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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 375 U.S. 50 84 S.Ct. 151 11 L.Ed.2d 108 John W. CREWSv.WAINWRIGHT. No. 59, Misc. Supreme Court of the United States October 21, 1963 John W. Crews, pro se. Richard W. Ervin, Atty. Gen. of Florida, and James G. Mahorner, Asst. Atty. Gen., for respondent. On Petition for Writ of Certiorari to the Supreme Court of Florida. Opinion on remand 158 So.2d 519. PER CURIAM. 1 The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of Florida for further consideration in light of Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799. 2 Mr. Justice DOUGLAS and Mr. Justice CLARK dissent for the reason that the judgment rests on an adequate state ground.

assistant: 1
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 progression of his kidney disease, much less prevented it. Dr. Atta’s ultimate opinion was that no matter what Nurse Jordan did or didn’t do, Mr. Clanton was going to progress to end-stage kidney disease. Dr. Atta opined that Kevin Clanton would live 29.7 years after his first kidney transplant, or until he is approximately 65 years old. Unlike Mr. Clanton’s treating physicians and expert nephrologist, Dr. Atta opined that the half-life of a transplanted kidney is twelve years, and he believes Mr. Clanton will need only one more kidney transplant. Cathlin Vinett-Mitchell Cathlin Vinett-Mitchell was retained by the Government to develop a life care plan for Kevin Clanton. She is a registered nurse with a specialty in rehabilitat DAK, 2013 WL 595766, at *1 (D. Utah Feb. 15, 2013) (<HOLDING>); Duque v. United States, Case No. 05-1417, Options: A. holding that physicians statement during the course of treating the plaintiff was admissible under rule 801d2d when offered against the government in ftca medical malpractice case B. holding that where the alj had already obtained and considered reports from treating physicians the alj had before him a complete medical history and the evidence received from the treating physicians was adequate for him to make a determination as to disability C. holding that anonymous statement was admissible as a statement by a partys agent under rule 801d2d and noting that a district court should be presented with sufficient evidence to conclude that the person who is alleged to have made the damaging statement is in fact a party or an agent of that party D. holding that remand was not required and that the aljs failure to mention treating physicians opinion was harmless error because the alj adopted the treating physicians recommendations E. holding that statement about deceased veteran made by va intake clerk during an interview with va legal counsel was admissible under rule 801d2d when offered against the government in ftca medical malpractice case

assistant: The best answer is A. holding that physicians statement during the course of treating the plaintiff was admissible under rule 801d2d when offered against the government in ftca medical malpractice case
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: them, sua sponte, on various grounds, including improper venue, untimeliness, and failure to state a claim. See 28 U.S.C. § 1915(e)(2). Logan appeals. We assume the parties’ familiarity with the facts, the procedural history, and the scope of issues on appeal. We affirm on the opinion of the district court. We note that Logan stated at oral argument that the charges from her allegedly false 1996 arrest were dropped within twenty-four hours, removing any doubt that the corresponding § 1983 claim is time-barred, as the district court had concluded. See Patterson v. County of Oneida, 375 F.3d 206, 225 (2d Cir.2004) (“The statute of limitations applicable to claims brought under ...[§] 1983 in New York is three years.”); Covington v. City of New York, 171 F.3d 117, 121-23 (2d Cir.1999) (<HOLDING>). We have considered all of Logan’s arguments, Options: A. holding that unlike malicious prosecution claim false arrest claim accrues on the date of the arrest B. holding that claims for false arrest and imprisonment under 1983 accrue at the time of the arrest C. holding that a false arrest claim accrues at the latest when the criminal prosecution is dismissed D. holding that malicious prosecution claim accrues when underlying prosecution is terminated E. holding that false arrest and false imprisonment claim were not duplicative

