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: The Option and the obligation of the Company to sell and deliver shares hereunder shall be subject to all applicable federal and state laws, rules and regulations and to such approvals by any government or regulatory agency as may be required. If at any time the Administrator shall determine in its discretion that the listing, registration or qualification of the shares covered by the Option upon any national securities exchange or under any federal or state law, or the consent or approval of any governmental regulatory body, is necessary or desirable as a condition of, or in connection with, the sale or purchase of shares, no shares will be delivered to Optionee unless and until such listing, registration, qualification, consent or approval shall have been effected or obtained, or otherwise provided for, free of any conditions not acceptable to the Administrator. If shares are not required to be registered, but are exempt from registration, upon exercising all or any portion of the Option, Optionee shall represent that the shares being acquired are being acquired for investment only and not with a view to their sale or distribution thereof, and shall make such other representations as deemed appropriate by counsel to the Company. Stock certificates evidencing unregistered shares acquired upon exercise of the option shall be subject to stop transfer instructions by the Company to the transfer agent for the shares and shall bear any legend required by applicable state securities laws.

assistant: Compliance With 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: imputation Whether federal common law or state law applies to imputation of knowledge under 28 U.S.C. § 2514 is a question of first impression. In O’Melveny & Myers v. FDIC, 512 U.S. 79, 114 S.Ct. 2048, 129 L.Ed.2d 67 (1994), the Supreme Court held that state law governs issues of knowledge imputation when the FDIC sues as receiver of a corporation under causes of action created by state law. The Court reasoned (1) that FIRREA, which empowered the FDIC as receiver, did not preempt state imputation law and (2) that judicial creation of a special federal rule was not justified because there was no significant conflict between a federal policy or interest and the use of state law. See id. at 85-89, 114 S.Ct. 2048; cf. Atherton v. FDIC, 519 U.S. 213, 117 S.Ct. 666, 136 L.Ed.2d 656 (1997) (<HOLDING>). In this case, however, federal law may govern Options: A. holding that trademark infringement under michigan common law is governed by the likelihood of confusion standard B. holding that the admissibility of expert testimony was governed by state law C. holding a state workers compensation regime preempted by erisa to the extent state law applied to pension plans governed by federal law D. holding that state law not federal common law governed legal standard of care owed to federally chartered federally insured institutions E. holding that the plaintiffs state law claims are preempted by federal law

assistant: The best answer is D. holding that state law not federal common law governed legal standard of care owed to federally chartered federally insured institutions
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: An individual designated as eligible to participate in the Plan may do so each Plan Year by submitting a Participation Agreement to the Employer prior to the beginning of the Plan Year in accordance to the rules set forth in Section 3.2.

assistant: Participations
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: offenses” — not in the DUI context where the illegal activity is visible); State v. Prendergast, 103 Hawai'i 451, 83 P.3d 714, 724 (2004) (emphasizing the tip must be “firmly rooted in time and place and based on firsthand observations of criminal activity,” as well as the totality of circumstances and specific, articulable facts); Bloomingdale v. State, 842 A.2d 1212, 1213 (Del.2004) (upholding a stop when the officer did not observe any erratic driving but pulled over a driver based on an anonymous tipster who stated there was a possible drunken motorist “driving all over the roadway” between two streets; described the make, model, color, and license plate of the vehicle; and relayed the driver’s race and travel route); State v. Crawford, 275 Kan. 492, 67 P.3d 115, 119 (2003) (<HOLDING>); State v. Rutzinski, 241 Wis.2d 729, 623 Options: A. holding that an anonymous tip must have sufficient indicia of reliability to justify a stop and frisk B. holding that anonymous call that gave police no predictive information to corroborate tip lacked sufficient indicia of reliability to justify stop and frisk C. holding that an anonymous tip lacking indicia of reliability that an individual is carrying a gun is not enough to justify a terry stop D. holding an anonymous tip had the requisite indicia of reliability to justify a stop when the caller told the police of the alleged erratic driving automobile location and vehicle description E. holding an anonymous tip had the requisite indicia of reliability when the caller described his or her observations as reckless driving

