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: 933 (4th Cir.1986), and United States v. Farnsworth, 729 F.2d 1158 (8th Cir.1984). In both of those cases, the courts permitted police officers and parole officers to identify defendants in surveillance videos and rejected the defendants’ arguments that the identifications were unduly prejudicial specifically because “ ‘[n]othing at trial gave the jury any reason to conclude that [the witnesses] were involved in law enforcement.’” Hardie, 513 So.2d at 793 (quoting Allen, 787 F.2d at 937). Under those circumstances, the proper identification testimony did not give rise to an improper inference of prior criminal conduct. Other courts have since applied this same limitation to identification testimony by police officers. Compare State v. Price, 701 So.2d 1204, 1206-07 (Fla. 3d DCA 1997) (<HOLDING>), and Edwards v. State, 583 So.2d 740, 741 Options: A. holding that the trial court did not err in charging the jury that the defendant was in the custody of the victim officer when he shot and killed the officer due to the undisputed evidence presented at trial including the defendants pretrial statement to police admitting that fact B. holding that trial court properly barred certain questions about witness who was in federal witness protection program C. holding that the trial court had properly granted prices motion for new trial because while the state properly introduced identification testimony from a police officer who was not a witness to the offense it improperly elicited testimony that the witness was in fact a police officer who knew the defendant from working in his neighborhood D. holding that trial court abused its discretion in permitting the testimony of a witness who was not listed in the pretrial order and no reason was given for the failure to list the witness E. holding that the trial court should have granted the defendants motion for mistrial after it was revealed that a police officer who also was a prosecution witness had sat with several jurors during a lunch break even though the witness testified that he did not discuss the business of the case with the jurors

assistant: The best answer is C. holding that the trial court had properly granted prices motion for new trial because while the state properly introduced identification testimony from a police officer who was not a witness to the offense it improperly elicited testimony that the witness was in fact a police officer who knew the defendant from working in his neighborhood
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: GuideOne Elite Ins. Co. v. Fielder Road Baptist Church, 197 S.W.3d 305, 310 (Tex.2006) (the duty to defend is created by the terms of the insurance policy); 2 Allan D. WlNDT, INSURANCE CLAIMS AND DISPUTES: Representation of InsuRance Companies and InsuReds § 11:31 (5th ed.2007) (“The difference between a self-insured retention and a deductible is usually that, under polices containing a self-insured retention, the insured assumes the obligation of providing itself a defense until the retention is exhausted.”). If LTC itself had funded the defenses or settlements of the underlying claims, it would have no claim against U.S. Fire under the policy for amounts within the SIRs. See generally H.E. Butt Grocery Co. v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa., 150 F.3d 526 (5th Cir.1998) (<HOLDING>). Accordingly, U.S. Fire’s refusal to defend or Options: A. holding that when the district court disposed of the adea claims the pendent claims became subject to dismissal for want of subject matter jurisdiction B. holding that a common question of causation was a predominate issue central to each of plaintiffs claims and subject to generalize proof notwithstanding need to review each plaintiffs individual account C. holding that insureds settlements of two claims were each subject to the sir provisions of the policy D. recognizing that a contract is to be construed to give reasonable effect to each of its provisions E. holding that the hearing provisions of the ina supersede the provisions of the apa

assistant: The best answer is C. holding that insureds settlements of two claims were each subject to the sir provisions of the policy
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: court. Del. Const, art. IV, § ll(l)(a); Harrison v. Ramunno, 730 A.2d 653 (Del.1999). A final judgment is generally defined as one that determines the merits of the controversy or defines the rights of the parties and leaves nothing for future determination or consideration. Showell Poultry, Inc. v. Delmarva Poultry Corp., 146 A.2d 794, 796 (Del.1958); Catlin v. United States, 324 U.S. 229, 233, 65 S.Ct. 631, 89 L.Ed. 911 (1945). In short, a final judgment is one that determines all the claims as to all the parties. The test for whether an order is final and therefore ripe for appeal is whether the trial court has clearly declared its intention that the order be the court’s “final act” in a case. J.I. Kislak Mortgage Corp. v. William Matthews Builder, Inc., 303 A.2d 648, 650 (Del.1973) (<HOLDING>). Despite the foregoing well-settled rules, the Options: A. holding that a bankruptcy courts sale order is a final order for res judicata purposes B. holding that such a decision was within the trial courts discretion C. holding order is deemed final if decision is trial courts last act in disposing of all justiciable matters within its jurisdiction D. holding that the supreme courts proper scope of review of a trial courts decision in a trial de novo of an assessment matter is whether the decision of the trial court was clearly erroneous E. holding that the trial court had no jurisdiction to modify its final order more than 30 days after its final judgment