assistant: The best answer is C. holding that a false arrest claim accrues at the latest when the criminal prosecution is dismissed
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: suffered as a result of an intrusive security search during the embarkation process. Id. Although plaintiff had no cause of action under the Convention' — because she had not suffered any bodily injury — she was nevertheless prohibited from circumventing its restrictions by bringing an action to recover under local law. Id. In the case at bar, Plaintiff admits that she is suing to recover damages only for emotional injuries suffered as a result Richer’s alleged discrimination. (Doc. # 41, 43:9-144:3). Consequently, although she cannot maintain a cause of action under Article 17, her claim is nonetheless preempted because it arose from events that took place during embarkation of an international flight. See, e.g., King v. American Airlines, Inc., 284 F.3d 352, 355 (2d Cir.2002) (<HOLDING>); Waters v. Port Auth, 158 F.Supp.2d 415, 429 Options: A. holding that federal common law is the law that would govern in the absence of the warsaw convention B. holding the state law claims were not preempted C. holding that passengers discrimination claims brought under 42 usc 1981 fell within the substantive scope of and were preempted by the warsaw convention because the claims arose from events that occurred during the course of embarkation of an international flight D. holding plaintiffs breach of contract claims fell outside the scope of the montreal convention because the plain language of article 19 of the montreal convention indicates that it governs claims for delay not nonperformance E. holding that additional claims brought under state law are preempted by the montreal convention

assistant: The best answer is C. holding that passengers discrimination claims brought under 42 usc 1981 fell within the substantive scope of and were preempted by the warsaw convention because the claims arose from events that occurred during the course of embarkation of an international flight
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: California state prisoner Rick Lee Huegerieh appeals pro se the district court’s judgment dismissing with prejudice his 28 U.S.C. § 2254 petition for writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm. Huegerieh’s contention that his 25-years-to-life sentence, imposed under California’s Three Strikes law, violates the Eighth Amendment’s prohibition against cruel and unusual punishment is foreclosed by Lockyer v. Andrade, 538 U.S. 63, 123 S.Ct. 1166, 1172-75, 155 L.Ed.2d 144 (2003) (<HOLDING>). Huegerieh also contends that California’s Options: A. holding that the federal habeas courts task is to determine if the state courts decision was contrary to or involved an unreasonable application of clearly established federal law as determined by the supreme court of the united states B. holding that the federal constitutional right to a jury trial does not apply to decisions to impose consecutive sentences C. holding that the state courts affirmance of two consecutive 25yearstolife sentences for petty theft was not contrary to or an unreasonable application of federal law D. recognizing that a state courts determination is not an unreasonable application of law merely because it is erroneous E. holding that courts are duty bound to correct sentences violating the trial courts statutory authority to issue consecutive sentences under indiana code section 355012

assistant: The best answer is C. holding that the state courts affirmance of two consecutive 25yearstolife sentences for petty theft was not contrary to or an unreasonable application of federal law
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 Loan Party and each Group member has timely filed or caused to be filed all Tax returns and reports required to have been filed and has paid or caused to be paid all Taxes required to have been paid by it, except (a) Taxes that are being contested in good faith by appropriate proceedings and for which such Loan Party or such Group member, as applicable, has set aside on its books adequate reserves or (b) to the extent that the failure to do so could not be expected to result in a Material Adverse Effect. Other than Permitted Encumbrances, no tax liens have been filed. Any fiscal unity ( fiscale eenheid ) for Dutch corporate income tax ( vennootschapsbelasting ) or Dutch value added tax ( omzetbelasting ) purposes, if any, consists of Dutch Loan Parties only. Each of the Dutch Loan Parties is resident for tax purposes only in its jurisdiction of incorporation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Keep all property useful and necessary in the business of the Company, each Material Subsidiary and each Insurance Subsidiary in good working order and condition, ordinary wear and tear excepted and (b) maintain with financially sound and reputable insurance companies insurance on all the property of the Company, each Material Subsidiary and each Insurance Subsidiary in at least such amounts and against at least such risks as are usually insured against in the same general area by companies engaged in the same or a similar business.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the governing legal framework. Aspen cites Allen v. Lloyd’s of London, 94 F.3d 923 (4th Cir.1996), and Rice v. Bellsouth Adver. & Publ’g Corp., 240 F.Supp.2d 526 (W.D.N.C.2002), and argues that traditional forum selection clause jurisprudence applies. See Pl.’s Mem. in Opp’n to Def.’s Mot. to Dismiss 45. Moreover, Aspen contends that the forum selection clause is not dispositive, and that it merits little weight because it is unreasonable. See id. at 4-7; Allen, 94 F.3d at 928 (“But the presumption of enforceability that forum selection and choice of law provisions enjoy is not absolute and, therefore, may be overcome by a clear showing that they are unreasonable under the circumstances.” (quotation omitted)); Rice, 240 F.Supp.2d at 528 34, 8, 92 S.Ct. 1907, 32 L.Ed.2d 513 (1972) (<HOLDING>). Courts have rejected the traditional forum Options: A. holding that a broadly worded forum selection clause extending to any dispute arising in relation to the contract easily encompasses a dispute in which the contract is raised as a defense B. 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 C. holding that contract promise to litigate any dispute arising from the contract in the english courts was prima facie valid quoting underlying contract D. holding that an attorney approval clause in a contract for the sale of real estate was a part of that contract and would have to be satisfied for the underlying contract to be enforceable E. holding that for a suit to be brought in the venue in which the contract was to be performed the contract must expressly state where the performance of the contract was to occur

