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: the debtors to pay attorneys’ fees associated with collecting any default. These charges also have not been paid by the debtors. Thus, while the debtors have resumed making their monthly payments, it is unquestionable that the debtors remain in default on their obligation. Clearly, there is a factual distinction between Belanger and the instant case. American National Bank contends that this distinction is sufficient to remove the instant ease from the purview of Belanger. The Bank argues that because of the default in this case the debtors must either reaffirm their obligation or redeem the debt in order to retain the collateral under § 521(2). I agree with American National Bank that the holding in Belanger is not directly applicable to the instant case. See Boodrow, 126 F.3d at 48 (<HOLDING>); Johnson, 89 F.3d at 251 (“The Fourth Circuit Options: A. holding that where parties to an oral loan agreed that the loan would be repaid on demand the statute of limitations did not begin to run until the date plaintiff demanded repayment of the loan B. recognizing that belanger applies to debtors who are current on a loan C. holding that 1322b2 prohibits modification of the interest rate on the loan on the debtors principal residence D. holding that the guarantor of debtors loan is a creditor by virtue of his right to reimbursement from debtor E. holding that consideration for guaranty of loan previously made was that guarantors friend the bank manager who issued the loan would not lose his job for making a bad loan

assistant: The best answer is B. recognizing that belanger applies to debtors who are current on a loan
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to commit the crime in the manner specified. Voluntary abandonment of purpose after an act constituting an attempt is not a defense. The definition in the 1928 and 1949 Manuals was as follows: An attempt to commit a crime is an act done with intent to commit that particular crime, and forming part of a series of acts which will apparently, if not interrupted by circumstances independent of the doer’s will, result in its actual commission. Para. 152c, Manual for Courts-Martial, U.S. Army, 1928; para. 183c, Manual for Courts-Martial, U.S. Army, 1949. The Articles for the Government of the Navy also did not have any general statutory prohibition of attempts; but apparently they often were punishable as lesser-included offenses. See, e.g., section 91, Naval Courts and Boards, 1937 (<HOLDING>) According to naval law: If an attempt is not Options: A. holding that where an agent is guilty of independent fraud for his benefit knowledge of the fraud is not imputed to the principal B. recognizing attempted fraud as a lesserincluded offense of fraud in violation of article 14 for the government of the navy C. holding that under the pre1986 jurisdictional limitation a claim by the state which discovered the fraud investigated the fraud disclosed the fraud to the federal government and which was the original source of the information was jurisdictionally barred D. holding that the issue of fraud was precluded because the previous jury necessarily considered fraud as the basis for chapter 93a liability E. holding that a plaintiff cannot avoid the securities fraud exception by pleading mail fraud or wire fraud if the conduct giving rise to those offenses also amounts to securities fraud

assistant: The best answer is B. recognizing attempted fraud as a lesserincluded offense of fraud in violation of article 14 for the government of the navy
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: in the event of any conflict between these conditions of use and any other amazon or third-party terms applicable to any portion of amazon software , such as open-source license terms , such other terms will control as to that portion of the amazon software and to the extent of the conflict .

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 legal provision and list the applicable contract clause categories. Provision: Except as set forth in the Disclosure Schedule and the SEC Reports, none of the officers or directors of Company or any Subsidiary and, to the knowledge of Company, none of the employees of Company or any Subsidiary is presently a party to any transaction with Company or any Subsidiary (other than for services as employees, officers and directors), including any contract, agreement or other arrangement providing for the furnishing of services to or by, providing for rental of real or personal property to or from providing for the borrowing of money from or lending of money to, or otherwise requiring payments to or from any officer, director or such employee or, to the knowledge of Company, any entity in which any officer, director, or any such employee has a substantial interest or is an officer, director, trustee, stockholder, member or partner, in each case in excess of $10,000 other than for: (i) payment of salary or consulting fees for services rendered, (ii) reimbursement for expenses incurred on behalf of Company and (iii) other employee benefits, including stock option agreements under any stock option plan of Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company anticipates using the gross proceeds from the Offering as set forth on Exhibit D or as otherwise agreed to be the lead investor set forth on Exhibit E , attached hereto (the “ Lead Investor ”.