assistant: The best answer is C. holding order is deemed final if decision is trial courts last act in disposing of all justiciable matters within its jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by booking.com at any time and without prior notice .

assistant: Content removal
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. Notices or other communication directed to you shall be addressed to your home address most recently communicated to the Company in writing. Notices or other communication directed to the Company shall be addressed to the Company’s corporate headquarters and directed to the attention of the Board.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in any number of counterparts, each of which when so executed shall be deemed an original but all such counterparts shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page of this Amendment by telecopy, emailed 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. The words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to any document to be signed in connection with this Amendment and the transactions contemplated hereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

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 case excerpt and choose the best holding from the options. Case excerpt: authorities to facilitate the timely administration of justice. Storkamp, 656 N.W.2d at 543. Here, appellant has not achieved or fostered any of the purposes of bail. Even though appellant believes defendant is in Toronto, appellant’s belief about defendant’s whereabouts does not demonstrate that appellant has in fact located defendant such that the government might be put in a position to secure his return. Cause, purpose, and length of the defendant’s absence Defendant’s willfulness or bad faith is attributable to the surety. Shet-sky, 239 Minn, at 471, 60 N.W.2d at 46. Under Minnesota law, even an untimely apprehension and return of defendant would not require that the forfeited bail bond be fully reinstated and discharged. See State v. Williams, 568 N.W.2d 885, 888 (Minn.App.1997) (<HOLDING>), review denied (Minn. Nov. 18, 1997). Options: A. holding that doctrine of impossibility of performance did not apply so as to entitle surety to partial remission of forfeited bond B. holding that a suretys assistance in a defendants untimely return to custody does not mandate forgiveness of the penalty on a forfeited bail bond C. holding that a clear declaration of default is a precondition to a suretys liability under a performance bond D. holding time spent on electronic monitoring while on bail release does not constitute custody within meaning of sentencing credit statute E. recognizing that no bond or a nominal bond may be appropriate in cases involving the public interest

assistant: The best answer is B. holding that a suretys assistance in a defendants untimely return to custody does not mandate forgiveness of the penalty on a forfeited bail 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: not qualify as an excited utterance because the State failed to show the amount of time that elapsed between the shooting and Anderson’s purported statement. Appellant further maintains that Anderson’s statement is not reliable because the State was unable to show Anderson’s actions during the time between the shooting and the statement, and therefore, Anderson may have had the opportunity to reflect on, or fabricate, the details of the shooting. The excited utterance exception to the hearsay rule is founded on the belief that a statement made as a result of a startling event or condition is involuntary and does not allow the declarant an adequate opportunity to fabricate, thereby ensuring the trustworthiness of the statement. Couchman, 3 S.W.3d at p.-San Antonio 2002, pet. ref'd.) (<HOLDING>); Gay v. State, 981 S.W.2d 864, 867 Options: A. holding that a plaintiff had no injury in fact and consequently no standing when it had no enforceable contract right against the defendant B. holding that the trial court committed no error in sustaining objection to plaintiffs testimony that the water had been there for some time because the plaintiff had no personal knowledge of how long the puddle had been there C. holding no excited utterance because declarant had time to fabricate during oneyear lapse D. holding that the appellant had not changed his residence from his registered address despite the fact that the house had never had electricity service during the time that he had lived there E. holding no excited utterance because declarant most likely deliberated about the offense during 10day lapse

assistant: The best answer is C. holding no excited utterance because declarant had time to fabricate during oneyear lapse
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: At any time after termination of discussions by either Party with respect to the Transaction, upon the request of the Furnishing Party, the Receiving Party shall promptly (and in no event later than five business days after such request) (a) redeliver or cause to be redelivered to the Furnishing Party all copies of all Primary Evaluation Material in the possession or control of the Receiving Party or its Representatives which is in a visual or written format and erase or destroy all copies of all such Primary Evaluation Material which is stored in electronic format, and (b) destroy or cause to be destroyed all Derivative Evaluation Material in the possession or control of the Receiving Party or any of its Representatives.

