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: 565 F.2d at 621; Columbus and G. Ry., 153 F.2d at 196. 19 .See, e.g., Atlantic Coast Line, 275 U.S. at 257, 48 S.Ct. at 107; Merchants Fast Motor Lines v. ICC, 5 F.3d 911 (5th Cir.1993); Roberts, 921 F.2d at 804; California Trucking, 900 F.2d at 208; Middlewest, 867 F.2d at 458; Texas v. United States, 866 F.2d at 1546; Swift Textiles, 799 F.2d at 697; Baird v. Wagoner Transp. Co., 425 F.2d 407 (6th Cir. 1970); Galbreath v. Gulf Oil, 413 F.2d 941 (5th Cir. 1969); Long Beach Banana Distributors v. Atchison, Topeka & Santa Fe Railway Co., 407 F.2d 1173 (9th Cir.1969); Shew v. Southland Corp., 370 F.2d 376 (5th Cir. 1966); Johnsen, 889 P.2d at 853. 20 . For example, in Gulf, Colorado & Santa Fe Railway Co. v. Texas, 204 U.S. 403, 27 S.Ct. 360, 51 L.Ed. 540 (1907), the Supreme Cour .1948) (<HOLDING>); Georgia Textile, 556 S.E.2d at 850 ("Delivery Options: A. holding shipments from a distribution point supplied by outofstate shipments made pursuant to preexisting orders were interstate in character B. holding that the halt of shipments of unprocessed milk without processing or commingling did not remove the interstate character of the shipments C. holding that the time appliances were at a distribution center within the state did not break the continuity of interstate movement the subsequent delivery from the distribution center was the last phase in the interstate shipment D. holding that warehouse distributions to companyowned stores constituted interstate commerce since inter alia the company knew at the time oufiofstate shipments to the warehouse commenced that the shipments were bound for its retail stores E. holding that interstate shipments to a warehousedistribution point through to samestate retail outlets retained their interstate character where the warehouse was merely a convenient instrumentality for the division of the shipments coming to it and the continuation of the movement of each part to the retail stores

assistant: The best answer is E. holding that interstate shipments to a warehousedistribution point through to samestate retail outlets retained their interstate character where the warehouse was merely a convenient instrumentality for the division of the shipments coming to it and the continuation of the movement of each part to the retail stores
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and all disputes or controversies arising out of or relating to this Agreement or the transactions contemplated hereby shall be governed by, and construed in accordance with, the internal Laws of the State of Delaware, without regard to the Laws of any other jurisdiction that might be applied because of the conflict of laws principles of the State of Delaware.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision hereof is void or unenforceable in any jurisdiction, such voidness or unenforceability shall not affect the validity or enforceability of (i) such provision in any other jurisdiction or (ii) any other provision hereof in such or any other jurisdiction.

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: religious land use; (See, e.g., id. at 7-8 (noting that Local Law 2 of 2007 for the first time allowed single-family residents to be used as houses of worship, as requested by ultra-Orthodox, Hasidic communities).) Taken together, though, in the light most favorable to the non-movant Plaintiffs, ,and given the unique burden the Challenged Laws place on Plaintiffs, there is sufficient evidence for a reasonable jury to conclude that the Challenge Laws were passed with a discriminatory purpose. b. Discriminatory Effect Plaintiffs also allege that the Challenged Laws had a discriminatory effect on them. In establishing discriminatory effect, Plaintiffs are not “obligated to show' a better treated, similarly situated group of individuals.” Pyke v. Cuomo, 258 F.3d 107, 110 (2d Cir.2001) (<HOLDING>). Indeed, the cases “recognize[ ] that a Options: A. holding that a plaintiff who alleges that a facially neutral statute or policy with an adverse effect was motivated by diseriminatoiy animus is not obligated to show a better treated similarly situated group of individuals of a different race in order to establish a claim of denial of equal protection B. holding that employee who violated a different policy of the store than plaintiff was not similarly situated C. holding that black residents failed to state an equal protection claim where they did not allege the existence of a similarly situated group of white residents who were treated differently D. holding that a presentence defendant is not similarly situated with a postsentence convict and denial of sentence credit does not violate equal protection E. holding equal protection under the federal constitution applies to similarly situated persons

