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 legal provision and list the applicable contract clause categories. Provision: No representation or warranty of any Credit Party contained in any Credit Document or in any other documents, certificates or written statements furnished to the Lenders by or on behalf of the Borrower or any of its Subsidiaries for use in connection with the transactions contemplated hereby (other than projections and pro forma financial information contained in such materials) contains any untrue statement of a material fact or omits to state a material fact known to such Credit Party necessary in order to make the statements contained herein or therein not misleading in any material manner in light of the circumstances in which the same were made. Any projections and pro forma financial information contained in such materials are based upon good faith estimates and assumptions believed by the Credit Parties to be reasonable at the time made, it being recognized by the Administrative Agent and the Lenders that such projections as to future events are not to be viewed as facts and that actual results during the period or periods covered by any such projections may differ from the projected results and that such differences may be material. There are no facts known to any Credit Party (other than industry-wide risks normally associated with types of businesses conducted by the Credit Parties and matters of a general economic nature) that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect and that have not been disclosed herein or in such other documents, certificates and statements furnished to the Lenders.

assistant: Disclosures
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 parties to this Agreement acknowledge that each of them has participated in the negotiation of this Agreement, and no provision of this Agreement shall be construed against or interpreted to the disadvantage of any party hereto by any court or other governmental or judicial authority by reason of such party having or being deemed to have structured, dictated or drafted such provision.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No remedy or election hereunder shall be deemed exclusive, but shall wherever possible, be cumulative with all other remedies at law or in equity. No waiver of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach of the same or any other provision. No waiver of any breach shall affect or alter this Lease, but each and every term, covenant and condition of this Lease shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. No reference to any specific right or remedy shall preclude the exercise of any other right or remedy permitted hereunder or that may be available at law or in equity. No failure by Landlord to insist upon the strict performance of any agreement, term, covenant or condition hereof, or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial rent during the continuance of any such breach, shall constitute a waiver of any such breach, agreement, term, covenant or condition.

assistant: No 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: essential contractual obligations are such duties of airbnb in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage .

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 case excerpt and choose the best holding from the options. Case excerpt: Dec. 20, 2001) (Fed. R. Civ.P. 27); Apple Computer, Inc. v. Doe 1, No. 1-04 — CV-032178, 2005 WL 578641, at *2 (Cal.Super.Ct. Mar. 11, 2005) (California discovery statute). 4 . See 4 H.P.N. Gammel, The Laws of Texas 1822-1897, at 982-83, http://texashistory.unt. edu/p ermalink/meta-pth-6730:986. 5 . See Tex.R. Civ. P. 270 (allowing court discretion to permit "additional evidence” to be offered); TexR. Civ. P. 286 (stating that ”[a]d-ditional argument may be allowed in the discretion of the court” in event jury receives further instructions after having retired); Tex.R. Evid. 611(a) (giving court "reasonable control” over interrogation of witnesses and presentation of evidence); Tex. Employers Ins. Ass’n v. Loesch, 538 S.W.2d 435, 440 (Tex.Civ.App.-Waco 1976, writ ref'd n.r.e.) (<HOLDING>). The trial court’s authority to dismiss for Options: A. holding trial court erred in overruling defendants objection on same ground as asserted here to trial courts voir dire hypothetical that was similarly worded to states hypothetical here B. holding failure to take action may have some bearing on good faith C. holding that a defendant who preemptively introduces evidence of a prior conviction on direct examination may not on appeal claim that the admission of such evidence was error D. holding that court may place some limits on voir dire examination E. holding that no manifest injustice resulted although the prosecutor did misstate the law at one point because the correct standard of proof was restated multiple other times during voir dire and in argument and the jury was properly instructed