assistant: No
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: Statement. They were, however, obtained prior to this Court’s actual approval of the Amended Disclosure Statement, which occurred on December 19, 2008 (i.e. at the joint hearing on approval of the Amended Disclosure Statement and the Amended Plan). Although typically a disclosure statement should be approved before the proponent solicits votes for the plan, here the premature solicitation was harmless and, as noted by the Bankruptcy Court for the Northern District of Georgia, a harmless failure to comply with § 1125’s solicitation requirements “is not necessarily fatal to the success of a Chapter 11 reorganization.” In re N.W. Recreational Activities, Inc., 8 B.R. 10, 12 (Bankr.D.Ga.1980); see also First Am. Bank of N.Y. v. Century Glove, Inc., 81 B.R. 274, 278-80 (D.Del.1988) (<HOLDING>). Pursuant to 11 U.S.C. § 105(d)(2)(B)(vi), Options: A. holding that order denying confirmation of plan became final when upon being notified that the debtors did not intend to seek confirmation of an alternate plan the court dismissed their case B. holding such agreements to be per se illegal C. holding that per se statutory rule is not permissible under fourth amendment D. holding hearing in chambers was not per se a violation of due process E. holding that a plan proponents failure to obtain court approval of solicitation materials is not per se fatal to the confirmation process

assistant: The best answer is E. holding that a plan proponents failure to obtain court approval of solicitation materials is not per se fatal to the confirmation process
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Section 7.03 of the Financing Agreement is hereby amended by deleting the Total Leverage Ratio of "2.98:1.00" for December 31, 2016 and substituting the Total Leverage Ratio of "3.25:1.00"in its place.

assistant: Amendments
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: core judicial functions, upon persons other than article VIII judges. III. DE FACTO AUTHORITY However, because the circuit court to which the commissioner was assigned had jurisdiction to decide this matter, we must address Commissioner Peuler’s authority to hear this case as a “judge de facto” of the third circuit court. A judge de facto is defined as: One who holds and exercises the office of a judge under color of lawful authority and by a title valid on its face, though he has not full right to the office, as where he was appointed under an unconstitutional statute, or by an usurper of the appointing power, or has not taken the oath of office. Black’s Law Dictionary 841 (6th ed. 1990); see also State ex rel. Farmer v. Edmonds Mun. Court, 27 Wash.App. 762, 621 P.2d 171, 175 (1980) (<HOLDING>); accord O’Neill v. O’Neill, 420 So.2d 261, 263 Options: A. recognizing that a prosecutors office is an entity and that information in the possession of one attorney in the office must be attributed to the office as a whole B. holding that an employee had a legitimate expectation of privacy in his office even though the papers seized from the office were not the property of the employee C. holding that a municipal ordinance that contravenes state law as here is invalid for that reason alone D. recognizing a nonresident who receives the most votes for elected office does not hold the office but not discussing the de facto officer doctrine E. holding that when a judicial office is created by legislative act or municipal ordinance the office is regarded as a de facto office until the act or ordinance is declared invalid