assistant: The best answer is E. holding an anonymous tip had the requisite indicia of reliability when the caller described his or her observations as reckless driving
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 Lessee shall comply with all applicable Laws, regulations and standards of all jurisdictions applicable to each party’s performance under this Agreement (including, without limitation, consumer protection requirements, the U.S. Foreign Corrupt Practices Act and international anti-money laundering laws applicable to it) except where the failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. Each Lessee shall also comply with all applicable international export laws and sanctions regulations applicable to it with respect to the export of the Devices except where the failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

assistant: Compliance With 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: The obligations of the Receiving Party pursuant to the provisions of this Agreement shall not apply to any Confidential Information that – 8.4 is disclosed by the Receiving Party to satisfy an order of a court of competent jurisdiction or to comply with the provisions of any law or regulation in force from time to time; provided that in these circumstances, the Receiving Party shall advise the Disclosing Party to take whatever steps it deems necessary to protect its interests in this regard and provided further that the Receiving Party will disclose only that portion of the information which it is legally required to disclose and the Receiving Party will use its reasonable endeavours to protect the confidentiality of such information to the greatest extent possible in the circumstances;

assistant: Yes
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 a legitimate rather than in an illegitimate fashion.” Hayes v. Beresford, 184 Conn. 558, 567, 440 A.2d 224 (1981); see also Lavigne v. Lavigne, 3 Conn.App. 423, 488 A.2d 1290 (1985). Hawaii recognizes the theory of quasi-estoppel, which is “a species of equitable estoppel which has its basis in election, waiver, acquiescence, or even acceptance of benefits and which precludes a party from asserting to another’s disadvantage, a right inconsistent with a position previously taken by [the party].” Anderson v. Anderson, 59 Haw. 575, 589, 585 P.2d 938, 947 (1978) (internal quotation marks and citation omitted); see Aehegma v. Aehegma, 8 Haw.App. 215, 224, 797 P.2d 74, 80 (1990) (similarly defining quasi-estoppel); see also Hartmann v. Bertelmann, 39 Haw. 619, 626-31 (Haw.Terr.1952) (<HOLDING>). In the instant case, the family court held Options: A. holding that beneficiaries of testamentary trust were estopped from claiming damages to trust allegedly caused by trustees failure to sell certain real property within reasonable time as provided for by will of testator where beneficiaries had contributed to delay in sale of real property by their insistence that property be sold for price in excess of price recommended by trustee and prices offered by potential purchasers B. holding that plaintiffs may have a property interest in real property C. holding that a union health trust had standing to sue tobacco companies to recover medical expenses paid by the trust and allegedly caused by beneficiaries smoking D. holding that trust beneficiaries have no authority to maintain an action as third party beneficiaries of contracts between the trustee and agents of the trustee concerning the internal affairs of the trust E. holding that in contrast to foreclosure of a mortgage secured by personal property foreclosure of real property under a deed of trust need hot be at a commercially reasonable sale and the failure to conduct a commercially reasonable foreclosure sale of real property is not actionable

