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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: practice. As noted above, Plaintiff has failed to indicate a specific facially neutral practice other than the use of manager discretion in compensation decisions. Further, Plaintiff has presented only company-wide statistics and does not tailor the data to control for factors such as skill level and experience. For Plaintiff to establish that the use of a practice as broad and amorphous as manager discretion causes a statistically significant disparity would require Plaintiff to eliminate the effect of variation in these factors, which she has failed to do in the statistics currently before the Court. Therefore, Defendants’ motion for summary judgment with respect to Plaintiffs disparate impact claim is GRANTED. Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1118 (11th Cir. 1993) (<HOLDING>). For the reasons stated above, Defendants’ Options: A. holding that evidence of an employers 100healed policy was relevant to the issue of perceived disability at the summary judgment stage B. holding that a party who fails to provide sufficient evidence at trial cannot object to the resulting determination on the basis of inadequate evidence C. holding that employer is entitled to summary judgment unless the plaintiff proffers sufficient evidence to create a genuine issue of material fact regarding whether each of the employers articulated reasons is pretextual D. holding that movant is entitled to summary judgment when party with burden of proof fails to establish genuine fact issue E. holding that employer is entitled to summary judgment where plaintiff fails to provide evidence necessary to prove at trial that there is disproportionate impact of employers policy on black employees

assistant: The best answer is E. holding that employer is entitled to summary judgment where plaintiff fails to provide evidence necessary to prove at trial that there is disproportionate impact of employers policy on black employees
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 themselves. Second, Scheetz was not the only witness to the incident. Jurors may hear from several witnesses who were also present for all or part of the incident, including some who were in a better position to view the events than Scheetz. Because Scheetz is but one of many individuals present at the revocation hearing, the likelihood that he could sway the jury by subtly imparting to them his firsthand knowledge of events is largely eliminated. Whatever remote possibilities of such conduct that remain can be curtailed through vigorous monitoring to ensure that Scheetz does not improperly imply that any witness’s version of events is inaccurate or otherwise provide impermissible unsworn testimony. See Fonten Corp. v. Ocean Spray Cranberries, Inc., 469 F.3d 18, 23 (1st Cir.2006) (<HOLDING>). Thus, I conclude that Judge Scoles’s decision Options: A. holding that trial counsel did not act unreasonably in failing to raise the issue of the defendants mental health at trial B. holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel C. holding that trial judge ably ensured that counsel did not cross any lines by warning counsel not to imply that any witnesss version of events was inaccurate and monitoring counsels actions at trial D. holding counsels failure to object to victim impact testimony and evidence was not ineffective assistance of counsel when the trial record was silent as to counsels strategy E. holding that counsel was not deficient in failing to call a witness where the defendant never provided the witnesss name to counsel and no evidence existed that counsel had any notice of the witnesss identity

assistant: The best answer is C. holding that trial judge ably ensured that counsel did not cross any lines by warning counsel not to imply that any witnesss version of events was inaccurate and monitoring counsels actions at trial
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and each of the other Loan Documents (i) has been duly and validly executed and delivered by each Loan Party that is a party thereto, and (ii) constitutes, or will constitute, legal, valid and binding obligations of each Loan Party that is a party thereto, enforceable against such Loan Party in accordance with its terms, except to the extent that enforceability of this Agreement or any other Loan Document may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforceability of creditors’ rights generally or limiting the right of specific performance or by general principles of equity.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in two or more counterparts, each of which shall constitute an original but all of which when taken together shall constitute but one contract, and shall become effective as provided in Section 10.03 of the Credit Agreement. Delivery of an executed counterpart of a signature page of this Amendment by facsimile, PDF or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Amendment.

