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: be taken to imply that an unduly high degree of certainty as to the incriminatory character of evidence is necessary for an application of the ‘plain view5 doctrine.”). Disputes over its meaning arise primarily in cases in which the police have had to conduct additional examinations in order to determine the import of an object. See Horton, 496 U.S. at 136-37, 110 S.Ct. at 2307-08; United States v. Garces, 133 F.3d 70, 75-76 (D.C.Cir.1998). It is clear that the requirement is satisfied, however, where the officers had “probable cause” to believe that an item was incriminating “without the benefit of information from any unlawful search or seizure.” Garces, 133 F.3d at 75. And because the touchstone is probable cause, see United States v. Washington, 12 F.3d 1128, 1133 (D.C.Cir.1994) (<HOLDING>), a “seizing officer need not ‘know’ or have an Options: A. holding that where other evidence established probable cause to believe that the defendant possessed controlled substances investigating officers had probable cause to search the defendants purse for similar evidence B. holding that the purpose of a preliminary examination is to determine whether there is probable cause to believe that a crime was committed and whether there is probable cause to believe that the defendant committed it C. holding that the officers examination revealed that there was probable cause to believe that the property was stolen D. holding that the police officers had probable cause to make a warrantless entry E. holding that the incriminating nature of an item was immediately apparent where the police officers had probable cause to believe that it contained evidence of a crime

assistant: The best answer is E. holding that the incriminating nature of an item was immediately apparent where the police officers had probable cause to believe that it contained evidence of a crime
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 and each of its Subsidiaries conduct their businesses in compliance with all applicable laws and applicable stock exchange requirements, except for any noncompliance that would not reasonably be expected, individually or in the aggregate to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Court. See V.I. Code Ann., tit. 4, § 76(a). Callwood’s petition, in contrast, was filed on November 6, 1997, after the effective date of § 76(a). A suit seeking a writ of habeas corpus, although admittedly somewhat of a hybrid, is considered civil in nature. See Santana v. United States, 98 F.3d 752, 754 (3d Cir.1996). Accordingly, by operation of § 76(a), as of October 1, 1991 the District Court of the Virgin Islands was divested of jurisdiction to consider petitions for writs of habeas corpus under territorial habeas corpus law. We have previously held that to the extent that Virgin Islands Code provisions vest jurisdiction in the District Court, they have been implicitly repealed. See Tamarind Resort Assocs. v. Government of the Virgin Islands, 138 F.3d 107, 114 (3d Cir.1998) (<HOLDING>); Moravian Sch. Advisory Bd. of St. Thomas, Options: A. holding that vi code ann tit 5 76a implicitly repealed a writofreview provision that provided for jurisdiction in the district court B. holding that habeas jurisdiction under 2241 was not repealed by the illegal immigration reform and immigrant responsibility act of 1996 iirira C. holding that the district court did not have jurisdiction and remanding the matter to state court D. holding that application of the exclusive remedies provision in tax code section 4209 deprives courts of subjectmatter jurisdiction E. holding that postconfirmation jurisdiction was proper in light of plan provision retaining such jurisdiction

assistant: The best answer is A. holding that vi code ann tit 5 76a implicitly repealed a writofreview provision that provided for jurisdiction in the district 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 legal provision and list the applicable contract clause categories. Provision: On the Restatement Effective Date, immediately after the making of each Loan, if any, to be made on the Restatement Effective Date, and the application of the proceeds thereof, and, to the extent applicable, giving effect to the rights of subrogation and contribution under the Collateral Agreement, (a) the fair value of the assets of the Loan Parties, on a consolidated basis, will exceed their debts and liabilities, subordinated, contingent or otherwise, (b) the present fair saleable value of the assets of the Loan Parties, on a consolidated basis, will be greater than the amount that will be required to pay the probable liability on their debts and other liabilities, subordinated, contingent or otherwise, as such debts and other liabilities become absolute and matured, (c) the Loan Parties, on a consolidated basis, will be able to pay their debts and liabilities, subordinated, contingent or otherwise, as such debts and liabilities become absolute and matured and (d) the Loan Parties, on a consolidated basis, will not have unreasonably small capital with which to conduct the business in which they are engaged, as such business is conducted at the time of and is proposed to be conducted following the making of such Loan.

assistant: Solvency
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 proceeds of the Loan will be used by the Borrower solely used to re-finance Borrower's existing debt with a secured lender and for general corporate purposes. The Borrower shall not use the proceeds of the Loan for any other purpose.

