flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: payments of $500.00, vehicle payments of $345.00, and the educational loan payments in the amount of $685.00. In fact, Plaintiff has never made payments on these educational loans. Further, this amount could clearly be reduced based upon one of the repayment options available to Plaintiff. In fact, if Plaintiff were to enroll in IBR, his payment would be reduced to $0. Based on the facts of this case, Plaintiffs highly speculative argument that he may incur a substantial tax debt due to cancellation of debt in the future under a repayment plan does not provide a reasonable explanation as to why Plaintiff has not pursued such an administrative option in an attempt to reduce his expenses. Assessment of expenses, however, is not the end of the analysis. See Davis, 526 B.R. at 145 (<HOLDING>). According to Plaintiffs Schedule I, he is Options: A. holding that debtors have the burden of proving that other necessary expenses on form b22c are actual reasonable and necessary expenses and that these expenses should be considered in light of schedule j and other relevant evidence B. holding that in an agreement where the father agreed to pay reasonable expenses to the extent that such expenses are not provided by any scholarship grant or other assistance for his sons education those expenses did not include loan repayment because it was not one of the forms of enumerated assistance C. holding that although a review of the debtors expenses indicates that there is little room for her to further reduce or eliminate her cost of living expenses and all of those expenses appear reasonable based on the current record there nevertheless remains an opportunity for the debtor to increase her income in an amount that could be used to repay her current student loan obligations D. holding that an award for medical expenses is proper when the expenses have been incurred but not paid E. holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment

assistant: The best answer is C. holding that although a review of the debtors expenses indicates that there is little room for her to further reduce or eliminate her cost of living expenses and all of those expenses appear reasonable based on the current record there nevertheless remains an opportunity for the debtor to increase her income in an amount that could be used to repay her current student loan obligations
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: basis in fact and without any purpose to prosecute the cause in good faith against [the defendants].” Wilson, 257 U.S. at 98, 42 S.Ct. 35. A finding of fraudulent joinder “bears an implicit finding that the plaintiff has failed to state a cause of action against the fraudulently joined defendant^].” Polyplastics, Inc. v. Transconex, Inc., 713 F.2d 875, 877 (1st Cir.1983); see also Coughlin v. Nationwide Mut. Ins. Co., 776 F.Supp. 626, 628 (D.Mass.1991). The party seeking removal bears the l court on the theory that The Brigham was fraudulently joined to defeat diversity. The Plaintiffs are residents of Massachusetts. Medtronic is a foreign corporation with its principal place of business in Minnesota. The Brigham is a Massachusetts corporation with 18810 (Mass.Super. Dec. 19, 2003) (<HOLDING>). Considering the pharmacy cases cited by the Options: A. holding that 1983 claim accrues when plaintiff knows or has reason to know of injury B. holding that a 1983 claim accrues when plaintiff knows or has reason to know of injury C. holding that a pharmacist has a duty to warn when he or she knows of a risk to that particular customer D. holding that when business is prone to attract crime because of the particular character of the business or its previous experience operator has duty to exercise reasonable care to protect invitees from intentional injuries caused by third parties if he knows or has reason to know from observation or past experience that criminal acts are likely to occur either generally or at some particular time E. holding that the defendant pharmacist had undertaken a duty to accurately warn of a drugs side effects with respect to the warning actually given but not a duty to warn of all possible side effects of the medication

assistant: The best answer is C. holding that a pharmacist has a duty to warn when he or she knows of a risk to that particular customer
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: requests the Court lift the stay because he alleges The Hartford has not been forthright with the Government in the criminal prosecution and is withholding exculpatory evidence. Hoeffner contends the only way he can obtain the information he needs to defend himself in the criminal prosecution is by filing the civil cross-claim against The Hartford and using civil discovery as a defense in the criminal action. In response, the Government argues that if The Hartford has exculpatory evidence regarding Hoeffner’s participation in the alleged conspiracy for which he has been indicted, the Government will discover the evidence in the criminal action and provide it to Hoeffner pursuant to Brady v. Maryland’s mandate. See Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) (<HOLDING>). Accordingly, the Court must determine whether Options: A. holding the government has an affirmative duty to disclose exculpatory evidence to a criminal defendant B. holding state has affirmative duty to disclose favorable and material evidence to defense C. holding prosecutor has affirmative duty to disclose material exculpatory evidence D. holding that the prosecution must disclose to the defense all exculpatory evidence known to the state or in its possession E. holding that the state has no affirmative duty to seek out and gain possession of potentially exculpatory evidence

