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: it does not create any incentives for debtors to delay payment of their real property taxes, since they would incur little benefit from such a delay. I note that the Plaintiffs had urged that we consider a variation of this approach if we rejected the statutory rate. Specifically, they had urged that we adopt the prevailing commercial market rate, but taking into account factors such as the term of the payout period, the value of security and the risk of default, the statutory rate of interest, and the characteristics of the debtor in each case. Clm. Brf. at 34. Several circuits have adopted this measure of present value for debt owed to government, albeit in the context of a Chapter 11 bankruptcy. See, e.g., In re Camino Real Landscape Maintenance Contractors, Inc., 818 F.2d at 1504 (<HOLDING>); United States v. Neal Pharmacal Co., 789 F.2d Options: A. holding that it was not improper for a lender to halt the proposed settlement and discounted payment of plaintiffs loan when the lender believed the loan would otherwise be paid in full B. holding that where a debtor borrowed money from a third party to pay off the holder of a pmsi in the collateral the effect was to extinguish the pmsi the court noted that a finding that the lender enabled the debtor to acquire rights in the collateral as 9107 requires may be possible where a nonselling lender has given value prior to the time the debtor acquires rights in the collateral C. holding that the debtor must pay the government interest at the rate the debtor would pay a commercial lender for a loan of equivalent amount and duration considering the risk of default and any security D. holding that the debtor in possession could utilize the strongarm powers of the trustee to avoid an unperfected security interest even though the debtor knew of the interest prior to bankruptcy because the two are distinct entities and the debtor in possessions responsibility is to preserve the estates assets for the benefit of the creditors E. holding debtor could include property because the bank accepted payments directly from the debtor and had previously allowed the debtor to cure default

assistant: The best answer is C. holding that the debtor must pay the government interest at the rate the debtor would pay a commercial lender for a loan of equivalent amount and duration considering the risk of default and any security
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 crime. Id. The district court dismissed on the basis of Rooker-Feldman. Id. at 95. The Second Circuit reversed, reasoning that because the injury for which McKi-then sought federal court redress “existed in its exact form prior to the state-court judgment,” it could not be “an injury ‘caused by’ the state court.” Id. at 98. Instead, the injury was “properly understood to have been simply ratified, acquiesced in, or left unpunished by [the state court].” Id. (internal quotation marks and citation omitted). We disagree with this reasoning. In our view, the “injury” in McKithen, as well as the injury in this case, did not in fact exist until the state prisoner was denied the requested DNA testing by the state court under the applicable state statutes. Cf. McCormick, 451 F.3d at 395 (<HOLDING>). For this reason, we decline to adopt the Options: A. holding that a plaintiffs 1983 claim accrued on the date of the alleged illegal search and seizure B. holding that an order was interlocutory in nature despite the trial courts certification of the order as a final appealable judgment C. holding that probate courts order of receivership violated the plaintiffs constitutional rights as an unlawful seizure and was barred because the count alleges that the state court order itself was illegal and harmed the plaintiff D. holding that court lacked jurisdiction on appeal from injunction because the order was simply an interpretation of an earlier order E. holding that the plaintiffs liability to the defendant was absolved as a result of the bankruptcy order and the defendants were barred from collecting debts from property of the plaintiffs

assistant: The best answer is C. holding that probate courts order of receivership violated the plaintiffs constitutional rights as an unlawful seizure and was barred because the count alleges that the state court order itself was illegal and harmed the plaintiff
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 particular , to the extent permitted by applicable law , we are not liable for any claims arising out of ( a ) your use of the services ( including but not limited to your participation in any activities promoted by or accessed via the services ) , ( b ) the use , disclosure , display , or maintenance of an athlete 's personal data and/or location data , ( c ) any other interactions with us or any other athletes using the services , even if we have been advised of the possibility of such damages , or ( d ) other content , information , services or goods received through or advertised on the services or received through any links provided with the services .