assistant: The best answer is A. holding that a plaintiff who alleges that a facially neutral statute or policy with an adverse effect was motivated by diseriminatoiy animus is not obligated to show a better treated similarly situated group of individuals of a different race in order to establish a claim of denial of equal 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: however, habeas review of BIA decisions remains available under 28 U.S.C. § 2241. “[T]he availability of habeas to challenge deportation orders has long been recognized.” Jean-Baptiste, 144 F.3d at 218 (citing Heikkila v. Barber, 345 U.S. 229, 234-35, 73 S.Ct. 603, 97 L.Ed. 972 (1953)). The District Court determined that, following IIRIRA, habeas was not available to Gonzalez-Roque because “the right to seek collateral review [of deportation orders] through a writ of habeas corpus was not well-established, and opposed by the government.” Gonzalez-Roque, 165 F.Supp.2d at 584. It pointed out that the availability of such relief was not finally settled by the Supreme Court until last year. Id. (citing Calcano-Martinez v. INS, 533 U.S. 348, 351, 121 S.Ct. 2268, 150 L.Ed.2d 392 (2001) (<HOLDING>); St. Cyr, 533 U.S. at 298-314, 121 S.Ct. 2271 Options: A. holding that because the farr act does not expressly mention habeas corpus or 28 usc 2241 it does not eliminate habeas jurisdiction B. holding that iirira 309c4g repealed this courts jurisdiction over petitions for review filed by aliens who are deportable for having committed enumerated criminal offenses but did not repeal 28 usc 2241 C. holding that jurisdictionstripping provisions of iirira did not preclude aliens convicted of aggravated felonies from pursuing habeas relief pursuant to 28 usc 2241 D. holding that habeas jurisdiction under 2241 was not repealed by the illegal immigration reform and immigrant responsibility act of 1996 iirira E. holding that because 28 usc 2241 habeas corpus relief is available to review constitutional claims congress preclusion of direct appeals in iirira see tion 309c4g does not offend the due process clause of the constitution

assistant: The best answer is C. holding that jurisdictionstripping provisions of iirira did not preclude aliens convicted of aggravated felonies from pursuing habeas relief pursuant to 28 usc 2241
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower and its Subsidiaries are (when taken as a whole on a consolidated basis), and immediately after giving effect to the making of the Refinancing Loans and the repayment of the Existing Term Loans will be, solvent (as determined in the manner contemplated by Section 3.14 of the Credit Agreement).

assistant: Solvency
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: 6 Yates v. Brown, 235 Ga. 391, 392 (1) (219 SE2d 729) (1975). 7 Bryant v. State, 174 Ga. App. 522 (1) (330 SE2d 743) (1985). 8 Kraus v. State, 161 Ga. App. 739, n. 1 (289 SE2d 555) (1982). 9 Mohamed v. State, 289 Ga. App. 394, 395 (657 SE2d 307) (2008). 10 Hall v. State, 271 Ga. App. 302, 303 (609 SE2d 653) (2004). 11 Moore v. Caldwell, 231 Ga. 485 (1) (202 SE2d 425) (1973). 12 Brown v. Ricketts, 235 Ga. 29, 32 (218 SE2d 785) (1975). 13 Blassingame v. State, 155 Ga. App. 235, 236 (270 SE2d 399) (1980). 14 Blaylock v. State, 129 Ga. App. 230 (199 SE2d 369) (1973). 15 It is for this reason that any failure by counsel to assert such rights on behalf of a fugitive client cannot constitute ineffective assistance of counsel. See Johnson v. Smith, 227 Ga. 611 (2) (182 SE2d 101) (1971) (<HOLDING>). See also Johnson v. Caldwell, 458 F2d 505 Options: A. holding that the strickland test applies to claims that counsel was constitutionally ineffective for failing to file a notice of appeal B. holding that claims of ineffective assistance of counsel could not be resolved on the facts appearing in the record and that under such circumstances the defendants remedy is to file a petition for habeas corpus C. holding that failure to file brief on appeal to bia constitutes ineffective assistance but affirming the denial of habeas because petitioner could not show prejudice D. holding on appeal from a habeas corpus denial that counsel was not ineffective for failure to file a notice of appeal because of defendants escape E. holding in context of sixth amendment ineffective assistance of counsel based on asserted failure of counsel to file appeal established prejudice per se for purpose of establishing habeas review jurisdiction as if proven such failure constitutes denial of a fundamental constitutional right