assistant: The best answer is E. holding that when a judicial office is created by legislative act or municipal ordinance the office is regarded as a de facto office until the act or ordinance is declared invalid
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in a third the juror was reported as describing eluding as "a very minor violation." No affidavit referred to the penalty as a "slap on the wrist," though the term was used by defense counsel in the motion and in oral argument. We conclude that these discrepancies are immaterial to our analysis, which applies to all of the versions of the juror's statements regarding the severity of, or the penalty for, vehicular eluding. 2 . At the hearing on the motion for a new trial, the prosecution presented two dictionary definitions of "elude" to the trial court, which indicate that eluding involves "skill" or "trickery." If the jury had viewed those definitions, it may have added those concepts as additional elements to be proven, increasing the prosecution's burden. See Wiser, 732 P.2d at 1143 Options: A. holding that the definition of operating deficits is not ambiguous despite the absence of a definition of the phrase in the contract B. holding that virginia burglary statute comes within definition of generic burglary C. holding that the trial court abused its discretion in denying a new trial where the jury had taken a dictionary that had not been admitted into evidence into the jury room and had improperly referred to and relied on the dictionarys definition of legal cause that was at variance with the definition of proximate cause D. holding that the defendant was not prejudiced by the jurys exposure to the dictionary definition of burglary because the definition referenced theft which was not an element the prosecution was required to prove E. holding due process clause requires the prosecution to prove beyond a reasonable doubt all of the elements included in the definition of the charged offense and new york law that requires the defendant in a second degree murder prosecution to prove by a preponderance of the evidence the affirmative defense of extreme emotional disturbance in order to reduce the crime to manslaughter when no element of the charged offense is presumed does not violate the due process clause

assistant: The best answer is D. holding that the defendant was not prejudiced by the jurys exposure to the dictionary definition of burglary because the definition referenced theft which was not an element the prosecution was required to prove
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 law and policy of the United States.”); Universal Trading & Inv. Co. v. Kiritchenko, No. C-99-3073, 2007 WL 2669841, at *8 (N.D.Cal. Sept. 7, 2007) (“The act of state doctrine ordinarily does not preclude judicial review of the extraterritorial effects of acts of state.”). Federal courts considering the extraterritorial effect of foreign state actions involving property have generally looked to the situs of the property in question. See, e.g., Trinh v. Citibank, N.A., 850 F.2d 1164, 1172 (6th Cir.1988) (“Generally speaking, an act of state will go unquestioned in United States courts only to the extent that it affects property whose ‘situs’ is within the territorial jurisdiction of the acting state.”); Drexel Burnham, Lambert Group Inc. v. Galadari, 777 F.2d 877, 881 (2nd Cir.1985) (<HOLDING>); Allied Bank, Int'l, 757 F.2d at 521-22 Options: A. holding that when the basis of the earlier suit was that the plaintiff had had defaulted on a promissory note and the claim in the instant action is whether that promissory note was valid the transaction test is met B. holding that the situs of debt for purposes of the act of state doctrine was not in dubai when the terms of the relevant promissory note provided that the note was payable in united states dollars at the place of the holders designation C. holding that standing at inception of the suit was not established where the note attached to the complaint was not made payable to the plaintiff and contained no endorsement even though the original note endorsed in blank was introduced at trial D. holding that because a mortgage provides the security for the repayment of the note the person having standing to foreclose a note secured by a mortgage may be either the holder of the note or a nonholder in possession of the note who has the rights of a holder E. holding that there is no impermissible modification of the note because the very terms of the note allow for prepayment without a penalty

assistant: The best answer is B. holding that the situs of debt for purposes of the act of state doctrine was not in dubai when the terms of the relevant promissory note provided that the note was payable in united states dollars at the place of the holders designation
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: award within the three-month limitations period bars him from raising the alleged invalidity of the award as a defense in opposition to a motion to confirm the award. Cullen v. Paine, Webber, Jackson & Curtis, Inc., 863 F.2d 851, 854 (11th Cir.), cert. denied, -U.S. -, 109 S.Ct. 3159, 104 L.Ed.2d 1022 (1989). Here, Hume failed to move to vacate the award within three months of the time the award was issued. Under Cullen, Hume is therefore barred from raising §§ 10 and 11 defenses in this motion to confirm. 5 . This case was decided prior to the close of business on September 30, 1981, and is binding precedent under Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981) (en banc). 6 . Cf. O.R. Securities v. Professional Planning Assoc., 857 F.2d 742, 748 (11th Cir.1988) (<HOLDING>). Bonar v. Dean Witter Reynolds, Inc., 835 F.2d Options: A. holding in the analogous context of a motion to vacate an arbitration award under 9 usc 12 that pjlaintiffs were required to serve notice through the united states marshal and that because the notice requirement expressly addresses the manner of serving notice of motion to vacate the federal rules of procedure relating to service are inapplicable B. holding that an aaa arbitration was a private proceeding and therefore that a decision by the arbitrator pursuant to the federal arbitration act did not constitute state action C. holding that because the federal arbitration act provides that requests for relief should be made by motion rather than by filing a complaint the rules of notice pleading provided for in fedrcivp 8 do not apply to a proceeding to vacate an arbitration award D. holding that an order remanding an arbitration award is not a final appealable order when the order does not also vacate the arbitration award E. holding that the role of the courts is limited to ascertaining whether there exists one of the specific grounds for the vacation of an award as provided in 10 of the arbitration act and that the court should not review the arbitration proceeding for errors of law or fact