assistant: Limitation of liability
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 for HFF who has been engaged by Seller and for whose fees Seller will be responsible, neither Purchaser nor Seller has engaged a broker or sales agent for the purpose of introducing Purchaser to Seller, the Property or the transaction contemplated in this matter. Notwithstanding the foregoing, each party shall be solely responsible for the payment of all brokerage fees which may become due and payable to any broker hired by such party in connection with the transaction, and Purchaser shall be solely responsible for any broker or other agent fees arising as a result of any equity or debt raising activities conducted by Purchaser or its affiliates to consummate the transactions described in this Agreement. Purchaser shall indemnify Seller and hold Seller harmless from and against any claims, suits, demands or liabilities of any kind or nature whatsoever arising on account of the claim of any other person, firm or corporation to a real estate brokerage commission or a finder's fee as a result of having dealt with Purchaser, or as a result of having introduced Purchaser to Seller or to the Property. Seller shall indemnify Purchaser and save and hold Purchaser harmless from and against any claims, suits, demands or liabilities of any kind or nature whatsoever arising on account of the claim of any person, firm or corporation to a real estate brokerage commission or a finder's fee as a result of having dealt with Seller in connection with this transaction. The provisions of this Section 17 shall survive Closing and any termination of this Agreement.

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: During the Employment Period, Executive shall be eligible to participate in ( i ) each welfare benefit plan sponsored or maintained from time to time by the Company and made available generally to its executive officers, including, without limitation, each such group life, hospitalization, medical, dental, health, accident or disability insurance, vacation or similar plan or program, whether now existing or established hereafter, and ( ii ) each pension, profit sharing, retirement, deferred compensation or savings plan sponsored or maintained by the Company for its executive officers, whether now existing or established hereafter, in accordance with the generally applicable provisions thereof.

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 case excerpt and choose the best holding from the options. Case excerpt: Inc., and therefore, had standing. Accordingly, the trial court properly denied Appellants’ motion for a directed verdict on this ground. VII. Directed Verdict on Negligence Appellants contend the trial court erred in failing to grant a directed verdict on negligence. Specifically, they maintain the existence and scope of a duty are legal questions, and no evidence was presented pertaining to duties owed by Appellants to the Association. We find this issue is not preserved for our review. Although Appellants moved for a directed verdict at the close of all testimony, they did not move for a directed verdict on the specific basis that no evidence indicated they owed a duty to the Association. Creech v. S.C. Wildlife & Marine Res. Dep’t. 328 S.C. 24, 34, 491 S.E.2d 571, 576 (1997) (<HOLDING>); see also Rule 50(a), SCRCP (“A motion for a Options: A. holding that the failure to raise an issue in the opening brief waives the issue B. holding that failure to raise issue in brief constitutes waiver of appeal of the issue C. holding that defendant failed to raise a constitutional issue at trial and thus failed to preserve the issue for appellate review D. holding the appellants failure to raise a particular issue in its directed verdict motion precludes appellate review of that issue E. holding that defendant failed to raise a constitutional issue at trial and thus waived appellate review of that issue

assistant: The best answer is D. holding the appellants failure to raise a particular issue in its directed verdict motion precludes appellate review of that issue
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: 438 So.2d 1 (Fla.1983), and Daniels v. State, 595 So.2d 952 (Fla.1992), stand only for the rule that the minimum mandatory portion of an enhanced habitual offender sentence may not be imposed consecutively to any other enhanced minimum mandatory sentence arising from the same criminal episode. To date, the legislature has not enacted legislation modifying the statute upon which the holding in those cases was based. Until it does so, we find that a trial court is without authority to- enhance sentences from multiple crimes committed during a single criminal episode by both sentencing a defendant as a habitual offender and ordering that the sentences be served consecutively. Id. at 1385-1386 (italics in original, bold emphasis added); see also Pangburn v. State, 661 So.2d 1182 (Fla.1995) (<HOLDING>); Parks v. State, 701 So.2d 653, 654 (Fla. 4th Options: A. holding that the defendants sentence for robbery was not inappropriate B. holding hfo mandatory minimum sentence for robbery must run concurrently with sentences imposed for nonhfo first degree murder convictions C. holding that even if the minimum mandatory exceeds the statutory maximum the court must impose the minimum mandatory D. holding that sentence was erroneous but not void where sentence of life imprisonment without parole was imposed for first degree murder under unconstitutional penalty statute E. holding fifteen year hfo mandatory minimum sentences on the three robbery convictions were required to run concurrently with the twentyfive year nonhfo mandatory minimum on the murder sentence

