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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: your continued use of the service now , or following the posting of notice of any changes in this agreement , will constitute a binding acceptance by you of this agreement , or any subsequent modifications .

assistant: Contract by using
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: Borrower hereby waives and releases all benefit that might accrue to the Borrower by virtue of any present or future laws exempting any property that may serve as security for this Note, or any other property or Collateral, real or personal, or any part of the proceeds arising from any sale of any such property or Collateral, from attachment, levy, or sale under execution, exemption from civil process, or extension of time for payment, including, without limitation, any and all homestead exemption rights of the Borrower; and the Borrower agrees that any property that may be levied upon pursuant to a judgment obtained by virtue hereof, on any writ of execution issued thereon, may be sold upon any such writ in whole or in part in any order or manner desired by Holder. In addition, the Borrower and all others who are, or may become liable for the payment hereof: (i) severally waive presentment for payment, demand, notice of nonpayment or dishonor, protest and notice of protest of this Note or the other Loan Documents, and all other notices in connection with the delivery, acceptance, performance, default, or enforcement of the payment of this Note or the other Loan Documents; (ii) expressly consent to all extensions of time, renewals or postponements of time of payment of this Note or the other Loan Documents from time to time prior to or after the maturity of this Note without notice, consent or further consideration to any of the foregoing; (iii) expressly agree that the Holder shall not be required first to institute any suit, or to exhaust its remedies against the Borrower, or any other Person or party to become liable hereunder or against any Collateral that may secure this Note in order to enforce the payment of this Note; and (iv) expressly agree that, notwithstanding the occurrence of any of the foregoing (except the express written release by the Holder of any such Person), the undersigned shall be and remain, directly and primarily liable for all sums due under this Note.

assistant: Waivers
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 used in this Supplemental Indenture, terms defined in the Indenture or in the preamble or recitals hereto are used herein as therein defined. The words “herein,” “hereof” and “hereby” and other words of similar import used in this Supplemental Indenture refer to this Supplemental Indenture as a whole and not to any particular section hereof.

assistant: Defined 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: is an independent and adequate state ground that bars federal habeas relief, see Coleman v. Thompson, 501 U.S. 722, 729-30, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991), and notes that Taylor did not contest the adequacy of the state procedural bar in the district court. Alternatively, in the event that we reach the merits of the Batson claims, the State asserts that the trial court’s rulings upholding the strikes should be treated as adjudications on the merits that are entitled to deference under 28 U.S.C. § 2254(d). Taylor maintains that Missouri’s rule requiring defendants to object after the prosecution gives its race-neutral reasons does not constitute a state ground adequate to preclude federal habeas review. See Lee v. Kemna, 534 U.S. 362, 366, 122 S.Ct. 877, 151 L.Ed.2d 820 (2002) (<HOLDING>). According to Taylor, a defendant should be Options: A. holding that missouri supreme court rules 2409 and 2410 as applied in lees case were not adequate to bar federal habeas review B. holding the batson rule was not to be applied retroactively to a state conviction on federal habeas review C. holding state rule barring review of postconviction petitioners claims where petitioner failed to provide supporting documentation is adequate procedural ground on which to bar federal habeas review D. holding that substantive review is adequate E. holding generally that new rules of law should not be applied retroactively in habeas corpus cases

assistant: The best answer is A. holding that missouri supreme court rules 2409 and 2410 as applied in lees case were not adequate to bar federal habeas review
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: Cnty., 236 Mont. 412, 418, 771 P.2d 97, 101 (1989). ¶44 A district court may grant a motion for summary judgment without first holding a hearing. Chapman v. Maxwell, 2014 MT 35, ¶ 11, 374 Mont. 12, 322 P.3d 1029 (citing SVKV L.L.C. v. Harding, 2006 MT 297, ¶ 37, 334 Mont. 395, 148 P.3d 584). We have held that “there may be an occasion where the movant is so ‘clearly entitled’ as a matter of law to summary judgment that the district court may dispense with the need for a hearing.” Richards v. Cnty. of Missoula, 2009 MT 453, ¶ 17, 354 Mont. 334, 223 P.3d 878 (citing Cole, 236 Mont. at 419, 771 P.2d at 101). Thus, we will not put a district court in error for failing to hold a summary judgment hearing if the hearing testimony would not raise any issue of material fact. Richards, ¶¶ 25-26 (<HOLDING>); Dollar Plus, ¶ 39 (holding that the district Options: A. holding that there was a genuine issue of material fact precluding summary judgment B. holding that due process requires an evidentiary hearing when parties submissions in contempt proceedings raise disputed issue of material fact C. holding stricklands prejudice prong was not met because appellate counsels failure to raise an evidentiary issue would not have altered the result of the proceedings because the erroneous admission of evidence would have constituted harmless error beyond a reasonable doubt D. holding that a summary judgment hearing was not necessary and would not have added anything to the proceedings because defendants one lone memorandum would not raise an issue of material fact E. holding that the prejudice prong in strickland was not satisfied because counsels failure to raise an evidentiary issue would not have altered the result of the proceedings because the erroneous admission of the evidence would have constituted harmless error