assistant: Use Of Proceeds
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: Silverman, No. Civ.00-2274 JRT, 2004 WL 2066778, *4 (D.Minn. Aug. 26, 2004) (finding any award of fees was “clearly inappropriate,” because the respondent was “unable to absorb the necessarily minimal expenses for her family in addition to any fee award, [so that] an award of fees would impair significantly her ability to care for her children”); but see Neves v. Neves, 637 F.Supp.2d 322, 345 (W.D.N.C.2009) (concluding that an award of fees and costs was not “clearly inappropriate,” even though the respondent was then unemployed and had no assets in the United States, where he owned a two-story building in Germany that he estimated would rent for about $2,000 per month). After careful consideration of equitable principles and pertinent factors in this case, see Ozaltin, 708 F.3d at 375 (<HOLDING>), I conclude that it is “clearly inappropriate” Options: A. holding that an attorneys fees award is not appealable until the amount of the award is set B. holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency C. holding proper basis for award of fees D. holding that an award for medical expenses is proper when the expenses have been incurred but not paid E. recognizing that an award of fees and expenses under the convention and icara involves equitable principles

assistant: The best answer is E. recognizing that an award of fees and expenses under the convention and icara involves equitable principles
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: I NATION BY OFFICER WITHOUT GOOD R E ASON . Officer may terminate his employment under this Agreement at any time other than for Good Reason (as defined in Section 18 herein) upon the provision of sixty (60) days prior written notice to the Company. In such event, the Company shall pay Officer the Accrued Rights, and officer shall not be entitled to any other benefits under this Agreement following the date of termination of this employment with the Company. In the event Officer gives notice of his intent to terminate his employment other than for Good Reason, the Company may elect to waive the period of notice or any portion thereof and accept Officer's resignation prior to the end of the notice period.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: benefits to a claimant's surviving spouse for the duration of the spouse’s life where the claimant died of a non-work related cause while his claim was still pending. 217 S.W.3d 900, 901-03 (Mo. banc 2007). The General Assembly amended sections 287.020.1, 287.200, and 287.230 the next year (in 2008) to abrogate Schoemehl, and to make it clear that “compensation for a permanent total disability is payable only during the lifetime of the injured employee and is not payable to dependents after the employee’s death when the employee dies from causes unrelated to the work injury." Gervich v. Condaire, Inc., 370 S.W.3d 617, 620-21 (Mo. banc 2012). Missouri courts thereafter concluded that the 2008 amendments to the Workers' Compensation Act could not be retroacti -02 (Mo. banc 2008) (<HOLDING>). Strait held that if a worker’s compensation Options: A. holding new time period of 28 usc 2244d inapplicable to pending habeas petition where period ended before amendments effective date B. holding retroactive application of the act to prosecution that was pending before the effective date of the act was precluded because the act is prospective C. holding that statute which became effective after claimants death but prior to the trial of wrongful death case was remedial constitutional and governed pending litigation proceedings that were pending when statute was enacted D. holding that children could receive permanent total disability payments after the death of their mother where the mothers claim was pending before the effective date of the 2008 statutory amendments and was still pending at the time of her death E. holding that wife could receive permanent total disability payments after the death of her husband where the husbands claim was pending before the effective date of the 2008 statutory amendments and was still pending at the time of his death even though husbands death occurred after the effective date of the 2008 statutory amendments as wifes status as a dependent was subject to determination as of the time of husbands injury

assistant: The best answer is D. holding that children could receive permanent total disability payments after the death of their mother where the mothers claim was pending before the effective date of the 2008 statutory amendments and was still pending at the time of her death
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: For the benefit of each Loan Party, the Borrower has (a) all insurance policies sufficient for the compliance by the Loan Parties with all material Governmental Requirements and all material agreements and (b) insurance coverage, or self-insurance, in at least such amounts and against such risk (including public liability) that are usually insured against by companies similarly situated and engaged in the same or a similar business for the assets and operations of the Loan Parties. Schedule 7.12 , as of the date hereof, sets forth a list of all insurance maintained by the Borrower. The Administrative Agent, as agent for the benefit of the Secured Parties, has been named as additional insureds in respect of such liability insurance policies and the Administrative Agent, as agent for the benefit of the Secured Parties, has been named as loss payee with respect to Property loss insurance.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: ( 9 ) comprised of partial or complete sentence ( e.g. , `` inyourface '' , `` welovebeef '' , etc ) ;