assistant: The best answer is C. holding that contract promise to litigate any dispute arising from the contract in the english courts was prima facie valid quoting underlying 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 case excerpt and choose the best holding from the options. Case excerpt: to each spouse” in dividing the marital property. In accordance with section 503(d)(3), Paul’s accumulation of disability benefits, as nonmarital property set aside to him, was a proper factor for the trial court to consider in the division of the marital property. See Hapaniewski, 107 Ill. App. 3d at 853. We also do not believe that the trial court’s consideration of Paul’s accumulated disability benefits ran afoul of the anti-attachment provisions of section 5301(a)(1). Those anti-attachment provisions speak to the “payment of benefits due or to become due” to a veteran. 38 U.S.C.A. § 5301(a)(1) (West Supp. 2004). In other words, the federal statute prohibits the assignment or attachment of present or anticipated disability benefit payments. See generally Crook, 211 Ill. 2d at 449-50 (<HOLDING>). Indeed, all of the cases discussing the Options: A. holding trial court had no authority to award portion of the marital property to wifes children from another marriage even though money they received by way of social security benefits were commingled with the marital estate and used in part for the aequisition of marital property B. holding that use of social security benefits satisfied child support obligation C. holding that offset for social security retirement benefits does not include federal disability benefits and stating that there was no legislative intent to embody the entire subchapter of the social security act dealing with both disability benefits and old age benefits D. holding that a trial judge should not consider a spouses anticipated social security benefits as a factor in distributing the marital assets E. holding that an evidentiary hearing is not required prior to the termination of social security disability benefits

assistant: The best answer is D. holding that a trial judge should not consider a spouses anticipated social security benefits as a factor in distributing the marital assets
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any legal action or proceeding with respect to this Agreement shall be brought in the courts of the State Massachusetts or of the United States of America for the District of Massachusetts. By execution and delivery of this Agreement, each of the parties hereto accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. Each of the parties hereto irrevocably consents to the service of process of any of the aforesaid courts in any such action or proceeding by mailing copies thereof by certified mail, postage prepaid, to the party at its address set forth in subsection (f). THE PARTIES IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY TO ALL CLAIMS HEREUNDER.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the laws of the State of New York, but without regard to its principles of conflicts of law. In the event any provision of this Agreement shall be held invalid, illegal or unenforceable, in whole or in part, for any reason, such determination shall not affect the validity, legality or enforceability of any remaining provision, portion of provision or this Agreement overall, which shall remain in full force and effect as if the Agreement had been absent the invalid, illegal or unenforceable provision or portion thereof.