assistant: The best answer is A. holding that beneficiaries of testamentary trust were estopped from claiming damages to trust allegedly caused by trustees failure to sell certain real property within reasonable time as provided for by will of testator where beneficiaries had contributed to delay in sale of real property by their insistence that property be sold for price in excess of price recommended by trustee and prices offered by potential purchasers
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: suspicion existed to stop Robison’s motor vehicle. We disagree. The record is undisputed that Officer Branco never stopped Robison’s vehicle. See State v. Hulihee, 87 Hawai'i 487, 489-90, 960 P.2d 157, 159-60 (App.1998). Instead, Officer Branco approached and talked to Robison only after Robison had first parked and exited his vehicle, gone into a service station store to conduct some business at an ATM, and thereafter exited the store. Therefore, HRS § 286-259(e) is not applicable. B. There Were Specific and Articulable Facts to Warrant Robison’s Seizure. Robison was clearly “seized” in a constitutional sense when Officer Branco approached him for the express purpose of investigating a report of a hazardous driver. See State v. Kearns, 75 Haw. 558, 567, 867 P.2d 903, 907 (1994) (<HOLDING>). A warrant-less seizure of an individual may Options: A. holding that a police officer who approaches a parked car and questions its occupants has not shown sufficient authority to cause a reasonable person to believe that he or she is not free to leave B. holding that once the defendant has submitted to the control of the officer and the process of taking him or her to the police station has commenced his or her arrest is complete and he or she is in custody for the purposes of the escape statute C. holding that a person is seized for purposes of article i section 7 of the hawaii constitution when a police officer approaches that person for the express or implied purpose of investigating him or her for possible criminal violations and begins to ask for information D. holding that a person is seized when a reasonable person would have believed that he was not free to leave E. holding that attorneys claim for professional services against person sui juris or against property of such person must rest upon contract of employment express or implied made with person sought to be charged or with his agent

assistant: The best answer is C. holding that a person is seized for purposes of article i section 7 of the hawaii constitution when a police officer approaches that person for the express or implied purpose of investigating him or her for possible criminal violations and begins to ask for information
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 the Closing Date, Buyer shall, and shall cause the Company and the Operating Company to, consistent with its record keeping policies but not less than until the third anniversary of the Closing Date, retain all books, records, and other documents of the Company and the Operating Company relating to periods prior to the Closing and, except as prohibited by applicable Law, make the same available for inspection and copying by Seller (at Seller’s expense) during normal business hours, upon reasonable request, and upon reasonable notice; provided that Buyer shall, and shall cause the Company and the Operating Company to, make the same available for inspection and copying within two (2) Business Days following the date Seller’s request is received by Buyer. Buyer shall not, and shall cause the Company and the Operating Company not to, destroy or permit to be destroyed any such books, records, or documents after said anniversary of the Closing Date without first advising Seller in writing and giving Seller a reasonable opportunity to obtain possession thereof. After the Closing Date, Seller shall, and shall cause its applicable Affiliates to, consistent with its record keeping policies but not less than until the third anniversary of the Closing Date, retain all books, records, and other documents of the Company and the Operating Company, if any, relating to periods prior to the Closing which are not purchased by Buyer hereunder and, except as prohibited by applicable Law, make the same available for inspection and copying by Buyer (at Buyer’s expense) during normal business hours, upon reasonable request, and upon reasonable notice; provided that Seller shall make the same available for inspection and copying within two (2) Business Days following the date Buyer’s request is received by Seller. Seller shall not, and shall cause its applicable Affiliates not to, destroy or permit to be destroyed any such books, records, or documents after said anniversary of the Closing Date without first advising Buyer in writing and giving Buyer a reasonable opportunity to obtain possession thereof.

assistant: Records
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: compensation, job training, and other terms, conditions, and privileges of employment.” 42 U.S.C. § 12112(a). While the ADA protects “employees,” the Act does not protect independent contractors. Lerohl, 322 F.3d at 489. We have said “Congress adopted a circular definition of ‘employee’ — an employee is an ‘individual employed by an employer.’ ” Id. (citing 42 U.S.C. §§ 2000e(f), 12112(4)). In determining whether a person is an employee or an independent contractor, the Supreme Court instructs us to consider the following nonexhaustive list of factors from the Restatement (Second) of Agency § 220(2) (1958): In determining whether a hired party is an employee under the general common law of agency, we consider the hiring party’s right to control the manner and 270, 271 (5th Cir.1988) (<HOLDING>). Applying the relevant tests to these facts, Options: A. holding that surgeon with surgical privileges was not an employee of hospital and thus could not bring suit under either the age discrimination in employment act or title vii of the civil rights act of 1964 B. holding that title vii of the civil rights act of 1964 provides the exclusive remedy for claims of employment discrimination by federal agencies C. holding that physician with staff privileges is not an employee and thus cannot bring claim under title vii of 1964 civil rights act D. holding that physician was an independent contractor and thus could not sue hospital under title vii of the civil rights act of 1964 E. holding that anesthesiologist whose staff privileges were terminated was not a hospital employee and thus could not bring suit under either the age discrimination in employment act or title vii of the civil rights act of 1964