assistant: The best answer is C. holding that because the federal arbitration act provides that requests for relief should be made by motion rather than by filing a complaint the rules of notice pleading provided for in fedrcivp 8 do not apply to a proceeding to vacate an arbitration award
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: Agro, 555 F.3d at 470 (quoting 29 C.F.R. § 1630, App., § 1630.9). The denial of such a reasonable accommodation is, in and of itself, proscribed activity: It is unlawful for a covered entity not to make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or em ployee with a disability, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of its business. 29 C.F.R. § 1630.9. Moreover, the Fifth Circuit has recognized the importance of focusing upon an employer’s failure to accommodate a disability, rather than whether an employee suffered an “adverse employment action.” See, e.g., Bridges v. Dept. of Social Servs., No. 00-30804, 2001 WL 502797, at *1 (5th Cir. Apr. 27, 2001) (<HOLDING>). Relying upon the court’s reasoning in Options: A. holding that although the plaintiff has suffered no adverse employment action she may still raise a claim of discrimination based on the alleged failure reasonably to accommodate her disability B. holding that the plaintiff failed to raise an issue of fact regarding her retaliation claim because she failed to offer any evidence of a causal relationship between her involvement in protected activity and the adverse employment action C. holding that regarded as claim is reasonably related to claim of discrimination on the basis of disability alleged in eeoc charge D. holding that regarded as claim was reasonably related to claim of discrimination on the basis of disability E. holding that a failure to accommodate claim is separate and distinct from a claim of discriminatory treatment under the ada and pointing out that a failure to accommodate claim and a claim of discriminatory treatment under the ada are not like or reasonably related to one another and one cannot expect a failure to accommodate claim to develop from an investigation into a claim that an employee was terminated because of a disability

assistant: The best answer is A. holding that although the plaintiff has suffered no adverse employment action she may still raise a claim of discrimination based on the alleged failure reasonably to accommodate her disability
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 Executive shall, during the Term, be entitled to a vacation of five (5) nonconsecutive weeks per annum, in addition to holidays observed by the Company. The Executive shall be entitled to carry any unused, accrued vacation forward from one year of employment to the next, and any such vacation days will not be forfeited without payment. In addition, unless otherwise provided by the Company’s vacation policy or required by law, the Executive will not forfeit payment for any unused, accrued vacation days upon termination of employment.

assistant: Vacations
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 consummation of the purchase and sale of the Property (the “ Closing ”) shall take place on or before September 15, 2016 or at earlier date as mutually agreed to in writing by the parties (the “ Closing Date ”). The Closing shall be conducted through an escrow with the Escrow Holder, with escrow fees to be paid equally by Seller and Buyer. IT IS AGREED THAT TIME IS OF THE ESSENCE OF THIS AGREEMENT. Notwithstanding the foregoing, solely in order to allow Buyer an additional period of time to meet or otherwise satisfy any deadlines, obligations or requirements imposed by the lender providing financing to Buyer for its acquisition of the Property hereunder, as and to the extent applicable, Buyer shall have the one (1) time option to extend the Closing Date by up to twenty (20) days, provided that at least three (3) business days prior to the then-scheduled Closing Date: (i) the option is exercised by delivery of a written extension notice to Seller, and (ii) an additional Two Hundred Thousand and 00/100 Dollars ($200,000.00) (the “ Extension Deposit ”) is tendered to the Escrow Agent no later than 5:00 pm (Eastern) in which case such additional $200,000 shall be deemed part of the Deposit as defined above. Notwithstanding anything to the contrary contained herein, Buyer shall submit a loan application within fifteen (15) days of the Effective Date.

