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: This Agreement shall inure to the benefit of, and be binding upon the respective successors and assigns of the Parties. Neither PARKERVISION nor INVESTOR shall assign or delegate its rights or obligations under this Agreement or the other Funding Documents without the prior written consent of the other Party; provided , however, that, in connection with an eventual syndication by INVESTOR of its rights to potential proceeds from its portfolio of claims, including the Proceeds hereunder, INVESTOR may assign or transfer to a third party all or part of its interest in (i) the Proceeds under this Agreement, (ii) its share of any and all recoveries associated with the Scheduled Patents and / or Claims and / or Patent Assets and (iii) any other rights, licenses or obligations hereunder; provided, further however , that the third party assignee or transferee shall not be deemed a client of the Attorneys, shall not have any control over the Claims, shall not become a party to the Claims and shall not have any access to information in respect of the Claims that is privileged or otherwise judicially protected. Notwithstanding the above, INVESTOR may assign, in whole or in part and without the consent of PARKERVISION or any other Person, the rights, benefits and obligations of this Agreement to another pooled investment vehicle managed by Juridica Asset Management Limited, a Guernsey company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices or requests or consents provided for by, or permitted to be given pursuant to, this Agreement must be in writing and must be given by depositing same in the United States mail, addressed to the Person to be notified, postage-paid, and registered or certified with return receipt requested or by delivering such notice in person, by overnight delivery service or by facsimile or email to such Party. Notice given by personal delivery or mail shall be effective upon actual receipt. Notice given by facsimile or email shall be effective upon actual receipt if received during the recipient’s normal business hours or at the beginning of the recipient’s next Business Day after receipt if not received during the recipient’s normal business hours. All notices to be sent to a Party pursuant to this Agreement shall be sent to or made at the address set forth below or at such other address as such Party may stipulate to the other Parties in the manner provided in this Section 6.2 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: from summary judgment is de novo; such judgment is appropriate only when the record shows that ‘there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.’ ” In re Will of Jones, 362 N.C. 569, 573, 669 S.E.2d 572, 576 (2008) (quoting Forbis v. Neal, 361 N.C. 519, 523-24, 649 S.E.2d 382, 385 (2007)). B. Analysis 1. Lack of Consideration The essential elements of a valid, enforceable contract are offer, acceptance, and consideration. Copy Products, Inc. v. Randolph, 62 N.C. App. 553, 555, 303 S.E.2d 87, 88 (1983). When there is no genuine issue of material fact as to the lack of consideration, summary judgment is appropriate. See Penn Compression Moulding, Inc. v. Mar-Bal, Inc., 73 N.C. App. 291, 294, 326 S.E.2d 280, 283 (1985) (<HOLDING>). “A mere promise, without more, lacks a Options: A. holding trial court should have entered summary judgment for defendant where undisputed evidence established that no new consideration was exchanged for plaintiffs renewed promise to pay preexisting debt B. holding that district court should not have granted summary judgment solely on basis that motion for summary judgment was not opposed C. holding that district court should not have granted summary judgment solely on basis that a motion for summary judgment was not opposed D. holding that court should have ruled on certification even after granting summary judgment for the defendant E. holding that the trial court correctly entered summary judgment in favor of defendant and denied plaintiffs motion for summary judgment where plaintiff failed to establish by clear and convincing evidence that defendant breached its duty to act in good faith