assistant: Use Of Proceeds
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 Escrow Agent shall be indemnified and held harmless by the Company from and against any expenses, including counsel fees and disbursements, or loss suffered by the Escrow Agent in connection with any action, suit or other proceeding involving any claim which in any way, directly or indirectly, arises out of or relates to this Agreement, the services of the Escrow Agent hereunder, or the Escrow Shares held by it hereunder, other than expenses or losses arising from the gross negligence or willful misconduct of the Escrow Agent. Promptly after the receipt by the Escrow Agent of notice of any demand or claim or the commencement of any action, suit or proceeding, the Escrow Agent shall notify the other parties hereto in writing. In the event of the receipt of such notice, the Escrow Agent, in its sole discretion, may commence an action in the nature of interpleader in an appropriate court to determine ownership or disposition of the Escrow Shares or it may deposit the Escrow Shares with the clerk of any appropriate court or it may retain the Escrow Shares pending receipt of a final, non-appealable order of a court having jurisdiction over all of the parties hereto directing to whom and under what circumstances the Escrow Shares are to be disbursed and delivered. The provisions of this Section 5.2 shall survive in the event the Escrow Agent resigns or is discharged pursuant to Sections 5.5 or 5.6 below.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: coerce or harass Barton into vacating the premises prior to December 21, 1991. MTB believed in good faith that Barton owed it rent when it served the three-day notice to pay rent or quit. Further, in a letter dated November 26, 1991, MTB stated its acceptance of Barton’s intent to vacate the premises and purportedly withdrew its notice. By that date, however, Barton had substantially moved its inventory to another location. We therefore agree with the trial court that there was no constructive eviction as a matter of law. DAVIS and JACKSON, JJ., concur. 1 . Barton contends that other courts have held a constructive eviction occurs when a lessor wrongfully serves a notice to quit upon a tenant who thereafter vacates. See Dobbins v. Paul, 71 N.C.App. 113, 321 S.E.2d 537, 540 (1984) (<HOLDING>); see also Ruotal Corp., N.W., Inc. v. Ottati, Options: A. holding mere notice to quit followed by peaceful vacation of the premises is not sufficient to constitute a claim of constructive eviction B. holding that wjhen a wrongful demand or notice to quit or vacate leased premises is made by a lessor or landlord and is followed by immediate surrender of possession by the lessee or tenant a constructive eviction has been accomplished C. holding notice to quit is evidence that tenant did not leave voluntarily but absent showing of malice action for constructive eviction may not stand where there has been no physical interference with leased premises D. holding that abandonment requires that tenant vacate the leased premises E. holding threat by lessor to resort to legal process when made in good faith is not intentional conduct supporting finding of constructive eviction

assistant: The best answer is B. holding that wjhen a wrongful demand or notice to quit or vacate leased premises is made by a lessor or landlord and is followed by immediate surrender of possession by the lessee or tenant a constructive eviction has been accomplished
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 unambiguous language of Texas Government Code section 25.00255, a party may appeal an order denying a motion to recuse on appeal from the probate court’s final judgment, but this statute does not provide an interlocutory appeal from such an order. See id. In the only part of Texas Civil Practice and Remedies Code section 30.016 that addresses appeals, the Legislature provides that “the denial of a tertiary recu-sal motion is only reviewable on appeal from final judgment.” Tex. Civ. Prac. & Rem.Code Ann. § 30.016(d) (West 2012). Under the unambiguous language of section 30.016(d), a party may appeal an order denying a tertiary recusal motion only on appeal from final judgment. See id.; In re Joyner, 357 S.W.3d 844, 845 (Tex.App.Houston [14th Dist.] Jan. 24, 2012, orig. proceeding) (<HOLDING>). Judge Spencer’s order was rendered on Options: A. holding petitioner cannot circumvent time requirements for seeking certiorari review of an order denying a motion for a protective order by filing a successive motion seeking the same relief and seeking certiorari review that is timely only with respect to the order denying the second motion B. holding that under section 30016d a party may not seek review of order denying tertiary recusal motion by mandamus C. holding an appeal may be taken from an order denying a motion to compel arbitration D. holding that pursuant to rule 2a2 a party may appeal an order denying a motion for permissive intervention E. holding that an order denying a motion to vacate a 1782 order and denying a motion to quash the subpoena was immediately appealable