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 case excerpt and choose the best holding from the options. Case excerpt: to settle all disputes, whether arising out of the application of such agreements or otherwise, in order to avoid any interruption to commerce,” 45 U.S.C. § 152 (First). The broad command of Section 2 (First) fills the interstices of the explicit status quo provisions: A carrier or its employees may invoke it either to ensure effective compliance with the explicit status quo provisions, see Chicago & Nw. Ry. Co. v. United Transp. Union, 402 U.S. 570, 578, 91 S.Ct. 1731, 29 L.Ed.2d 187 (1971) (“The strictest compliance with the formal procedures of the Act [the RLA] is meaningless if one party goes through the motions with ‘a desire not to reach an agreement.’ ”), or to further justify an injunction premised primarily on those provisions, see Shore Line, 396 U.S. at 152, 90 S.Ct. 294 (<HOLDING>). We thus conceive of this “implicit status quo Options: A. holding that tull did not mandate a jury trial in a state environmentalenforcement action for injunctive relief and civil penalties where the civilpenalty statute contained multiple factors including equitable restitution and the legislatures statement of purpose emphasized the importance of protecting and maintaining the natural resources of the state and of preserving the status quo goals that were equitable in nature B. holding that the stay put provision establishes a strong preference but not a statutory duty for maintenance of the status quo C. holding that the explicit status quo provisions together with 2 first form an integrated harmonious scheme for preserving the status quo from the beginning of the major dispute through the final 30day coolingoff period D. holding that a preliminary injunction was a reasonable means of preserving the status quo and was of the same character as the ultimate relief sought when a few but not all of the causes of action in the complaint were of an equitable nature including causes of action for unjust enrichment and imposition of constructive trust E. holding that where a proposed project does not alter the status quo then it does not have a significant impact

assistant: The best answer is C. holding that the explicit status quo provisions together with 2 first form an integrated harmonious scheme for preserving the status quo from the beginning of the major dispute through the final 30day coolingoff period
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: You agree that any and all disputes that you raise arising out of or relating in any way to the validity, interpretation or enforcement of this Agreement, or any unreleased claims relating to your employment, other than disputes which by statute are not arbitrable or in which the Company is seeking equitable relief, including injunctive relief, shall be resolved through binding arbitration pursuant to the Company’s Dispute Resolution Program in effect on the date you execute this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: At any time after the Closing Date, Buyer shall, at Seller’s expense and without incurring any legal liability beyond that provided for in this Agreement, promptly execute, acknowledge and deliver any other assurances or documents reasonably requested by Seller and necessary for Seller to satisfy its obligations hereunder or obtain the benefits contemplated hereby.

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: by confiscating a student’s pro-drug banner); that public educational institutions have the right “to adopt and enforce reasonable, nondiscriminatory regulations as to the time, place and manner of student expressions and demonstrations,” Bayless v. Martine, 430 F.2d 873, 878 (5th Cir.1970) (citing Williamson v. Lee Optical, 348 U.S. 483, 487-88, 75 S.Ct. 461, 464, 99 L.Ed. 563 (1955)); and that school officials must be permitted “to prescribe and control conduct in the schools.” Tinker, 393 U.S. at 507, 89 S.Ct. at 737 (citing Epperson v. Arkansas, 393 U.S. 97, 104, 89 S.Ct. 266, 270, 21 L.Ed.2d 228 (1968); Meyer v. Nebraska, 262 U.S. 390, 402, 43 S.Ct. 625, 627, 67 L.Ed. 1042 (1923)). See also Bd. of Educ. v. Earls, 536 U.S. 822, 829-30, 122 S.Ct. 2559, 153 L.Ed.2d 735 (2002) (<HOLDING>), cited in Morse, supra, — U.S. at —, 127 S.Ct. Options: A. recognizing the districts duty of care for the protection of school children in its schools B. holding a fourth amendment terry detention is not a custodial arrest and the use of handcuffs does not automatically convert a temporary detention into a fourth amendment arrest C. recognizing an implied fourth amendment action for damages D. recognizing the schools custodial and tutelary responsibility for children in the fourth amendment context E. holding that fourth amendment not violated when officer makes custodial arrest for driving without a seatbelt

assistant: The best answer is D. recognizing the schools custodial and tutelary responsibility for children in the fourth amendment context
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will maintain in effect and enforce policies and procedures reasonably designed to ensure compliance by the Borrower, its Subsidiaries and their respective directors, officers, employees and agents which are acting or benefiting in any capacity in connection with this Agreement with Anti-Corruption Laws and applicable Sanctions.