assistant: The best answer is A. holding trial court should have entered summary judgment for defendant where undisputed evidence established that no new consideration was exchanged for plaintiffs renewed promise to pay preexisting debt
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Grantor hereby waives notice of the time and place of any public sale or the time after which any private sale or other disposition of all or any part of the Collateral may be made. To the extent such notice may not be waived under applicable law, any notice made shall be deemed reasonable if sent to the Grantors, addressed as set forth in Article IX, at least ten days prior to (i) the date of any such public sale or (ii) the time after which any such private sale or other disposition may be made. To the maximum extent permitted by applicable law, each Grantor waives all claims, damages, and demands against the Administrative Agent or any other Secured Party arising out of the repossession, retention or sale of the Collateral, except such as arise solely out of the gross negligence or willful misconduct of the Administrative Agent or such other Secured Party as finally determined by a court of competent jurisdiction. To the extent it may lawfully do so, each Grantor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Administrative Agent or any other Secured Party, any valuation, stay, appraisal, extension, moratorium, redemption or similar laws and any and all rights or defenses it may have as a surety now or hereafter existing which, but for this provision, might be applicable to the sale of any Collateral made under the judgment, order or decree of any court, or privately under the power of sale conferred by this Security Agreement, or otherwise. Except as otherwise specifically provided herein, each Grantor hereby waives presentment, demand, protest or any notice (to the maximum extent permitted by applicable law) of any kind in connection with this Security Agreement or any Collateral.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Guaranty, together with the other Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and thereof and supersedes all prior agreements, written or oral, on such subject matter. In the event of any conflict between the provisions of this Guaranty and those of any other Loan Document, the provisions of the Credit Agreement shall control; provided that the inclusion of supplemental rights or remedies in favor of the Administrative Agent or the other Secured Parties in any other Loan Document shall not be deemed a conflict with this Guaranty.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement shall terminate automatically, without any notice or other action by any Person, upon the first to occur of (a) the valid termination of the Merger Agreement in accordance with its terms, (b) the Effective Time, (c) the acceptance for payment by Purchaser of all of the Shares validly tendered pursuant to the Offer and not properly withdrawn, (d) upon mutual written consent of the parties to terminate this Agreement, and (e) the date of any modification, waiver or amendment of the Merger Agreement in a manner that reduces the amount or changes the form of consideration payable thereunder to such Stockholder (the date of termination with respect to any Stockholder being referred to herein as the “ Termination Date ”). Upon termination of this Agreement, no party shall have any further obligations or liabilities under this Agreement; provided, however, that (x) nothing set forth in this Section 5.2 shall relieve any party from liability for any willful breach of this Agreement prior to termination hereof, (y) the provisions of this Article V (excluding Section 5.14 ) shall survive any termination of this Agreement, and (z) the provisions of Section 4.5 shall survive any termination of the date hereof in the event the Offer has been consummated.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower agrees that with respect to any legal proceeding with respect to this Agreement or any claim or action hereunder or to enforce any judgment obtained against the Borrower or its assets brought by EDC, that it (a) irrevocably submits to the nonexclusive jurisdiction of the courts of the State of New York and the United States District Court located in the Borough of Manhattan in The City of New York, New York, and appellate courts from any thereof, and (b) irrevocably waives any objection which such party may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement brought in any such court, and irrevocably waive any claim that any such suit action or proceeding brought in any such court has been brought in an inconvenient forum. The Borrower agrees that a final judgment against it in any such legal proceeding will be conclusive and may be enforced in any other jurisdiction by suit on the judgment (a certified or exemplified copy of which judgment will be conclusive evidence of the fact and of the amount of the Borrower's Indebtedness) or by such other means provided by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any waiver by the Company or the Holder of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of the Company or the Holder to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by the Company or the Holder must be in writing.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: visits to Morales’s home, and Morales’s responses were always the same; Morales consistently stated that A. Walker had visited his house with D. Cantrell on five to six occasions, and that D. Cantrell would purchase a minimum of one pound of methamphetamine on each visit. Because the district court did not unreasonably restrict A. Walker’s ability to test Morales’s reliability through cross-examination, the question is whether the district court abused its discretion in determining that Morales’s testimony was sufficiently reliable to satisfy the due process concern that a defendant not “be sentenced on the basis of materially incorrect information.” See United States v. Petty, 982 F.2d 1365, 1369-70 (9th Cir.1993), amended by 992 F.2d 1015 (9th Cir.1993). Notwithst 9th Cir.1997) (<HOLDING>); Petty, 982 F.2d at 1369 (same). A. Walker’s Options: A. holding that an unverified tip from a known informant was sufficiently reliable to justify a terry stop and frisk B. holding that description was sufficiently detailed C. holding that upon remand if the trial court determined that the testimony in a newly discovered evidence claim was reliable the trial court must review that new evidence as well as brady claims that were previously rejected in a prior postconviction motion because the evidence was equally accessible to the defense and there was no reasonable probability that the result of the trial would have been different had the evidence been disclosed D. holding that evidence was sufficiently reliable because there was corroboration E. holding qualified immunity doctrine does not protect hearing officer where there was no reliable evidence whatsoever of the inmates guilt