assistant: The best answer is D. holding that a summary judgment hearing was not necessary and would not have added anything to the proceedings because defendants one lone memorandum would not raise an issue of material fact
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: his notice of appeal filed within 90 days after judgment was timely. See Tex.RApp. P. 26.1(a)(1). 2. Other courts and commentators agree that objecting shareholders may appeal without intervening in the trial court. Lapiner may also appeal the denial of his objection for a second, independent reason: the trial court invited the objection: “[T]he majority of courts to consider the question,” as well as respected commentators, agree that a current shareholder who objects to the settlement of a derivative suit need not intervene in order to appeal the denial of his objection. In re UnitedHealth Group Inc. S’holder Derivative Litig., 631 F.3d 913, 917 n. 2 (8th Cir.2011); see, e.g., Kaplan, 192 F.3d at 67; Rosenbaum, 64 F.3d at 1443; Bell Atl. Corp., 2 F.3d at 1310; Cohen, 127 F.2d at 724 (<HOLDING>); Saylor, 78 F.R.D. at 152-53; Ackert v. Options: A. recognizing that requiring an objector to intervene in a class action in order to appeal the approval of a settlement would only add an additional layer of complexity before the appeal of the settlement approval may finally be heard B. holding that an unnamed plaintiff that did not intervene nonetheless had standing to appeal a class action settlement C. holding that shareholder who unsuccessfully tried to intervene but also objected to derivative settlement in response to trial courts notice had the right to appeal courts decision approving the settlement D. holding a settlement privilege exists as to thirdparty discovery of settlement negotiations E. holding that in the context of a settlement contract the defrauded party may either 1 rescind the settlement or 2 ratify the settlement retain the proceeds and institute an action to recover fraud damages

assistant: The best answer is C. holding that shareholder who unsuccessfully tried to intervene but also objected to derivative settlement in response to trial courts notice had the right to appeal courts decision approving the settlement
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: Comply with all applicable laws, rules, regulations and orders, such compliance to include, without limitation, compliance with ERISA and Environmental Laws as provided in Section 5.01(j), if failure to comply with such requirements would have a Material Adverse Effect, and maintain in effect and enforce policies and procedures designed to promote compliance by the Company, its Subsidiaries and their respective directors, officers, and employees, in each case when acting on behalf of the Company or its Subsidiaries in all material respects with Anti-Corruption Laws and applicable Sanctions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In addition, each of the Lenders hereby indemnifies the Administrative Agent (to the extent not reimbursed by the Loan Parties), ratably according to their Applicable Percentages, from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which may be imposed on, incurred by, or asserted against the Administrative Agent in any way relating to or arising out of this Agreement or any action taken or omitted by the Administrative Agent under this Agreement or the other Loan Documents (including any action taken or omitted under Article II of this Agreement); provided that such indemnity shall not be available to the extent such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements are determined by a court of competent jurisdiction by final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of the Administrative Agent. Without limitation of the foregoing, each Lender agrees to reimburse the Administrative Agent promptly upon demand for its respective Applicable Percentage of any out-of-pocket expenses (including reasonable counsel fees) incurred by the Administrative Agent in connection with the preparation, execution, administration or enforcement of, or legal advice in respect of rights or responsibilities under, this Agreement or the other Loan Documents to the extent that the Administrative Agent is not reimbursed for such expenses by the Loan Parties. The provisions of this Article VIII shall survive the termination of this Agreement and the payment of the Obligations.