assistant: The best answer is D. holding on appeal from a habeas corpus denial that counsel was not ineffective for failure to file a notice of appeal because of defendants escape
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: a final judgment that U.S. D.I.D. is liable on the injunction bond (absent future proceedings between the parties), the Court will and hereby does grant Plaintiffs request and stays any release of funds for fourteen days. Accordingly, on January 22, 2013, the Clerk of the Court shall issue a check payable to Windstream Communications, Inc., in the amount of $227,271.92, which is to be drawn from the $314,672.80 deposited by U.S. D.I.D. in the Court’s registry, and shall mail that check to Windstream’s counsel, Brian J. Butler, Esq., at Bond, Schoeneck & King, PLLC, One Lincoln Center, Syracuse, N.Y. 13202. On that same date, the Clerk of the Court shall issue a check payable to U.S. D.I.D. Corporation for the remaining $87,400.88 deposited by U.S. D.I.D. in the C 80 n. 5 (3d Cir.1987) (<HOLDING>); Pace v. Ross, No. 78 Civ. 2515, 1981 U.S. Options: A. holding that court had no supplemental jurisdiction over claim by shareholder for breach of merger agreement that was the subject of the dispute between the merger partners over which the district court had subject matter jurisdiction B. holding that the district court possessed ancillary jurisdiction over a dispute concerning the disposition of an injunction bond C. holding that nonliable party can only be subjected to those provisions of an injunction that are minor and ancillary D. holding that the failure of the applicant to file a bond before the issuance of the temporary injunction renders the injunction void ab initio E. holding that the district court retained jurisdiction to resolve a dispute over an injunction bond even where the underlying dispute had itself been dismissed for lack of subjectmatter jurisdiction

assistant: The best answer is B. holding that the district court possessed ancillary jurisdiction over a dispute concerning the disposition of an injunction bond
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: however, is not directed to discerning whether there are disputed issues of fact, but rather, whether the administrative record, together with any additional evidence, establishes that there has been compliance with IDEA’S processes and that the child’s educational needs have been appropriately addressed.”). B. Obligations of Schools to Remedy Bullying 1. Due Process The central question raised by this case is what actions, if any, a school is required to take to stop bullying of disabled students. Generally, the Due Process Clause of the Constitution does not require that the state “protect the life, liberty, and property of its citizens against invasion by private actors.” DeShaney v. Winnebago County Dep’t of Soc. Services, 489 U.S. 189, 195, 109 S.Ct. 998 2, 73 L.Ed.2d 28 (1982) (<HOLDING>). See also, Ying Jing Gan v. City of New York, Options: A. holding that trial court abused its discretion in ordering chiropractor to disclose the identity of all patients that had any type of connection to the plaintiffs attorneys and to produce all billing records for services rendered to attorneys or patients B. holding that evidence of impaired mental functioning is inherently mitigating and that a defendant is not required to demonstrate a nexus between his mental capacity and the crime committed C. holding that the substantive component of the fourteenth amendments due process clause requires the state to provide involuntarilycommitted mental patients with such services as are necessary to ensure their reasonable safety from themselves and others D. holding that the state must provide involuntarily committed mental patients with services that insure their reasonable safety E. holding that psychiatrist has duty to third parties to exercise due care in treatment and release of committed patients

assistant: The best answer is D. holding that the state must provide involuntarily committed mental patients with services that insure their reasonable safety
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: Employee agrees that he will not make or direct anyone else to make on Employee’s behalf any disparaging or untruthful remarks or statements, whether oral or written, about the Company, its strategies, clients, operators and tenants, its operations or its products, services, affiliates, officers, directors, employees, or agents (collectively the “ Group ” and individually a “ Group Member ”), or issue any communication that reflects adversely on or encourages any adverse action against the Group or any Group Member. Employee will not make any direct or indirect written or oral statements to the press, television, radio or other media or other external persons or entities concerning any matters pertaining to the business and affairs of the Group or any Group Member. The Company agrees not to make, and shall direct its officers and senior executives not to make on its behalf, any disparaging or untruthful remarks or statements about Employee’s employment with the Company following the Retirement Date. The restrictions described in this paragraph shall not apply to any truthful statements made in response to a subpoena or other compulsory legal process or to law enforcement or other governmental authorities.