assistant: Sanctions
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 serve as the Company’s President and Chief Executive Officer. Executive shall (i) report solely to the Board of Directors of the Company (the “Board”), (ii) be the most senior executive officer of the Company; (iii) have all other executives and employees report to him (directly and indirectly); (iv) be responsible for the general management and affairs of the Company, including but not limited to decisions regarding the strategic direction of its products and services (with the approval of the Board) and the hiring, promotion, firing and compensation of its non-officer employees; and (v) have such other duties, responsibilities and authorities as are customarily associated with the position of chief executive officer of a company of the size and nature of the Company, and such additional duties and responsibilities consistent with his position as may, from time to time, be assigned to him by the Board.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, the Company shall pay the Executive a base salary (the “ Base Salary ”) at the rate of $410,000 (four hundred ten thousand US dollars) per annum, payable in accordance with the normal payroll practices of the Company for its executives and subject to increase (but not decrease) from time to time by the CEO, in his/her discretion.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 2014 WL 890016, at *6; see also Marquez v. Wells Fargo Bank, N.A., No. C 13-2819 PJH, 2013 WL 5141689, at *4 (N.D.Cal. Sept. 13, 2013). Wells Fargo relies on Marquez v. Wells Fargo Bank, N.A., C 13-2819 PJH, 2013 WL 5141689 (N.D.Cal. Sept. 13, 2013), which found that several statutes in California’s non-judicial foreclosure scheme were “preempted by HOLA, as it imposes requirements on ‘processing’ or ‘servicing’ of mortgages, or on the ‘terms of credit,’ and also seeks to impose an obligation that affects lending.” (Def. Mot. at 7-8; see, e.g., Gabali v. OneWest Bank, FSB, 2013 WL 1320770 at *10, 2013 U.S. Dist. LEXIS 47193 (N.D.Cal. March 29, 2013).) Marquez, howeve d 1093, 1108 (N.D.Cal.2013); Rhue v. Wells Fargo Home Mortgage, Inc., 2012 WL 8303189, at *3 (C.D.Cal. Nov. 27, 2012) (<HOLDING>); Rodriguez v. U.S. Bank Nat. Ass’n, 2012 WL Options: A. holding that whether hola governs the action depends on when the alleged conduct occurred B. holding that harassing conduct not sufficiently severe and pervasive where conduct would not have affected the work environment of a reasonable person C. holding that a case was not moot where city failed to provide assurance that policeman charged with misconduct would not be rehired or that challenged conduct would not be resumed D. holding that world savings banks conduct before its merger with wells fargo would be governed by hola where appropriate while wells fargos own conduct after that date would not E. holding that uncharged conduct may be considered at sentencing when that conduct is proven by a preponderance of the evidence

assistant: The best answer is D. holding that world savings banks conduct before its merger with wells fargo would be governed by hola where appropriate while wells fargos own conduct after that date would not
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to the principles of conflict of laws. Each of the parties consents to the jurisdiction of the state courts of the State of New York and the U.S. District Court for the District of New York sitting in Manhattan, for the adjudication of any civil action asserted pursuant to this paragraph.

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 case excerpt and choose the best holding from the options. Case excerpt: filed and it does not matter that all parties were not served within thirty days. AWSD bases its argument on a novel reading of our Supreme Court’s decision in Maples v. State, 110 N.M. 34, 791 P.2d 788 (1990). In Maples, the Supreme Court held that on procedural matters such as time limitations for appeals, rules adopted by the Supreme Court governing limitations period for appeal to the judiciary from workers’ compensation deci sions prevail over an inconsistent statute. Id. at 36, 791 P.2d at 790. AWSD argues that Section 72-7-1 is such an inconsistent statute and that AWSD was therefore required to comply only with the requirements set out in Rule 1-074 to perfect its appeal to the district court. But cf. In re Application of Metro. Invs., Inc., 110 N.M. at 440, 796 P.2d at 1136 (<HOLDING>). {7} AWSD admits that it did not make this Options: A. holding time for filing notice of appeal under rule 8002 is jurisdictional B. holding that successive new trial or jnov motions do not toll the time for serving the notice of appeal C. holding that timeliness of filing of notice of appeal is a jurisdictional issue D. holding that the time limits in the equal access to justice act are jurisdictional E. holding that section 7271 statutory provisions specifically dealing with the time limits for serving notice of appeal from decisions of the state engineer were jurisdictional