assistant: Indemnifications
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: exposure, the city may then deal, by investigation, settlement, or litigation with the population of claims as to which it has received notice. Like statutes of limitations, notice-of-claims provisions go primarily to the remedy. 56 Am.Jur.2d, supra, § 691, at 733. Basically, both involve a legislative “value judgment concerning the point at which the interests in favor of protecting valid claims are outweighed by the interests in prohibiting the prosecution of stale ones.” Johnson v. Railway Express Agency, 421 U.S. at 463-64, 95 S.Ct. at 1721-1722. According to the majority, however, section 12-309 is not part of any remedial scheme, but rather “add[s] elements to [a] federal right[] of action.” Maj. op. at 1508, citing Gwinn v. District of Columbia, 434 A.2d 1376 (D.C.1981) (<HOLDING>). Changing the characterization of the notice Options: A. holding that parol evidence is admissible to establish a condition precedent to the existence of a contract B. holding that a condition was precedent to performance because the contract language did not explicitly state that it was precedent to formation C. recognizing that the notice required by section 28430 is a condition precedent to the recovery of attorneys fees pursuant to section 12057lb in hospitals suit against the state D. holding that the notice requirement is a condition precedent for attorneys fees from section 12069 proceedings in action by plaintiff against state E. holding that section 12309 is a condition precedent to the accrual of rights against a municipality

assistant: The best answer is E. holding that section 12309 is a condition precedent to the accrual of rights against a municipality
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 interpreted and enforced in accordance with the internal laws, and not the law of conflicts, of the State of New York applicable to agreements made and to be performed in that State. The venue shall be in New York Courts in Westchester County without regard to conflict of law rules.

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: Executive shall take all requested actions and execute all requested documents to assist Employer, or its designee, at Employer’s expense, in every way to secure Employer’s or its designee’s above rights in the Prior Inventions and Employer Inventions and any copyrights, patents, mask work rights or other intellectual property rights relating thereto in any and all countries, and to pursue any patents or registrations with respect thereto. This covenant shall survive the termination of this Agreement. If Employer or its designee is unable for any other reason to secure Executive’s signature on any document for this purpose, then Executive hereby irrevocably designates and appoints Employer or its designee and their duly authorized officers and agents, as the case may be, as Executive’s agent and attorney in fact, to act for and in Executive’s behalf and stead to execute any documents and to do all other lawfully permitted acts in connection with the foregoing.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: he sought in the Court of Federal Claims and arguing the merits of his appeal. In order to appeal a judgment of the United States Court of Federal Claims, the party seeking appeal must file notice that sets forth (1) the name of each party to the proceeding, (2) the judgment, order, or part, thereof being appealed, and (3) the name of the court to which the appeal is taken. Fed. R.App. P. 3(c). Schmidt’s petition meets these requirements. In addition, his petition is timely if treated as a notice of appeal. See Fed. R.App. P. 4(a)(1)(B). We conclude that the petition should be construed as a timely notice of appeal, and thus mandamus relief is not appropriate. See Mallard v. U.S. Dist. Court for the Southern Dist. of Iowa, 490 U.S. 296, 309, 109 S.Ct. 1814, 104 L.Ed.2d 318 (1989) (<HOLDING>); Bankers Life & Casualty Co. v. Holland, 346 Options: A. holding that the party seeking to pierce the corporate veil bears the burden of proving that grounds for this action exist B. holding that the burden of proving a violation of the idea lies on the party seeking relief during the administrative process C. holding that the defendant bears the burden of proving outside contact with the jury D. holding that a party seeking a writ bears the burden of proving that it has no other means of attaining the relief such as by appeal E. recognizing that the party seeking attorney fees bears the burden of proving entitlement to those fees