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: The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that neither any Borrower nor any other Loan Party may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of subsection (b) of this Section, (ii) by way of participation in accordance with the provisions of subsection (d) of this Section, or (iii) by way of pledge or assignment of a security interest subject to the restrictions of subsection (f) of this Section (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in subsection (d) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

assistant: Successors
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: 189 Colo. 173, 538 P.2d 110 (1975), and White Cap Mining Co. v. Resurrection Mining Co., 115 Colo. 396, 174 P.2d 727 (1946), for the proposition that a party should not have to search property titles before resorting to service by publication is misplaced. Both cases involve a county treasurer's obligation to ascertain the current addresses of delinquent property taxpayers before issuing tax deeds. Under section 39-11-128, C.R.S$.2015, a county treasurer must make "diligent inquiry" into information available in county records. Neither Siddoway nor White Cap Mining Co. say that a treasurer has no duty to search county records; they merely state that a treasurer need not search beyond county records to ascertain taxpayers' addresses. See Siddoway, 189 Colo. at 176, 538 P.2d at 113 (<HOLDING>); White Cap Mining Co., 115 Colo. at 408, 174 Options: A. holding that this court need not address the merits of an argument raised for the first time on appeal B. holding appellate court need not address issues unnecessary to its decision C. holding that an administrator need not address each piece of evidence D. holding that a treasurer need not search miscellaneous personal correspondence after an address had been found in the countys records E. holding that where a party does not adequately brief an argument we need not address it on appeal

assistant: The best answer is D. holding that a treasurer need not search miscellaneous personal correspondence after an address had been found in the countys 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: at 5. Unlike the cases cited above, the cessation of the “collection process” here was not conditioned on the full payment of the debt, see Kramsky, 00-CIV-2936 at 5, and there was no demand for immediate payment that contradicted the validation notice. Savino, 164 F.3d at 84. The letter that Trans-Continental sent to plaintiffs contained the required validation notice, and it was not overshadowed by the other language in the notice. The validation notice was printed directly beneath the request for payment in full, in the same font size, and on the same page. Cf. Sokolski, 53 F.Supp.2d at 311 (noting that the validation notice was at the bottom of the page, in single spaced, significantly smaller typeface); Unger v. Nat’l Revenue Group Ltd., No. Civ. A. 99-3087, 2000 WL 1897346, *3 (<HOLDING>). The contested statement also did not indicate Options: A. holding the government was within its rights to garnish wages where there was a minimum monthly payment schedule and restitution was due in full immediately B. holding that the full payment rule literally requires full not partial payment and rejecting the argument that a partpayment remedy is necessary when a taxpayer is too poor to pay the full amount of the tax C. holding that the full payment rule is applicable to refund suits in the court of federal claims D. holding that the validation notice is overshadowed where a debt collector serves a consumer with process initiating a lawsuit during the validation period without clarifying that commencement of the lawsuit has no effect on the information conveyed in the validation notice E. holding that the validation notice was overshadowed by language that payment in full is due now that was in larger print

assistant: The best answer is E. holding that the validation notice was overshadowed by language that payment in full is due now that was in larger print
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 finding by an arbitrator or a court of competent jurisdiction of the unenforceability, invalidity or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid or illegal. Such arbitrator or court shall have the authority to modify or replace the invalid or unenforceable term or provision with a valid and enforceable term or provision which most accurately represents the parties’ intention with respect to the invalid or unenforceable term or provision. If moreover, any one or more of the provisions contained in this Agreement will for any reason be held to be excessively broad as to duration, geographic scope, activity or subject, it will be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it will then appear.