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: Since December 31, 2016, there has been no event, change, circumstance or occurrence that could reasonably be expected to have a Material Adverse Effect. Each of the Parent, the Borrower and any other Loan Party is Solvent after giving effect to Section 30 of the Guaranty. The Parent, the Borrower, the other Loan Parties and the other Subsidiaries, on a consolidated basis, are Solvent.

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: the person an opportunity to clear his name.” Codd, 429 U.S. at 627, 97 S.Ct. 882. Due process guarantees only “an opportunity to be heard at a meaningful time and in a meaningful manner.” Tibbetts v. State Acc. Ins. Fund Corp., No. CIV. 06-503-AC, 2008 WL 4144441, at *6 (D.Or. Sept. 4, 2008) (quoting Mathews v. Eldridge, 424 U.S. 319, 333, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976)). Despite Hoy’s contentions, there is no Ninth Circuit case which requires a name-clearing hearing include the formal, trial-like procedures he requested. See Vanelli, 667 F.2d at 780 (explaining the panel did “not reach the question whether under these [post-termination] circumstances there is necessarily a right to cross-examine ... witnesses.”); see also Chilingirian v. Boris, 882 F.2d 200, 205 (6th Cir.1989) (<HOLDING>). In sum, Hoy has failed to show he was Options: A. holding that due process requirements were satisfied where the plaintiff had opportunity to hear and crossexamine all adverse witnesses and to attempt to rebut their claims of insubordination and mishandling of funds B. holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present C. holding that where appellant was put on notice of disciplinary charges against him and was afforded opportunity to respond to boards recommendation demands of due process were satisfied D. holding that the state courts factfinding procedure was adequate even though it did not hold an evidentiary hearing because hearing as used in 2254d does not require a trialtype hearing at which live testimony is presented and the accused has the opportunity to crossexamine witnesses E. holding that a nameclearing hearing for a terminated city attorney satisfied due process even though he was not allowed to crossexamine witnesses because he had ample opportunity to refute the charges against him