assistant: The best answer is D. holding that a party seeking a writ bears the burden of proving that it has no other means of attaining the relief such as by appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of showing entitlement to a preliminary injunction. See Reebok Intern., Ltd. v. J. Baker, Inc., 32 F.3d 1552, 1555 (Fed. Cir.1994) (citing H.H. Robertson Co. v. United Steel Deck, Inc., 820 F.2d 384, 388 (Fed.Cir.1987)). While the Court must weigh all the aforementioned factors, Sofamor Danek Group, Inc. v. DePuy-Motech, Inc., 74 F.3d 1216, 1219 (Fed.Cir.1996), the first two factors in this inquiry (i.e., the likelihood of success and irreparable harm factors) are “[cjentral to the movant’s burden,” and the Court “may decline to issue a preliminary injunction if the movant does not prove either of these factors.” Jeneric/Pentron, Inc. v. Dillon Co., Inc., 205 F.3d 1377, 1380 (Fed.Cir.2000); see also Vehicular Techs. Corp. v. Titan Wheel Int'l Inc., 141 F.3d 1084, 1088 (Fed.Cir. 1998) (<HOLDING>). The Court will address each of the Options: A. holding that the standard for permanent injunction is the same as that for preliminary injunction with the one exception being that the plaintiff must show actual success on the merits rather than likelihood of success B. holding that a movant that clearly establishes likelihood of success on the merits receives the benefit of a presumption of irreparable harm C. holding that the movant had to establish both of the first two factors ie likelihood of success and irreparable harm to receive a preliminary injunction D. holding that a court may issue injunctive relief only when the movant demonstrates four factors substantial likelihood of success on the merits irreparable harm no substantial injury to the other party and furtherance of the public interest E. holding that a movant for a preliminary injunction must first demonstrate that it is likely to suffer irreparable harm in the absence of the requested relief

assistant: The best answer is C. holding that the movant had to establish both of the first two factors ie likelihood of success and irreparable harm to receive a preliminary injunction
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, the Executive shall, subject to and in accordance with the terms and conditions of the applicable plan documents in force from time to time and all applicable laws, be eligible to participate in all of the employee benefit, fringe and perquisite plans, practices, policies and arrangements the Company makes available from time to time to its executive employees generally.

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: breach of obligation. Likewise, it is entirely possible that a division order might be executed under such circumstances as to constitute a contractual modification of the relations previously prevailing between operator and royalty owner. But this should appear clearly. No court ought to infer an intent to enter into such a contractual-modification without cogent evidence thereof.” See also: 3A Summers, Oil and Gas,. Section 590 at pp. 137-142 (1958); Bounds, “Division Orders”, Southwestern Legal Foundation, Fifth Annual Institute on Oil and Gas Law 91 (1954); Manual of Oil & Gas Terms, verbo “Division order”, p. 66-(1957); Comment, Royalty Division Orders, 23 La.L.Rev. 571 (1963). Also: White v. Hodges, 201 La. 1, 9 So.2d 433; Brown v. Sugar Creek Syndicate, 195 La. 865, 197 So. 583 (<HOLDING>); Brown Land & Royalty Co. v. Green, CA 5, 198 Options: A. holding that appellate courts may not on appeal from the dismissal of a rule 32 petition consider claims not raise in the rule 32 petition B. holding clarified in gulf refining co v goode 212 la 502 32 so 2d 904 at 907 C. recognizing that rule 32 is a postconviction remedy D. holding that an appellant cannot raise an issue on appeal from the denial of a rule 32 petition which was not raised in the rule 32 petition E. holding that appellate courts may not on appeal from the dismissal of a rule 32 petition consider claims not raised in the rule 32 petition

assistant: The best answer is B. holding clarified in gulf refining co v goode 212 la 502 32 so 2d 904 at 907
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: purpose of inducing CONA to enter into a contract and that CONA relied on the false representation, incurring an injury. Regarding CONA’s aiding and abetting fraud claim, CONA alleged that C & B provided substantial assistance to New America in accomplishing the fraud by misrepresenting that all five wastewater easements had been signed and recorded. Considering CONA’s claims and factual allegations against C & B, it is evident that CONA is complaining only of an injury that was caused by C & B’s alleged false representation a claims of breach of fiduciary duty, fraud, deceptive trade practices, and unjust enrichment did not require certificate of merit because gist of claims was that appellant had engaged in pervasive and systemic overbill-ing) and Parker Cnty., 2009 WL 3938051, at *3 (<HOLDING>). Accordingly, we hold that the trial court did Options: A. holding that a cause of action for breach of contract accrues at the time of the breach B. holding that trial court erred by dismissing breach of contract claim because appellee made promises to perform specific acts in contract the breach of which would give rise to a breach of contract action C. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract D. holding breach of contract claim not preempted as a straightforward breach of contract action as it alleged violation of specific covenant E. holding immaterial breach did not constitute breach of contract