assistant: The best answer is D. holding that evidence was sufficiently reliable because there was corroboration
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the trial court abused its discretion by admitting evidence concerning the faked left syndrome: III. Sudden Emergency Instruction The next issue is whether the trial court abused its discretion by instructing the jury regarding sudden emergency. First, we note that Indiana Appellate Rule 46(A)(8)(e) provides: “When error is predicated on the giving or refusing of any instruction, the instruction shall be set out verbatim in the argument section of the brief with the verbatim objections, if any, made thereto.” The Estate did not set out the instruction or its objections verbatim in the argument section of its appellants’ brief. Ordinarily, an appellant waives the issue by failing to comply with this appellate rule. See, e.g., Collins v. State, 509 N.E.2d 827, 831 (Ind.1987) (<HOLDING>). Waiver notwithstanding, we note that the Options: A. holding that the defendants failure to comply with ind evidence rule 412b precluded her from presenting evidence of the victims past sexual history and resulted in waiver of the issue on appeal B. holding that an issue is waived where the defendant failed to develop an argument in his appellate brief and cited no authority C. holding that the petitioners failure to address an issue in the argument portion of his opening brief waived the issue D. holding issues not raised in appellate brief are waived E. holding under the prior appellate rule that the defendant waived the issue by failure to comply with ind appellate rule 83a7 which required a verbatim copy of the refused instruction and the verbatim objections thereto if any in the argument section of the brief

assistant: The best answer is E. holding under the prior appellate rule that the defendant waived the issue by failure to comply with ind appellate rule 83a7 which required a verbatim copy of the refused instruction and the verbatim objections thereto if any in the argument section of the brief
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: ”). 1. Magnitude of the Fraud A number of decisions cite the magnitude of the fraud in weighing an alleged inference of scienter. See In re Sunterra Corp. Sec. Litig., 199 F.Supp.2d 1308, 1838 (M.D.Fla.2002) (citing Carley Capital Group v. Deloitte & Touche, L.L.P., 27 F.Supp.2d 1324 (N.D.Ga.1998), as stating that “a drastic overstatement” coupled with GAAP violations could be enough to raise the requisite strong inference against an auditor); In re Sunbeam Sec. Litig., 89 F.Supp.2d 1326, 1345 (S.D.Fla.1999) (citing the allegation that the “sheer magnitude of the restatements of Sunbeam’s financial statements suggests that Arthur Andersen should have known or was severely reckless not to know that its Unqualified Audit Opinion was misleading”); Carley Capital, 27 F.Supp.2d at 1339-40 (<HOLDING>); In re Sahlen & Assoc., Inc. Sec. Litig., 773 Options: A. holding that plaintiff must plead strong circumstantial evidence of conscious misbehavior B. holding that the scienter requirement was satisfied by identification of specific facts constituting strong circumstantial evidence of recklessness and allegations that defendants knew of or recklessly ignored a series of accounting improprieties C. holding that the totality and magnitude of that defendants accounting violations constituted strong circumstantial evidence of reckless or conscious behavior D. holding that admission of hearsay was harmless where strong circumstantial evidence established the same facts E. holding that motive is circumstantial evidence of intent

