. Northeast Consumer Tech. Store, Inc. (In re Appliance Store, Inc.), 148 B.R. 234, 243 (Bankr.W.D.Pa. 1992)). Further, the claimant seeking an administrative expense award has the burden of proving by a preponderance of the evidence that the debtor’s estate benefit-ted from the applicant’s services to the extent of the claim allowed. In re Molnar Bros., 200 B.R. at 559. In re Interstate Grocery Distributions Sys., Inc., 267 B.R. at 913 (<HOLDING>). To sustain its burden and thus qualify for Options: A. holding a claimant must prove entitlement to benefits by the preponderance of the evidence which is not sustained by mere surmise or conjecture B. holding that burden is upon employer to demonstrate by preponderance of evidence that claimant committed act in question C. holding that to establish a claim for abuse of process a claimant must demonstrate an act in the use of the process not proper in the regular prosecution of the proceedings D. holding that the government must prove the facts used in sentencing by a preponderance of the evidence E. holding that a claimant must demonstrate by a preponderance of the evidence entitlement to an administrative claim

assistant: The best answer is E. holding that a claimant must demonstrate by a preponderance of the evidence entitlement to an administrative 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: and Bank of Thailand do not belong to the same consortium, but each has an account at New York Bank. To begin the transfer, ABC instructs India National Bank to transfer $100 to XYZ’s account at Bank of Thailand. India National Bank then debits ABC's account and forwards the instruction to New York Bank. New York Bank then debits India National’s account and credits Bank of Thailand’s account. Bank of Thailand then credits XYZ’s account, thereby completing the transfer. Id. at 60 n. 1. 2 . This lack of definition is apparent in the myriad approaches taken by district courts tasked with interpreting TRIA’s and FSIA § 1610(g)'s provisions allowing execution upon the assets "of" a terrorist state. See, e.g., Estate of Heiser v. Islamic Republic of Iran, 885 F.Supp.2d 429, 443 (D.D.C.2012) (<HOLDING>); see also, e.g., Bennett v. Islamic Republic Options: A. holding that both tria 201 and fsia 1610g require plaintiffs to prove some terrorist state ownership in order to attach and execute on property and finding that ownership interest through federal interstitial rule making B. holding despite contrary authority that husband debtor with a mere possessoiy interest was not entitled to claim a homestead exemption and stating it is a fundamental tenet of the law of exemptions that the debtor must have an ownership interest in the property before an exemption may be claimed a long line of illinois cases has required that a debtor have title or some ownership interest in property in order to claim a homestead exemption other courts deciding the issue under the federal exemption scheme have held that the key word is interest and that an interest in real property up to a specified amount implies a monetary interest more than just one spouses right to reside with the other C. holding that the term sold requires both a transfer of ownership to an unrelated party and consideration D. recognizing that partnership property is a type of ownership E. holding that term sold requires both a transfer of ownership to an unrelated party and consideration

assistant: The best answer is A. holding that both tria 201 and fsia 1610g require plaintiffs to prove some terrorist state ownership in order to attach and execute on property and finding that ownership interest through federal interstitial rule making
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company may maintain an insurance policy or policies against liability arising out of this Agreement or otherwise. To the extent that the Company maintains an insurance policy or policies providing liability insurance for directors, officers, employees, or agents or fiduciaries of the Company or of any other corporation, partnership, joint venture, trust, employee benefit plan or other enterprise that such person serves at the request of the Company, the Company shall obtain coverage for Indemnitee under such policy or policies in accordance with its or their terms to the maximum extent of the coverage available for any director, officer, employee, agent or fiduciary under such policy or policies. To the extent the Company maintains an insurance policy or policies and obtains coverage for Indemnitee in accordance with the immediately preceding sentence, in the event of a Change in Control, the Company shall make reasonable efforts to ensure that the entity surviving such Change in Control (the “ Surviving Entity ”) maintains such coverage for a period of six (6) years after such Change in Control. If, at the time of the receipt of a notice of a claim pursuant to the terms hereof, the Company or Surviving Entity has directors’ and officers’ liability insurance in effect, the Company or Surviving Entity shall give prompt notice of the commencement of such proceeding to the insurers in accordance with the procedures set forth in the respective policies. The Company or Surviving Entity shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such proceeding in accordance with the terms of such policies.

assistant: Insurances
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— (i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or (ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another. 18 U.S.C. § 924(e)(2)(B) (emphasis added). In determining whether the defendant’s convictions for possessing weapons while a prisoner are violent felonies under the ACCA, the court must conduct a “formal categorical approach, looking only to the statutory definitions of the prior offenses, and not to the particular facts underlying those convictions.” Taylor v. United States, 495 U.S. 575, 600, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990); United States v. Kaplansky, 42 F.3d 320, 322 (6th Cir.1994) (en banc) (<HOLDING>). Although neither the presentence report nor Options: A. holding that a court must only look to the statutory definition not the underlying circumstances of the crime to determine whether a given offense is by its nature a crime of violence for purposes of 18 usc 16 B. holding that courts should look to the statutory definition of the crime charged rather than the actual facts of the individuals prior conviction to determine whether the crime qualifies as a violent felony under the acca C. holding categorical approach to determine whether a prior conviction qualifies as a violent felony for acca purposes raises no sixth amendment issue D. holding that a court can look only to the statutory elements charging documents and jury instructions to determine whether an earlier conviction after trial qualified as a violent felony under the acca E. holding that in determining whether a prior conviction is a violent felony a court generally must look only to the fact of conviction and the statutory definition of the prior offense