assistant: The best answer is B. holding that trial court erred by dismissing breach of contract claim because appellee made promises to perform specific acts in contract the breach of which would give rise to a breach of contract 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: discovers that he or she has been injured.” Oshiver v. Levin, Fishbein, Sedran & Berman, 38 F.3d 1380, 1385-86 & n. 5 (3d Cir.1994) (observing that the rule’s origins lie in products liability and medical malpractice cases, but that the rule has been subsequently applied to employment discrimination cases). As the Court previously observed, Plaintiff alleges that he was removed from his position as HOCALJ on June 4, 2010, see Am. Compl. ¶ 62, and “Plaintiff avers that defendant Bede informed him of the removal on June 4, 2010.” See Bridges, 2014 WL 1281158, at *16; Am. Compl. ¶ 75; Am. Compl. Ex., at 106a, ECF No, 30-2. Because Plaintiff discovered his alleged injury on the same day the alleged injury occurred, the discovery rule has no role to play. See Oshiver, 38 F.3d at 1386-87 (<HOLDING>). Thus, the Court did not err in failing to Options: A. holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment B. holding the pro se plaintiff has no breach of contract or wrongful discharge claim against defendant employer where the employer wrongfully characterized her discharge as for cause but remanding to trial court to consider whether the pro se plaintiff suffered some other compensable injury if the employer as alleged intentionally mischaracterized the plaintiffs discharge in order to reduce its unemployment contributions C. holding that where the plaintiff discovered the injury on the very datedefendant informed her of her discharge the discovery rule offered no relief in relation to the timeliness of the filing of her discriminatory discharge claim D. holding that a plaintiff who pled in her complaint that her law firm actively misled her in support of her request for application of the discovery rule had sufficiently pled the application of the doctrine E. holding that where the immediate cause or motivating factor of a discharge is the employees assertion of statutory rights the discharge is discriminatory under section 215a3 whether or not grounds for other discharge exist

assistant: The best answer is C. holding that where the plaintiff discovered the injury on the very datedefendant informed her of her discharge the discovery rule offered no relief in relation to the timeliness of the filing of her discriminatory discharge 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: Time is of the essence of this Agreement. Each of the Parties agrees that irreparable damage would occur and that the Parties would not have any adequate remedy at Applicable Law in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at Applicable Law or in equity.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If Executive’s employment is terminated by reason of Executive’s death, then this Agreement shall terminate without further obligations by the Company to Executive’s legal representatives under this Agreement other than those obligations under the terms of a Company plan or program that take effect at the date of Executive’s death, and upon valid execution of a Release Document by an authorized executor of Executive’s estate, the Company shall pay Executive’s estate, and Executive’s estate shall be entitled to receive, (i) the Accrued Obligations, plus (ii) one (1) times the average of the Annual Bonuses paid to Executive for the three (3) full fiscal years ending immediately prior to the date of termination of Executive’s employment, pro-rated from the first day of the fiscal year through the effective date of the termination of Executive’s employment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party hereby waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any suit, action or proceeding arising out of this Agreement or any transaction contemplated hereby. 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 parties have been induced to enter into the Agreement by, among other things, the mutual waivers and certifications in this section.

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: states, or the laws of only four states, in resolving the illegal gambling claims. (The plaintiffs contend that the court need apply only the laws of California (where Teleline’s home office was located), Illinois (where some calls were answered and a relevant AT&T facility was located), New Jersey (where a relevant AT&T office was located), and Missouri (where most of the calls were answered).) The district court unequivocally ruled that the gambling laws of all fifty states would have to be applied: "In order to eliminate any confusion, I now conclude that the laws of each state from which a call was made ... will be used to evaluate the gambling claims in this litigation.” Appellant AT&T agrees with the district court's determination on choice of law; its only content Cir.1986) (<HOLDING>); see also Harbor Tug & Barge, Inc, v. Belcher Options: A. holding that in the absence of a crossappeal an appellee may urge affirmance of the lower courts ruling on any basis appearing in the record but may not attack the decree with a view either to enlarging his own rights thereunder or of lessening the rights of his adversary internal quotation marks omitted B. holding that the failure to file a petition for crossappeal within the statutory time limit is a jurisdictional defect that bars the court from hearing the crossappeal C. holding that the crossappeal time limit is jurisdictional D. holding that an appellee who did not address an argument in the answering brief had waived that issue E. holding that failure of an appellee to crossappeal ordinarily precludes review where an appellee seeks to enlarge his rights or lessen those of an adversary but is not a jurisdictional bar