assistant: The best answer is C. holding that physician with staff privileges is not an employee and thus cannot bring claim under title vii of 1964 civil rights act
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 claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board of Directors of the Company and shall be in writing. Any denial by the Board of Directors of a claim for benefits under this Agreement shall be delivered to the Executive in writing and shall set forth the specific reasons for the denial and the specific provisions of this Agreement relied upon. The Board of Directors shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim. Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Salt Lake City, Utah, in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator’s award in any court having jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to affirmative acts performed, as is usually the case. However, by analogy and negative implication, Ms. Brush’s actions would be protected by absolute immunity. For example, Ms. Brush’s actions may be analogized to a prosecutor who would be protected by absolute immunity for initiation of a case against a defendant. Indeed, the majority claims that Ms. Brush should have done exactly that — initiated proceedings when Plaintiff surfaced. It follows that since Ms. Brush would have been entitled to absolute immunity had she initiated proceedings against Plaintiff and incorporated her into a case plan, Ms. Brush should be entitled to absolute immunity for her failure to do so. See Buckley, 509 U.S. at 272-73, 113 S.Ct. 2606; Ernst v. Child and Youth Servs., 108 F.3d 486, 495 (3d Cir.1997) (<HOLDING>). Likewise, any actions taken by Ms. Brush in Options: A. holding that social workers are entitled to absolute immunity in performing quasiprosecutorial functions connected with the initiation and pursuit of child dependency proceedings B. holding that a prosecutor is entitled to absolute immunity from a civil suit for damages under 1988 in initiating a prosecution and in presenting the states case including deciding which evidence to present C. holding that social workers are entitled to absolute immunity when prosecuting child delinquency petitions D. holding that child social workers are entitled to absolute immunity for their actions on behalf of the state in preparing for initiating and prosecuting dependency hearings as well as the formulation and presentation of recommendations to the court in the course of such proceedings E. holding that social services attorneys were entitled to absolute immunity for actions related to the prosecution of child neglect and delinquency proceedings

assistant: The best answer is D. holding that child social workers are entitled to absolute immunity for their actions on behalf of the state in preparing for initiating and prosecuting dependency hearings as well as the formulation and presentation of recommendations to the court in the course of such proceedings
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 Seller shall pay and discharge all material taxes, assessments, levies, liens and other charges imposed on it, on its income or profits or on any of its property prior to the date on which penalties attach thereto, except for any such taxes, assessments, levies, liens and other charges which (i) are being contested in good faith and by proper proceedings and against which adequate reserves have been provided in accordance with GAAP or (ii) are de minimis in amount.

assistant: Taxes
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: Section 4.20 of the Disclosure Schedule contains an accurate and complete description of all current policies of fire, general liability, theft, life, workers’ compensation, health, partners, and other forms of insurance owned or held by Seller relating to the Business or the Transferred Assets, specifying the insurer (including an indication of whether the coverage was on a claims made, occurrence or other basis) and amount (including a description of how deductibles and ceilings are calculated and operate and the portion of the coverage and the deductible that has been consumed) of coverage, type of insurance, policy number and any pending claims thereunder. All such policies are in full force and effect and all premiums with respect thereto are currently paid and none are due or delinquent, are sufficient for compliance with all requirements of law and of all agreements to which Seller is a party, are valid, outstanding and enforceable policies and will not in any way be adversely affected by, or terminate or lapse by reason of, the transactions contemplated by this Agreement. Seller has delivered to Buyer a complete and accurate list of all open, pending and outstanding claims history (and threats of claims) of Seller for bodily injury, workers’ compensation benefits, contractual liability, personal injury, property damage, loss, breach of contract or bad faith for the last three years, whether or not such claims are covered by insurance and whether or not Seller has received a reservation of rights by any insurers. Section 4.20 of the Disclosure Schedule set forth an accurate and complete list for the past three (3) years of all reservations of rights by insurers, deductibles, self-insured retentions, retrospective rating plans and dividend plans.