assistant: The best answer is E. holding that a nameclearing hearing for a terminated city attorney satisfied due process even though he was not allowed to crossexamine witnesses because he had ample opportunity to refute the charges against 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: Each of the Administrative Agent and each Lender agrees to keep confidential all non-public information provided to it hereunder with respect to any Credit Party pursuant to this Agreement that is designated by such Credit Party as confidential; provided that nothing herein shall prevent the Administrative Agent or any Lender from disclosing any such information (a) to the Administrative Agent, any other Lender or, subject to an agreement to comply with the provisions of this Section, any Lender Affiliate, (b) subject to an agreement to comply with the provisions of this Section, to any assignee or participant or prospective assignee or participant or any actual or prospective direct or indirect counterparty to any Hedging Transaction (or any professional advisor to such counterparty), (c) on a need-to-know basis, to its employees involved in the administration of this Agreement or any other Credit Document, directors, agents, attorneys, accountants, consultants and other professional advisors or those of any of its Affiliates (each of whom shall be instructed to hold the same in confidence), (d) upon the request or demand of any Governmental Authority having supervisory authority over such Lender, (e) in response to any order of any court or other Governmental Authority or as may otherwise be required pursuant to any Requirement of Law, (f) that has been publicly disclosed other than in breach of this Agreement, (g) to the National Association of Insurance Commissioners or any similar organization or any nationally recognized rating agency that requires access to information about a Lender’s investment portfolio in connection with ratings issued with respect to such Lender, (h) in connection with the exercise of any remedy hereunder or under any other Credit Document, (i) with the consent of the Borrower or (j) that becomes available to the Administrative Agent or any Lender or any of their respective Affiliates on a nonconfidential basis from a source other than the Borrower or any of its Subsidiaries.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Section 3.14 of the Disclosure Certificate sets forth a description of all insurance maintained by or on behalf of the Loan Parties and their Subsidiaries as of the Effective Date. As of the Effective Date, all premiums in respect of such insurance have been paid. The Borrowers maintain, and have caused each Subsidiary to maintain, with financially sound and reputable insurance companies, insurance on all their real and personal property in such amounts, subject to such deductibles and self-insurance retentions and covering such properties and risks as are adequate and customarily maintained by companies engaged in the same or similar businesses operating in the same or similar locations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Without limiting Section IX above, the Board of Directors may amend this Policy from time to time in its sole and absolute discretion and shall amend this Policy as it deems necessary to reflect the Final Rules, to comply with any rules or standards adopted by a national securities exchange on which the Company's securities are listed, or to comply with Section 409A or other rules, regulations, or guidance promulgated under the IRC. The Board of Directors may terminate this Policy at any time.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that was both willful and malicious. See In re Holmes, No. 11-AP-00391TOM, 2012 WL 2359909, at *3 (Bankr.N.D.Ala. June 21, 2012) (citations omitted). The U.S. Court of Appeals for the Eleventh Circuit has recently stated that, for a willful injury, proof of ‘willfulness’ requires ‘a showing of an intentional or deliberate act, which is not done merely in reckless disregard of the rights of another.’ In re Walker, 48 F.3d 1161, 1163 (11th Cir.1995) (quoting In re Ikner, 883 F.2d 986, 991 (11th Cir.1989)). ‘[A] debtor is responsible for a ‘willful’ injury when he or she commits an intentional act the purpose of which is to cause injury or which is substantially certain to cause injury.’ Id. at 1165; see also Kawaauhau v. Geiger, 523 U.S. 57, 61-62, 118 S.Ct. 974, 140 L.Ed.2d 90 (1998) (<HOLDING>). Recklessly or negligently inflicted injuries Options: A. holding that the debtors knowing act of failing to obtain workers compensation insurance so that the employer owed an employee a debt after the employee suffered a workplace injury was not the sort of willful and malicious injury required for nondischargeability under 523a6 because it cannot not be said that the employer intended for the employee to suffer a fall or that there was an unbroken chain of events leading from the employers intentional act to the employees physical injury B. holding that 523a6 requires the actor to intend the injury not just the act that leads to the injury C. holding section 107a17bs plain language does not require that the actor actually intend death or serious bodily injury an object is a deadly weapon if the actor intends a use of the object in which it would be capable of causing death or serious bodily injury D. holding that the word willful in a6 modifies the word injury indicating that nondischargeability takes a deliberate or intentional injury not merely a deliberate or intentional act that leads to injury E. holding that a mere deliberate or intentional act that causes injury is not sufficient to establish willfulness in the context of 11 usc 523a6