assistant: The best answer is E. holding that failure of an appellee to crossappeal ordinarily precludes review where an appellee seeks to enlarge his rights or lessen those of an adversary but is not a jurisdictional bar
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 wear seat belts, and that was affirmed on appeal. I have a problem with what purports to be the new law now enacted for the people of the state of Wyoming. As stated in the court’s opinion, it is this: We find sound public policy in light of the fore mentioned statistics to impose on parents a duty to buckle the seat belts of their minor passengers who are dependent on adult care and supervision for their well being and safety. Maj. op. at 1160. And why will this now be the rule of law? As said in McCullough v. Golden Rule Ins. Co., 789 P.2d 855, 865 (Wyo.1990) (Golden, J., dissenting): “This ‘it-is-so-because-we-say-so’ jurisprudence constitutes nothing other than an attempted exercise of brute force; reason, much less persuasion, has no place.” (qu Office, 838 P.2d 158 (Wyo.1992) (<HOLDING>). Once declared unconstitutional, the seat belt Options: A. holding that the suspension or revocation of a drivers license is not a sanction which once imposed precludes the application of criminal sanctions B. holding that threeyear statute of limitations was not an unconstitutional suspension of the writ of habeas corpus C. holding that a guilty plea to underage drinking could not be withdrawn based on fact defendant was unaware that his drivers license would be suspended because of his conviction as the license suspension was a civil consequence of the conviction D. holding that possession of a drivers license is irrelevant to the offense of failing to present a license which is completed by failing to present the license when requested to do so by an officer E. holding unconstitutional a statute which provided for drivers license suspension for persons under 19 after conviction of any alcoholrelated offense

assistant: The best answer is E. holding unconstitutional a statute which provided for drivers license suspension for persons under 19 after conviction of any alcoholrelated offense
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 Owner Trustee shall receive as compensation for its services hereunder, such fees as have been separately agreed upon between the Owner Trustee and the Servicer and specified in a separate fee agreement between such parties. Additionally, the Owner Trustee shall be entitled to be reimbursed by the Trust for its other reasonable expenses hereunder, as applicable, including the reasonable compensation, expenses and disbursements of such agents, representatives, experts and counsel as the Owner Trustee may employ in connection with the exercise and performance of its rights and its duties hereunder; provided , however , that the Owner Trustee shall only be entitled to reimbursement for expenses hereunder to the extent such expenses (i) are fees and expenses of outside counsel engaged by the Owner Trustee in respect of the performance of its obligations hereunder, or (ii) relate to the performance of its obligations hereunder. The Trust shall pay all fees, expenses and disbursements of the Owner Trustee out of Available Funds available for application or distribution to the Owner Trustee pursuant to the terms of each applicable Indenture Supplement. To the extent the Trust fails to pay such amounts due and owing to the Owner Trustee, the Servicer agrees to pay such amounts.

assistant: Expenses
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: may challenge the validity of the rule in a subsequent judicial or administrative proceeding. Because the harm that petitioners claim amounts only to “mere interest” in a problem, I would conclude that the claimed injury is insufficient to establish standing. See id. Likewise, petitioners lack taxpayer standing to challenge the validity of the rule. A taxpayer without personal or direct injury possesses standing to “maintain an action that restrains the ‘unlawful disbursements -of public money ... [or] illegal action on the part of public officials.’ ” Olson v. State, 742 N.W.2d 681, 684 (Minn.App.2007) (alteration in original) (quotation omitted). But the party asserting taxpayer standing must identify an unlawful “expenditure made as a result of the challenged [rules].” Id. at 685 (<HOLDING>). Petitioners do not identify any illegal Options: A. holding that challenge to tax exemption could not be pursued solely on taxpayer basis because it did not involve expenditure of tax funds B. holding that the granting or denial of an urban renewal tax exemption is reviewable by tax appeal C. holding that taxpayer was still required to go through tax refund procedure despite facial constitutional challenge to state intangibles tax D. holding one who claims tax exemption has burden of showing entitlement to exemption E. holding that although exemption from use tax granted to religious publications violated first amendment exemption was severable from statute and thus taxpayer was still responsible for use tax on real estate advertising publication