assistant: The best answer is E. holding that section 7271 statutory provisions specifically dealing with the time limits for serving notice of appeal from decisions of the state engineer were jurisdictional
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 Guaranty may be executed in any number of counterparts, each of which when executed, shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument binding upon all of the parties hereto notwithstanding the fact that all parties hereto are not signatory to the original or the same counterpart. For purposes of this Guaranty, e-mail, facsimile or other electronic signatures shall be deemed originals, and the parties hereto agree to exchange original signatures as promptly as possible.

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: Each of Holdings and the Borrower shall, and shall cause each Restricted Subsidiary to, pay its Indebtedness and other obligations that, if not paid, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect before the same shall become delinquent or in default, and pay and discharge all material Taxes upon or against it, or against its properties, and all material claims which could reasonably be expected, if unpaid, to become a Lien upon its property (other than a Lien permitted under Section 6.02 ( Liens )), in each case prior to the date on which penalties attach thereto, unless and to the extent that (a) any such obligation, claim or Tax is being contested in good faith by appropriate proceedings, (b) adequate reserves with respect thereto are maintained on the applicable financial statements in accordance with GAAP, (c) such contest effectively suspends collection of the contested obligation and the enforcement of any Lien securing such obligation and (d) the failure to make payment pending such contest would not reasonably be expected to result in a Material Adverse Effect. The Dutch CIT Fiscal Unity, if any, shall consist of Dutch Loan Parties only, unless with the prior written consent of the Administrative Agent.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Following the execution of this Lender Joinder Agreement by the New Lender, an executed original hereof, together with all attachments hereto, shall be delivered to the Administrative Agent. The effective date of this Lender Joinder Agreement (the “ Effective Date ”) shall be the date of execution hereof by the Borrower, the Administrative Agent and the New Lender. As of the Effective Date, the Lender shall be a party to the Credit Agreement and, to the extent provided in this Lender Joinder Agreement, shall have the rights and obligations of a Lender thereunder and under the other Credit Documents.

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: The Borrower will take all necessary action to establish and maintain, irrevocably in Borrower (i) legal and equitable title to the Transferred Receivables and the Borrower Collection Accounts and (ii) all of each Originator’s right, title and interest in the Related Security associated with the Transferred Receivables, in each case, free and clear of any Liens, other than Liens in favor of the Collateral Agent, for the benefit of the Agents and the Lenders (including, without limitation, the filing of all financing statements or other similar instruments or documents necessary under the UCC (or any comparable law) of all appropriate jurisdictions to perfect the Collateral Agent’s security interest in the Transferred Receivables, Collection Accounts and Related Security and such other action to perfect, protect or more fully evidence the security interest of the Collateral Agent as the Collateral Agent may reasonably request); provided , however , that unless and until a Default or Event of Default has occurred and is continuing, no Loan Party shall be required to take any actions to establish, maintain or perfect the Collateral Agent’s security interest in the Related Security other than the filing of financing statements under the UCC of all appropriate jurisdictions and the actions specified elsewhere in this Agreement.

assistant: Titles
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 receive full and fair disclosures regarding the true value of a company’s stock”. Employers-Teamsters Local Nos. 175 & 505 Pension Trust Fund v. Anchor Capital Advisors, 498 F.3d 920, 922 n. 1 (9th Cir.2007). Thus, from this approach, as long as the investment advisor has discretion in determining what securities to buy and sell, it qualifies as a purchaser with standing to bring a securities fraud claim. See In re Rent-Way Sec. Litig., 218 F.R.D. 101, 108 (W.D.Penn.2003) (basing its inquiry “not on the presence or absence of specific ‘attorney-in-fact’ language in the agreements, but on the level of discretion exercised by [the investment advisor] in the day-to-day purchase of securities for its clients.”); In re DaimlerChrysler AG Sec. Litig., 216 F.R.D. 291, 299 (D.Del.2003) (<HOLDING>); see also Newman v. Eagle Bldg. Technologies, Options: A. holding that investment advisors with authority to make investment decisions for their clients have standing B. holding that plaintiffs had stated a claim for breach of fiduciary duty where they alleged that the revenue sharing payments to the thirdparty service provider were excessive because the underlying mutual funds investment management fees covered all of the necessary investment managementadvisory services needed for the mutual fund C. holding defendant sold investment contracts when it substituted new investors money for real investment return on old investors funds D. holding that an africanamerican investment advisor who accompanied two clients into a bank could assert a 51 claim alleging discrimination against the bank even though his clients were the actual customers of the bank E. holding that an investment advisor has standing in a securities fraud litigation because its clients appointed it as their attorneyinfact