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 legal provision and list the applicable contract clause categories. Provision: Such Shareholder has all necessary legal capacity, power and authority to execute and deliver this Agreement and to perform its obligations hereunder. This Agreement has been duly executed and delivered by such Shareholder and, assuming it has been duly and validly authorized, executed and delivered by the other parties hereto, constitutes a legal, valid and binding obligation of such Shareholder, enforceable against such Shareholder in accordance with its terms, except to the extent that enforceability may be limited by (i) applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or other similar laws now or hereafter in effect relating to creditors’ rights generally, and (ii) general principles of equity.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All representations and warranties made by Borrower to Lender hereunder and under the Credit Documents are true and correct as if made on and as of the date hereof. No Event of Default (however defined) under any Credit Document has occurred and no Default (however defined) under any Credit Document has occurred and remains outstanding or uncured.

assistant: Warranties
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: Neither the execution or delivery by the 12RT Shareholders of this Agreement to which the 12RT Shareholders are a party nor the consummation or performance by the 12RT Shareholders of the transactions contemplated hereby or thereby will, directly or indirectly, (a) contravene, conflict with, or result in a violation of any provision of the organizational documents of the 12RT Shareholders; (b) contravene, conflict with, constitute a default (or an event or condition which, with notice or lapse of time or both, would constitute a default) under, or result in the termination or acceleration of, any agreement or instrument to which any of the 12RT Shareholders are a party or by which the properties or assets of the 12RT Shareholders is bound; or (c) contravene, conflict with, or result in a violation of, any law or order to which any of the 12RT Shareholders, or any of the properties or assets of the 12RT Shareholders, may be subject.

assistant: No Conflicts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by, enforced, and construed under and in accordance with the laws of the United States of America and, with respect to the matters of state law, with the laws of the State of Delaware. Venue for all matters shall be in San Francisco, California, without giving effect to principles of conflicts of law thereunder. Each of the parties (a) irrevocably consents and agrees that any legal or equitable action or proceedings arising under or in connection with this Agreement shall be brought exclusively in the federal courts of the United States. By execution and delivery of this Agreement, each party hereto irrevocably submits to and accepts, with respect to any such action or proceeding, generally and unconditionally, the jurisdiction of the aforesaid court, and irrevocably waives any and all rights such party may now or hereafter have to object to such jurisdiction.

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: The Company shall have the right to withhold from any amount payable hereunder any Federal, state and local taxes in order for the Company to satisfy any withholding tax obligation it may have with respect to such amount under any applicable law or regulation.

assistant: Withholdings
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: goals and policies of the penal institution limits these retained constitutional rights.”); Katz, 389 U.S. at 353, 359, 88 S.Ct. 507 (The Katz Court concluded that where the government electronically listened to and recorded the defendant’s conversations while he used a public telephone, the actions of the government violated the defendant’s privacy, and the constitutional standards of the Fourth Amendment. This case included no evidence that the defendant received notice or any indication that his calls would be monitored or recorded.); In the Matter of An Anonymous Member of the S.C. Bar, 404 S.E.2d at 514 (ruling that an attorney shall not record the conversation of any person without the prior knowledge and consent of all parties to the conversation); Forrester, 541 S.E.2d at 843 (<HOLDING>). In sum, all of the aforementioned cases are Options: A. holding that evidence was inadmissible because it was not within the scope of defendants oral preseizure consent to a cursory visual inspection and the seizure was conducted prior to not pursuant to the defendants written consent to conduct a complete search B. holding that it was unreasonable to believe that womans boyfriend had authority to consent to the search of her purse even though he had authority to consent to the search of the car in which it was kept C. holding that a search exceeded the scope of the initial oral consent and was not validated by a subsequent written consent an allegedly consensual seizure must stand or fall on the basis of the consent preexisting the seizure D. holding that the defendants consent to allow the officer to search her purse by way of holding it open for the officer was for consent to a limited view of the purses interior not to surrender possession for an unrestricted search and thus the officer exceeded the scope of the defendants consent E. holding that it was objectively reasonable for the police to conclude that the general consent to search the respondents car included consent to search a bag within that car