assistant: The best answer is A. holding the government has an affirmative duty to disclose exculpatory evidence to a criminal defendant
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: it appears Union County has not asserted a standing argument at all, but rather has attempted to invoke parens patriae authority, which in Latin means “parent of his or her country,” and refers to “the state in its capacity as provider of protection to those unable to care for themselves.” Parens patriae, Black’s Law Dictionary 1287 (10th ed. 2014), But it has long been settled that “a state may act as parens patriae on behalf of its citizens. However, a county has no sovereign powers and cannot act as parens patriae, asserting the claims of its residents.” Bd. of Comm’rs of Howard Cty. v. Kokomo City Plan Comm’n, 263 Ind. 282, 295, 330 N.E.2d 92, 101 (1975) (internal citations omitted)- (emphasis added); see also Shoemaker v. Bd. of Comm’rs of Grant Cty., 36 Ind. 175, 183-84 (1871) (<HOLDING>). Union County is thus disqualified from Options: A. holding that it was not the taxpayers responsibility to pursue the different tax units to which the illegally levied county tax was proportioned as the taxpayer was entitled to recover the full amount of the tax from the county the collecting entity B. holding a county and a road district had standing to sue state highway commission and county tax collector based on their interest in and control over the public roads of the county C. holding that the county had no standing to sue the state to recover taxes illegally obtained from citizens unless the money belongs to the county D. holding that both saline county and grant county had jurisdiction to try the appellant for murder where the actual killing occurred in one county but the acts requisite to the consummation of the murder and the subsequent disposal of the body occurred in the other county E. holding before the apa definition of person was amended to include county that the board of county commission ers of dolores county could not sue the state agency that had ordered reappraisals of real property in dolores county in connection with valuation for ad valorem taxation because the board of county commissioners was not a person under the apa and did not otherwise have authority to sue under statute or constitution

assistant: The best answer is C. holding that the county had no standing to sue the state to recover taxes illegally obtained from citizens unless the money belongs to the county
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: against the throat of an innocent bystander to facilitate cooperation with a robbery demand is not ‘use’ of a dangerous weapon for purposes of section 2B3.1(b)(2).”) (emphasis added); United States v. Johnson, 931 F.2d 238, 240 (3d Cir.1991) (“[W]hen a defendant did not simply point or wave about a firearm, but actually leveled the gun at the head of the victim at close range and verbalized a threat to discharge the weapon, the conduct is properly classified as ‘otherwise using’ a firearm.”) (emphasis added); see also United States v. De La Rosa, 911 F.2d 985, 993 (5th Cir.1990) (finding that brandishing of firearm combined with use of threats “operates to bring this conduct within the orbit of ‘otherwise used.’ ”). But see United States v. Matthews, 20 F.3d 538, 554 (2d Cir.1994) (<HOLDING>). Here, in addition to the fact that both of Options: A. holding that fact that robbers issued explicit threats while brandishing and pointing their firearms menacingly was not sufficient to constitute otherwise use of the firearm B. holding defendants minimum sentence could not be increased for brandishing a firearm where based on jury instructions jury convicted defendant of the lesser offense of carrying rather than brandishing the firearm C. holding that use certainly includes brandishing a firearm quotation marks omitted D. holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used E. holding that to apply the firearm enhancement the firearm need only reflect the context of the defendants possession and the defendants ability to use the firearm to promote the controlled substance offense