assistant: The best answer is D. holding that court may place some limits on voir dire examination
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: See INS v. St. Cyr, 533 U.S. 289, 312-14, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001); and see Bejacmar v. Ashcroft, 291 F.3d 735, 736-37 (11th Cir.2002) (noting that Richardson had been overruled). Subsequently, in Calcano-Martinez, the Supreme Court rejected the petitioners’ suggestion that it should construe § 1252(a)(2)(C) to mean that courts of appeals are stripped of direct Cir.2002) (stating that habeas proceedings carry a more limited scope of review than direct-review proceedings); Sol v. INS, 274 F.3d 648, 651 (2d Cir.2001); Bowrin v. INS, 194 F.3d 483, 490 (4th Cir.1999) ("Only questions of pure law. will be considered on § 2241 habeas review. Review of factual or discretionary issues is prohibited."); cf. Aguilera v. Kirkpatrick, 241 F.3d 1286, 1291, 1293 (10th Cir.2001) (<HOLDING>). We join our sister circuits in concluding Options: A. holding that statutes restricting judicial review of discretionary decisions do not preclude review of challenges to the constitutionality of ins regulations but holding that petitioners failure to receive discretionary relief does not rise to a constitutionally protected interest B. holding that 1252a2bs ban on review of judgments regarding the granting of relief precludes review of only discretionary decisions C. holding that availability of discretionary judicial review is sufficient to satisfy third younger requirement D. holding that because here the statutes in issue provide for judicial review via citizen suit provisions yet do not set forth a standard for that review judicial review is limited to apa review on the administrative record E. holding that an employers mere failure to follow its own rules and regulations does not give rise to a protected property interest

assistant: The best answer is A. holding that statutes restricting judicial review of discretionary decisions do not preclude review of challenges to the constitutionality of ins regulations but holding that petitioners failure to receive discretionary relief does not rise to a constitutionally protected interest
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company will employ Executive, and Executive agrees to work for the Company, as its Chief Executive Officer to perform the duties and responsibilities inherent in such position and such other duties and responsibilities consistent with such position (including travel, as required) as the Company’s Board of Directors (the “Board”) shall from time to time assign to him. Executive shall report directly to the Board and shall be subject to the supervision of, and shall have such authority as is delegated to him by, the Board, which authority shall be sufficient to perform his duties hereunder. Executive shall be a full time employee and shall devote his full business time and best efforts in the performance of the foregoing, provided (i) that he may accept board memberships or participate in charitable and similar organizations which are not in conflict with his primary obligations to the Company, further provided that such activities shall be approved by the Board, which approval shall not be unreasonably withheld; and (ii) he may perform related services as described in Section 6.6 below.

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 legal provision and list the applicable contract clause categories. Provision: All notices required or permitted by this Lease shall be in writing , and shall be deemed sufficiently given if served in a manner specified in this Paragraph 23. If notice is received on a Saturday or a Sunday or a legal holiday, it shall be deemed received on the next business day. The addresses noted adjacent to a Party’s signature on this Lease shall be that Party’s address for delivery or mailing of notice purposes. Either Party may by written notice to the other specify a different address for notice purposes, except that upon Lessee’s taking possession of the Premises, the Premises shall constitute Lessee’s address for the purpose of mailing or delivering notices to Lessee. A copy of all notices required or permitted to be given to Lessor hereunder shall be concurrently transmitted to such Party or Parties at such addresses as Lessor may from time to time hereafter designate by written notice to Lessee.

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 Company has full corporate power and authority to execute and deliver the Transaction Documents to which it is a party and to perform its obligations thereunder. The execution, delivery and performance of the Transaction Documents by each Company ha s been approved by the ir respective board of directors. This Agreement constitutes a valid and legally binding obligation of each Company, enforceable against each Company in accordance with the terms of this Agreement, and upon the execution and delivery by each Company of each Transaction Document (other than this Agreement), such Transaction Document will constitute a valid and legally binding obligation of each Company, enforceable against each Company in accordance with the terms of such Transaction Document.

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: The Plan will become effective on the date it is approved by the Company’s stockholders (the “ Effective Date ”). The Plan will expire on, and no Award may be granted pursuant to the Plan after the tenth anniversary of the Effective Date, but Awards previously granted may extend beyond that date and shall remain in force according to the terms of the Plan and the applicable Award Agreement. If the Plan is not approved by the Company’s stockholders, the Plan will not become effective, no Awards will be granted under the Plan and the Prior Plans will continue in full force and effect in accordance with their terms.