assistant: The best answer is B. holding hfo mandatory minimum sentence for robbery must run concurrently with sentences imposed for nonhfo first degree murder convictions
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 provided in this Article V and in Section 6.8, Restricted Stock and Restricted Stock Units granted pursuant to this Article V shall vest in accordance with the terms and conditions as determined by the Board and set forth in the Agreement relating to such Restricted Stock Award or Restricted Stock Unit Award.

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 case excerpt and choose the best holding from the options. Case excerpt: a deprivation of a constitutional right, as required for a § 1983 civil rights conspiracy. Id. at 845. 13 . My research has uncovered a smattering of other cases, from our own circuit and others, applying harmless error analysis to a directed verdict. Like Earle, these decisions have found harmless error where the jury verdict “necessarily defeats the claim” on which a directed verdict was incorrectly granted. Goulet, 512 F.3d at 43; see id. at 42-43 (concluding that any error in directed verdict for employer on plaintiffs hybrid Labor Management Relations Act § 301 claim was harmless, where the jury’s ultimate rejection of plaintiff's § 301 claim against union was "fatal” to claim against employer); see also, e.g., Uphoff Figueroa v. Alejandro, 597 F.3d 423, 433 (1st Cir.2010) (<HOLDING>); Snyder v. Ag Trucking, Inc., 57 F.3d 484, 491 Options: A. holding that retaliation claim was reasonably related to prior sex discrimination claim B. holding court did not have jurisdiction to hear plaintiffs retaliation claim where plaintiff did not check the retaliation box or describe anything that indicates such a claim in the eeoc complaint C. holding that directing a verdict for employer on claim for willful violation of adea was harmless error because given jurys rejection of underlying adea claim it could noi have found willful violation of adea D. holding that transit authority director was entitled to immunity despite jury verdict for plaintiffs because law was not clearly established at the time that plaintiffs activities were constitutionally protected from employer retaliation E. holding that even if court erred in directing verdict for employer on plaintiffs state law retaliation claim it was harmless given the jurys finding for employer on identical federal law retaliation claim

assistant: The best answer is E. holding that even if court erred in directing verdict for employer on plaintiffs state law retaliation claim it was harmless given the jurys finding for employer on identical federal law retaliation claim
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: Upon the occurrence of any such Event of Default, Secured Party shall have the rights of a secured creditor under the UCC, all rights granted by this Agreement and by law, including, without limiting the foregoing, (a) the right to require Debtor to assemble the Collateral and make it available to Secured Party at a place to be designated by Secured Party, and (b) the right to take possession of the Collateral, and for that purpose Secured Party may enter upon premises on which the Collateral may be situated and remove the Collateral therefrom. Debtor hereby agrees that fifteen (15) days’ notice of a public sale of any Collateral or notice of the date after which a private sale of any Collateral may take place is reasonable. In addition, Debtor waives any and all rights that it may have to a judicial hearing in advance of the enforcement of any of Secured Party’s rights and remedies hereunder, including, without limitation, Secured Party’s right following an Event of Default to take immediate possession of Collateral and to exercise Secured Party’s rights and remedies with respect thereto. Secured Party may also have a receiver appointed to take charge of all or any portion of the Collateral and to exercise all rights of Secured Party under this Agreement. Secured Party may exercise any of its rights under this Section 7.2 without demand or notice of any kind. The remedies in this Agreement, including without limitation this Section 7.2, are in addition to, not in limitation of, any other right, power, privilege, or remedy, either in law, in equity, or otherwise, to which Secured Party may be entitled. No failure or delay on the part of Secured Party in exercising any right, power, or remedy will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. All of Secured Party’s rights and remedies, whether evidenced by this Agreement or by any other agreement, instrument or document shall be cumulative and may be exercised singularly or concurrently.