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: say that the right to such injunctive relief is clear. Nor would it be possible to tailor narrowly the injunction to remedy the harm shown when the identity of those affected is undetermined. III. Conclusion. For the aforesaid reasons, I deny the United States’ Motion for an Injunctive Order without prejudice to the right to file a renewed request for injunctive relief at the conclusion of the remedial phase of the case. Accordingly, IT IS ORDERED THAT the United States’ Motion for an Injunctive Order is DENIED WITHOUT PREJUDICE to the right to file a renewed request for injunctive relief at the conclusion of the remedial phase of Civil Action No. 96-K-370. 1 . As of this date, the issue is not fully briefed. 2 . See Holmes v. Continental Can Co., 706 F.2d 1144, 1157-58 (11th Cir.1983) (<HOLDING>); United States v. United States Steel Corp., Options: A. holding that there is no individual liability under title vii B. holding that relief granted under title vii is against the employer not individual employees whose actions constituted a violation of title vii emphasis in original C. holding that injunctive or declaratory relief results if liability is found following stage i of a bifurcated title vii class action suit D. holding that a prisoners transfer mooted claims for declaratory and injunctive relief E. holding that the eleventh amendment precludes an award of injunctive or declaratory relief that is not prospective in nature

assistant: The best answer is C. holding that injunctive or declaratory relief results if liability is found following stage i of a bifurcated title vii class action suit
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery, and performance by the Borrower of the Credit Documents to which it is a party and the consummation of the transactions contemplated hereby and thereby (a) are within the Borrower’s power and authority, and (b) have been duly authorized by all necessary corporate action.

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 case excerpt and choose the best holding from the options. Case excerpt: because there was no harm requiring compensation — the Receiver would have prepared for and attended the show cause hearing even if Solera had shown up. In fact, that hearing would have taken longer and would have cost more if Solera had shown up. Because that part of the sanction award was neither coercive nor compensatory, it was punitive in nature. See id. (“[T]he sanctions imposed by the district court were neither compensatory nor coercive in nature, but instead were designed to punish [the contemnor] for flouting the authority of the district court”). A “district court may not use the civil contempt power to impose what amounts to a punitive or criminal contempt sanction.” United States v. City of Miami, 195 F.3d 1292, 1298 (11th Cir.1999); see also DuPont, 99 F.3d at 369 (<HOLDING>). Because the district court imposed what Options: A. holding that the imposition of sanctions is reviewed for abuse of discretion B. holding that the district court committed reversible error by imposing criminal sanctions in a civil proceeding which did not afford the contemnor the procedural protections the constitution requires for the imposition of criminal contempt sanctions C. holding that trial court erred by imposing sanctions against attorney without notice and hearing but error was cured by attorneys subsequent challenge to sanctions D. holding that an individual charged with criminal contempt is entitled to the full procedural protections afforded the defendant in any other criminal proceeding E. holding that 25 surcharge added to fees that otherwise would be compensatory was a criminal contempt sanction even though it was payable to the adverse party and not to the court reversing order for sanctions because court did not follow procedural requirements for criminal contempt

assistant: The best answer is B. holding that the district court committed reversible error by imposing criminal sanctions in a civil proceeding which did not afford the contemnor the procedural protections the constitution requires for the imposition of criminal contempt sanctions
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 Loan Party is in compliance in all material respects with the requirements of all Laws and all orders, writs, injunctions and decrees applicable to it or to its properties, except in such instances in which (a) such requirement of Law or order, writ, injunction or decree is being contested in good faith by appropriate proceedings diligently conducted or (b) the failure to comply therewith, either individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect.