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 Corporation and Indemnitee hereby irrevocably and unconditionally (i) agree that any action or proceeding arising out of or in connection with this Agreement shall be brought only in the Chancery Court of the State of Delaware (the “ Delaware Court ”), and not in any other state or federal court in the United States of America or any court in any other country, (ii) consent to submit to the exclusive jurisdiction of the Delaware Court for purposes of any action or proceeding arising out of or in connection with this Agreement, (iii) waive any objection to the laying of venue of any such action or proceeding in the Delaware Court, and (iv) waive, and agree not to plead or to make, any claim that any such action or proceeding brought in the Delaware Court has been brought in an improper or inconvenient forum.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 188 to 235 months. Of course, the determination that cocaine base means more than just crack does not end the inquiry. The question now becomes what does this Court do with this advisory Guideline range. IV. The Sentence A. The Advisory Guidelines and § 3553 Having ruled on the Defendant’s objections to the PSR, this Court must now determine an appropriate sentence, giving due consideration to the Sentencing Guideline range applicable to this case (188 to 235 months), as well as to the factors set forth in the Sentencing Reform Act, 18 U.S.C. § 3553(a), which states as follow: The court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection. The court, in determining the particular se (E.D.Wis.2005) (<HOLDING>), United States v. Myers, 353 F.Supp.2d 1026 Options: A. recognizing that many of the 3553a factors are already incorporated into any guidelines determination and the 3553a factors can themselves overlap B. holding that nothing in booker or elsewhere requires the district court to state on the record that it has explicitly considered each of the 3553a factors or to discuss each of the 3553a factors C. holding that equal weight should be given to each factor listed in 3553a and courts must resolve conflicts between 3553 factors and guidelines D. holding that the district court is not required to state on the record that it has explicitly considered each of the 3553a factors or to discuss each of the 3553a factors E. holding that guidelines should be accorded the same weight as each other factor listed in 3553a

assistant: The best answer is C. holding that equal weight should be given to each factor listed in 3553a and courts must resolve conflicts between 3553 factors and guidelines
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 contains all of the understandings and agreements between and among the Partners with respect to the subject matter of this Agreement and the rights, interests and obligations of the Partners with respect to the Partnership. Notwithstanding any provision in this Agreement or any Unit Designation to the contrary, including any provisions relating to amending this Agreement, the Partners hereby acknowledge and agree that the Managing General Partner, without the approval of any Partner, may enter into side letters or similar written agreements with Partners that are not Affiliates of the Managing General Partner, executed contemporaneously with the admission of such Partner to the Partnership, which may have the effect of establishing rights under, or altering or supplementing the terms of, this Agreement or any Unit Designation, as negotiated with such Partner and which the Managing General Partner in its sole discretion deems necessary, desirable or appropriate. The parties hereto agree that any terms, conditions or provisions contained in such side letters or similar written agreements with a Partner shall govern with respect to such Partner notwithstanding the provisions of this Agreement.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 4.2 in the event of any third party claim that the service or the licensee 's possession and use of the service infringes that third party 's intellectual property rights , the licensor shall be responsible for the investigation , defense , settlement and discharge of any such intellectual property infringement claim .