assistant: The best answer is A. holding that challenge to tax exemption could not be pursued solely on taxpayer basis because it did not involve expenditure of tax funds
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: an incentive for insurers to settle just claims in order to reduce the amount of litigation and the high costs associated with it. Hansen v. State Farm Mut. Auto. Ins. Co., 112 Idaho 663, 671, 735 P.2d 974, 982 (1987). In light of this purpose, we have construed § 41-1839 as limiting the award of attorney fees to those instances where: (1) [the insured] has provided proof of loss as required by the insurance policy; (2) the insurance company fails to pay an amount justly due under the policy within thirty days of such proof of loss; and (3) the insured “thereafter” is compelled to bring suit to recover for his loss. Id. (emphasis added). See also Reynolds v. American Hardware Mut. Ins. Co., 115 Idaho 362, 366, 766 P.2d 1243, 1247 (1988) (same); Emery, 120 Idaho at 247, 815 P.2d at 445. (<HOLDING>); Walton, 120 Idaho at 620, 818 P.2d at 324 Options: A. recognizing an insurers right to rescind an insurance contract where the insured has made fraudulent or material misrepresentation in insurance application B. holding that an award of fees under 411839 was mandatory where an insured is compelled to file a lawsuit by reason of an insurers refusal to pay to recover for a loss under her insurance contract C. holding that a lawsuit for failure to pay on an insurance contract does not sound in tort D. holding that plaintiff could recover medical fees not actually paid by the insurance company pursuant to an insurance contract E. holding that an award of back pay is an issue for the court

assistant: The best answer is B. holding that an award of fees under 411839 was mandatory where an insured is compelled to file a lawsuit by reason of an insurers refusal to pay to recover for a loss under her insurance contract
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices required or permitted hereunder shall be in writing and shall be deemed effectively given: (a) upon personal delivery to the party to be notified, (b) when sent by confirmed telex or facsimile or email if sent during normal business hours of the recipient; if not, then on the next Trading Day, (c) five (5) Trading Days after having been sent by registered or certified mail, return receipt requested, postage prepaid, or (d) one (1) Trading Day after deposit with a nationally recognized overnight courier, specifying next day delivery, with written verification of receipt. All communications shall be sent to (a) in the case of the Company, to Rennova Health, Inc., 400 South Australian Ave., 8 th Floor, West Palm Beach, FL 33401 and (b) in the case of the Investors mail to the address listed below on the signature page.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Credit Party is in compliance (i) with all Applicable Laws, except where the failure to so comply could not reasonably be expected to have a Materially Adverse Effect, and (ii) in all material respects with the provisions of its certificate of incorporation or formation and by-laws or other governing documents. No event has occurred or has failed to occur which has not been remedied or waived, the occurrence or non-occurrence of which constitutes (i) a Default or an Event of Default or (ii) a default under any (A) Material Contract or (B) judgment, decree, or order to which such Credit Party is a party or by which such Credit Party or any of their respective properties may be bound, except, in each case under this clause (ii), except for any default which could not reasonably be expected to have a Materially Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: have not considered the effect of a voluntary dismissal of a compulsory counterclaim on a subsequent action based on the same claim. C.R.C.P. 13(a) is almost identical to Fed. R.Civ.P. 13(a). Where, as here, there is no controlling Colorado authority, we may look to federal precedent for guidance in construing the language of the Colorado rule. See In re Estate of Krotiuk, supra, 12 P.3d at 305. In SSMC, Inc., N.V. v. Steffen, supra, the United States Court of Appeals for the Fourth Circuit held that the dismissal of a compulsory counterclaim without prejudice had the same effect as a dismissal with prejudice. In contrast, Arkansas allows a party to refile a compulsory counterclaim that was dismissed without prejudice. See, e.g., Linn v. NationsBank, 341 Ark. 57, 14 S.W.3d 500 (2000)(<HOLDING>). However, Arkansas’s procedural rules are Options: A. holding that if good cause does not exist the court has the discretion to either dismiss the action without prejudice or direct that service be effected within a specified time B. holding that the mere possibility of an upward departure beyond one year qualifies a kansas offense as one punishable by imprisonment for a term exceeding one year C. holding that under ark r civ p 41 a defendant may voluntarily dismiss a compulsory counterclaim without prejudice and refile it within one year D. holding that action could not form the basis of a malicious prosecution claim where criminal information was dismissed as insufficient to support the charges without prejudice and the prosecutors did not amend or refile E. holding dismissal without prejudice to refile a facially sufficient motion is a nonappealable nonfinal order