assistant: The best answer is C. holding that the totality and magnitude of that defendants accounting violations constituted strong circumstantial evidence of reckless or conscious behavior
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: outbreak of gout, a chronic condition from which he suffered, and that this was the cause both of the pain he was experiencing and his difficulty in putting weight on the leg. At most, prior to the day of his release, a reasonable jury could only find that defendants did not contact medical professionals to examine plaintiffs gout outbreak — a condition with which plaintiff, as a chronic gout sufferer, would probably have been more familiar than the jailers. The court has scoured the federal reporters and has found not a single case in which a gout outbreak, alone, was held to constitute a serious medical condition requiring jailers to afford a detainee immediate medical attention. Cf. Moore v. Bennette, 97 Fed.Appx. 405, 407 (4th Cir.2004), as modified by 517 F.3d 717 (4th Cir.2008) (<HOLDING>) (emphasis supplied); Kaminsky v. Rosenblum, Options: A. holding plaintiff had sufficiently stated such a claim of deliberate indifference to his medical needs with regard to his hepatitis c condition his pancreatic condition and the gout in his hand B. recognizing a state doctor may violate a detainees right to substantive due process by exhibiting deliberate indifference to his serious medical needs C. holding plaintiff stated claim in his individual capacity D. holding that deliberate indifference to prisoners medical needs is cruel and unusual punishment E. holding that a sentence of incarceration would constitute deliberate indifference to defendants medical needs

assistant: The best answer is A. holding plaintiff had sufficiently stated such a claim of deliberate indifference to his medical needs with regard to his hepatitis c condition his pancreatic condition and the gout in his hand
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: Seller is duly formed, validly existing and in good standing under the laws and regulations of the state of Seller’s formation and is duly licensed, qualified, and in good standing in every state where such licensing or qualification is necessary for the transaction of Seller’s business except where the failure to satisfy any of the foregoing would not be reasonably likely to have a Material Adverse Change. Seller has the power to own and hold the assets it purports to own and hold, and to carry on its business as now being conducted and proposed to be conducted, and has the power to execute, deliver, and perform its obligations under this Agreement and the other Transaction Documents.

assistant: Organizations
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: Leak should not have been admitted, because, they say, 1) its prejudicial effect outweighed its probative value and 2) it was inadmissible under the general exclusionary rule. However, Tinsley and Tuscaloosa County did not object before the trial court based on these grounds. Because Tinsley and Tuscaloosa County failed to state these grounds for their objection, the alleged error was not preserved for appeal. Rule 103, Ala. R. Evid. The trial record shows that Tinsley and Tuscaloosa County based their objection to the testimony on a relevancy argument. They do not argue on appeal that the trial court erred in ruling that the evidence was relevant. Therefore, they have not presented any basis for appellate review on this issue. See Landreth v. State, 600 So.2d 440 (Ala.Crim.App.1992) (<HOLDING>). The judgment of the trial court is affirmed. Options: A. holding that summary judgment must be affirmed where multiple grounds are asserted and the appellant does not attack all grounds on appeal B. holding that issues raised for the first time on appeal will not be considered C. holding that the statement of specific grounds in a motion for a new trial waives all other grounds not specified D. holding that where specific grounds for an objection are stated at trial all other grounds are waived and will not be considered for the first time on appeal E. holding that a claim not raised before the trial court will not be considered for the first time on appeal

assistant: The best answer is D. holding that where specific grounds for an objection are stated at trial all other grounds are waived and will not be considered for the first time on appeal
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: After giving effect to Section 2.2 of this Amendment, the representations and warranties of each Loan Party contained in the Credit Agreement are true and correct in all material respects (without duplication of any materiality qualifier contained therein) on and as of the date hereof as though made on and as of the date hereof, except to the extent that such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall be true and correct in all material respects (without duplication of any materiality qualifier contained therein) as of such earlier date.