assistant: Severability
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: Act to encourage the direct Importation of Rum from the West-Indies, and such Wines as may lawfully be imported from the Places of their Growth, Product and Manufacture, into the Eastern Division of New Jersey,” (passed Dec. 2,1743), II Laws of the Royal Colony of New Jersey: 1703-1745 at 579 (providing for forfeiture of wine and rum imported without duty paid in “any Court of Record within this Colony”). Forfeiture actions under these laws, like those under the Navigation Acts, would have proceeded in the common-law courts. As the State concedes, such actions, if heard in the common-law courts, would have been tried to juries. D. While a colony, New Jersey enacted a series of forfeiture statutes to punish violations of fish and gaming statutes. See, e.g., “An Act for Preservi 1868) (<HOLDING>). Only one post-Revolution case cited by the Options: A. holding that prior distribution and possession convictions that were eight and ten years before the charged conduct occurred were not too remote B. holding that prior to 1776 convictions before mag istrates for petty criminal offenses and violations of police regulations were of frequent occurrence and were recognized as part of laws of england C. holding that convictions before magistrates for small criminal offenses were unknown at common law and therefore defendant had no right to jury trial D. holding that as to whether the defendants prior convictions were part of a single common scheme or plan so as to be related under ussg 4a12a2 defendant has the burden of establishing that those prior offenses were jointly planned or that the commission of one entailed the commission of the other E. holding that jury trial not required before imposition of penalty for selling intoxicating liquors contrary to city ordinance reasoning that prior to 1776 the legality of convictions before magistrates for petty offenses and for violations of police regulations without trial by jury was unquestioned

assistant: The best answer is B. holding that prior to 1776 convictions before mag istrates for petty criminal offenses and violations of police regulations were of frequent occurrence and were recognized as part of laws of england
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: decision was merely incorrect. See Price v. Vincent, 538 U.S. 634, 641, 123 S.Ct. 1848, 155 L.Ed.2d 877 (2003) (“[I]t is the habeas applicant’s burden to show that the state court applied that case to the facts of his case in an objectively unreasonable manner.”); Woodford, 537 U.S. at 25, 123 S.Ct. 357; Penny, 532 U.S. at 793, 121 S.Ct. 1910; Williams, 529 U.S. at 409-11, 120 S.Ct. 1495; Bell, 535 U.S. at 694, 122 S.Ct. 1843. Moreover, it is the ultimate decision or conclusion reached by the state court that is reviewed, and not the quality of the opinion. See Pondexter v. Dretke, 346 F.3d 142, 148 (5th Cir.2003) (question before federal habeas court is whether ultimate conclusion of state court was objectively reasonable); Neal v. Puckett, 286 F.3d 230, 246 (5th Cir.2002) (en banc) (<HOLDING>). The AEDPA imposes the burden of obtaining an Options: A. holding that an appellate court can review a district courts decision to remand when that decision rests upon a ground not authorized by statute B. holding that federal district courts lack jurisdiction to review a final state court decision in a particular case C. holding 2254d authorizes federal court to review state courts decision only and not explanation of decision D. holding that a party losing in state court may not seek what would amount to appellate review of that decision in federal court based on the claim that the decision violates the losers federal rights E. holding that the ninth circuits decision exceeded the limits imposed on federal habeas review by 28 usc 2254d

assistant: The best answer is C. holding 2254d authorizes federal court to review state courts decision only and not explanation of decision
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: From and after the Closing, as and when required by any Party, each Party will execute and deliver, or cause to be executed and delivered, all such documents and instruments and will take, or cause to be taken, at the requesting Party’s expense, all such further or other actions, as such other Party may reasonably deem necessary or desirable to consummate the Transactions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall duly execute and deliver, or cause to be duly executed and delivered, at its own cost and expense, such further instruments and documents and to take all such action, in each case as may be necessary or proper in the reasonable judgment of the Holder to carry out the provisions and purposes of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: manslaughter by act instruction, requiring the jury to find that defendant intended to kill the victim, erroneously explained Florida law, and constituted fundamental error in a first-degree murder prosecution where the defendant was convicted of second-degree murder). On February 14, 2013, before the initial brief was filed in Jones’ appeal, the Florida Supreme Court extended its holding in Montgomery to the attempted manslaughter instruction. See Williams v. State, 123 So.3d 23, 27 (Fla.2013). Notably, prior to the Supreme Court’s decision in Williams and, indeed, a year and a half prior to Jones’ trial, this Court determined that giving the standard jury instruction on attempted manslaughter by act was fundamental error. See Burton v. State, 125 So.3d 788, 789 (Fla. 5th DCA 2011) (<HOLDING>). Although Montgomery, Williams, and Burton Options: A. holding that the trial court committed fundamental error by giving the standard jury instruction for attempted manslaughter by act B. holding that the defendant who was charged with felony murder was not entitled to a lesser included instruction on manslaughter because manslaughter is neither a lesser included offense nor an inferior degree crime with respect to felony murder C. holding offense of attempted seconddegree murder exists where there is evidence defendant intended to kill D. holding no offense of attempted seconddegree murder where statute allows conviction without proof of intent to kill E. holding jury instruction on lesser included offense of attempted voluntary manslaughter by act which required finding of intent to kill constituted fundamental error and required reversal of defendants conviction for seconddegree murder