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 legal provision and list the applicable contract clause categories. Provision: As of the date of this Agreement, the authorized capital stock of Avalon consists of 2,500 shares of common stock, no par value per share, 2,500 shares of which are validly issued and outstanding and constitute the Shares.

assistant: Capitalization
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 PARTY TO THIS AGREEMENT WAIVES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH PARTY (I) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER; AND (II) ACKNOWLEDGES THAT IT AND THE OTHER PARTY TO THIS AGREEMENT HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER TRANSACTION AGREEMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 9.13 .

assistant: Waiver Of Jury Trials
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: § 233(g)(4) (2005). The FSHCAA of 1992 addressed the liability for medical malpractice not only of a health center but also of a health care physician or licensed or certified practitioner recognized as part of the Public Health Service pursuant to 42 U.S.C. § 254b(a)(l) and acting within the scope of their employment. For such liability, the FSHCAA provided that the exclusive remedy for a plaintiff would be against the United States under the FTCA. 42 U.S.C. § 233(g). To be protected by the FTCA from liability for medical malpractice, a health center or an employee of such a center must be “deemed” an employee of the Public Health Service by the Secretary of Health and Human Services. 42 U.S.C. § 233(f), (g)(1); see Allen v. Chris-tenberry, 327 F.3d 1290, 1294-95 (11th Cir. 2003) (<HOLDING>). Under the traditional formulation of the Options: A. recognizing an individuals right of privacy in the content of health records and noting that health records are the property of the health care entity maintaining them B. holding that the term medical as used in the hearsay exception regarding statements made for the purpose of medical diagnosis or treatment includes emotional and mental health as well as physical health C. holding that compensatory contempt fines awarded against the secretary of health and human services were barred by sovereign immunity D. recognizing the 48hour standard as a department of health regulation E. holding that removal of suit against physicians employed by a federally funded community health center to federal court by the defendants on the ground that they were covered under the public health service act was improper as the department of health and human services had not yet made a determination whether defendants should be deemed to be employees

assistant: The best answer is E. holding that removal of suit against physicians employed by a federally funded community health center to federal court by the defendants on the ground that they were covered under the public health service act was improper as the department of health and human services had not yet made a determination whether defendants should be deemed to be employees
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if there is a dispute about whether this arbitration agreement can be enforced or applies to our dispute , you and airbnb agree that the arbitrator will decide that issue .

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: During the Employment Term and thereafter, the Executive shall cooperate with the Company and be reasonably available to the Company with respect to continuing and/or future matters related to the Executive’s employment period with the Company and/or its subsidiaries or affiliates, whether such matters are business-related, legal, regulatory or otherwise (including, without limitation, the Executive appearing at the Company’s request to give testimony without requiring service of a subpoena or other legal process, volunteering to the Company all pertinent information and turning over to the Company all relevant documents which are or may come into the Executive’s possession). Following the Employment Term, the Company shall reimburse the Executive for all reasonable out of pocket expenses incurred by the Executive in rendering such services that are approved by the Company. In addition, if more than an incidental cooperation is required at any time after the termination of the Executive’s employment, the Executive shall be paid (other than for the time of actual testimony) a per day fee based on his base salary described in Section 5(a) at the time of such termination divided by 225.