assistant: The best answer is B. holding that 523a6 requires the actor to intend the injury not just the act that leads to the injury
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 and the Subsidiaries own or possess adequate enforceable rights to use all patents, patent applications, trademarks (both registered and unregistered), service marks, trade names, trademark registrations, service mark registrations, copyrights, licenses and know-how (including trade secrets and other unpatented and/or unpatentable proprietary or confidential information, systems or procedures) (collectively, the " Intellectual Property "), necessary for the conduct of their respective businesses as conducted as of the date hereof, except to the extent that the failure to own or possess adequate rights to use such Intellectual Property would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect; the Company and the Subsidiaries have not received any written notice of any claim of infringement or conflict which asserted Intellectual Property rights of others, which infringement or conflict, if the subject of an unfavorable decision, would result in a Material Adverse Effect; there are no pending, or to the Company's knowledge, threatened judicial proceedings or interference proceedings against the Company or its Subsidiaries challenging the Company's or any of its Subsidiary's rights in or to or the validity of the scope of any of the Company's or any Subsidiary's patents, patent applications or proprietary information; no other entity or individual has any right or claim in any of the Company's or any of its Subsidiary's patents, patent applications or any patent to be issued therefrom by virtue of any contract, license or other agreement entered into between such entity or individual and the Company or any Subsidiary or by any non-contractual obligation, other than by written licenses granted by the Company or any Subsidiary; the Company and the Subsidiaries have not received any written notice of any claim challenging the rights of the Company or its Subsidiaries in or to any Intellectual Property owned, licensed or optioned by the Company or any Subsidiary which claim, if the subject of an unfavorable decision would result in a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise disclosed in the Annual Report or Confidential Private Placement Memorandum, there is no litigation or other legal, administrative or governmental proceeding pending or, to the knowledge of the Issuer, threatened against or relating to the Issuer or its properties or business, that if determined adversely to the Issuer may reasonably be expected to have a material adverse effect on the present or future operations or financial condition of the Issuer.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: had a superior right to the fund. A Pearlman v. Reliance Insurance Co., 371 U.S. 132, 141-42, 83 S.Ct. 232, 237, 9 L.Ed.2d 190 (1962), establishes that a surety has an equitable right of subrogation to contractor funds retained by the government when the surety pays debts of the contractor to subcontractors pursuant to a payment bond. IFIC paid bond claims totalling more than $100,000 and claims that it is entitled to the entire balance of $34,767.50. USPS, however, relying on United States Fidelity & Guaranty Co. v. United States, 201 Ct.Cl. 1, 475 F.2d 1377 (1973), argues that a payment-bond surety lacks standing to assert a right of equitable subrogation until it shows that it has fully paid the claims of the subcontractors arising out of the contract 236, 242, 647 F.2d 1082, 1086 (<HOLDING>), cert. denied, 454 U.S. 863, 102 S.Ct. 322, 70 Options: A. holding that a suretys standing to sue comes from the fact that it is also subrogated to the contractor B. holding that if contractor is hable to sub that liability though not yet satisfied by payment might well constitute actual damages to the contractor and sustain their suit under rule that contractor may only sue to recover its own damages C. recognizing that while in a diversity case a federal court may not address the plaintiffs claim unless the plaintiff has standing to sue under state law the plaintiff must also meet article iii standing requirements D. holding that employers have standing to sue E. holding that plaintiffs lacked standing to sue

assistant: The best answer is A. holding that a suretys standing to sue comes from the fact that it is also subrogated to the contractor
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: Pre-2004 Ownership of the Happy Man, Happy Soul, and Happy Soul with a Hook Sound Recordings “Sound recordings are ‘derivative’ works of the preexisting musical composition, and to obtain a copyright in a sound recording one must secure a license from the copyright owner of the underlying work.” In re Cellco P’ship, 663 F.Supp.2d 363, 369 n. 6 (S.D.N.Y. 2009); see also Pl.’s Br. at 32. Because the Sound Recordings at issue here were created pri- or to 1972, they are not protected by federal copyright law, but instead “are protected by state common law on copyright infringement.” Arista Records LLC v. Lime Grp. LLC, 784 F.Supp.2d 398, 436 (S.D.N.Y.2011) (citing 17 U.S.C. § 301(c); Capitol Records, Inc. v. Naxos of Am., Inc., 4 N.Y.3d 540, 797 N.Y.S.2d 352, 830 N.E.2d 250, 263-64 (2005) (<HOLDING>)). A claim for infringement pursuant to New Options: A. recognizing an unfair competition claim pursuant to new york common law with respect to the electronic file sharing of record companies pre1972 recordings B. holding that new york law applies to this matter C. holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership D. recognizing that new york common law protects pre1972 sound recordings E. recognizing the rule and surveying new york law

assistant: The best answer is D. recognizing that new york common law protects pre1972 sound recordings
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices under this Agreement shall be in writing and shall be sent by registered or certified mail, postage prepaid, or by overnight courier service, to the attention of the Legal Department at the addresses of the respective Parties set forth in the first paragraph of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Warrant Agreement and the Global Warrant Certificate constitute the entire agreement of the Company, the Warrant Agent and the Global Warrant Holder with respect to the subject matter hereof and supersede all prior agreements and undertakings, both written and oral, among the Company, the Warrant Agent and the Global Warrant Holder with respect to the subject matter hereof.

assistant: Entire Agreements