assistant: The best answer is A. holding that fact that robbers issued explicit threats while brandishing and pointing their firearms menacingly was not sufficient to constitute otherwise use of the firearm
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: form of factual allegations.” Islamic Am. Relief Agency v. Gonzales, 477 F.3d 728, 732 (D.C.Cir.2007) (citations omitted). The Court may only consider the facts alleged in the complaint, any documents attached to the complaint as exhibits, and matters about which the Court may take judicial notice in addressing a Rule 12(b)(6) motion. EEOC v. St. Francis Xavier Parochial Sch., 117 F.3d 621, 624-25 (D.C.Cir.1997). A complaint may be dismissed under Rule 12(b)(6) “only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations.” Swierkiewicz v. Sorema, 534 U.S. 506, 514, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002); see also Abigail Alliance For Better Access to Developmental Drugs v. von Eschenbach, 445 F.3d 470, 475 (D.C.Cir.2006) (<HOLDING>) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, Options: A. holding that a complaint will not be dismissed unless it appear beyond doubt that the plaintiff can prove no set of facts in support of his claim B. holding that a court should not dismiss a complaint pursuant to rule 12b6 for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief C. holding that a court may dismiss a claim under 12b6 only if it appears to a certainty that no relief can be granted under any set of facts provable in support of its allegations or if the allegations accepted as true do not present a claim upon which relief legally can be obtained D. holding that dismissal is proper only if it appears beyond doubt that plaintiff can prove no set of facts in support of his claim which would entitle him to relief E. holding that a pro se complaint should not be dismissed unless it appears that the plaintiff can prove no set of facts which would entitle him to relief

assistant: The best answer is B. holding that a court should not dismiss a complaint pursuant to rule 12b6 for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief
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: Customer understands that certain commercial and financial information contained in this Letter Agreement is considered by Boeing as confidential and has value precisely because it is not available generally to other parties. Customer agrees to limit the disclosure of the contents of this Letter Agreement to (a) its directors and officers, (b) employees of Customer with a need to know the contents for performing its obligations (including, without limitation, those employees performing accounting, finance, administration and other functions necessary to finance and purchase, deliver or lease the Aircraft) and who understand they are not to disclose its contents to any other person or entity (other than those to whom disclosure is permitted by this Article) without the prior written consent of Boeing and (c) any auditors and attorneys of Customer who have a need to know such information and have signed a confidentiality agreement in the same form and substance similar to this Article, or are otherwise bound by a confidentiality obligation. Disclosure to other parties is not permitted without Boeing’s consent except as may be required by applicable law or governmental regulations. Customer shall be fully responsible to Boeing for compliance with such obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: For the purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires: (a) words using the singular or plural number also include the plural or singular number, respectively, and the use of any gender herein shall be deemed to include the other genders; (b) references herein to “Articles,” “Sections,” “subsections” and other subdivisions, and to exhibits, schedules, annexes and other attachments, without reference to a document are to the specified Articles, Sections, subsections and other subdivisions of, and exhibits, schedules, annexes and other attachments to, this Agreement; (c) a reference to a subsection or other subdivision without further reference to a Section is a reference to such subsection or subdivision as contained in the same Section in which the reference appears; (d) the words “herein,” “hereof,” “hereunder,” “hereby” and other words of similar import refer to this Agreement as a whole and not to any particular provision; (e) the words “include,” “includes” and “including” are deemed to be followed by the phrase “without limitation”; and (f) all accounting terms used and not expressly defined herein have the respective meanings given to them under GAAP.

assistant: Construction
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, and will cause each Subsidiary to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names material to the conduct of its business, except as could not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

assistant: Existence
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: Borrowers, through the Borrower Agent, may request and transfer funds based on telephonic or e-mailed instructions to Lender. Borrower Agent shall confirm each such request by prompt delivery to Lender of a Notice of Borrowing but if it differs materially from the action taken by Lender, the records of Lender shall govern. Lender shall not have any liability for any loss suffered by Borrowers as a result of Lender acting upon its understanding of telephonic or e-mailed instructions from a person believed in good faith to be a person authorized to give such instructions on a Borrower’s or Borrower Agent’s behalf, as applicable.