assistant: Cooperation
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 Lender hereby irrevocably appoints and authorizes Agent (including any Third Party Agent) to enter into each of the Financing Documents to which it is a party (other than this Agreement) on its behalf and to take such actions as Agent (or such Third Party Agent) on its behalf and to exercise such powers under the Financing Documents as are delegated to Agent (or such Third Party Agent) by the terms thereof, together with all such powers as are reasonably incidental thereto. Subject to the terms of Section 11.16 and to the terms of the other Financing Documents, Agent is authorized and empowered to amend, modify, or waive any provisions of this Agreement or the other Financing Documents on behalf of Lenders. The provisions of this Article 11 are solely for the benefit of Agent (including any Third Party Agent) and Lenders and neither any Borrower nor any other Credit Party shall have any rights as a third party beneficiary of any of the provisions hereof. In performing its functions and duties under this Agreement, Agent (and any Third Party Agent) shall act solely as agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any Borrower or any other Credit Party. Agent may perform any of its duties hereunder, or under the Financing Documents, by or through its agents, subagents, servicers, trustees, investment managers or employees or any Third Party Agent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (1988); and Williams v. Adams, 836 F.2d 958, 961 (5th Cir.1988). There is no issue for trial unless there is sufficient evidence favoring the nonmoving party for a jury to re 47 F.3d 1459, 1462 (5th Cir.1995), cert. denied, 516 U.S. 818, 116 S.Ct. 75, 133 L.Ed.2d 35 (1995). See also McCallumHighlands v. Washington Capital Dus, Inc., 66 F.3d 89, 92 (5th Cir.1995), revised on rehearing, 70 F.3d 26 (5th Cir.1995): "we resolve factual controversies in favor of the nonmoving party, but only when there is an actual controversy, that is, when both parties have submitted evidence of contradictory facts.” A mere scintilla of evidence is insufficient to present a question for the jury. See 939 F.2d 1257, 1267 (5th Cir.1991), cert. denied, 502 U.S. 1059, 112 S.Ct. 936, 117 L.Ed.2d 107 (1992), (<HOLDING>); and McCarty v. United States, 929 F.2d 1085, Options: A. recognizing that nonmoving party must present affirmative evidence to defeat summary judgment B. holding that the nonmoving party must go beyond the pleadings to show that there is a genuine issue for trial C. holding that when the nonmoving party requests a delay in ruling on a summary judgment motion until further discovery may be completed the party must demonstrate the likelihood that further discovery will uncover additional relevant evidence D. holding that under rule 56f nonmoving party seeking additional discovery must demonstrate precisely how additional discovery will lead to a genuine issue of material fact E. holding that the nonmoving party must show how additional discovery will defeat the summary judgment motion ie create a genuine dispute as to a material fact and that the nonmoving party must show that he has diligently pursued discovery of the evidence in question

assistant: The best answer is E. holding that the nonmoving party must show how additional discovery will defeat the summary judgment motion ie create a genuine dispute as to a material fact and that the nonmoving party must show that he has diligently pursued discovery of the evidence in question
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: First, she must come forward with evidence either of past persecution or of a well-founded fear of future persecution. See Tamas-Mercea, 222 F.3d at 423. Second, she also must show that the persecution she endured (or is likely to endure in the future) was on account of her race, religion, nationality, membership in a particular social group or political opinion. See id. “Persecution encompasses more than threats to life or freedom; non-life threatening violence and physical abuse also fall within this category.” Id. at 424. However, to sustain an asylum application, the conduct “must rise above mere harassment.” Roman, 233 F.3d at 1034. This court has recognized that actions such as “detention, arrest, interrogation, prosecution, imprisonment, illegal searches, confiscation of propert (<HOLDING>). Furthermore, we cannot say that the evidence Options: A. holding that having to report to the police being subject to regular questioning and surveillance and having difficulty finding employment can reasonably be characterized as mere harassment B. holding that the employment of some noncivil servants can properly be characterized as noncommercial C. holding that defendant waived any objection to the accuracy of the presentence report by failing to object after having been given ample opportunity to do so D. holding that an ex post facto claim can only be successful if the law can be characterized as punishment in the constitutional sense E. holding that the existence and content of a police report are not properly the subject of judicial notice

assistant: The best answer is A. holding that having to report to the police being subject to regular questioning and surveillance and having difficulty finding employment can reasonably be characterized as mere harassment
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: Tenant represents and warrants to Landlord that Tenant is duly authorized to enter into this Amendment and that all required consents and approvals of any lender or other third party required for Tenant’s execution of this Amendment have been obtained. Landlord represents and warrants to Tenant that Landlord is duly authorized to enter into this Amendment and that all required consents and approvals of any lender or other third party required for Landlord’s execution of this Amendment have been obtained.