assistant: Representations
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: Davis, 371 U.S. 178,182, 83 S.Ct. 227, 230, 9 L.Ed.2d 222 (1962). Therefore, in the absence of any “justifying reasons”, it was error for the district court to deny the facially valid motion to amend. Normally, we would remand this case to the dist the phone call Wade made to the police and on a report about the incident that Wade filed with his supervisor. Texas law defines libel as “a written or printed defamation which tends to injure the reputation of a living person and thus expose him to public hatred, contempt, ridicule, or financial injury, or impeach his honesty, integrity, virtue or reputation.” Sellards v. Express-News Corp., 702 S.W.2d 677, 679 (Tex.Ct.App.1985). Slander is a defamatory statement orally communicated or published to a third person without legal e App.1977) (<HOLDING>). In order to overcome the defense of privilege Options: A. holding that communications to the police are conditionally privileged B. holding that accountants worksheets did not contain privileged communications C. holding that if counsel retained by an insurer acts as an investigator and not as an attorney then the communications between the insured and insurer are not privileged D. holding that authorization cards are privileged from disclosure to employer E. holding that trial court properly refused to permit disclosure of privileged communications in part because use of the privileged information was not essential to the defense

assistant: The best answer is A. holding that communications to the police are conditionally privileged
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the district judge grant the prison officers’ motion for judgment on the pleadings with respect to paragraphs one through four of Count III; this the district court did by minute order dated August 3, 1999. However, the district court never acted on the recommendation that it construe the screening order as another report and recommendation, nor did it ever enter an order dismissing any counts of the complaint, which it was required to do since the magistrate judge lacks power to enter a dispositive order. See 28 U.S.C. § 636. This would ordinarily mean that there is not a final judgment for us to review since there are still claims pending before the district court, and thus, that we would lack appellate jurisdiction. See Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir.1981) (<HOLDING>). In this case, however, it is clear from the Options: A. recognizing the general rule that once all claims against all parties have been dismissed a prior order will become final for purposes of appeal under 28 usc 1291 B. holding that summary judgment order that does not dispose of all claims between parties does not confer appellate jurisdiction because it is not a final decision under 28 usc 1291 C. holding summary judgment order was not a final judgment because it did not dispose of the defendants claim for attorneys fees D. holding that order denying motion to dismiss a bankruptcy petition is final under 28 usc 1291 E. holding that an order is not a final appealable order when it does not dispose of the complaints against all of the defendants

assistant: The best answer is B. holding that summary judgment order that does not dispose of all claims between parties does not confer appellate jurisdiction because it is not a final decision under 28 usc 1291
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: (a) Each borrowing by the Borrower from the Lenders hereunder, each payment by the Borrower on account of any commitment fee and any reduction of the Commitments of the Lenders shall be made pro rata according to the respective Tranche A Term Loan Percentages, Incremental Term Loan Percentages or Revolving Credit Percentages, as the case may be, of the relevant Lenders.

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: This Incremental Amendment, together with the Credit Agreement and the other Loan Documents, integrates all the terms and conditions mentioned herein or incidental hereto and supersedes all oral representations and negotiations and prior writings with respect to the subject matter hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Int'l, Inc. v. Sage Apartments, L.L.C., 167 S.W.3d 432, 438 (Tex.App.-San Antonio 2005, no pet.) (party filed notice of non-suit while stay imposed by appellate court was pending); In re Martinez, 77 S.W.3d 462, 464 (Tex.App.Corpus Christi 2002, orig. proceeding) (same); In re Consol. Freightways, 75 S.W.3d 147, 149 (Tex.App.-San Antonio 2002, orig. proceeding) (party filed motion to enforce agreement during pendency of stay automatically imposed by insurance code due to other party’s insurer being declared “impaired”); Paine v. Sealey, 956 S.W.2d 803, 806 (Tex.App.-Houston [14th Dist.] 1997, no pet.) (party served requests for admissions while automatic bankruptcy stay was in effect); Burrhus v. M & S Mach. & Supply Co., Inc., 897 S.W.2d 871, 873 (Tex.App.-San Antonio 1995, no pet.) (<HOLDING>); see also Harrell v. NationsBank of Tex., No. Options: A. holding that appellate deadlines are stayed during pendency of automatic stay imposed by insurance code B. holding judgment in violation of automatic stay void C. holding that the plaintiff had standing even though automatic stay had terminated and his claims for declaratory and injunctive relief were moot because he also sought actual damages for violation of the automatic stay D. holding that although the automatic stay only applies to proceedings against the debtor counterclaims seeking affirmative relief against a debtor implicate the automatic stay E. holding that the automatic stay did not bar the filing of a proof of claim where the debtor actively litigated a separate action during the pending bankruptcy proceeding because to permit the automatic stay provision to be used as a trump card played after an unfavorable result was reached would be inconsistent with the underlying purpose of the automatic stay