assistant: The best answer is A. holding that investment advisors with authority to make investment decisions for their clients have standing
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: by denying the admission at trial of affidavits Zahn contends supported his case. See Fed.R.Evid. 801(c) and 804(a); cf. Mutuelles Untes v. Kroll & Linstrom, 957 F.2d 707, 713 (9th Cir.1992) (explaining that, to be admissible under Fed. R.Evid. 804, affidavits require more than an oath alone to guarantee the trustworthiness of the affiant). The district court also did not abuse its discretion by admitting letters from Zahn’s physician and psychologist. See Chuyon Yon Hong v. Mukasey, 518 F.3d 1030, 1034 (9th Cir.2008) (explaining that the exclusionary rule “is an exceptional remedy typically reserved for violations of constitutional rights” in criminal cases) (citations and internal quotation marks omitted); cf. Haddad v. Lockheed Cal. Corp., 720 F.2d 1454, 1456 (9th Cir.1983) (<HOLDING>). We decline to consider Zahn’s contentions Options: A. holding that the rule 404b evidence admitted to prove intent was clearly relevant because intent was at issue in the trial B. holding that evidence of a 10yearold drug conviction was properly admitted to show intent in a prosecution for possession with intent to distribute C. holding that a title vii plaintiff could not hold coworkers liable in their individual capacities under title vii D. holding in similar bus bid rigging trial that evidence of another conspiracy was properly admitted to show defendants knowledge and general intent E. holding evidence properly admitted as nonhearsay during trial in a title vii action to show nondiscriminatory intent

assistant: The best answer is E. holding evidence properly admitted as nonhearsay during trial in a title vii action to show nondiscriminatory intent
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 relevant question at the motion-to-dismiss stage is not whether Plaintiffs have alleged an exact sum of money in their complaint. Indeed, the case primarily relied upon by Defendants shows that alleging an exact sum of money is not itself enough to support a conversion claim. See, e.g., High View Fund, L.P. v. Hall, 27 F.Supp.2d 420, 429 (S.D.N.Y. 1998) (dismissing conversion claim seeking $1 million because “plaintiffs do not claim ownership of a specifically identifiable, segregated $1 million” (internal quotation marks, alteration, and citation omitted)). Rather, the question is whether the money alleged to have been converted is specifically “identifiable” or, put another way, whether it is capable of “being desc l & Vaccaro, 187 A.D.2d 384, 385, 590 N.Y.S.2d 201 (1992) (<HOLDING>); Brennan’s Bus Serv., Inc. v. Brennan, 107 Options: A. holding that notwithstanding the chapter 7 trustees postpetition settlement of state court litigation attorney had a valid charging lien in settlement proceeds for the attorneys prepetition services where services were beneficial to the estate B. holding that contract debt was not subject to an act in tort for conversion C. holding that proceeds of a litigation settlement were an identifiable fund and thus a proper subject of a misappropriation and conversion claim D. holding that the entirety of litigation settlement proceeds was taxable income to client not net after payment of attorney fees E. holding that defendant was entitled to summary judgment on conversion claim because the claim seeks merely to recover an allegedly unpaid debt and does not seek to recover money from a discrete identifiable fund

assistant: The best answer is C. holding that proceeds of a litigation settlement were an identifiable fund and thus a proper subject of a misappropriation and conversion 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: our arbitration proceedings would be conducted by the american arbitration association ( `` aaa '' ) under its rules and procedures applicable at that time , including the aaa 's supplementary procedures for consumer-related disputes ( to the extent applicable ) , as modified by our arbitration agreement .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything to the contrary contained in Section 2 of this Agreement, the parties hereto acknowledge and agree that each Providing Party shall provide the Transition Services as set forth in Section 2 of this Agreement, subject to the ultimate authority of the Receiving Party to control its own business and affairs. Each party acknowledges that the services provided hereunder by any Providing Party are intended to be administrative, technical and ministerial and are not intended to set policy for the Receiving Party.