assistant: Authority
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: so requires” and that the amendment is subject to dis-allowance on the trial court’s o t if allowing it would result in actual prejudice to the opposing party or for reasons of “undue delay.” GRE Ins. Group, 822 So.2d at 390. Undue delay can have two different meanings in a case. First, the trial court has discretion to deny an amendment to a pleading if allowing the amendment would unduly delay the trial. Horton v. Shelby Med. Ctr., 562 So.2d 127, 130 (Ala.1989). Second, an unexplained undue delay in filing an amendment when the party has had sufficient opportunity to discover the facts necessary to file the amendment earlier is also sufficient grounds upon which to deny the amendment. Stallings, 388 So.2d at 947; see also Rector v. Better Houses, Inc., 820 So.2d 75, 78 (Ala.2001)(<HOLDING>); Burkett, 607 So.2d at 141 (holding that the Options: A. holding that the trial court properly struck the amended complaint when the plaintiff offered no reason to refute the trial courts finding that the new allegations in the amended complaint were based on facts the plaintiff had known since the beginning of the action B. holding that since defendant failed to timely remove the original complaint which was removable based on federal question jurisdiction defendant thereby waived its right to file a subsequent removal even though the complaint was amended to add a new federal claim where the amendment to the complaint did not change the nature of the action so as to constitute a substantially new suit since the new allegations and claims were not substantially different from those in the original complaint C. holding that pleadings could not be amended where no evidence offered during trial was outside the issues in the original complaint D. holding that a demand for jury trial should be denied if the issues in the original complaint and the amended complaint turn on the same matrix of facts E. holding that the trial court did not exceed its discretion in striking the amended complaint where the plaintiffs had learned of the facts underlying the new allegations six months before they attempted to amend

assistant: The best answer is A. holding that the trial court properly struck the amended complaint when the plaintiff offered no reason to refute the trial courts finding that the new allegations in the amended complaint were based on facts the plaintiff had known since the beginning of 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: defendants do not actually manufacture the relevant replacement parts. The proponents of the GARA legislation recognized the essential role of preventative maintenance in the aviation industry. See H.R.Rep. No. 103-525(11), at 6, reprinted in 1994, 103rd Cong., 2nd Sess. 1994, U.S.Code Cong. & Admin.News at 1647 (“Over the lifespan of a general aviation aircraft, almost every major component will be replaced.”). Because we believe that the status of type certificate holder and/or designer fall under the umbrella of manufacturer conduct for purposes of GARA, it would wholly undermine the general period of repose if original manufacturers were excepted from claims relief for replacement parts under the rolling provision by virtue of that status alone. Cf. Campbell, 82 Cal.Rptr.2d at 209 (<HOLDING>). The common pleas court also referenced Options: A. holding that if property is not part of the individuals estate at the time he files a bankruptcy petition no automatic stay provision applies to the property B. holding that a provision of the constitution is to be construed in the sense in which it was understood by the framers and the people at the time of its adoption but that if new products or circumstances that did not exist at the time the constitutional provision was enacted fall within the meaning of the provision the constitutional provision applies to them C. holding that the fourteenth amendment only applies to state action D. holding in part that the leedom v kyne exception applies only when the board violates a clear and mandatory provision of the act E. holding that the rolling provision applies only to the entity that manufactured the replacement part

assistant: The best answer is E. holding that the rolling provision applies only to the entity that manufactured the replacement part
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 First Amendment may be executed in multiple counterparts, and each counterpart when fully executed and delivered shall constitute an original instrument, and all such multiple counterparts shall constitute but one and the same instrument . Emailed and/or faxed counterparts and/or signatures are acceptable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Schedule 4.1 is, as of the Agreement Date, a complete and correct listing of all Unencumbered Assets. Each of the Borrower, each other Loan Party and each other Subsidiary has good, marketable and legal title to, or a valid leasehold interest in, its respective assets, except to the extent that failure to have such title or interest could not reasonably be expected to have a Material Adverse Effect.