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: Notwithstanding anything herein to the contrary, payments of the Severance Amount are conditioned on Executive (or, in the event of Executive’s death or disability, the estate of Executive or the authorized legal representative, if any, of Executive, respectively) executing on or before the twenty-first (21st) day following Executive’s Separation from Service (as defined below), and not revoking, a release agreement of all claims against the Company (the “ Release ”), in the form attached hereto as Exhibit A , and continued compliance in all material respects with the provisions of Section 7, Section 8 and Section 9 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: he had a fifth amendment right to a grand jury, we note that the United States Supreme Court has determined that this requirement applies only to federal prosecutions and is not applicable to the states. See Hurtado v. California, 110 U.S. 516, 534-35, 4 S. Ct. 111, 28 L. Ed. 232 (1884). Our Supreme Court has also recognized this principle. State v. Couture, 194 Conn. 530, 548-49, 482 A.2d 300 (1984), cert. denied, 469 U.S. 1192, 105 S. Ct. 967, 83 L. Ed. 2d 971 (1985). We have carefully examined the balance of the defendant’s claims on appeal, and we find that they have no merit. The judgment is affirmed. 1 This motion and appeal were filed by the defendant pro se. After the filing of his appellate brief, our Supreme Court decided State v. Casiano, 282 Conn. 614, 922 A.2d 1065 (2007) (<HOLDING>). At the defendant’s request, the trial court Options: A. holding that a criminal defendant has a sixth amendment right to counsel at trial B. holding a criminal defendant has the right to effective assistance of counsel during a plea process C. holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal D. holding defendant has right to appointment of counsel to determine if motion to correct illegal sentence has sound basis E. holding that if plea bargain has been offered defendant has right to effective assistance of counsel in considering whether to accept it

assistant: The best answer is D. holding defendant has right to appointment of counsel to determine if motion to correct illegal sentence has sound basis
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: broker to seek condemnation. In the circumstances of voluntary con ons for condemnation of property, if the seller and the broker agreed to, and did, pursue condemnation as an acceptable substitute for a sale, then the broker should be entitled to a commission when the property is condemned. If, however, the seller specifically authorized the broker to pursue only a sale, then the broker would not be entitled to a commission for a condemnation. In this case, it is undisputed that a valid oral contract existed whereby, at least, Mclver would act as broker to obtain the sale of Topsail, and would receive a two ). Whether the parties have validly modified a contract is usually a question of fact. See Kiwanis Club of Little Havana, Inc. v. de Kalafe, 723 So.2d 838, 841 (Fla. 3d DCA 1998) (<HOLDING>); cf. Transammonia Export Corp. v. Conserv, Options: A. holding that whether a contract has been modified by subsequent oral agreement or course of dealing is a question of fact for the jury B. holding part performance of an oral agreement necessary to take the oral agreement out of the statute of frauds must be consistent only with the existence of the alleged oral contract C. recognizing that under district of columbia law what the parties deem to be the material elements of their agreement either set forth in or absent from those documents is largely a question of fact for the jury and concluding in that case that whether an enforceable oral contract was created and was subsequently breached is a question of fact for the jury to decide not this court D. holding that the evidence was sufficient for the jury to find that an oral agreement existed and that it was not modified E. holding that question of fact for the jury exists on whether warranty disclaimers materially altered the agreement and whether the course of dealing supplemented the agreement

assistant: The best answer is A. holding that whether a contract has been modified by subsequent oral agreement or course of dealing is a question of fact for the jury
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: time in their reply papers that all claims against them under the Fifth Amendment must be dismissed and that Plaintiffs § 1983 claim in Count 11 of the Complaint should be dismissed as against Doe 1 because he is not a final policy maker for the City. The purpose of reply papers is to “address new material issues raised in the opposition papers so as to avoid giving unfair advantage to the answering party.” Bayway Ref. Co. v. Oxygenated Mktg. & Trading A.G., 215 F.3d 219, 226-227 (2d Cir.2000). Accordingly, the court is within its discretion to disregard such arguments submitted with Defendant’s reply papers. See Illinois Nat. Ins. Co. v. Banc One Acceptance Corp., No. 05-CV-1260, 2008 WL 5423262, at *6 (N.D.N.Y. Dec. 29, 2008) (citing Knipe v. Skinner, 999 F.2d 708, 711 (2d Cir.1993) (<HOLDING>)). Nonetheless, because Plaintiff is not Options: A. holding that arguments raised for the first time in the reply briefs on appeal were deemed waived B. holding a party waives an argument made for the first time on reply C. holding that arguments raised for the first time in a reply brief are forfeited D. holding that we do not consider arguments raised for the first time in a reply brief E. holding that arguments cannot be made for the first time in reply papers