assistant: The best answer is C. holding that under ark r civ p 41 a defendant may voluntarily dismiss a compulsory counterclaim without prejudice and refile it within one year
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: which the defendant pleaded guilty.” Freeman, 131 S.Ct. at 2697. If the plea agreement “does not indicate the parties’ intent to base the term of imprisonment on a particular Guidelines range subsequently lowered by the Commission, then § 3582(c)(2) simply does not apply.” Id. at 2699, fn. 5. It is Justice Sotomayor’s concurring opinion in Freeman that is controlling and represents the holding of the Court. See United States v. Thompson, 682 F.3d 285, 290 (3rd Cir.2012) (“We therefore conclude, as has every other circuit to consider the question, that, because Justice Sotomayor’s opinion [in Freeman ] is narrower than Justice Kennedy’s, it expresses the holding of the Court.” (citations omitted)). See also Gregg v. Georgia, 428 U.S. 153, 169, n. 15, 96 S.Ct. 2909, 49 L.Ed.2d 859 (1976) (<HOLDING>). Unlike the plea agreement in Freeman, which Options: A. holding of the court is the position taken by member who concurs in the judgment on the narrowest grounds B. holding that a dismissal on limitations grounds is a judgment on the merits C. holding that when a fragmented court decides a case and no single rationale explaining the result enjoys the assent of five justices the holding of the court may be viewed as that position taking by those members who concurred in the judgments on the narrowest grounds D. holding of fragmented court may be viewed as that position taken by those members who concurred in the judgment on the narrowest grounds E. holding where movant asserts several grounds in support of its summary judgment motion and the trial court does not specify the grounds on which judgment was granted the reviewing court can affirm the judgment if any of the grounds are meritorious

assistant: The best answer is A. holding of the court is the position taken by member who concurs in the judgment on the narrowest grounds
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: employer's proffered explanation for its adverse action need not be one that is desirable or attractive. Instead, what matters is that it explains the action taken against members of a protected group on some basis other than their membership in that group. See Fischbach v. D.C. Dep’t. of Corrections, 86 F.3d 1180, 1183 (D.C.Cir.1996) (“Once the employer has articulated a non-discriminatory explanation for its action, ... the issue is not the correctness or desirability of the reasons offered ... but whether die employer honestly believes in the reasons it offers.”) (quotation marks and citation omitted). 15 . See Freedman v. MCI Telecommunications Corp., 255 F.3d 840, 848 (D.C.Cir.2001) ("[A] singular stray comment does not a hostile work environment make."); Neuren, 43 F.3d at 1513 (<HOLDING>). 16 . Indeed, plaintiffs complained to Smith Options: A. holding that a supervisors use of the term bitch in a written evaluation when viewed in context was possibly inappropriately phrased but not conclusive of sex discrimination B. holding race and gender discrimination claim barred C. holding that a plaintiff could not assert a 1981 claim based on gender discrimination D. holding that the term bitch does not invariably indicate gender discrimination E. holding that the same standard applies to claims of discrimination based upon gender and age

assistant: The best answer is D. holding that the term bitch does not invariably indicate gender discrimination
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 interpreted in accordance with, and governed by, the laws of New York, without regard to the conflicts of law principles thereof (other than Sections 5-1401 and 5-1402 of the New York General Obligations Law).

assistant: Governing Laws