assistant: The best answer is E. holding jury instruction on lesser included offense of attempted voluntary manslaughter by act which required finding of intent to kill constituted fundamental error and required reversal of defendants conviction for seconddegree murder
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 Massachusetts has established policies of providing court-appointed counsel to indigent parents faced with termination of them parental rights and of giving those parents the right to effective assistance of counsel. See Department of Public Welfare v. J.K.B., 379 Mass. 1, 3-6, 393 N.E.2d 406 (1979); In re Stephen, 401 Mass. 144, 149, 514 N.E.2d 1087 (1987); Mass. Gen. Laws ch. 119, § 29. This court should not subvert that policy by using Andrews’s indigency and her use of the court-appointed counsel against her. Courts have found, in some situations, that violation of an affirmative duty to disclose information can relieve the plaintiff of the burden of proving reliance. See, e.g., Affiliated Ute Citizens v. United States, 406 U.S. 128, 153, 92 S.Ct. 1456, 31 L.Ed.2d 741 (1972) (<HOLDING>). The defendants, by affirmatively Options: A. holding that reliance on a material omission may be presumed in a rule 10b5 case B. recognizing defense in securities case C. recognizing a rebuttable presumption of reliance in rule 10b5 D. holding evidence of repayment was irrelevant in case involving title misrepresentations to obtain loans E. holding that in a case involving misrepresentations in violation of securities and exchange commission rule 10b5 under the circumstances of this case involving primarily a failure to disclose positive proof of reliance is not a prerequisite to recovery

assistant: The best answer is E. holding that in a case involving misrepresentations in violation of securities and exchange commission rule 10b5 under the circumstances of this case involving primarily a failure to disclose positive proof of reliance is not a prerequisite to recovery
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: went on to state: We do not want to pretend that the line between action and inaction, between inflicting and failing to prevent the infliction of harm, is clearer than it is. If the state puts a man in a position of danger from private persons and then fails to protect him, it will not be heard to say that its role was merely passive; it is as much an active tortfeasor as if it had thrown him into a snake pit. Id. at 618-619; see also Archie v. City of Racine, 847 F.2d 1211, 1221 (7th Cir.1988) (“When the state puts a person in danger, the Due Process Clause requires the state to protect him to the extent of ameliorating the incremental risk. When a state cuts off sources of private aid, it must provide replacement protection.”); White v. Rochford, 592 F.2d 381, 382 (7th Cir.1979) (<HOLDING>). Bowers, which hinted at the analysis that the Options: A. holding that police officers charge to protect the public differentiated them from the public B. holding that wisconsin violated equal protection rights of handicapped children by denying them an education at public expense C. holding a county police civil service board violated officers due process rights by failing to follow its own procedures in their termination proceedings D. holding inmates in segregation unit without charges being filed against them and without informing them of reasons for such confinement violated inmates due process rights E. holding that due process clause was violated where police officers abandoned children and left them in a healthendangering situation after having arrested their custodian and thereby deprived them of adult protection