assistant: The best answer is D. holding that the defendants consent to allow the officer to search her purse by way of holding it open for the officer was for consent to a limited view of the purses interior not to surrender possession for an unrestricted search and thus the officer exceeded the scope of the defendants consent
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: we treat the IJ’s decision as if it were that of the BIA. See Al-Harbi v. INS, 242 F.3d 882, 887 (9th Cir.2001). We accord deference to the IJ’s credibility determination because she was in the best position to observe the witness’s tone and demeanor. See Sarvia-Quintanilla v. INS, 767 F.2d 1387, 1395 (9th Cir.1985). An IJ may rely on “any relevant factor” and base a decision on the “totality of the circumstances.” Ren v. Holder, 648 F.3d 1079, 1084-85 (9th Cir.2011). The factors utilized in making this determination need not go “to the heart of an applicant’s claim.” Id. at 1084. An IJ, however, must give the alien an opportunity to explain perceived inconsistencies and may not rely on trivial inconsistencies or speculation. See, e.g., Kin v. Holder, 595 F.3d 1050, 1056 (9th Cir.2010) (<HOLDING>) (citing Arulampalam v. Ashcroft, 353 F.3d 679, Options: A. holding that in the absence of an adverse credibility determination the court must accept petitioners testimony as true B. holding that an adverse credibility determination under the real id act must take into account the totality of the circumstances and all relevant factors C. holding that adverse credibility determinations under the real id act must take into consideration the individual circumstances of the applicant D. holding that after the real id act the ij must still provide specific examples of a petitioners demean or that would support this basis for an adverse credibility determination E. holding an ij must to address a petitioners explanation for inconsistencies to rely upon them as the basis for an adverse credibility finding

assistant: The best answer is D. holding that after the real id act the ij must still provide specific examples of a petitioners demean or that would support this basis for an adverse credibility determination
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: Such Grantor will not create, incur, or suffer to exist any Lien on the Collateral owned by it except (i) the security interest created by this Security Agreement, and (ii) Liens permitted pursuant to Section 6.02 of the Credit Agreement.

assistant: Liens
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: False Claims Act claims against this Defendant.” Furthermore, the government was concerned that “a dismissal “with prejudice’ could be interpreted to include the Government and not just the Relator for claim-preclusion purposes.” On November 20, 2001, despite the government’s arguments, the district court entered the consent order as drafted by Lampers’ attorney and approved by Smith. The district court did not issue an opinion. The government timely appealed. Although the government declined to intervene in the action against Lampers, no party disputes that the government has standing to appeal the district court’s final judgment dismissing the case with prejudice over the government’s objection. See Searcy v. Philips Electronics North America Corp., 117 F.3d 154, 158 (5th Cir.1997) (<HOLDING>); see also Health Possibilities, 207 F.3d at Options: A. holding that the government has standing to appeal a district courts dismissal of an fca qui tam action over the governments objection even though the government did not formally intervene in the action B. holding that private individuals can assert the federal governments interests in a qui tam suit because they have their own pecuniary interest as partial assignees of the governments pecuniary claim C. holding that an unnamed plaintiff that did not intervene nonetheless had standing to appeal a class action settlement D. holding an unnamed class member who did not intervene in the action lacked standing to appeal district courts order awarding attorneys fees E. holding that the district court did not err in instructing the jury not to draw any adverse inferences from the governments failure to call a witness because the witness did not have a relationship with the government such that one would expect him to give testimony in favor of the government

assistant: The best answer is A. holding that the government has standing to appeal a district courts dismissal of an fca qui tam action over the governments objection even though the government did not formally intervene in the action
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: building is a “violent felony.” The law is extremely clear that, for the purposes of determining armed career criminal status, burglary of a commercial establishment does fall within the meaning of “violent felony.” See Taylor v. United States, 495 U.S. 575, 598-602, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). The Fourth Circuit has specifically held that burglary, for purposes of § 924(e), means “generic burglary, a crime consisting of three necessary elements: (1) an unlawful or unprivileged entry or remaining in; (2) a building or other structure; (3) with intent to commit a crime.” United States v. Bowden, 975 F.2d 1080, 1083 (4th Cir.1992) (applying North Carolina law); see also United States v. LaForce, 1994 WL 584678, 1994 U.S.App. LEXIS 29873 (4th Cir.1994) (unpublished opinion) (<HOLDING>). Defendant’s offenses, on January 22, 1992, Options: A. holding that iowa burglary is not categorical burglary as the elements of iowa burglary law are broader than those of generic burglary B. holding that possession of burglary tools is an offense separate from burglary C. holding that virginia burglary statute comes within definition of generic burglary D. holding that first degree burglary under oregon law is broader than the definition of generic burglary because the statute does not limit burglary to buildings or structures but also includes nonstructures such as booths vehicles boats and aircraft that are regularly or intermittently used as lodgings E. holding that a conviction under a divisible statute could not qualify as acca burglary pursuant to the modified categorical approach when there were no shepard documents to show that the crime of conviction was generic burglary