assistant: Non-Disparagement
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: as a purchaser. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 112 S.Ct. 2130,119 L.Ed.2d 351 (1992)(noting that injury-in-fact is a constitutional minimum). Thus, to prove constitutional standing, a plaintiff must show that it has suffered a cognizable “injury-in-fact” that has been caused by the defendant and is redressable by the court. See generally, Nulankeyutmonen Nkihtaqmikon v. Impson, 503 F.3d 18, 26-27 (1st Cir.2007); Nisselson v. Lernout, 469 F.3d 143, 150 (1st Cir.2006). BPI Global has satisfied that requirement here by showing that it took on investment risk as general partner for several of the very funds it managed. Whether less would be sufficient to satisfy the Constitutional minimum is a question I need n er, Peabody & Co., Inc., 604 F.Supp. 764, 767 (D.C.Mo.1985) (<HOLDING>). Although the First Circuit has not to date Options: A. holding that a a representative plaintiff acts as fiduciary for the others requiring the representative to act in the best interest of class B. holding that both agent and principal will be liable when the agent acts within the scope of his employment but for his own purposes C. holding that a purchaser for the purposes of 12a2 includes a representative or an agent for a purchaser D. recognizing that authorized representative may be general or only for a certain claim E. holding that a party waived the right to allege contrary facts on appeal eg that defendant was not an agent or instrumentality of the mexican government for sovereign immunity purposes where the party alleged that the defendant was an agent or instrumentality in its complaint

assistant: The best answer is C. holding that a purchaser for the purposes of 12a2 includes a representative or an agent for a purchaser
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: as to unknown defendants by the filing of a “John Doe” petition, it could have included such a provision in the statute. See Laid-law Waste Sys. (Dallas), Inc. v. City of Wilmer, 904 S.W.2d 656, 659 (Tex.1995) (stating that when the Legislature has employed a term or phrase in one section of a statute and excluded it in another, it is presumed the Legislature had a reason for excluding it, and the term should not be implied where it has been excluded); see also Moran v. City of Houston, 58 S.W.3d 159, 162-63 (Tex.App.-Houston [14th Dist.] 2001, pet. denied). 2. In Deciding If Limitations Has Tolled, A “John Doe” Petition Should Be TReated The Same As A Petition Involving A Misidentification. Further, alt C.App. 772, 403 S.E.2d 568, 571 (1991), affd, 330 N.C. 610, 411 S.E.2d 610 (1992) (<HOLDING>). In sum, Riston’s “John Doe” petition did not Options: A. holding that the statute of limitations for 1983 claims is the most closely analogous state limitations period for general personal injury claims B. recognizing purpose of limitations would be thwarted by allowing a plaintiff to preserve claims against john doe defendants for some unlimited period of time or until the plaintiff determines their true identities C. holding that the limitations period should be tolled until the plaintiff became aware of the facts necessary to support a charge of discrimination D. holding that the statute of limitations did not commence despite the filing of a prior complaint against another physician until the defendants deposition made the plaintiff aware of the defendants involvement in the decedents death where the plaintiff failed to discover the defendants involvement because of the defendants misstatement concealment or fraud E. holding that where a plaintiff is unaware of the identity of alleged defendants plaintiff should be given an opportunity through discovery to identify the unknown defendants unless it is clear that discovery would not uncover the identities or that the complaint would be dismissed on other grounds

assistant: The best answer is B. recognizing purpose of limitations would be thwarted by allowing a plaintiff to preserve claims against john doe defendants for some unlimited period of time or until the plaintiff determines their true identities
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 his official duties[.]” OCGA § 16-10-24 (a) (emphasis supplied). See Martinez v. State, 322 Ga. App. 63, 65 (2) (743 SE2d 621) (2013) (conviction for misdemeanor obstruction “requires proof of some form of knowing and wilful opposition to the officer”) (citation and punctuation omitted); Mitchell v. State, 312 Ga. App. 293, 297 (2) (718 SE2d 216) (2011) (“as one of the essential elements of this misdemeanor offense, the state must show that the defendant committed the act knowingly and wilfully”) (citation omitted). Nevertheless, Green argues that his knowledge was not at issue in this particular case because he admitted at trial that he knew the person from whom he ran was a law enforcement officer. But there are other types of knowledge relevant to a misdemeanor obst 139) (1913) (<HOLDING>). The other acts evidence was relevant to the Options: A. holding in addressing crime of obstructing an officer in serving or attempting to serve or execute a legal process or order that it is not enough that the accused should know that the person attempting to make the arrest is an arresting officer it must also appear that he knew that the officer was attempting to execute a lawful process or order B. holding proprietor of a tavern was not liable to officer who sustained injuries caused by a patron while the officer was attempting to make an arrest C. holding that in deciding whether officers are entitled to qualified immunity it is not only the evidence of clearly established law that is for the court but also whether a reasonable officer could have believed that his or her conduct was lawful in light of the information the officer had D. holding officer who was shot by employee of a hotel while he was attempting to make an arrest was unable to recover for injuries from hotel owner E. holding that the kansas offense of fleeing or attempting to elude a police officer where the defendant is involved in a motor vehicle accident or intentionally causes property damage was a crime of violence