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 case excerpt and choose the best holding from the options. Case excerpt: 991 F.2d at 1078. The district, court found the two marks to be very similar. Because we are firmly persuaded that in making this finding the trial judge was mistaken, we set that finding aside as clearly erroneous. While the two names sound similar, the trademarks themselves are not confusingly similar, given the context in which a purchaser sees them. See, e.g., Arrow Fastener Co., 59 F.3d at 396 (concluding that defendant’s use of a six-digit model number that contained the symbol “T50” was not confusingly similar to plaintiffs use of the mark, “Model T — 50”); W.W.W. Pharm., 984 F.2d at 573 (finding the two marks “Sportstick” and “Right Guard Sport Stick” distinct because of the second user’s addition of the company name and different mode of presentation); Lang, 949 F.2d at 582 (<HOLDING>). Several key distinctions may be observed Options: A. holding that defendants use of the name new choices for the best years was not confusingly similar to plaintiffs mark new choices press based in part on the defendants inclusion of additional words and use of a different typeface B. holding that in reviewing sufficiency of the evidence claims we view the evidence in the light most favorable to the government and draw all reasonable inferences and credibility choices in favor of the jurys verdict C. holding that the defendants use of the domain name moviebuffcom violated plaintiffs trademark rights in the mark moviebufp D. holding limited use of a mark did not constitute prior use in commerce sufficient to establish rights in the mark E. holding that concurrent use of same mark on similar product was sufficient to demonstrate a likelihood of confusion

assistant: The best answer is A. holding that defendants use of the name new choices for the best years was not confusingly similar to plaintiffs mark new choices press based in part on the defendants inclusion of additional words and use of a different typeface
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: IA shall have performed or complied in all material respects with all agreements and covenants required by this Agreement to be performed or complied with by it on or prior to the Closing Date, except to the extent that any failure to perform or comply (other than a willful failure to perform or comply or failure to perform or comply with an agreement or covenant reasonably within the control of IA) does not, or will not, constitute a Material Adverse Effect with respect to IA taken as a whole, and Grom have received IA Closing Certificate to such effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: F.3d 772, 778 (9th Cir.2003); see also Nat’l Ass’n of Clean Air Agencies v. EPA, 489 F.3d 1221, 1227-28 (D.C.Cir.2007); West Virginia v. EPA 362 F.3d 861, 868 (D.C.Cir.2004). Plaintiffs also adequately alleged that the Secretary’s action will undermine land management in the Imperial Valley. A county’s “concrete interests” in its “environment and in land management” can establish Article III standing. City of Las Vegas, 570 F.3d at 1114; see also Sausalito, 386 F.3d at 1198 (finding a concrete injury because a project would “result in a detrimental increase in traffic and crowds” and affect “municipal management and public safety functions” (quoting City of Sausalito v. O’Neill, 211 F.Supp.2d 1175, 1186 (N.D.Cal.2002))) (internal quotation marks omitted); City of Davis, 521 F.2d at 671 (<HOLDING>). C. Identification of Facts The Secretary Options: A. holding erisas accrual date for limitations period controlled despite contrary language in policy B. holding that declarations claiming that agency action will frustrate the citys policy of controlled growth and render its planning efforts to date obsolete established a concrete injury C. holding that allegations of future injury must be particular and concrete D. recognizing a drain on the organizations resources as a concrete and demonstrable injury E. recognizing a subsequent agency action as a valid ratification and indicating that the court will not substitute our judgment for that of the agency

assistant: The best answer is B. holding that declarations claiming that agency action will frustrate the citys policy of controlled growth and render its planning efforts to date obsolete established a concrete injury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: A trustee’s deed conveying the property was prepared on January 25, 2006. On December 31, 2005, the Debtor filed his Chapter 13 bankruptcy petition, and he declared that the value of the property was $200,000. The Debtor also filed a notice of his bankruptcy filing in Jefferson County, West Virginia on January 3, 2006. The Debtor’s Chapter 13 petition was filed before the foreclosure sale deed was recorded, and the Debtor is attempting to undue the foreclosure sale and cure his mortgage arrearage in his proposed Chapter 13 plan. II. DISCUSSION This case requires the court to make a determination of whether a debtor may cure a mortgage arrearage after the property subject to the mortgage has been sold at a foreclosure sale conducted in accordance with non-bankrup 5-56 (N.D.Ill.1997) (<HOLDING>); In re Downing, 212 B.R. 459, 462 Options: A. holding that 1322c1 is not ambiguous that the debtors cure right terminates on the date of the foreclosure sale regardless of the intricacies of the state foreclosure sale process and refusing to attach significance to the legislative record indicating that more extensive cure rights under state law persevere B. holding that the debtor had the right to cure the default because the foreclosure sale was not complete under state law until it was confirmed by a court C. holding that the debtor is entitled to cure the arrearage until entry of an order confirming the foreclosure sale completes the foreclosure process under oklahoma law D. holding that the debtors could cure the default until the delivery of a sheriffs deed to the successful purchaser rendering the sale complete under new jersey state law E. recognizing the language of 1322c1 as a minimum floor in cutting off the debtors right to cure and permitting the debtor to cure until the deed was delivered to the successful bidder which would complete the sale under new jersey law