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: with social status as its subject. Accordingly, I respectfully dissent. Miller, Rucker & Associates, Curtis W. Miller, Stanley W. Robbins, for appellant (case no. S94A0279). J. Richardson Brannon, Watson & Watson, Anne H. Watson, for appellant (case no. S94A0280). Lydia J. Sartain, District Attorney, Lee Darragh, William M. Brownell, Jr., Assistant District Attorneys, for appellee. 8 OCGA §§ 17-10-1.1; 17-10-1.2. 9 See, e.g., State v. Miller, 260 Ga. 669, 671 (398 SE2d 547) (1990) (finding 1983 Georgia Constitution provides broader protection than the First Amendment); Green v. State, 260 Ga. 625, 627 (398 SE2d 360) (1990) (finding State Constitution grants a broader right against self-incrimination than the U. S. Constitution); Fleming v. Zant, 259 Ga. 687, 690 (386 SE2d 339) (1989) (<HOLDING>). 10 OCGA § 15-2-3. Oath of Justices; Options: A. holding that if a state case explicitly states that the state standard is more favorable to the defendant than the federal standard the federal claim is considered adjudicated below when the state standard is applied B. recognizing federal constitutional claim against the united states C. holding state constitutional guarantee against cruel and unusual punishment is more extensive than federal constitutional standard D. recognizing defendants state and federal constitutional rights to testify E. holding that the preponderance standard is generally constitutional

assistant: The best answer is C. holding state constitutional guarantee against cruel and unusual punishment is more extensive than federal constitutional standard
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of the Plan or any Award is or becomes or is deemed to be invalid, illegal, or unenforceable in any jurisdiction or as to any person or Award, or would disqualify the Plan or any Award under any law deemed applicable by the Committee, such provision shall be construed or deemed amended to conform to the applicable law or, if it cannot be construed or deemed amended without, in the determination of the Committee, materially altering the intent of the Plan or the Award, such provision shall be stricken as to such jurisdiction, person or Award and the remainder of the Plan and any such Award shall remain in full force and effect. If any of the terms or provisions of the Plan or any Award Agreement conflict with the requirements of Rule 16b-3 (as those terms or provisions are applied to Eligible Persons who are subject to Section 16 of the Exchange Act) or Section 422 of the Code (with respect to ISOs), then those conflicting terms or provisions shall be deemed inoperative to the extent they so conflict with the requirements of Rule 16b-3 (unless the Board or the Committee, as appropriate, has expressly determined that the Plan or such Award should not comply with Rule 16b-3) or Section 422 of the Code, in each case, only to the extent Rule 16b-3 and such sections of the Code are applicable. With respect to ISOs, if the Plan does not contain any provision required to be included herein under Section 422 of the Code, that provision shall be deemed to be incorporated herein with the same force and effect as if that provision had been set out at length herein; provided , further, that, to the extent any Option that is intended to qualify as an ISO cannot so qualify, that Option (to that extent) shall be deemed a Nonstatutory Option for all purposes of the Plan.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 3(p), and other than the grant or exercise of stock options or any other equity securities offered pursuant to duly adopted stock or incentive compensation plans as disclosed on Schedule 3(c), as of the date hereof, none of the officers, directors or employees of the Company is presently a party to any transaction with the Company or any of its Subsidiaries (other than for services as employees, officers and directors and reimbursement for expenses incurred on behalf of the Company), 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, or otherwise requiring payments to or from any officer, director or such employee or, to the knowledge of the Company, any corporation, partnership, trust or other entity in which any officer, director, or any such employee has a material interest or is an officer, director, trustee or general partner.