assistant: The best answer is E. holding that due process clause was violated where police officers abandoned children and left them in a healthendangering situation after having arrested their custodian and thereby deprived them of adult protection
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: arises from the events of May 31, 2007. Jones alleges that he was served and ate part of a tamale pie without having been- notified of its pork contents. Nopp declares, however, that he did not order cooks to add pork to the tamale pie and that the tamale pie did not contain pork. Jones’s evidence is not sufficient to raise an issue of fact as to whether the tamale pie contained pork and or whether Nopp ordered cooks to add pork to the dish. The unsworn statements of the inmate cook who told Jones that Nopp had -directed the cook to mix pork in with the meat used in the tamale pie are hearsay, see Fed.R.Evid. 801(c), and cannot properly be considered in opposition to a summary judgment motion. See Fed.R.Civ.P. 56(c)(4); Block v. City of Los Angeles, 253 F.3d 410, 419 (9th Cir.2001) (<HOLDING>). Raymond Mayes, another inmate kitchen worker, Options: A. holding that hearsay in affidavit which would be inadmissible in evidence at trial could not be considered on motion for summary judgment B. holding that a court may not consider hearsay contained in an affidavit when ruling on a summary judgment motion C. holding that the affidavit in question did not satisfy the burden of the party moving for summary judgment where affiants eonclusory statement failed to indicate personal knowledge of the circumstances in question and personal knowledge could not be reasonably inferred from the contents of the affidavit D. holding that it was an abuse of discretion for the district court at the summary judgment stage to consider information from an affidavit based on inadmissible hearsay rather than the affiants personal knowledge E. holding that an affidavit consisting entirely of inadmissible hearsay is not sufficient to survive summary judgment

assistant: The best answer is D. holding that it was an abuse of discretion for the district court at the summary judgment stage to consider information from an affidavit based on inadmissible hearsay rather than the affiants personal knowledge
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: Sublandlord, for and in consideration of the payment of the rent and the performance of the covenants hereinafter mentioned, does hereby demise, lease and assign unto Subtenant the Subleased Premises, on the terms and conditions set forth herein, commencing as of the date that exclusive broom-clean possession of the Subleased Premises is delivered to Subtenant in the Delivery Condition, as such term is hereinafter defined (the “ Sublease Commencement Date ”) and ending at 11:59 p.m. on the last day of the calendar month in which the fifth (5th) anniversary of the Sublease Rent Commencement Date (as defined below) occurs (the “ Sublease Expiration Date ”). The time period between the Sublease Commencement Date and the Sublease Expiration Date is hereinafter referred to as the “ Sublease Term ”). Notwithstanding anything to the contrary contained herein, in no event shall the Sublease Term extend beyond the “Expiration of the Term” of the Master Lease.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If Executive's employment is terminated due to Executive's death, the Company will pay to Executive's estate Executive's (i) Base Salary through the date of termination to the extent not theretofore paid, any accrued vacation pay to the extent not theretofore paid and any reimbursement of business expenses as described in Section 3(b)(ii)(B) above (together, the " Accrued Obligations ") and (ii) the bonus described in Section 3(a)(ii) above for the calendar year in which such termination occurs if Executive would have otherwise been entitled to receive such bonus had his employment not been terminated (provided that if the date of such termination occurs prior to the last day of the calendar year in respect of which such bonus is awarded, then such bonus will be prorated upon the number of days elapsed prior to Executive's date of termination). Any such bonus amount payable under this Section 4(b) will be payable at such time as such amount would have been payable had Executive's employment not been terminated.

assistant: Death
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: 64 F.3d 110, 118-19 (3d Cir.1995) (affirming denial of § 2254 habeas relief from state court custodial sentence on revocation of probation, holding that petitioner failed to show prejudice from counsel's failure to advise of such potential collateral consequences before he entered guilty plea on original offense). See also district court decisions cited in note 10, infra. 12 . We note that at least two of our brethren in the district courts within the Third Circuit have followed the reasoning of the Eighth Circuit in Thomas, holding that alleged failure of defense counsel to advise of the significant possibility of career offender status would not meet the first prong deficiency standard under Strickland. See Nwachia v. United States, 891 F.Supp. 189, 196-99 (D.NJ.1995) (Barry, J.) (<HOLDING>) (relying on Thomas, 27 F.3d at 321 and also Options: A. holding that a prior conviction in a georgia state court was appropriately used to qualify the defendant as a career offender because he failed to prove he did not knowingly and voluntarily waive his right to counsel B. holding that the prejudice prong of strickland was not met in a claim of ineffective assistance of counsel for failing to object to the prosecutors misstatement of law where the trial court properly instructed the jury C. holding that a defendant whose sentence is based on his status as a career offender under 4b11 is not entitled to 3582c2 relief because amendments 706 and 713 do not lower the applicable guideline range for a career offender D. holding that reduced career offender status was nonetheless based the career offender guidelines E. holding in 2255 action that first prong of strickland was not met by claim that defense counsel erroneously estimated likely sentence and failed to inform defendant that he might be classified as career offender