assistant: The best answer is C. holding that virginia burglary statute comes within definition of generic burglary
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: All written Confidential Information delivered by one party hereto to the other party pursuant to the Agreement shall be and remain the property of the delivering party, and upon the written request of the delivering party, the receiving party shall (i) promptly return such Confidential Information and shall not retain any copies or other reproductions or extracts thereof, (ii) destroy or have destroyed all memoranda, notes, reports, analyses, compilations, studies, interpretations, or other documents derived from or containing Confidential Information, and all copies and other reproductions and extracts thereof, and

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 legal provision and list the applicable contract clause categories. Provision: An Eligible Employee described in Section 4.1 shall be entitled to benefits under Employer-sponsored medical, dental and vision benefit plans, as amended from time to time, through the end of the WARN Notice Period on the same terms and under the same conditions as applied to the Eligible Employee immediately prior to the Triggering Event or the Change in Control Severance Event. The benefits under this Section 4.2 are not subject to the Waiver and Release Agreement.

assistant: Benefits
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 Investor covenants that it shall use one or more broker-dealers to effectuate all sales, if any, of the Shares that it may purchase from the Company pursuant to this Agreement which (or whom) shall be unaffiliated with the Investor (the “ Broker-Dealer ”). The Investor shall provide the Company with all information regarding the Broker-Dealer reasonably requested by the Company. The Investor shall be solely responsible for all fees and commissions of the Broker-Dealer, which shall not exceed customary brokerage fees and commissions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The original effective date of the Plan was January 1, 1997 and the Plan as Amended and Restated herein shall commence on the Effective Date, subject to the terms of the Plan, including those requiring approval by the shareholders of the Company and those limiting the period over which any Benefits may be granted, shall continue in full force and effect until terminated.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves [plaintiff] from its obligations to attach documents to pleadings if those documents are of public record.” (Comp, para. 3.) The complaint thus supplied its own unassailable interpretation of the rule it invoked, which provides, in pertinent part, A party may incorporate by reference [in a pleading] any matter of record in any State or Federal court of record whose records are within the county in which the action is pending, or any matter which is recorded or transcribed verbatim in the office of the prothonotary, clerk of any court of record, recorder of deeds [,] or register of wills of such county. Pa.R.C.P. 1019(g); cf. US Bank v. Mallory, 982 A.2d 986, 992-94 (Pa. Super. Ct. 2009) (Stevens, J.) (<HOLDING>). In response to the specific pleading in Options: A. holding plaintiff did not have standing to challenge the validity of an assignment from mers to bac because she was not a party to the assignment and the assignment did not affect her underlying obligation to make timely payments B. holding court could consider a mortgage agreement not attached to the complaint in ruling on motion to dismiss because the complaint refers to the mortgage numerous times the mortgage is attached to this motion and is central to plaintiffs claims C. holding assignment of a mortgage was not subject to article 9 D. holding parcp 1019 and parcp 1147 did not require that a preformalized assignment of a mortgage be recorded or attached to the complaint and assignee did not have to have recorded assignment to have standing to seek enforcement of mortgage in foreclosure action E. holding article 9 inapplicable to an assignment of a mortgage on real estate

assistant: The best answer is D. holding parcp 1019 and parcp 1147 did not require that a preformalized assignment of a mortgage be recorded or attached to the complaint and assignee did not have to have recorded assignment to have standing to seek enforcement of mortgage in foreclosure action
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: During the “Term” (as defined in Section 3 below), the Company will pay to Executive a base salary at a rate of $395,000 per annum, which may be reviewed and increased (but not decreased) from time to time in the normal course of business (such annual salary, as in effect from time to time, to be referred to herein as “ Base Salary ”). Executive’s Base Salary will be payable in accordance with the Company’s normal payroll practices.