assistant: The best answer is E. holding that arguments cannot be made for the first time in reply papers
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: Rules of Golf, and other products. Id. at ¶ 23; Stone Decl. I, Ex. B-4, B-5. In 1998, two persons listing California addresses purchased tickets through the Web site. Ross Decl. at ¶ 23. At least two persons listing California addresses have purchased the Rules of Golf through defendant’s site, albeit one of those purchases was by the husband of a legal assistant of Callaway’s attorneys. Leahy Decl. at ¶ 3. Defendant’s commercial activity on its Web site constitutes a small portion of its revenue — no more than 0.11% of RCGA’s gross sales. Ross Decl. at ¶ 20. However, “the critical inquiry in determining whether there was a purposeful availment of the forum state is the quality, nor merely the quantity, of the contacts.” Stomp, Inc. v. NeatO LLC, 61 F.Supp.2d 1074, 1078 (C.D.Cal.1999) (<HOLDING>); see also Park Inns International v. Pacific Options: A. holding that by advertising and offering its products for sale via the internet the defendant purposely availed itself of the forum state even though only two sales had been consummated with forum residents both of which were to plaintiffs president and his friend after the motion to dismiss the complaint had been made B. holding that plaintiff cannot be the only link between the defendant and the forum C. holding that phone and facsimile communications to the forum purchase orders and payments sent to the forum a choice of law clause within the contract regarding the forum state and delivery of the product within the forum state were not enough to satisfy minimum contacts D. holding that a defendants agreement that a substantial performance of contractual duties take place in the forum state is dispositive on whether defendant purposefully availed itself of that forum E. recognizing that where plaintiff is from the forum state and defendant is from an alternate forum each forum can claim a connection to one of the parties

assistant: The best answer is A. holding that by advertising and offering its products for sale via the internet the defendant purposely availed itself of the forum state even though only two sales had been consummated with forum residents both of which were to plaintiffs president and his friend after the motion to dismiss the complaint had been made
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: resolution of IDEA concerns. In addition, children protected by the IDEA benefit greatly from quick resolution of disputes because lost education is a substantial harm, and that harm is exactly what the IDEA was meant to prevent. Id. at 957. The court concluded that a two-year statute of limitations served those policies: It was short enough to allow expeditious resolution of claims, but long enough to allow parents “the opportunity to protect their disabled children’s rights.” Id. at 958. We agree with the Eighth Circuit’s interpretation of the policy underlying the IDEA. Moreover, its choice of a two-year limitations period is in accord with the lengths of limitations periods approved by most other courts. See James v. Upper Arlington City Sch. Dist., 228 F.3d 764, 769 (6th Cir.2000) (<HOLDING>); Birmingham v. Omaha Sch. Dist., 220 F.3d 850, Options: A. holding that a twoyear statute of limitations applies to negligence claims under texas law B. holding that a twoyear statute of limitations period applies to all 1983 actions brought in pennsylvania C. holding fouryear period for statutory actions applies to section 440205 claims D. holding that either a fouryear or a twoyear limitations period applies to claims under the idea in ohio for tuition reimbursement either way the claims were timebarred E. holding that the limitations period for 1983 actions arising in ohio is the twoyear period found in ohio rev code 230510 and that the limitations period starts to run when the plaintiff knows or has reason to know of the injury which is the basis of his action

assistant: The best answer is D. holding that either a fouryear or a twoyear limitations period applies to claims under the idea in ohio for tuition reimbursement either way the claims were timebarred
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, when accepted by Mobiquity, will constitute the entire agreement between the Parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, inducements, or conditions, express or implied, oral or written, except as herein contained. This Agreement may not be modified, changed, waived, or terminated other than by a writing executed by all the parties hereto. No course of conduct or dealing shall be construed to modify, amend, or otherwise affect any of the provisions hereof.