assistant: The best answer is B. holding that the debtor had the right to cure the default because the foreclosure sale was not complete under state law until it was confirmed by a court
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: plaintiffs may have a reasonable expectation of privacy sufficient to require some form of prior notice, particularly if New York confers upon them the legal right to remain until they are afforded such notice. Compare State v. Dias, 62 Haw. 52, 609 P.2d 637, 639-40 (1980) (landowner’s long-term acquiescence to a trespasser’s presence can give the trespasser a cognizable privacy interest) with Amezquita, 518 F.2d at 11 (rejecting Fourth Amendment claim of squatters where “nothing in the record suggests that the squatters’ entry upon the land was sanctioned in any way by the Commonwealth”). While the Fourth Amendment normally requires little more notice than a knock on the door prior to a forced entry, see Wilson v. Arkansas, — U.S. -, -, 115 S.Ct. 1914, 1916, 131 L.Ed.2d 976 (1995) (<HOLDING>), the process required by the Fourth Amendment Options: A. recognizing principle B. holding that the common law knockandannounce principle forms a part of the fourth amendment reasonableness inquiry C. holding that commonlaw knock and announce rule is part of the fourth amendment reasonableness inquiry D. holding that knockandannounce principle is an element of the fourth amendment reasonableness inquiry because we have little doubt that the framers of the fourth amendment thought that the method of an officers entry into a dwelling was among the factors to be considered in assessing the reasonableness of a search and seizure E. holding that commonlaw knock and announce principle forms a part of the reasonableness inquiry under the fourth amendment

assistant: The best answer is B. holding that the common law knockandannounce principle forms a part of the fourth amendment reasonableness inquiry
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 the foregoing Section 7.1 , (i) following the Closing or, the Distribution if the Exchange Shares are issued to the Contributor, this Agreement shall terminate with respect to any Investor when such Investor’s Aggregate Ownership Percentage is equal to or less than five percent (5%) and (ii) this Agreement shall terminate if the Exchange Agreement is terminated in accordance with the terms therein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Consultant’s services and duties hereunder (collectively “ Services ”), term of engagement, compensation and provisions for payment thereof will be as set forth herein and in Exhibit A attached, which may be amended in writing from time to time, or supplemented with subsequent arrangements for services to be rendered by the Consultant as specifically agreed to by both parties in writing and attached as an addendum to or amendment of Exhibit A , and which collectively are hereby incorporated by reference.

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: Wherever pursuant to this Agreement (a) Indemnified Parties exercise any right given to it to approve or disapprove, (b) any arrangement or term is to be satisfactory to Indemnified Parties, or (c) any other decision or determination is to be made by Indemnified Parties, the decision of Indemnified Parties to approve or disapprove, all decisions that arrangements or terms are satisfactory or not satisfactory and all other decisions and determinations made by Indemnified Parties, shall be in the sole discretion of Indemnified Parties, except as may be otherwise expressly and specifically provided herein.

assistant: Approvals
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: you agree to : ( 1 ) try to choose a strong and secure password ; ( 2 ) keep your password secure and confidential ; ( 3 ) not transfer any part of your account ( e.g. , connections ) and ( 4 ) follow the law and our list of dos and do n'ts .

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: The representations and warranties of the parties hereto contained in this Agreement shall survive in full force and effect until the date that is 18 months after the Closing Date (or until final resolution of any claim or action arising from the breach of any such representation and warranty, if notice of such breach was provided prior to the end of such period), at which time they shall terminate. The covenants and agreements set forth in this Agreement shall survive until the earliest of the duration of any applicable statute of limitations, until performed or no longer operative in accordance with their respective terms.

assistant: Survival
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: you and oculus agree that any dispute is personal to you and oculus , and that any dispute shall only be resolved by an individual arbitration and shall not be brought as a class arbitration , a class action or any other representative proceeding .