assistant: Base Salary
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 expressly provided in this Agreement, this Agreement constitutes the entire agreement of the Parties hereto with respect to the subject matter of this Agreement and supersedes all prior agreements and undertakings, both written and oral, between or on behalf of the Parties hereto with respect to the subject matter of this Agreement. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of the Distribution Agreement, the provisions of this Agreement shall govern and control.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if we believe , in our sole discretion , that any member of academia.edu or academia premium or other academia.edu paid services is in breach of our terms , or act outside of the letter or spirit of our terms , we reserve the right to add limitations to your access to www.academia.edu , up to and including terminating all access to www.academia.edu .

assistant: Unilateral change, Unilateral termination
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 Supplement H-6 Participant with a portion of his or her Account consisting of amounts transferred from the JTL Plans in connection with the merger of such plans, shall be fully vested in such Participant’s account balances as pursuant to Section 4.2 of the Plan.

assistant: Vesting
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: linden lab has no obligation to become involved in any dispute that you may have or claim to have with one or more users of the service , or in any manner in any resolution thereof .

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 legal provision and list the applicable contract clause categories. Provision: Notwithstanding any other provision of this Agreement or the Plan, Awards of Restricted Stock Units that have not previously vested will vest in accordance with the provisions of Annex A in connection with a Change in Control or a Time Warner Transaction.

assistant: Change In Control
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: No failure or delay on the part of any party in exercising any right, privilege, power, or remedy under this Agreement, and no course of dealing shall operate as a waiver of any such right, privilege, power or remedy; nor shall any single or partial exercise of any right, privilege, power or remedy under this Agreement preclude any other or further exercise of any such right, privilege, power or remedy or the exercise of any other right, privilege, power or remedy. No waiver shall be asserted against any party unless signed in writing by such party. The rights, privileges, powers and remedies available to the parties are cumulative and not exclusive of any other rights, privileges, powers or remedies provided by statute, at law, in equity or otherwise.

assistant: Remedies
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: tests for the three common date-rape drugs all came back negative, and all the witnesses testified that M.W. did not seem to be intoxicated. Indeed, even M.W. testified that she felt more tired than intoxicated. Thus, notwithstanding M.W.’s testimony, the record contains substantial evidence that appears to support appellant’s claim that he did not know or have reason to know that M.W. was physi cally helpless or that their sexual activity was nonconsensual. However, the language cited by appellant from Ani is mere dictum. State v. Folley, 378 N.W.2d 21, 25 (Minn.App.1985). The present state of the law in Minnesota is that a complainant’s testimony need not be corroborated in a prosecution for criminal sexual conduct. See State v. Halvorson, 506 N.W.2d 331, 335-36 (Minn.App.1993) (<HOLDING>); State v. Haala, 415 N.W.2d 69, 79 Options: A. holding testimony of a 19yearold victim of criminal sexual conduct was sufficient for the jury to believe her story over that of the defendant B. holding a sleeping victim of sexual abuse was particularly susceptible to criminal conduct C. holding that evidence of prior uncharged sexual conduct with the victim is admissible to corroborate the victims testimony D. holding tenyearolds unequivocal testimony about her father touching her was sufficient to convict him for seconddegree criminal sexual conduct despite his claim that the story was fabricated E. holding that uncharged sexual acts committed upon the same victim are admissible to show the conduct of the defendant toward the victim and to corroborate the evidence of the offense charged in the indictment

assistant: The best answer is A. holding testimony of a 19yearold victim of criminal sexual conduct was sufficient for the jury to believe her story over that of the defendant
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 Guarantor agrees that the provisions of Section 2.14 shall be applicable, mutatis mutandis , to all payments required to be made by the Guarantor under the Guaranty, as if each reference in such Section to the Borrower were a reference to the Guarantor.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Section headings and the Table of Contents used herein are for convenience of reference only, are not part of this Agreement and are not to effect the construction of, or to be taken into consideration in interpreting, this Agreement.