assistant: The best answer is A. holding in addressing crime of obstructing an officer in serving or attempting to serve or execute a legal process or order that it is not enough that the accused should know that the person attempting to make the arrest is an arresting officer it must also appear that he knew that the officer was attempting to execute a lawful process or order
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: Following the date hereof and until the Closing or termination of this Agreement, each of Axiom and CJC will each afford to the officers and authorized representatives of the other full access to the properties, books and records of Axiom or CJC, as the case may be, in order that each may have a full opportunity to make such reasonable investigation as it shall desire to make of the affairs of the other, and each will furnish the other with such additional financial and operating data and other information as to the business and properties of Axiom or CJC, as the case may be, as the other shall from time to time reasonably request. Without limiting the foregoing, as soon as practicable after the end of each fiscal quarter (and in any event through the last fiscal quarter prior to the Closing Date), each party shall provide the other with quarterly internally prepared and unaudited financial statements.

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 legal provision and list the applicable contract clause categories. Provision: (a) Notwithstanding anything to the contrary contained herein or in any other Loan Document, the Administrative Agent is hereby irrevocably authorized by each Lender (without requirement of notice to or consent of any Lender except as expressly required by Section 10.1) to take any action requested by the Borrower having the effect of releasing any guarantee obligations to the extent necessary to permit consummation of any transaction not prohibited by any Loan Document, that has been consented to in accordance with Section 10.1 or permitted by Section 6.10.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: sale of Braniffs assets been approved, we concluded, “little would remain” in the estate and there would be “little prospect or occasion for further reorganization.” Id. The instant settlement is not a sub rosa reorganization of the type disapproved in Braniff It does not dispose of all claims against Cajun, nor does it restrict creditors’ right to vote as they deem fit on a proposed reorganization plan. Finally, the settlement does not dispose of virtually all of Cajun’s assets, leaving “little prospect or occasion for further reorganization.” Cf. Braniff 700 F.2d at 940. Instead it disposes of one particular “asset,” River Bend, which is not so much the crown jewel of Cajun’s estate but its white elephant. Cf. Richmond Leasing Co. v. Capital Bank, N.A., 762 F.2d 1303 (5th Cir.1985) (<HOLDING>). The removal of River Bend from the estate Options: A. recognizing that in some circumstances an afterthefact remedy under state law may be adequate B. recognizing that the disposal of a crown jewel asset might in some circumstances amount to a sub rosa plan C. holding that plan language giving plan administrator power to determine which employees are eligible to participate in the plan and providing all parties dealing with the plan an interpretation of plan provisions on request indicates deferential standard of review of trustee eligibility decisions D. holding that a payment is under the plan when the debt is provided for in the plan E. recognizing oklahomas policy of allowing regulation instead of competition in waste disposal services