assistant: The best answer is A. holding that appellate deadlines are stayed during pendency of automatic stay imposed by insurance code
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 administrative agency determinations has the support of a special constitutional provision.” In re Senior Appeals Exam’rs, 60 N.J. 356, 363, 290 A.2d 129 (1972). Pursuant to this constitutional grant, the Supreme Court adopted Rule 2:2-3(a)(2), which “contemplated that ‘every proceeding to review the action or inaction of a state administrative agency would be by appeal to the Appellate Division.’ ” Pascucci, supra, 71 N.J. at 52, 362 A.2d 566 (quoting Cent. R.R. Co. of N.J. v. Neeld, 26 N.J. 172, 185, 139 A.2d 110, cert. den., 357 U.S. 928, 78 S.Ct. 1373, 2 L.Ed.2d 1371 (1958)). Thus, the rule mandates the exclusive allocation to the Appellate Division of review of both “ ); Lacey Mun. Utils. Auth. v. N.J. Dep’t of Envtl. Prot., 369 N.J.Super. 261, 273, 848 A.2d 843 (App.Div.2004) (<HOLDING>); Bullet Hole, Inc. v. Dunbar, 335 N.J.Super. Options: A. holding that the attorney generals decision not to provide representation to an employee is reviewable by the appellate division not by the law division where the actions against the employee are pending B. holding that a determination of a new jersey spill compensation fund arbitrator is reviewable by the appellate division C. holding that a report of findings by the new jersey division of civil rights did not qualify for any hearsay exception in a discrimination case brought under the lad D. holding that the new jersey sports and exposition authority constituted as a body corporate and politic within the department of community affairs njsa 5104a is a state agency whose decisions are initially reviewable in the appellate division E. recognizing israel had no interest in denying its citizens the substantive advantages of new jersey defamation law in new jersey residents claims for defamation published in new jersey

assistant: The best answer is B. holding that a determination of a new jersey spill compensation fund arbitrator is reviewable by the appellate division
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: Notwithstanding any other provision of this Agreement, any severance or termination payments or benefits described are conditioned on Executive’s execution and delivery to the Employer of an effective general release and non-disparagement agreement in a form prescribed by the Employer substantially in conformity with such agreement attached hereto as Annex A and in a manner consistent with the requirements of the Older Workers Benefit Protection Act and any applicable state law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise described in the Prospectus, each of the Company and its subsidiaries are insured by insurers of recognized financial responsibility with policies in such amounts and with such deductibles and covering such risks as the Company reasonably considers to be in accordance with customary industry practices for the business in which it is engaged and for companies of comparable size, market capitalization and stages of business and clinical development. The Company has no reason to believe that it or any subsidiary will not be able (i) to renew its existing insurance coverage as and when such policies expire or (ii) to obtain comparable coverage from similar insurers as may be necessary or appropriate to conduct its business as now conducted and at a cost that would not result in a Material Adverse Change.