assistant: Headings
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 majority’s opinion that court costs are likewise not awardable. Utah Code' Ann. § 13 — 7—4(d) (1992) states: Any business establishment or place of public accommodation or enterprises regulated by the state charged with maintaining a public nuisance in violation of this act, which is determined or found not to be in violation of this act, may be awarded all actual and necessary expenses incurred in defending such action, as determined and approved by the court having jurisdiction of the matter. Thus, under the plain language of this section, the decision to award expenses rests with the discretion of the trial court. Expenses related to defending a cause of action clearly include court costs. See, e.g., Copper Liquor, Inc. v. Adolph Coors Co., 684 F.2d 1087, 1098 (5th Cir.1982) (<HOLDING>), rev’d on other grounds, International Options: A. holding that simple assault includes urinating on another B. holding that deposition expenses are an allowable cost C. holding that personal grooming expenses are not deductible D. holding that deposition expenses are not an allowable cost E. holding that expenses includes costs

assistant: The best answer is E. holding that expenses includes costs
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: No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened (including “cease and desist” letters and invitations to take a patent license) by or against the Borrower or its Domestic Restricted Subsidiaries or against any of their respective properties, rights or revenues that, in the aggregate, would reasonably be expected to have a Material Adverse Effect.

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 legal provision and list the applicable contract clause categories. Provision: Each Purchaser, severally and not jointly with the other Purchasers, covenants that neither it nor any Affiliate acting on its behalf or pursuant to any understanding with it will execute any purchases or sales, including Short Sales of any of the Company’s securities during the period commencing with the execution of this Agreement and ending at such time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described in Section 4.4. Each Purchaser, severally and not jointly with the other Purchasers, covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed by the Company pursuant to the initial press release as described in Section 4.4, such Purchaser will maintain the confidentiality of the existence and terms of this transaction and the information included in the Disclosure Schedules. Notwithstanding the foregoing, and notwithstanding anything contained in this Agreement to the contrary, the Company expressly acknowledges and agrees that (i) no Purchaser makes any representation, warranty or covenant hereby that it will not engage in effecting transactions in any securities of the Company after the time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described in Section 4.4, (ii) no Purchaser shall be restricted or prohibited from effecting any transactions in any securities of the Company in accordance with applicable securities laws from and after the time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described in Section 4.4 and (iii) no Purchaser shall have any duty of confidentiality or duty not to trade in the securities of the Company to the Company or its Subsidiaries after the issuance of the initial press release as described in Section 4.4. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the covenant set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (emphasis omitted). Accordingly, “contractual language disclaiming tort liability [must] be clear enough that the intent of both parties to reheve the defendant of the claimed liability [is] unmistakable.” Id. ¶ 39. We have explained that “[t]he most effective way for parties to express an intention to release one party from liability flowing from that party’s own negligence is to provide explicitly that claims based in negligence are included in the release.” Id. at 376, 553 A.2d at 146. In Colgan, we concluded that broad exculpatory language at the end of a limited warranty clause was insufficient to shield the defendant from liability for negligent design. Compare id. at 376-77, 553 A.2d at 146, with Douglass v. Skiing Standards, Inc., 142 Vt. 634, 635-37, 459 A.2d 97, 97-99 (1983) (<HOLDING>). ¶ 40. In addition, we have recognized that Options: A. holding that a professional owes no duty to third persons unless the professional had actual knowledge that those persons would rely on his rendering of professional services B. holding that district courts failure to hold evidentiary hearing to ascertain whether defendant breached plea agreement was harmless when it was clear defendant breached agreement C. holding that burden is on government to show that error in failure to provide notice is harmless D. holding that agreement viewed in its entirety was sufficiently clear to show that experienced professional skier intended to hold ski area harmless E. holding that government must merely show that defendant knew that it was a bank that he intended to influence

assistant: The best answer is D. holding that agreement viewed in its entirety was sufficiently clear to show that experienced professional skier intended to hold ski area harmless
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 has been, and each and all of the other agreements, instruments and documents herein required to be made by Seller pursuant hereto have been, or on the Closing Date will have been, executed by or on behalf of Seller, and when so executed, are and shall be legal, valid and binding obligations of Seller enforceable against Seller in accordance with their respective terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting the rights of creditors generally and, as to enforceability, the general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

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

user: 2.3 A Receiving Party’s obligations in respect of Conﬁdential Information made available by the Disclosing Party pursuant to this Agreement shall continue notwithstanding the termination of the Purpose. 3.1 A Receiving Party shall treat and safeguard as private and conﬁdential all of the Conﬁdential Information and will take all reasonable precautions in dealing with any Conﬁdential Information so as to prevent any third party from having access to the Conﬁdential Information.

assistant: No