assistant: The best answer is B. recognizing that the disposal of a crown jewel asset might in some circumstances amount to a sub rosa plan
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 purchase and sale of the Shares shall take place on or before July 12, 2018; at or before 5:00 PM EST (which time is designated as the “Closing”). At Closing, Purchaser shall deliver to Seller, in cash, by wire transfer to an account to be designated by Seller, or his nominee for the Purchase Price totaling the amount of Fifty Thousand U.S. dollars and no cents ($50,000.00) which amount shall include any good faith deposits made, if any, and Seller will promptly deliver the following to Purchaser: (A) evidence of Shares in book entry form representing the Shares transferred by Seller to Purchaser hereunder with Mountain Share Transfer, LLC, the transfer agent. The Shares transferred will be accompanied by irrevocable stock powers executed by Seller (B) the stamped Certificate of Incorporation and duly adopted bylaws, (C) all corporate books and records; (D) written resignations of incumbent directors and officers of the Corporation; and (F) an affidavit certifying that all liabilities of the Corporation prior to the Closing date shall be paid in full out of the proceeds of this share purchase.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Los Angeles, California by three arbitrators in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association in effect at the time of submission to arbitration. Judgment may be entered on the arbitrators’ award in any court having jurisdiction. For purposes of entering any judgment upon an award rendered by the arbitrators, the Company and Executive hereby consent to the jurisdiction of any or all of the following courts: (i) the United States District Court for the Southern District of California, (ii) any of the courts of the State of California, or (iii) any other court having jurisdiction. The Company and Executive further agree that any service of process or notice requirements in any such proceeding shall be satisfied if the rules of such court relating thereto have been substantially satisfied. The Company and Executive hereby waive, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to such jurisdiction and any defense of inconvenient forum. The Company and Executive hereby agree that a judgment upon an award rendered by the arbitrators may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Subject to Section 12(b), the Company shall bear all costs and expenses arising in connection with any arbitration proceeding pursuant to this Section 12. Notwithstanding any provision in this Section 12, Executive shall be paid compensation due and owing under this Agreement during the pendency of any dispute or controversy arising under or in connection with this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: The Borrower and its Subsidiaries are in compliance with all laws, rules, regulations, orders and restrictions of any domestic or foreign government or any instrumentality or agency thereof having jurisdiction over the conduct of their respective businesses or the ownership of their respective property and all Environmental Laws, except for any failure to comply with any of the foregoing which 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: None of the reports, financial statements, certificates or other information furnished by or on behalf of any Loan Party to the Administrative Agent or any Lender in connection with the negotiation of this Agreement or any other Loan Document or delivered hereunder or thereunder (as modified or supplemented by other information so furnished) contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, provided that the foregoing shall not apply to any projected financial information, and with respect to such projected financial information, Holdings and the Borrower represent only that such information was prepared in good faith based upon assumptions believed by them to be reasonable at the time delivered and as of the Original Effective Date.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 9.2 if you do not use your viber credit for a period of six months ( including viber credit that has been allocated to you by a viber administrator ) , such credits will be frozen .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: financial and other public statements presumptively consistent with the strictures of Section 10(b) and Rule 10b-5, especially where it is unclear that the contents of the addendum directly address the allegedly misleading information in the statements. See Virginia Bankshares, 501 U.S. at 1097, 111 S.Ct. at 2760-61 (stating that “a misleading statement will not always lose its deceptive edge simply by joinder with others that are true”). To immunize the type of conduct alleged here would be to give companies a license to issue groundless appraisals to investors so long as they include a modest footnote or appendix with a kernel of truth that might enable an analyst or accountant to spot the inconsistencies. See S.E.C. v. Rana Research, Inc., 8 F.3d 1358, 1362-63 (9th Cir.1993) (<HOLDING>); cf. Virginia Bankshares, 501 U.S. at 1097, Options: A. holding that curative press releases containing a grain of truth did not prevent deception of the market due to previous misrepresentations B. holding that a principal does not have an action against his agent for indemnification based on the agents misrepresentations because the principal was not blameless in the misrepresentations made to the third parties C. holding that plan beneficiaries could not have reasonably relied on any alleged oral misrepresentations in light of a signed severance agreement containing information to the contrary D. holding positive press release was not actionable where plaintiffs have not alleged that any of the historical representations in that press release were false E. holding that if the alleged misrepresentations are material a plaintiff is entitled to recovery whether or not the misrepresentations caused the alleged damage