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 case excerpt and choose the best holding from the options. Case excerpt: misrepresentation; economic duress; and breach of fiduciary responsibility. 3 . The parties apparently do not dispute that Texas law applies to determine whether a contract was formed in this case. 4 . Stinger does not address the issue of choice of law in his brief. However, he cites only cases applying California law. Given that Stinger is a Texas resident, Chase is a Delaware bank, JPMC is an Ohio bank, the contract provides for Delaware law, and Stinger offers no rationale for using California law, we decline to use California law to resolve this dispute. 5 . All of the cases Stinger cites apply California law and are factually distinguishable from this case. See Armendariz. v. Found. Health Psychcare Servs., Inc., 24 Cal.4th 83, 114, 117-18, 99 Cal.Rptr.2d 745, 6 P.3d 669 (2000) (<HOLDING>); Badie v. Bank of Am., 67 Cal.App.4th 779, 79 Options: A. holding that an employees private arbitration agreement with her employer precluded her from filing suit against the employer under the adea B. holding that the party demanding arbitration had waived its right to arbitrate by filing eight months earlier a complaint against the other party to the arbitration agreement C. holding unconscionable an arbitration agreement requiring employees to arbitrate claims against the employer but not requiring the employer to arbitrate claims against the employees D. holding that an agreement to arbitrate is illusory if as here the employer can unilaterally modify the contract E. holding unconscionable under california law employment contract compelling arbitration of claims employee most likely to bring against employer but not claims employer most likely to bring against employee and requiring first 125 of arbitration fees to be paid by employee

assistant: The best answer is C. holding unconscionable an arbitration agreement requiring employees to arbitrate claims against the employer but not requiring the employer to arbitrate claims against the employees
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in a survival action stems from the rights possessed by the decedent. Further, the limitations period in a wrongful death action begins to run “when a pecuniary loss is .sustained by the beneficiaries of the person whose death has been caused by the tort of another.” Moyer, 651 A.2d at 1142. The cases cited by Defendants provide little guidance where, as here, Child sustained his injury, and Plaintiffs incurred their pecuniary loss re- suiting from Child’s death, years after the allegedly negligent act. In this case, Plaintiffs’ recovery for damages in their survival action stems from the rights of action possessed by the decedent, i.e., Child, at the time of his death. See id. at 1141. Child did not possess any rights to proceed against Defendants until he suffered an injury. See id. (<HOLDING>). The evidence, viewed in a light most Options: A. holding that the statute of limitations begins to run on the date the alleged malpractice is discovered B. holding that when the representations and warranties were made on the date of closing the statute of limitations began to run on that date even though the contract imposed cure and repurchase obligations on the defendant C. holding that the date on which the plaintiff learned of the defendants denial of tenure not the date on which the plaintiff became unemployed was when the statute of limitations began to run D. holding that 2401a statute of limitations on procedural challenge began to run at the latest on the date the challenged regulation was amended E. recognizing that the statute of limitations for a survival action began to run on the date of the decedents injury as though he was bringing his own lawsuit