assistant: The best answer is B. holding that courts should look to the statutory definition of the crime charged rather than the actual facts of the individuals prior conviction to determine whether the crime qualifies as a violent felony under the acca
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: filed in the wrong venue. The widely accepted practice in Florida courts, including the Florida Supreme Court, is that where venue is improper, the case should be transferred, not dismissed. See Bush v. State, 945 So.2d 1207, 1214 (Fla. 2006) (recognizing that rule 1.060(b) “gives a court authority to transfer a case when improper venue is sought; and transfer, rather than dismissal, is the preferred remedy in such a case.”); Fla. Gamco, Inc. v. Fontaine, 68 So.3d 923, 928 (Fla. 4th DCA 2011) (explaining “the court should, if possible, transfer the case to the correct venue ... rather than dismiss it.”); East Coast Karate Studios, Inc. v. Lifestyle Martial Arts, LLC, 65 So.3d 1127 (Fla. 4th DCA 2011) (reversing and remanding for transfer to the proper venue); Chase, 913 So.2d at 1176 (<HOLDING>); Carr v. Stetson, 741 So.2d 567, 569 (Fla. 4th Options: A. holding that the failure to condition a transfer on death or remarriage of the wife was a factor showing that the transfer was not in the nature of alimony B. holding that transfer to a district in which circuit law likely precluded standing was proper because the language of 1404a refers only to whether venue is proper and not a plaintiffs capacity to sue C. holding that the lower court was not required to hold a hearing on a motion to transfer D. holding that because the circuit court did not have subjectmatter jurisdiction over the unlawfuldetainer action the district courts unauthorized transfer of the action could not transfer jurisdiction over that action to the circuit court E. holding that transfer was proper remedy for improper venue even though the issue of transfer was not raised until the motion hearing in circuit court

assistant: The best answer is E. holding that transfer was proper remedy for improper venue even though the issue of transfer was not raised until the motion hearing in circuit court
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: 1403 (9th Cir. 1988); see also Clinton v. Acequia, Inc., 94 F.3d 568, 571 (9th Cir.1996) (stating that Ninth Circuit has consistently "found the artful pleading doctrine to support removal where a plaintiff flies his state law claims in state court in an attempt to circumvent the res judicata effect of a prior federal claim that has been reduced to judgment”). 36 . See e.g., Ultramar America Limited v. Dwelle, 900 F.2d 1412, 1415 (9th Cir.1990) (acknowledging that Sullivan recognized a new basis for invoking the artful pleading doctrine but noting that recharacterization of a state court claim under the res judicata branch of the doctrine may only occur when prior federal judgment resolved issues of federal not state law); Doe v. Allied-Signal, Inc., 985 F.2d 908, 912 (7th Cir. 1993) (<HOLDING>); Ethridge, 861 F.2d at 1403 (endorsing Options: A. recognizing this distinction B. recognizing distinction made by majority C. holding that the district courts finding of no discrimination was not clearly erroneous because the finding was supported by the record D. recognizing ultramar distinction but also finding that removal was improper because no res judicata was present E. recognizing the boggs distinction

assistant: The best answer is D. recognizing ultramar distinction but also finding that removal was improper because no res judicata was present
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Ohio, 392 U.S. 1, 24-25, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)). The Supreme Court, in Schmerber v. California, addressed this issue directly and found that the compelled administration of a blood test falls within the reach and protections of the Fourth Amendment. 384 U.S. 757, 767, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966). Any forced extraction of blood, therefore, invades one’s expectation of privacy in bodily integrity, and its reasonableness must be adjudged under a Fourth Amendment analysis. In addition, when blood is extracted and analyzed to reveal information derived from one’s DNA, a second intrusion into one’s expectation of privacy occurs. See Skinner, 489 U.S. at 616, 109 S.Ct. 1402; Ferguson v. City of Charleston, 532 U.S. 67, 76, 121 S.Ct. 1281, 149 L.Ed.2d 205 (2001) (<HOLDING>). In Skinner, the Supreme Court held that the Options: A. holding that a warrant to obtain a blood sample was valid despite a reference to a urine sample in the addendum to the affidavit because the minor inconsistency did not seriously undermine the information underlying the probable cause determination B. holding that a physician employed by the government who drew a blood sample from the defendant for medical not investigatory purposes did not conduct a search under the fourth amendment C. holding that a test of a urine sample implicates the fourth amendment D. recognizing problems with generalizing from an extremely limited sample when a broader sample can be readily obtained and when no showing of the representativeness of the sample is made E. holding blood sample does not constitute compelled testimony

assistant: The best answer is C. holding that a test of a urine sample implicates the fourth amendment