assistant: The best answer is A. holding that curative press releases containing a grain of truth did not prevent deception of the market due to previous misrepresentations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: . The dichotomy drawn by the panel between circumstantial and direct evidence is questionable. Convictions often rest on inferences which are drawn from direct testimony, as well as circumstantial evidence. 3 . The result of this case — a federal appeals court reversing the state’s highest court on the question of evidentiary sufficiency in a criminal prosecution — is also surprising given the SJC's historically favorable treatment of criminal defendants. Indeed, the SJC often extends criminal defendants greater protections than those required under the federal Constitution. See, e.g., Commonwealth v. Gomes, 453 Mass. 506, 903 N.E.2d 567 (2009) (limiting the police's power to pat frisk suspected drug dealers for weapons); Commonwealth v. Mavredakis, 430 Mass. 848, 725 N.E.2d 169 (2000) (<HOLDING>). 4 . The prosecution argued that O'Laughlin Options: A. holding that police failure to inform the accused of his attorneys attempts to contact him and misstatements to the attorney as to whether the accused was at the police station did not violate the accuseds due process rights B. holding that the state failed to rebut the defendants testimony that he was forced to leave his approved residence and could not reach the probation officer to inform him of his move C. holding that the failure to inform the defendant of his right to a sixperson jury and the failure to consult the defendant as to his wishes was an error for which a new trial was the only remedy D. holding that the police have a duty to inform a criminal defendant of his lawyers efforts to contact him E. holding that police officers have no affirmative duty to search out favorable evidence for the defendant

assistant: The best answer is D. holding that the police have a duty to inform a criminal defendant of his lawyers efforts to contact him
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Borrower agrees to pay to the Administrative Agent for the account of each Lender a commitment fee, accruing at the Applicable Rate on the daily unused amount of the Commitment of such Lender during the period from and including the date hereof to but excluding the date on which such Commitment is terminated. Commitment fees accrued through and including the last day of March, June, September and December of each year shall be payable on the third Business Day following such date and on the date on which the Commitments are terminated, commencing on the first such date to occur after the date hereof. All commitment fees shall be computed on the basis of a year of 360 days and shall be payable for the actual number of days elapsed (including the first day but excluding the last day).

assistant: Fees
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: ‘questions or allusions which suggest that a driver has or has not been charged with a traffic violation’ are considered sufficiently prejudicial to require a new trial.” Golden v. Tipton, 723 So.2d 871, 871 (Fla. 1st DCA 1998) (quoting Moore v. Taylor Concrete & Supply Co., 553 So.2d 787, 790 (Fla. 1st DCA 1989)). For instance, in Golden, we concluded that the appellant was entitled to a new trial because the trial court denied a motion for mistrial made after the appellee implied in response to a question from his lawyer that the appellant had received a traffic citation as a result of the collision between the two parties. See 723 So.2d at 871. We held that the trial court abused its discretion, notwithstanding its instruction to the jury to disregard the te 4th DCA 1998) (<HOLDING>); Budget Rent A Car Sys., Inc. v. Jana, 600 Options: A. holding that the trial court reversibly erred in denying the appellants motion for mistrial following the investigating officers affirmative response to the appellees counsels question of whether any traffic citations had been issued as a result of the parties collision B. holding that the trial court reversibly erred in denying the appellants motion for mistrial given the appellees testimony that we dont have no ticket for that accident notwithstanding the fact that the trial court instructed the jury to disregard the comment C. holding that the trial court reversibly erred in denying the appellants motion for mistrial following the appellees negative response to his attorneys question of whether he had been cited for a traffic violation following the parties accident and concluding that the question and answer were highly improper and prejudicial and that the harm was hot cured by the trial courts instruction to the jury D. holding that the trial court did not abuse its discretion in denying defendants motion for mistrial where the trial court sustained defendants objections to a question by the prosecutor containing improper information and instructed the jury to disregard the question E. holding that there was no abuse of discretion in denying mistrial based on a comment that the defendant was in prison where the comment provided the jury with little detail

assistant: The best answer is B. holding that the trial court reversibly erred in denying the appellants motion for mistrial given the appellees testimony that we dont have no ticket for that accident notwithstanding the fact that the trial court instructed the jury to disregard the comment
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 dismissal of a co-defendant school district from the action, even though the school district had refused to consent to removal, where removability of the action based on fraudulent joinder of the school district was ascertainable, if at all, upon service of the complaint); Clingan v. Celtic Life Ins. Co., 244 F.Supp.2d 1298, 1308 (M.D.Ala.2003) (remanding on grounds of untimely removal, after concluding that the removing defendant could have ascertained within thirty days of receipt of the complaint that it had valid arguments for fraudulent joinder with respect to all claims asserted against a non-diverse co-defendant, and need not have awaited deposition transcripts before seeking removal based on fraudulent joinder); Naef v. Masonite Corp., 923 F.Supp. 1504, 1513 (S.D.Ala.1996) (<HOLDING>); Guerrero v. General Motors Corp., 892 F.Supp. Options: A. holding that a removal notice must be filed within a reasonable time after fraudulent joinder becomes evident B. holding that the defendants motion to amend their notice of removal was proper due to plaintiffs waived objections to the sufficiency of the notice of removal by failing to seek remand within thirty days of removal C. holding that a notice of removal based on fraudulent joinder was procedurally defective because it was filed more than thirty days after defendants could have intelligently ascertained that the action was removable D. holding that failure to remove within thirty days after receiving a statecourt complaint from which the removing defendant could have discerned fraudulent joinder of a nondiverse party rendered removal untimely E. holding that removal based on fraudulent joinder was not timely where it occurred more than thirty days after the removing defendants learned of facts showing that a nondiverse codefendant was fraudulently joined