assistant: The best answer is E. recognizing that the statute of limitations for a survival action began to run on the date of the decedents injury as though he was bringing his own lawsuit
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: except as otherwise set out in these terms , and to the maximum extent permitted by applicable law , we are not responsible or liable , either directly or indirectly , for any injuries or damages that are sustained from your physical activities or your use of , or inability to use , any services or features of the services , including any content or activities that you access or learn about through our services ( e.g. , a third-party activity such as a yoga class ) , even if caused in whole or part by the action , inaction or negligence of under armour or by the action , inaction or negligence of others .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: joinder of all members is impracticable.” Fed. R. Civ. P. 23(a)(1). “[A] plaintiff does not need to demonstrate the exact number of class members as long as a conclusion is apparent from good-faith estimates.” Barragan v. Evanger’s Dog and Cat Food Co., 259 F.R.D. 330, 333 (N.D.Ill.2009). Although there is no bright-line rule for exactly how many members are enough to establish a class, “[generally, where class members number at least 40, joinder is considered impracticable and nu-merosity is satisfied.” Oplchenski v. Parfums Givenchy, Inc., 254 F.R.D. 489, 495 (N.D.Ill. 2008); see also Pruitt v. City of Chicago, 472 F.3d 925, 926-27 (7th Cir.2006) (“Sometimes ‘even’ 40 plaintiffs would be unmanageable.”); Swanson v. Am. Consumer Indus., Inc., 415 F.2d 1326, 1333 n. 9 (7th Cir.1969) (<HOLDING>). PHI’s forensic expert’s report shows that Options: A. recognizing that the number of class representatives is not significant under rule 23a B. holding that a proposed class of 40 was a sufficiently large group to satisfy rule 23a C. holding that rule 23a requirements must be satisfied as if class were to litigate its claims D. holding that the plaintiffs had not offered sufficient evidence that their claims met the requirements of rule 23a E. holding that choiceoflaw issues prevented a manageable class under rule 23a

assistant: The best answer is B. holding that a proposed class of 40 was a sufficiently large group to satisfy rule 23a
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in the place of those defendants for the purposes of the third-party action. 3 . This statutory provision, as well as Miss.Code Ann. § 83-3-107, discussed infra, were repealed, revised and recodified in 1987. See Miss.Code Ann. § 83-2-1, et seq. Since these prior provisions were effective at the time the insurance policy at bar was issued, they control this court’s determination rather than the statutes currently in force. 4 . It is also interesting to note that Judge Wingate relied in part upon the decision of International Ins. Co. v. Love, No. Civ-86-64-A (W.D.Okla. Feb. 23, 1987). McMullan, 1990 WL 483731 at *16. The value of that decision was effectively voided by a later Tenth Circuit decision. F.D.I.C. v. American Cas. Co. of Reading, Pa., 975 F.2d 677, 682, 683 (10th Cir.1992) (<HOLDING>); see also Gary v. American Cas. Co. of Options: A. holding it is settled that in construing an endorsement to an insurance policy the endorsement and the policy must be read together and the words of the policy remain in full force and effect except as altered by the words of the endorsement B. holding failure to gain approval of insurance board for endorsement did not void regulatory exclusion C. holding negligent failure to notify regulatory body of lapse of insurance policy did not arise out of underwriting of insurance D. holding an endorsement to an existing insurance policy which added a new vehicle did not create a new contract of insurance but was merged with and became a part of the original policy E. holding location of named driver exclusion in endorsement did not make it ambiguous exclusion applied to all coverage afforded by the policy including the um coverage

assistant: The best answer is B. holding failure to gain approval of insurance board for endorsement did not void regulatory exclusion
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 execution, delivery and performance by each Loan Party of each of the Loan Documents to which it is a party, the borrowings and procurement of letters of credit hereunder by the Borrower and the creation and incurrence of the guarantees by the Guarantors set forth herein (collectively, the “ Transactions ”) (a) have been duly authorized by all requisite partnership, limited liability company or corporate and, if required, partner, member or stockholder action and (b) will not (i) violate any provision of law, statute, rule, regulation or order or any Governmental Authority, (ii) violate any provision of the limited partnership agreement, the LLC Agreement or any other constitutive document of any Loan Party or any of its Subsidiaries or any General Partner, (iii) violate any provision of, or result in a breach of or constitute (alone or with notice or lapse of time or both) a default under, any indenture, agreement or other instrument to which any Loan Party or any of its Subsidiaries is a party or by which any of them or any of their property is bound or (iv) result in the creation or imposition of any Lien upon or with respect to any property or assets now owned or hereafter acquired by any Loan Party or any of its Subsidiaries, that in the cases of clause (b)(i), (b)(ii) and (b)(iii) would reasonably be expected to have a Material Adverse Effect.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: starting on august 1 , 2017 , it is ebay ( uk ) limited , 5 new street square , london , ec4a 3tw , united kingdom , if you reside in the united kingdom .