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 case excerpt and choose the best holding from the options. Case excerpt: the Westport policy, induced the Diehls to loan him a large amount of money through fraudulent representations and abuse of the attorney-client relationship. (TAC ¶¶ 10-11, 21-25, 39.) The underlying complaint alleges that Hanft used this money to gamble at casinos and satisfy his gambling debts. (TAC ¶ 16.) Finally, the complaint alleges that the Diehls received nothing of value for their loans, “which [Hanft] never intended to repay or, in the alternative, believed he could repay only because of a[sic] unreasonable disregard for the truth that was so reckless as to amount to conscious deception.” (TAC ¶40.) These allegations clearly demonstrate that Hanft gained personal profit to which he was not legally entitled through the wrongful acts from which t .2d 1035, 1045 (C.D.Ill.2003) (<HOLDING>). In this case, the allegations and evidence Options: A. holding that the use of the phrase any insured rather than the insured the same language used in the employers liability exclusion here meant that the exclusion was not limited to injuries sustained by the employees or contractors of one insured party B. holding past profits coupled with other facts and circumstances may establish lost profits C. recognizing that we are obligated to reverse where the improper exclusion of evidence places the underlying fairness of the entire trial in doubt or where the exclusion affects the substantial rights of the defendant D. holding exclusion inapplicable because under the facts alleged in the underlying suit the insured could receive personal profits and be legally entitled to retain them and distinguishing cases where there was sufficient evidence in the underlying complaint to show the profits received were illegal or undeserved within the meaning of the exclusion E. holding a personal profit exclusion applicable to an insured corporation where the purpose of the exclusion was to exclude coverage when the insured received profits to which the insured was not legally entitled

assistant: The best answer is D. holding exclusion inapplicable because under the facts alleged in the underlying suit the insured could receive personal profits and be legally entitled to retain them and distinguishing cases where there was sufficient evidence in the underlying complaint to show the profits received were illegal or undeserved within the meaning of the 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: All tax returns required to be filed by any Loan Party in any jurisdiction have been filed. All taxes, assessments, fees and other governmental charges upon any Loan Party, or upon any of its Property, income or franchises, which are shown to be due and payable on such returns have been paid, except for those taxes being contested in good faith with due diligence by appropriate proceedings for which appropriate reserves have been maintained under GAAP and as to which no Lien has been entered. As of the Closing Date, no Loan Party is aware of any proposed additional tax assessment or tax to be assessed against or applicable to any Loan Party.

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: The issuance by any Issuing Bank of any amendment, supplement or other modification to any Letter of Credit issued by such Issuing Bank shall be subject to the same conditions applicable under this Agreement to the issuance of new Letters of Credit (including, without limitation, that the request therefor be made through such Issuing Bank and the Administrative Agent), and no such amendment, supplement or other modification shall be issued unless either (i) the respective Letter of Credit affected thereby would have complied with such conditions had it originally been issued hereunder in such amended, supplemented or modified form or (ii) the Administrative Agent and the Lenders, if any, required by Section 13.7 shall have consented thereto. In connection with any such amendment, supplement or other modification, the Borrower shall pay the fees, if any, payable under the last sentence of Section 3.5(c).