assistant: The best answer is C. holding that a notice of removal based on fraudulent joinder was procedurally defective because it was filed more than thirty days after defendants could have intelligently ascertained that the action was 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: At the time hereafter that any Subsidiary of the Borrower is created or acquired, Borrower will (a) promptly take all action necessary to comply with Section 5.15, (b) promptly take all such action and execute and deliver, or cause to be executed and delivered, to the Administrative Agent all such opinions, documents, instruments, agreements, and certificates similar to those described in Section 4.01(b) and Section 4.01(d) that the Administrative Agent or the Majority Lenders may reasonably request, and (c) promptly cause such Subsidiary to (i) become a party to this Agreement and Guarantee the Obligations by executing and delivering to the Administrative Agent a Counterpart Agreement in the form of Exhibit C , (ii) to the extent required to comply with Section 5.10, execute and deliver Mortgages and other Security Documents creating first priority Liens in favor of the Administrative Agent, subject in priority only to Permitted Prior Liens, in such Subsidiary’s Oil and Gas Property and substantially all of such Subsidiary’s personal property, and (iii) to the extent required to comply with Section 5.11, all title opinions and other information. Upon delivery of any such Counterpart Agreement to the Administrative Agent, notice of which is hereby waived by each Credit Party, such Subsidiary shall be a Guarantor and shall be as fully a party hereto as if such Subsidiary were an original signatory hereto. Each Credit Party expressly agrees that its obligations arising hereunder shall not be affected or diminished by the addition or release of any other Credit Party hereunder. This Agreement shall be fully effective as to any Credit Party that is or becomes a party hereto regardless of whether any other Person becomes or fails to become or ceases to be a Credit Party hereunder. With respect to each such Subsidiary, the Borrower shall promptly send to the Administrative Agent written notice setting forth with respect to such Person the date on which such Person became a Subsidiary of the Borrower, and supplement the data required to be set forth in the Schedules to this Agreement as a result of the acquisition or creation of such Subsidiary; provided that such supplemental data must be reasonably acceptable to the Majority Lenders.

assistant: Subsidiaries
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: (1st Cir.2003). Said rule provides in relevant part: (a) Right Preserved. The right of trial by jury as declared by the Seventh Amendment to the Constitution—or as provided by a federal statute—-is preserved to the parties inviolate. (b) Demand. On any issue triable of right by a jury, a party may demand a jury trial by: (1) serving the other parties with a written demand-which may be included in a pleading-no later than 10 days after the last pleading directed to the issue is served; and (2) filing the demand in accordance with Rule 5(d). (c) Specifying Issues. In its demand, a party may specify the issues that it wishes to have tried fact. Lutz, 403 F.3d at 1066. Amended pleadings that do not introduce new issues of fact do not renew a right to jury trial that has been waived. Id. (<HOLDING>); In re Texas Gen. Petroleum Corp., 52 F.3d Options: A. recognizing that one of those conditions for a district judge to grant leave to amend the complaint may properly be that claims contained in the original complaint but not included in the amended complaint be considered dismissed with prejudice B. holding that the amended complaint could not relate back to the original complaint in which all claims were barred by the statute of limitations C. holding that a demand for jury trial should be denied if the issues in the original complaint and the amended complaint turn on the same matrix of facts D. holding that amended complaint related back where the facts alleged in the original complaint clearly put defendants on notice as to the conduct at issue in this action E. holding that pleadings could not be amended where no evidence offered during trial was outside the issues in the original complaint

assistant: The best answer is C. holding that a demand for jury trial should be denied if the issues in the original complaint and the amended complaint turn on the same matrix of facts