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: Any termination or expiration of this Agreement shall not affect any obligations or payments due hereunder and outstanding as of the date of such termination or expiration, nor shall it prejudice any other rights or remedies that a party may have under this Agreement. Notwithstanding any termination or expiration of this Agreement for any reason, the parties’ rights and obligations under the following provisions shall survive and continue in effect in accordance with their respective terms: Sections 2.1(b)(vi)(D), 3.6, 5.6 – 5.9, 7.3, 8.4, 8.5 and 9.4, and Articles 6, 10, 11, 12 (excluding Section 12.1(b)), 13 and 14.

assistant: Survival
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 binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, executors, administrators and permitted assigns. Neither party hereto shall have the right to assign or transfer any of its or his rights hereunder except in connection with a merger or consolidation of the Company or a sale by the Company of all or substantially all of its business and assets.

assistant: Assignments
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: case.”) (emphasis added). Mr. Reed argues, however, that there was a coercive element in the execution of the waiver given his rocky relationship with the Ohio prison officials. See generally Ortiz II, 947 P.2d at 86 (discussing Mr. Reed’s reputation as an advocate for prisoners’ rights and the resentment expressed by Ohio prison officials). But even if we assume that there was coercion, there is no evidence in the record — indeed, Mr. Reed does not even allege — that the Prosecutor Appellees had or should have had any reason to know that the waiver was signed involuntarily. Because the waiver was facially valid, it was objectively reasonable for the Prosecutor Appellees to rely on the waiver. Cf United States v. Leon, 468 U.S. 897, 919-20, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984) (<HOLDING>). B. Summary Judgment for BCDC Ap-pellees With Options: A. holding that evidence obtained in objectively reasonable reliance on a subsequently invalidated search warrant is not barred by the exclusionary rule B. recognizing good faith exception to fourth amendment exclusionary rule C. holding exclusionary rule inapplicable to evidence obtained by police officers acting in reasonable reliance on search warrant later held invalid D. holding that when acting pursuant to a valid warrant the police did not violate the fourth amendment by acting outside their jurisdiction in violation of state law E. holding that the fourth amendment exclusionary rule should not bar the use of evidence obtained by police officers acting in good faith and with reasonable reliance on a facially valid search warrant

assistant: The best answer is E. holding that the fourth amendment exclusionary rule should not bar the use of evidence obtained by police officers acting in good faith and with reasonable reliance on a facially valid search warrant
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: although tripadvisor members may rate and review particular properties based on their own experiences , tripadvisor does not endorse or recommend the products or services of any third-party suppliers .

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 case excerpt and choose the best holding from the options. Case excerpt: proceed, the parties agreed to seek further guidance from the family court. Husband sought that guidance, and Judge Cate provided it. The pricing scheme Judge Cate established did not conflict with the minimum listing price of $225,300 set by the divorce decree and complied with the goals set out in the parties’ subsequent agreement. In light of Wife’s failed attempt to sell the home for $274,000, a lower initial listing price with small periodic reductions is a reasonable approach to severing this remaining tie between Husband and Wife. Accordingly, the family court did not err. To the extent Wife requests “reimbursement for maintaining the marital property,” this issue is unpreserved because she failed to raise it to the family court. See Chastain, 381 S.C. at 306, 672 S.E.2d at 114 (<HOLDING>). IV. Remaining Issues Wife further argues the Options: A. holding an issue must be raised to and ruled upon by the trial court to be preserved for appellate review B. holding that an issue was not preserved for appellate review because appellants trial objection does not comport with the issue he raised on appeal C. holding an issue not raised to the family court is not preserved for appellate review D. holding that an appellate court cannot consider an issue that was not preserved for appellate review E. holding issues not raised to and ruled upon by the trial court are not preserved for appellate review

assistant: The best answer is C. holding an issue not raised to the family court is not preserved for appellate review