assistant: Compliance With 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: Other than consummating the transactions contemplated hereunder, such Purchaser has not, nor has any Person acting on behalf of or pursuant to any understanding with such Purchaser, directly or indirectly executed any purchases or sales, including Short Sales, of the securities of the Company during the period commencing as of the time that such Purchaser first received a term sheet or similar documentation (written or oral) from the Company or any other Person representing the Company setting forth the material terms of the transactions contemplated hereunder and ending immediately prior to the execution hereof. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Shares covered by this Agreement. Other than to other Persons party to this Agreement, such Purchaser has maintained the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction).

assistant: Confidentiality
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 146 are “alternative and mutually exclusive” (quoting Hemphill Co. v. Coe, 121 F.2d. 897, 898 (D.C.Cir. 1941))); Cleveland Trust Co. v. Berry, 99 F.2d 517, 521 (6th Cir.1938) (noting that an appellant “could not be deprived of its right to file a bill in equity except by its own election to appeal to the [appellate court]”); Jensen v. Lorenz, 92 F.2d 992, 994-95 (D.C.Cir.1937) (“It is evident that Congress intended to require an election by the party as between the two remedies offered to him ... and that when such election is made by the litigant it.is to be final.”); Bakelite Corp. v. Nat’l Aniline & Chem. Co., 83 F.2d 176, 177 (2d Cir.1936) (noting it “cannot be doubted” the statutes provide alternative remedies); Walther v. Vanderveer, 20 C.C.P.A. 922, 64 F.2d 540, 541 (1933) (<HOLDING>). Thus, an election of § 146 review would Options: A. holding that when the district court dismissed rather than transferred a case not within its jurisdiction and a party appealed that dismissal the circuit court could consider only the propriety of the dismissal on appeal and determining that the circuit court lacked jurisdiction on appeal to consider the merits of the action B. holding that the appellate court had jurisdiction to hear the interlocutory appeal on a restraining order and the district court retained jurisdiction to proceed with the trial C. holding that the case must be dismissed for lack of appellate jurisdiction where notice of appeal was untimely D. holding that because parties elected to bring the case to the appellate court in the first instance the appeal could not then be dismissed just to confer jurisdiction upon the district court to determine the issues E. holding that issues not raised before the district court cannot be asserted for the first time on appeal

assistant: The best answer is D. holding that because parties elected to bring the case to the appellate court in the first instance the appeal could not then be dismissed just to confer jurisdiction upon the district court to determine the issues
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: preempted and could not be removed from state court); Shafii 83 F.3d at 568-70 (similar). Second, Hernandez also alleges that Conriv promised that if he left the union, he “would continue to receive all of the benefits that he had been receiving as a union member,” and that Conriv breached the contract by “failing to pay [him] according to the agreement.” As with Hernandez’s other breach of contract claims, this is a state law breach of contract claim, indicating that it is not preempted and not removable. See Livadas, 512 U.S. at 123-24, 114 S.Ct. at 2078 (“it is the legal character of a claim, as independent of rights created under the collective-bargaining agreement, that decides whether a state cause of action may go forward”);' Caterpillar, 482 U.S. at 388-89, 107 S.Ct. at 2427-28 (<HOLDING>); Derrico v. Sheehan Emergency Hospital, 844 Options: A. holding that an employee may sue for breach of a collective bargaining agreement without the union B. holding that union members suit based on contract that was independent of a collective bargaining agreement was not preempted and not removable C. holding section 301 preempted plaintiffs claim for tortious interference with contract because that claim would require interpretation of a collective bargaining agreement D. holding union members state law claims for defamation against union preempted E. holding that union members had standing to bring rico claims for reduced compensation under collective bargaining agreement