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: under the substantial evidence standard, under which the record must not only support, but compel, the conclusion that the finding was in error. Lolong v. Gonzales, 484 F.3d 1173, 1178 (9th Cir.2007). 1. The BIA determined Petitioner was inadmissible under 8 U.S.C. § 1182(a)(6)(E) and rejected Petitioner’s plea of necessity, pointing out that Petitioner had offered no legal authority to support her contention that necessity is available as a defense to inadmissibility based on admitted alien smuggling. We agree with this assessment. In any event, Petitioner has waived review of the BIA’s determination that she was inadmissible under 8 U.S.C. § 1182(a)(6)(E) because Petitioner’s brief provided no argument to the contrary. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.1996) (<HOLDING>). 2. This court need not consider the Options: A. holding that issues raised but not supported by argument are deemed abandoned B. holding an issue is deemed abandoned and will not be considered on appeal if the argument is raised in a brief but not supported by authority C. holding that issues not raised in the initial brief on appeal are deemed abandoned D. holding that issues not raised in an initial brief on appeal are deemed abandoned E. holding that issues not raised in an appellants initial brief are deemed abandoned

assistant: The best answer is A. holding that issues raised but not supported by argument are deemed abandoned
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: investigated all of the incidents that plaintiff had complained off she did not know what exactly Mr. Ross had said. Thus, there being no proper explanation as to plaintiffs contradictory version as to this fact the court need not make unreasonable inferences in her favor. See Meuser v. Federal Express Corp., 564 F.3d at 515. Furthermore, the court can not, as plaintiff suggests, infer that Mr. Ross did in fact make the alleged discriminatory comments to her in the presence of Mrs. Ferguson and that no remedial action was taken because according to her Mr. Ross used to make racial slurs which TSI knew about, but never did anything about. The court cannot draw any reasonable inferences from such an assertion. See Caban Hernández v. Philip Morris USA Inc., 486 F.3d 1, 8 (1st Cir.2007) (<HOLDING>) Having said that, there is also nothing that Options: A. holding that a court does not have to draw unreasonable inferences or credit bald assertions empty conclusions rank conjecture or vitriolic invective B. holding court obligated to draw all reasonable inferences in plaintiffs favor C. holding that courts are obligated to draw all reasonable inferences in plaintiffs favor D. recognizing that police officers can draw inferences from prior experience E. holding that reasonable inferences cannot be drawn from conjecture or speculative evidence

assistant: The best answer is A. holding that a court does not have to draw unreasonable inferences or credit bald assertions empty conclusions rank conjecture or vitriolic invective
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 Buyer has the requisite power and authority to execute and deliver this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby. The execution, delivery and performance by the Buyer of this Agreement, and the consummation of the transactions contemplated hereby, have been duly authorized by all necessary action, and no other action on the part of the Buyer is necessary to authorize this Agreement or to consummate the transactions contemplated hereby (other than compliance with the filing and notice requirements set forth in Section 5.3(b)(i)). This Agreement has been duly executed and delivered by the Buyer and, assuming the due authorization, execution and delivery by each of the other parties hereto, constitutes a legal, valid and binding obligation of the Buyer enforceable against the Buyer in accordance with its terms, except as limited by (a) bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or other similar Laws relating to creditors’ rights generally and (b) general principles of equity, whether such enforceability is considered in a proceeding in equity or at Law.

assistant: Authorizations
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 that the Borrower for any reason fails to pay any amount required under Section 5.11 or Section 11.2 of this Agreement to be paid by it to the Administrative Agent (or any sub-agent thereof), the Issuing Bank or any Related Party of any of the foregoing, each Lender severally agrees to pay to the Administrative Agent (or any such sub-agent), the Issuing Bank or such Related Party, as the case may be, such Lender’s pro rata share (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount, provided that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against the Administrative Agent (or any such sub-agent) or the Issuing Bank in its capacity as such, or against any Related Party of any of the foregoing acting for the Administrative Agent (or any such sub-agent) or Issuing Bank in connection with such capacity. The obligations of the Lenders under this Section are subject to the provisions of Section 11.18 .