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 2016 Short-Term Incentive Plan (the “Plan”) for Spok Holdings, Inc., was adopted by the Compensation Committee of the Board of Directors (the “Compensation Committee”) of Spok Holdings, Inc., (the “Parent” or the “Company”), a Delaware corporation for the employees of Spok, Inc., a Delaware corporation and an indirect wholly-owned subsidiary of the Parent (“Spok”) on December 15, 2015. (The Plan is effective as of January 1, 2016 and supersedes and replaces all former management short-term incentive plans, including the Spok Holdings, Inc., 2015 Short-Term Incentive Plan.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement, which shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. It shall not be necessary that each party execute each counterpart, or that any one counterpart be executed by more than one party, so long as each party executed at least one counterpart. This Agreement may be executed by way of photocopy counterparts, telephonic transmission facsimile counterparts, electronic counterparts, email counterparts and/or digital counterparts, with such photocopy counterparts, telephonic transmission facsimile counterparts, electronic counterparts, email counterparts and digital counterparts, each having the same force and effect as originally executed counterparts.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Transactions (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority, except for (i) such as have been obtained or made and are in full force and effect, (ii) filings and recordings in respect of the Liens created pursuant to the Security Documents, and (iii) consents, approvals, registrations or filings to failure of which could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (b) will not violate the charter, by-laws or other organizational documents of the Borrower or any of its Subsidiaries or, except as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, any applicable law or regulation or any material order of any Governmental Authority, (c) will not, except as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, violate or result in a default under any indenture, agreement or other instrument binding upon the Borrower or any of its Subsidiaries or assets, or give rise to a right thereunder to require any payment to be made by any such Person, and (d) except for the Liens created pursuant to the Security Documents or as permitted under the Loan Documents, will not result in the creation or imposition of any Lien on any asset of the Borrower or any of its Subsidiaries.

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: The Offered Shares have been duly authorized and, when issued, delivered and paid for in the manner set forth in this Purchase Agreement, will be validly issued, fully paid and nonassessable, and will conform in all material respects to the description thereof set forth in the Memorandum. The Common Stock issuable upon conversion of the Offered Shares has been duly reserved for issuance, and upon issuance in accordance with the terms of the Company’s Certificate of Incorporation, will be duly authorized, validly issued, fully paid and nonassessable, and free of restrictions on transfer other than restrictions on transfer under any agreement between the Company and the Investor, and applicable federal and state securities laws. This Agreement constitutes the valid and binding obligation of the Company, enforceable in accordance with its terms, except that enforcement of this Agreement and the terms of the Offered Shares may be limited by bankruptcy, insolvency, moratorium or other similar laws relating to or affecting the rights of creditors generally and subject to the fact that equitable remedies are discretionary and may not be granted by a court of competent jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: § 3500(b)). The Jencks Act defines a “statement” as: (1) a written statement made by said witness and signed or otherwise adopted or approved by him; (2) a stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by said witness and recorded conte se its discretion in refusing to conduct an in camera inspection of the FBI 302s. The FBI 302s are notes of witness interviews that were transcribed by an FBI agent and not by the witnesses. The mere fact that the witnesses did not prepare the documents, however, is not dispositive of our Jencks Act inquiry; we must also consider whether any of the witnesses adopted or approved the notes. Kane v. United States, 431 F.2d 172, 174 (8th Cir.1970) (<HOLDING>); see also 18 U.S.C. § 3500(b)(1) (defining a Options: A. holding that the defendants due process rights were violated when the trial judge singled out the only defense witness and indicated to that witness that he expected the witness to he and would personally ensure that the witness was prosecuted for perjury and thereby effectively drove that witness off the stand B. holding that an fbi agents rough notes of an interview of the defendant were not brady material because there was no independent showing that they contained evidence that was material to the defendants guilt or innocence C. holding that an fbi agents notes were not a witness statement within the act because there was no evidence that the witness adopted or approved what was recorded D. holding that a police officers notes were relevant as prior and possibly inconsistent statements made and recorded by the witness E. holding that denying admission of police officers typewritten notes of witnesss statement was proper where witness never adopted statements as true and accurate

assistant: The best answer is C. holding that an fbi agents notes were not a witness statement within the act because there was no evidence that the witness adopted or approved what was recorded