assistant: Amendments
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: financing, and the procedure for receiving benefits.’ ” Peckham, 964 F.2d at 1047 (quoting Donovan, 688 F.2d at 1373). A plan also implicates the existence of benefits “whose provision by nature requires an ongoing administrative program to meet the employer’s obligation.” Fort Halifax Packing Co. v. Coyne, 482 U.S. 1, 11, 107 S.Ct. 2211, 2217, 96 L.Ed.2d 1 (1987). Because any simple insurance policy must logically include the statutory criteria, most determinations of the existence of a plan hinge on whether the plan requires the employer either to institute an ongoing administrative program that might be subject to conflicting (and therefore preempted) state regulations, or to administer funds that might be subject to abuse or misappropriation. See, e.g., Peckham, 964 F.2d 1043,1048 (<HOLDING>); Hansen v. Continental Insurance Co., 940 F.2d Options: A. holding that a two to threeday time period between the employees complaint and his discharge was sufficient B. holding administrative program shown by employers keeping records making regular payments and employing two liaisons between insurer and employees C. holding that employers insurer who provided workers compensation benefits to employee but did not consent to employees settlement with thirdparty tortfeasor may maintain an action for payments that become payable in the future D. holding that an insurer can be estopped from denying coverage for failure to make payments where that insurer has established a course of conduct of accepting late payments E. holding that bivens plaintiff was not required to exhaust administrative remedies where administrative remedy program provided only for injunctive relief

assistant: The best answer is B. holding administrative program shown by employers keeping records making regular payments and employing two liaisons between insurer and 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: provides: (d) Service and Filing. A proposal shall be served on the party or parties to whom it is made but shall not be filed unless necessary to enforce the provisions of this rule. Fla. R. Civ. P. 1.442(d) (emphasis added). Section 768.79(3) provides: (3) The offer shall be served upon the party to whom it is made, but it shall not be filed unless it is accepted or unless filing is necessary to enforce the provisions of this section. § 768.79(3), Fla. Stat. (2004) (emphasis added). The offer of judgment statute and rule are in derogation of the common law rule that each party pay its own fees and are, therefore, strictly construed. Willis Shaw Exp., Inc. v. Hilyer Sod, Inc., 849 So.2d 276, 277 (Fla.2003); see Major League Baseball v. Morsani, 790 So.2d 1071, 1077-78 (Fla.2001) (<HOLDING>); Dade County v. Pena, 664 So.2d 959, 960 Options: A. holding that in presence of any doubt a penal statute is to be strictly construed B. holding that sjection 76879 and rule 1442 are strictly construed because they are in derogation of the common law rule that each party pay their own fees C. holding that a statute enacted in derogation of the common law must be strictly construed D. holding that if a statute is in derogation of a common law right it must be strictly construed and not extended in application beyond clear legislative intent E. holding 2513 to be jurisdictional and therefore must be strictly construed

assistant: The best answer is C. holding that a statute enacted in derogation of the common law must be strictly construed
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: and political antisemitism in Belarus. Diab v. Ashcroft, 397 F.3d 35, 40 (1st Cir.2005) (“Should the applicant be found not entirely credible, corroborating evidence, such as country condition reports, may be used to bolster an applicant’s credibility.” (emphasis added)); cf. Yan Chen, 417 F.3d 268. Also troubling is the IJ’s apparent (and erroneous) technique of addressing the severity of each event in isolation, without considering its cumulative significance. See Korablina v. INS, 158 F.3d 1038, 1044 (9th Cir.1998) (“A single isolated incident may not rise to the level of persecution, [but] the cumulative effect of several incidents may constitute persecution.” (internal quotation marks omitted) (alteration in original)); In re O-Z & I-Z-, 22 I. & N. Dec. 23, 25-26 (BIA 1998) (<HOLDING>). We note that the need to view events Options: A. holding that two arrests and repeated beatings constituted persecution B. holding that harassment threats and one beating did not constitute persecution C. holding that beatings vandalism threats and humiliation in the aggregate rise to the level of persecution as contemplated by the act D. holding that indian applicants testimony of beatings and threats by hindu radicals is too vague speculative and insubstantial to establish either past or future persecution E. holding that detention of five or six days on account of imputed political opinion without beatings tortures or threats did not rise to the level of persecution

assistant: The best answer is C. holding that beatings vandalism threats and humiliation in the aggregate rise to the level of persecution as contemplated by the act
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 shall be entitled to participate in any benefit plans of Tyson as adopted or amended from time to time on terms and in amounts consistent with those generally applicable to other employees in your Band. You will be entitled to an annual paid vacation in accordance with Tyson's applicable vacation policy, as in effect from time to time. Tyson will pay or reimburse you for all reasonable expenses actually incurred or paid by you in the performance of your services to Tyson, subject to and in accordance with applicable expense reimbursement and related policies and procedures as in effect from time to time.