assistant: Indemnifications
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: when permitted by law , snap group limited , snap inc. , and our affiliates , directors , officers , stockholders , employees , licensors , and agents , will not be liable for any indirect , incidental , special , consequential , punitive , or multiple damages , or any loss of profits or revenues , whether incurred directly or indirectly , or any loss of data , use , goodwill , or other intangible losses , resulting from : ( a ) your use of the services or inability to use the services ; ( b ) your access to or inability to access the services ; ( c ) the conduct or content of other users or third parties on or through the services ; or ( d ) unauthorized access , use , or alteration of your content , even if snap group limited has been advised of the possibility of such damages .

assistant: Limitation of liability
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: had been filed and that there did not appear to be any genuine issue of material fact in need of determination. The Morronis argue, and we agree, that the trial court erred in granting summary judgment. Household’s complaint filed in June 2001 alleged that the Morronis failed to make payments on their mortgage from March 2001 onward. The twenty-eight affirmative defenses alleged, among other things, that the Morronis made advance payments towards the mortgage for the months of March, April, May, June, July, and August of 2001. Household never factually refuted the affirmative defenses or established that they were legally insufficient. Therefore, Household did not establish its entitlement to summary judgment. See Jones v. City of Winter Haven, 870 So.2d 52 (Fla. 2d DCA 2003) (<HOLDING>); Manassas Inves., Inc. v. O’Hanrahan, 817 Options: A. recognizing that summary judgment on any and all aspects of a partys claim including damages is proper if there are no genuine issues of material fact B. holding that in order for the movant to prevail on a summary judgment motion movant must either factually refute the affirmative defenses or establish that they are legally insufficient C. holding that when there are no genuine issues of material fact summary judgment is appropriate D. holding that the party seeking summary judgment must not only establish that no genuine issues of material fact exist as to the partys claims but must also either factually refute the affirmative defenses or establish that they are legally insufficient E. holding that a probable cause determination is appropriate for summary judgment where there are no genuine issues of material fact and no credibility issues

assistant: The best answer is D. holding that the party seeking summary judgment must not only establish that no genuine issues of material fact exist as to the partys claims but must also either factually refute the affirmative defenses or establish that they are legally insufficient
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: turn to Count VII, where Hawk seeks to hold the City liable under § 1983 ratification theory. To do so, Hawk must show a “persistent failure to take disciplinary action against officers” who use excessive force, which “can give rise to the inference that a municipality has ratified conduct, thereby establishing a ‘custom’ within the meaning of Monell [v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978) ].” Fundiller v. City of Cooper City, 111 F.2d 1436, 1443 (11th Cir.1985). The problem with Hawk’s argument, as noted above, is that he cannot point to a widespread practice of excessive force to begin with. Without that, his contention that the City deliberately ignored an unconstitutional custom or policy has been cut off at the knees. See ir.2000) (<HOLDING>); Jones v. City of Dothan, 121 F.3d 1456, 1458 Options: A. holding force to be an element of pre1994 amendment 111 which may be satisfied by proof of force or threat of force B. holding that where an officer threw an arrestee against a van kneed him in the back pushed his head into the side of a van and searched his groin area in an uncomfortable manner such force was de minimis force C. holding that the protective sweep of a van was lawful where officers stopped the van on reasonable suspicion that the driver had just committed an armed bank robbery and officers could not see inside the van to determine whether other occupants posed a danger to them D. holding circumstances supporting reasonable suspicion for an investigatory stop of occupants of a van included that the van was located near the vicinity where officers had reports earlier that evening of breakins involving a van E. holding that state trooper used excessive force under section 1983 in making arrest where trooper vented anger by striking arrestee on head arms and ribs and by kicking arrestee in groin while he was lying on his stomach

assistant: The best answer is B. holding that where an officer threw an arrestee against a van kneed him in the back pushed his head into the side of a van and searched his groin area in an uncomfortable manner such force was de minimis force