assistant: The best answer is B. holding that union members suit based on contract that was independent of a collective bargaining agreement was not preempted and not removable
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: Since March31, 2016, the Company has filed all reports, schedules, forms, statements and other documents required to be filed by the Company under the Securities Act and the Exchange Act, including pursuant to Section 13(a) or 15(d) thereof (the foregoing materials, including the exhibits thereto and documents incorporated by reference therein, being collectively referred to herein as the “SEC Reports”) on a timely basis or has qualified for a valid extension of such time of filing and has filed any such SEC Reports prior to the expiration of any such extension. As of their respective dates, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Company is not currently, and has not been in the prior 12 months, an issuer subject to paragraph (i) of Rule 144. The Company expects to timely file its Annual Report on Form 10-K for the fiscal year ended March 31, 2018. The financial statements of the Company included in the SEC Reports comply in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“GAAP”), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments.

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 legal provision and list the applicable contract clause categories. Provision: Directly or indirectly, purchase, acquire or lease any property from, or sell, transfer or lease any property to, or otherwise enter into any transaction or deal with, any Affiliate, except for (i) transactions among Loan Parties which are not expressly prohibited by the terms of this Agreement and which are in the Ordinary Course of Business, (ii) payment by Loan Parties and Subsidiaries of dividends and distributions permitted under Section 7.7 hereof and investments permitted by clauses (g) or (h) of the definition of Permitted Investments, (iii) transactions disclosed to Administrative Agent in writing, which are in the Ordinary Course of Business, on an arm’s-length basis on terms and conditions no less favorable than terms and conditions which would have been obtainable from a Person other than an Affiliate, (iv) the annual rental payments (not to exceed $2,000,000 per year) to South Woodbury in respect of the Headquarters Lease, (v) Investments in Rock Solid Insurance permitted by clause (h) of the definition of Permitted Investments, (vi) payment of premiums to Rock Solid Insurance which are in the Ordinary Course of Business, on an arm’s-length basis, on terms and conditions no less favorable than terms and conditions which would have been obtainable from an insurance company that is not an Affiliate, (vii) salaries, expense reimbursement, severance and other compensation, the payment of which is not otherwise restricted under the Loan Documents, paid in the Ordinary Course of Business, consistent with past practice, (viii) stay bonuses and completion bonuses in relation to asset sales or other strategic initiatives determined and paid in accordance with the Loan Parties’ commercially reasonable business judgment and practices, (ix) the arrangements in existence as of the Restatement Effective Date that are set forth on Schedule 7.10 attached hereto, and any amendment, modification or extension thereof to the extent such amendment, modification or extension, taken as a whole, is not (A) materially adverse to Lenders or (B) more disadvantageous to the Lenders than the relevant transaction in existence on the Restatement Effective Date, and (x) guarantees expressly permitted by Section 7.3.

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: On the date hereof, Borrower shall pay interest on the outstanding principal balance of each Component from and including the Closing Date through and including May 7, 2014 (the “ Initial Interest Period ”). On June 1, 2014 and on each Monthly Payment Date thereafter, up to and including the Maturity Date, Borrower shall make a payment to Lender of interest equal to the Monthly Debt Service Payment Amount. Unless otherwise elected by Lender, provided no Event of Default then exists, the Monthly Debt Service Payment Amount shall be applied (A) first, to the payment of interest then due and payable on Component A, (B) second, to the payment of interest then due and payable on Component B, (C) Third, to the payment of interest then due and payable on Component C, (D) fourth, to the payment of interest then due and payable on Component D, (E) fifth, to the payment of interest then due and payable on Component E and (F) sixth, to the payment of interest then due and payable on Component F. Borrower shall also pay to Lender all amounts required in respect of Reserve Funds as set forth in Article 6 hereof.