assistant: Vacations
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: property, where the orders are sent outside the State for approval or rejection, and the orders are filled by shipment or delivery from a point outside the State. 2 Howmet expected that the subpoenas would elicit information from the department showing that the commissioner has no governing standard concerning the applicability of Pub. L. No. 86-272, and that, therefore, any prosecution for a failure to file Massachusetts corporate excise tax returns would, on its face, violate due process on the ground of vagueness. 3 Section 1291 of the Judicial Code allows appeal to the Federal Courts of Appeal “from all final decisions of the district courts of the United States.” 4 Prior to this opinion, we have not been asked to apply the Perlman exception. Cf. Cronin v. Strayer, supra at 530 n.7 (<HOLDING>); Borman v. Borman, supra at 783 (“Perlman [is] Options: A. holding that nonparty witnesses may not appeal discovery orders but noting in dictum that perlman rule is most common exception to the general rule that pretrial disclosure orders are not appealable B. holding that orders remanding an action to a federal agency are generally not considered final appealable orders C. holding that remand orders are also appealable orders under 28 usc 1291 D. recognizing perlman rule E. holding that orders overruling claims of privilege and requiring disclosure are immediately appealable as collateral orders

assistant: The best answer is A. holding that nonparty witnesses may not appeal discovery orders but noting in dictum that perlman rule is most common exception to the general rule that pretrial disclosure orders are not appealable
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: Subject to Section 12 of the Plan, the Committee shall make any adjustments in the number or kind of shares of stock or other securities covered by this Agreement, and other terms and provisions, that the Committee shall determine to be equitably required to prevent any dilution or expansion of Grantee’s rights under this Agreement that otherwise would result from any (a) stock dividend, stock split, combination of shares, recapitalization or other change in the capital structure of the Company, (b) merger, consolidation, separation, reorganization, partial or complete liquidation or other distribution of assets involving the Company or (c) other transaction or event having an effect similar to any of those referred to in subsection (a) or (b) herein. Furthermore, in the event that any transaction or event described or referred to in the immediately preceding sentence, or a Change in Control, shall occur, the Committee shall provide in substitution of any or all of Grantee’s rights under this Agreement such alternative consideration (including cash) as the Committee shall determine in good faith to be equitable under the circumstances.

assistant: Adjustments
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) Commitment Fee . The Borrower agrees to pay to the Agent for the account of each Revolving Credit Lender a commitment fee for the period from and including the Closing Date and until the Revolving Credit Facility Maturity Date, at a rate per annum equal to the Applicable Percentage (as in effect from time to time) of the aggregate daily amount of the Unused Revolving Credit Commitment of such Lender payable in arrears quarterly on the last day of each March, June, September and December, commencing September 30, 2016, and on the Revolving Credit Facility Maturity Date (in respect of the quarterly period (or portion thereof) then ending).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In order to expedite the various transactions contemplated by the Loan Documents, MUFG is hereby appointed to act as Administrative Agent on behalf of the Lenders. Each of the Lenders hereby irrevocably authorizes and directs the Administrative Agent to take such action on behalf of such Lender under the terms and provisions of the Loan Documents, and to exercise such powers thereunder as are specifically delegated to or required of the Administrative Agent by the terms and provisions thereof, together with such powers as are reasonably incidental thereto. The Administrative Agent is hereby expressly authorized on behalf of the Lenders, without hereby limiting any implied authority, (a) to receive on behalf of each of the Lenders any payment of principal of or interest on the Loans outstanding hereunder and all other amounts accrued under the Loan Documents paid to the Administrative Agent, and to distribute to each Lender its proper share of all payments so received as soon as practicable; (b) to give notice promptly on behalf of each of the Lenders to the Borrower of any Event of Default of which the Administrative Agent has actual knowledge acquired in connection with its agency hereunder; and (c) to distribute promptly to each Lender copies of all notices, agreements and other material as provided for in the Loan Documents as received by the Administrative Agent.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterparts, including by facsimile signature, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement.

assistant: Counterparts