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 legal provision and list the applicable contract clause categories. Provision: Employee represents and warrants to Centuri that Employee is not bound by any covenant not to compete or similar agreement that would prohibit Employee from performing, or would restrict or limit Employee in Employee’s performance of, Employee’s job duties for Centuri. Employee shall indemnify and hold harmless Employer Group and its officers, managers, members, agents and representatives from and against any damages, losses, claims, costs (including attorneys’ fees) incurred by any of them arising out of or resulting from any breach of the foregoing representation and warranty by Employee. Centuri acknowledges that Employee is subject to a non-solicitation of IEA employees until September 3, 2016.

assistant: Representations
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: rights by initiating criminal proceedings against Mr. Pitt without probable cause. After trial, the district court granted judgment as a matter of law to the defendants on these claims. The court held that it is not “clearly established” that malicious prosecution is a violation of constitutional rights, and. thus the defendants are entitled to qualified immunity. We affirm. Section 1983 creates a cause of action to remedy certain deprivations of federal rights, but it is not a source of substantive rights. See Baker v. McCollan, 443 U.S. 137, 144 n. 3, 99 S.Ct. 2689, 61 L.Ed.2d 433 (1979) (noting that “[section 1983] is not itself a source of substantive rights, but a method for vindicating federal rights elsewhere conferred by those parts of the United State 16 (2d Cir.1995) (<HOLDING>); Gallo v. City of Philadelphia, 161 F.3d 217, Options: A. holding that there is no substantive due process right under the fourteenth amendment to be free from malicious prosecution B. holding that the fourth amendment right implicated in a malicious prosecution action is the right to be free of unreasonable seizure of the person C. holding sbm is not a violation of the defendants fourth amendment right to be free from unreasonable searches and seizures D. holding that there is no fourteenth amendment substantive due process right to be free from malicious prosecution and suggesting that such a cause of action might lie under the fourth amendment E. recognizing that an alleged deprivation of the right to be free from prosecution without probable cause might be judged under the fourth amendment

assistant: The best answer is B. holding that the fourth amendment right implicated in a malicious prosecution action is the right to be free of unreasonable seizure of the person
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: cause to search, (2) a recognized exception to the warrant requirement, and (3) reasonable procedures). 8 . 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908. 9 . See, e.g., People v. Ritchie, 130 Cal.App.3d 455, 181 Cal.Rptr. 773, 774 (1982) (noting in dicta that. the dissipation of blood alcohol evidence over time is a "special factor" that "triggers ... warrantless intrusion into the body"); State v. Entrekin, 98 Hawai'i 221, 47 P.3d 336, 348 (2002) (stating that exigent circumstances were "clearly present" because alcohol dissipates from bloodstream); State v. Woolery, 116 Idaho 368, 775 P.2d 1210, 1212 (1989) (stating that dissipation of alcohol in blood creates an "inherent exigency which justifies [a] warrantless search"); DeVaney v. State, 259 Ind. 483, 288 N.E.2d 732, 735 (1972) (<HOLDING>); State v. Baker, 502 A.2d 489, 493 (Me.1985) Options: A. holding that rough handling under the exigent circumstances present was not excessive force B. holding that once the scene was secure exigent circumstances no longer existed and the police were required to obtain a search warrant C. recognizing exigent circumstance exception to warrant requirement D. holding that exigent circumstances were created by dissipation of bloodalcohol content in time needed to obtain a warrant E. holding that exigent circumstances were present because evidence of bloodalcohol content could disappear during the time necessary to obtain a warrant

assistant: The best answer is E. holding that exigent circumstances were present because evidence of bloodalcohol content could disappear during the time necessary to obtain a warrant