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 case excerpt and choose the best holding from the options. Case excerpt: Amendment which declares that no person shall be compelled in any criminal case to be a witness against himself. Boyd v. United States, 116 U.S. 616, 634-35, 6 S. Ct. 524, 29 L. Ed. 746 (1886) (emphasis added). However, this seemingly broad holding has been limited over the years. United States v. Ward, 448 U.S. 242, 253, 100 S. Ct. 2636, 65 L. Ed. 2d 742 (1980). Under Boyd and its progeny, the “government may not abrogate the accused’s privilege against self-incrimination by electing the vehicle of a nominally civil proceeding, when in reality, punishment for activity which violates the criminal law is being imposed.” In re Daley, 549 F.2d 469, 475 (7th Cir. 1977). A civil action is sufficiently criminal in nature if “[i]ts object, like a criminal proce , 784-85, 946 P.2d 1196 (1997) (<HOLDING>). Thus, we must decide whether a disciplinary Options: A. holding that constitutional protections against double jeopardy apply to a defendant prosecuted as an habitual criminal B. holding that convictions for the crimes of conspiracy and continuing criminal enterprise violate double jeopardy C. holding that suspension of a drivers license for conduct already sanctioned in a criminal case did not violate defendants constitutional rights against double jeopardy because it served a remedial purpose beyond the criminal penalties D. holding that the suspension or revocation of a drivers license is not a sanction which once imposed precludes the application of criminal sanctions E. holding in materially identical circumstances that an administrative license suspension did not constitute punishment for double jeopardy purposes

assistant: The best answer is C. holding that suspension of a drivers license for conduct already sanctioned in a criminal case did not violate defendants constitutional rights against double jeopardy because it served a remedial purpose beyond the criminal penalties
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall together constitute one and the same instrument. The reproduction of signatures by means of fax, portable document format (.pdf) or other electronic means shall be treated as though such reproductions are executed originals.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything to the contrary contained in Section 8.24 of the Lease (and not in limitation of any of the provisions thereof), the parties acknowledge and agree that (A) either party shall have the right to make or provide a public statement, press release or other public disclosure (i) which, in the opinion or such party’s counsel, is legally required, or (ii) which is made pursuant to any federal, state, local or foreign laws, or any rules or regulations of the United States Securities and Exchange Commission (the “ SEC ”) (or a securities regulatory body in any foreign country) or the rules of any domestic or foreign public stock exchange or stock quotation system; provided that, prior to making such disclosure, the disclosing party shall notify the other party of such required public disclosure and use reasonable efforts to coordinate with the other party with respect to the nature and content of such disclosure, and (B) Sublandlord and Subtenant and/or any of their respective affiliates, shall have the right to disclose this Sublease and the terms hereof in a Form 8-K to be filed with the SEC.

assistant: Disclosures
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: for determining dischargeability has passed, and dismissal of the complaint would effectively be with prejudice, thereby precluding a determination of the complaint on the merits. 8. Defendant argues that discretionary relief should not be afforded because Plaintiff made no reasonable effort to serve the complaint within the 120 day time period. CONCLUSIONS OF LAW The Court will first address whether Federal Rule of Civil Procedure 4(m), made applicable by Federal Rule of Bankruptcy Procedure 7004(a), permits a court to extend the time for service of process, even in the absence of good cause. Rule 4(m) provides: if service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint, the court, upon motion or its own in (10th Cir.1995) (<HOLDING>). After examining the case law, the plain Options: A. holding lack of prejudice to the defendant is not good cause B. holding that a jury may draw an inference as to the cause of an illness despite the lack of unanimity among experts as to the cause C. holding that nothing in 1301f mandates that a plaintiff can only seek an extension for good cause before the 180 day deadline but can be sought at any time D. holding that a district court may not construe an untimely notice of appeal as a motion for extension of time E. holding that an extension of time in which to serve process may be granted despite the absence of good cause

assistant: The best answer is E. holding that an extension of time in which to serve process may be granted despite the absence of good cause