assistant: The best answer is E. holding in 2255 action that first prong of strickland was not met by claim that defense counsel erroneously estimated likely sentence and failed to inform defendant that he might be classified as career offender
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: (“Due process requires that no one shall be personally bound until he has had his ‘day in court.’ ”). The 1992 statute, as applied in this case, provided State Farm no “fair opportunity” to be heard before it was called upon to divest itself of a significant property interest if it chose to preserve its long-recognized right of subrogation. Instead, the statute placed State Farm in the untenable position of being bound by law to the outcome of private settlement negotiations between the Hassens and UniSun that essentially determined its immediate liability for an award of damages, including noneconomic damages, even though it was not a party to the negotiations and had no available means to assert any legal defenses to the Hassens’ claim. Cf. Freidus v. Freidus, 89 So.2d 604 (Fla.1956) (<HOLDING>). The fact that the statute entitled State Farm Options: A. holding that it is not B. holding that foreign states are not persons entitled to rights under the due process clause C. holding that it may not D. holding that an arbitration agreement enforceable against party who signed the agreement even where the other party did not sign it because generally it is enough that the party against whom the contract is sought to be enforced signs it E. holding that a corporation is entitled to due process of law insofar as property rights are concerned so that a money judgment may not be entered against it where it was not a party to a cause and was not served with process even though the principal stockholder was a party to the cause

assistant: The best answer is E. holding that a corporation is entitled to due process of law insofar as property rights are concerned so that a money judgment may not be entered against it where it was not a party to a cause and was not served with process even though the principal stockholder was a party to the cause
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of any merger, reorganization, consolidation, recapitalization, dividend or distribution (whether in cash, shares or other property), stock split, reverse stock split, spin-off or similar transaction or other change in corporate structure affecting the Shares or the value thereof, such adjustments and other substitutions shall be made to the Plan and to Awards as the Committee, in its sole discretion, deems equitable or appropriate, including such adjustments in the aggregate number, class and kind of securities that may be delivered under the Plan and, in the aggregate or to any one Participant, in the number, class, kind and option or exercise price of securities subject to outstanding Awards granted under the Plan (including, if the Committee deems appropriate, the substitution of similar options to purchase the shares of, or other awards denominated in the shares of, another company) as the Committee may determine to be appropriate in its sole discretion; provided, however, that the number of Shares subject to any Award shall always be a whole number. Where an adjustment under this Section 12.2 is made to an Incentive Stock Option, the adjustment will be made in a manner which will not be considered a “modification” under the provisions of Sections 409A or 424(h)(3) of the Code.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: her. 37 . In a second note, the jury clarified that “[b]y ‘the act,’ we mean the beating of Ms. Dorothy Evans that resulted in her death.” 38 . Brief for Appellant Ewing at 19. 39 . Cox v. United States, 999 A.2d 63, 70 (D.C.2010) (internal quotation marks and citations omitted). 40 . See Thacker v. United States, 599 A.2d 52, 63 (D.C.1991). 41 . Dunn was sentenced to five years’ imprisonment on each arson count, to run concurrently with one another but consecutively to her sentences on the other counts of conviction. 42 . Sanchez-Rengifo v. United States, 815 A.2d 351, 355 (D.C.2002) (internal quotation marks omitted). 43 . Jenkins v. United States, 980 A.2d 421, 424 (D.C.2009) (internal quotation marks omitted). 44 . See, e.g., Gardner v. United States, 698 A.2d 990, 1003 (D.C.1997) (<HOLDING>). 45 . Pursuant to D.C.Code § 22-2104.01(b)(4) Options: A. holding a police officers illegal search of an envelope at defendants store and store clerks testimony as to defendants activities sufficiently attenuated to dissipate the connection between the two where a substantial period of time had elapsed between the two events and the clerks testimony was an act of her own free will B. holding that two separate incidents of rape were perpetrated against the same victim where an appreciable period of time elapsed between the incidents and intervening events occurred during the interim C. holding that the striking similarity between the acts alleged in the indictment and the prior incidents rendered incidents that occurred fifteen years prior to the acts alleged in the indictment relevant and admissible under rule 404b D. holding that specific incidents of a victims conduct are not admissible to show that the victim was the first aggxessor E. holding two instances of violating 148 were two offenses because thirty minutes elapsed between the two incidents and in the intervening space of time the defendant had completely calmed down and ceased his criminal activity

assistant: The best answer is B. holding that two separate incidents of rape were perpetrated against the same victim where an appreciable period of time elapsed between the incidents and intervening events occurred during the interim
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: Notices and all other communications contemplated by this Agreement shall be in writing and shall be deemed to have been duly given when personally delivered or when mailed by U.S. registered or certified mail, return receipt requested and postage prepaid. In the case of the Employee, mailed notices shall be addressed to him at the home address which he most recently communicated to the Corporation in writing. In the case of the Corporation, mailed notices shall be addressed to its corporate headquarters, and all notices shall be directed to the attention of its Secretary.

assistant: General
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: None of the Agreement, nor any Compound, any Original Drug Product or Additional Compound, or any rights to any Compound or Additional Compound, may be transferred or assigned by Vertex without the prior written consent of CFFT, except that, Vertex may transfer all of its rights in the Agreement and all Compounds, Original Drug Products, and Additional Compounds, but only if the transferee or assignee executes and delivers to CFFT an agreement to assume all of Vertex’s obligations under the Agreement. CFFT may transfer or assign its rights under the Agreement solely as provided in the Agreement. RP may not assign or transfer its rights under this Amendment No. 7.

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: The General Partner is hereby authorized to cause the Partnership to issue additional Partnership Interests, in the form of Partnership Units, for any Partnership purpose, at any time or from time to time, to the Partners (including the General Partner) or to other Persons, and to admit such Persons as Additional Limited Partners, for such consideration and on such terms and conditions as shall be established by the General Partner in its sole and absolute discretion, all without the approval of any Limited Partners. Without limiting the foregoing, the General Partner is expressly authorized to cause the Partnership to issue Partnership Units (i) upon the conversion, redemption or exchange of any Debt, Partnership Units or other securities issued by the Partnership, (ii) for less than fair market value, so long as the General Partner concludes in good faith that such issuance is in the best interests of the General Partner and the Partnership, and (iii) in connection with any merger of any other Person into the Partnership or any Subsidiary of the Partnership if the applicable merger agreement provides that Persons are to receive Partnership Units in exchange for their interests in the Person merging into the Partnership or any Subsidiary of the Partnership. Subject to Delaware law, any additional Partnership Interests may be issued in one or more classes, or one or more series of any of such classes, with such designations, preferences and relative, participating, optional or other special rights, powers and duties as shall be determined by the General Partner, in its sole and absolute discretion without the approval of any Limited Partner, and set forth in this Agreement or a written document thereafter attached to and made an exhibit to this Agreement (each, a “ Partnership Unit Designation ”). Without limiting the generality of the foregoing, the General Partner shall have authority to specify (a) the allocations of items of Partnership income, gain, loss, deduction and credit to each such class or series of Partnership Interests; (b) the right of each such class or series of Partnership Interests to share in Partnership distributions; (c) the rights of each such class or series of Partnership Interests upon dissolution and liquidation of the Partnership; (d) the voting rights, if any, of each such class or series of Partnership Interests; and (e) the conversion, redemption or exchange rights applicable to each such class or series of Partnership Interests. Upon the issuance of any additional Partnership Interest, the General Partner shall amend Exhibit A as appropriate to reflect such issuance.

assistant: General
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: possession, custody and control may be left with or surrendered to the heir or devisee presumptively entitled thereto.” As a result of the fact that Defendant Jimmie Locklear was in possession of the manufactured home both before and after his appointment as collector of Mertice Locklear’s estate in 2012 and the fact that, in the absence of a determination that the manufactured home needs to be sold in order to pay the debts of the estate, the property will pass to him under Mertice Locklear’s will, Defendants clearly have a sufficiently “strong connection” to the property to afford them standing to maintain their claims under the North Carolina Debt Collection Act. As a result, based upon our reading of the relevant statutory language and the logic of Redmond, 941 F. Supp. 2d at 698 (<HOLDING>), which we find to be persuasive, we hold that Options: A. holding that an entity engaged in collection activity on a defaulted debt acquired from another is a debt collector under the fdcpa even though it may actually be owed the debt B. holding that plaintiffs allegation that debt collectors attempted to collect on a debt to a condominium association notwithstanding their knowledge that plaintiff did not really owe that debt to the condominium was sufficient to state a claim under the fdutpa C. holding that the act extends to claims by individuals against whom a debt collector has made purposeful targeted and directed attempts to collect a debt alleged to be owed by the plaintiffs D. holding that the defendant debt collector was the equivalent of the party to whom the plaintiff had provided her cell phone number for purposes of the tcpa E. holding that effect of discharge of debt under bankruptcy code is the same as it was under the 1898 bankruptcy act it is not an extinguishment of the debt but only a bar to enforcement of the debt as a personal obligation of the debt or

assistant: The best answer is C. holding that the act extends to claims by individuals against whom a debt collector has made purposeful targeted and directed attempts to collect a debt alleged to be owed by the plaintiffs
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: Landlord and Tenant hereby warrant to each other that they have had no dealings with any real estate broker or agent in connection with the negotiation of this Lease, excepting only the real estate brokers or agents specified in Section 11 of the Summary (the " Brokers "), and that they know of no other real estate broker or agent who is entitled to a commission in connection with this Lease. Each party agrees to indemnify and defend the other party against and hold the other party harmless from any and all claims, demands, losses, liabilities, lawsuits, judgments, costs and expenses (including without limitation reasonable attorneys' fees) with respect to any leasing commission or equivalent compensation alleged to be owing on account of any dealings with any real estate broker or agent, other than the Brokers, occurring by, through, or under the indemnifying party.

assistant: Brokers
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: mental anguish does not constitute prejudice in this case. The original state-court petition put Defendant on notice that Plaintiff Reyna alleged mental anguish. Moreover, since a party may amend its complaint to add new claims or theories of liability, e.g., Bamm, Inc. v. GAF Corp., 651 F.2d 389, 391 (5th Cir.1981); Ward Electronics Serv., Inc. v. First Commercial Bank, 819 F.2d 496, 497 (4th Cir.1987), it seems incongruous to deny Plaintiff an opportunity to correct the defect in his complaint merely because it might entitle him to greater damages. See Yorden v. Fiaste, 374 F.Supp. 516, 521 (D.Del.1974) (stating that defendant is not prejudiced even though change of plaintiff would increase measure of damages); WXON-TV, Inc. v. AC. Nielsen Co., 742 F.Supp. 418, 420-21 (E.D.Mich.1990) (<HOLDING>). Indeed, Rule 15(a) also requires the Court to Options: A. holding that liquidated damages provision did not provide adequate remedy at law or prevent injunctive relief B. holding that language of contract did not limit plaintiffs recovery to liquidated damages C. holding that television stations failure to claim liquidated damages under its contract with television ratings service did not preclude it from later amending its complaint to claim such relief D. holding that 1 narrowly construed did not exclude employment contract of television news reporter E. holding that claim for damages based on repair estimate is not a liquidated damage

assistant: The best answer is C. holding that television stations failure to claim liquidated damages under its contract with television ratings service did not preclude it from later amending its complaint to claim such relief