assistant: The best answer is B. holding that under section 30016d a party may not seek review of order denying tertiary recusal motion by mandamus
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is no reason in law or policy why Odettes should be precluded from obtaining an injunction against the use of the products by the customer defendants merely because those products left Storagetek’s stem for the storage and handling of data cassettes. 3 . Specifically, the accused products are Storage-tek’s ACS 4400, Powderhom, and WolfCreek ATLs. The latter two were not developed until the early 1990s, several years after the development of the ACS 4400. Because the Powderhom and Wolfcreek are essentially identical to the ACS 4400 with respect to the elements at issue here, however, it is appropriate to treat all three ATL products as a single device, produced beginning in 1987, for purposes of the laches analysis. See MGA, Inc. v. Centri-Spray Corp., 699 F.Supp. 610 (E.D.Mich.1987) (<HOLDING>). 4 . In his first sworn declaration, Odetics Options: A. holding that whether a product is within comment k should be determined on a case by case basis where it is shown that the product is unavoidably unsafe and product of exceptional social need B. holding that to constitute infringement under the doctrine of equivalents the accused product must contain each limitation of the claim or its equivalent C. holding statements of product superiority and that product was industry approved were puffery D. holding that defendants incorporation of plaintiffs computer product into its own cdrom product could constitute claim under 15 usc 1125a E. holding that plaintiffs infringement claim against defendants laterdeveloped product would be barred by laches and estoppel found applicable to earlier product if subsequent product is equivalent to earlier one under doctrine of equivalents

assistant: The best answer is E. holding that plaintiffs infringement claim against defendants laterdeveloped product would be barred by laches and estoppel found applicable to earlier product if subsequent product is equivalent to earlier one under doctrine of equivalents
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 Borrower hereby consents and agrees that, without notice to or by Borrower and without affecting or impairing in any way the obligations or liability of Borrower hereunder, Collateral Agent and the Lenders may, from time to time before or after revocation of this Agreement, do any one or more of the following in its sole and absolute discretion: (i) accept partial payments of, compromise or settle, renew, extend the time for the payment, discharge, or performance of, refuse to enforce, and release all or any parties to, any or all of the Obligations; (ii) grant any other indulgence to any Borrower or any other Person in respect of any or all of the Obligations or any other matter; (iii) accept, release, waive, surrender, enforce, exchange, modify, impair, or extend the time for the performance, discharge, or payment of, any and all property of any kind securing any or all of the Obligations or any guaranty of any or all of the Obligations, or on which Lender at any time may have a Lien, or refuse to enforce its rights or make any compromise or settlement or agreement therefor in respect of any or all of such property; (iv) substitute or add, or take any action or omit to take any action which results in the release of, any one or more other Borrowers or any endorsers or guarantors of all or any part of the Obligations, including, without limitation one or more parties to this Agreement, regardless of any destruction or impairment of any right of contribution or other right of Borrower; (v) apply any sums received from any other Borrower, any guarantor, endorser, or co-signer, or from the disposition of any Collateral or security, to any Indebtedness whatsoever owing from such person or secured by such Collateral or security, in such manner and order as Lender determines in its sole discretion, and regardless of whether such Indebtedness is part of the Obligations, is secured, or is due and payable. Each Borrower consents and agrees that Collateral Agent shall be under no obligation to marshal any assets in favor of Borrower, or against or in payment of any or all of the Obligations. Each Borrower further consents and agrees that Collateral Agent shall have no duties or responsibilities whatsoever with respect to any property securing any or all of the Obligations. Without limiting the generality of the foregoing, Collateral Agent shall have no obligation to monitor, verify, audit, examine, or obtain or maintain any insurance with respect to, any property securing any or all of the Obligations.

assistant: Consents
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: Effective on your Employment Date, your base salary will be set at an annual rate of 320,000 Euro, an increase from the 275,000 Euros in the original offer to account for the higher effective tax rate in Italy. Your base salary will be paid in accordance with the appropriate local payroll cycle. Your compensation will be reviewed annually by the Compensation Committee to assess your competitiveness to our peer group.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the Court entered an order that allowed the movant relief from the stay if the debtor did not obtain adequate insurance by a certain date. Based on the representation of the movant’s attorney subsequent to that order, the debtor has obtained satisfactory insurance. 2 . If section 109(g)(2) applied to this matter, there would be an issue of how to apply that section. The court in Chrysler Financial Corp. v. Dickerson (In re Dickerson), 209 B.R. 703, 705-706 (W.D.Tenn.) explains: Although seemingly unambiguous on its face, there are at least three distinct lines of cases interpreting this statute. One line of cases holds th holding that § 109(g)(2) "applies only if there is a contested matter pending at the time of the voluntary dismissal”); In re Patton, 49 B.R. 587 (Bankr.M.D.Ga.1985) (<HOLDING>). A third line of cases holds that a court has Options: A. holding that 109g2 does not apply when the creditor seeking relief in the first case received the requested relief B. holding that even if indirect purchasers are barred from seeking damages relief they may still obtain injunctive relief C. holding that ridas elimination of habeas corpus does not violate the suspension clause where the petitioner had a means for seeking relief direct review and simply failed to pursue the relief that the statutory scheme allows D. holding that where the final judgment provided relief that was not requested its entry constituted reversible error E. holding that the case was not moot even though claims for injunctive and declaratory relief were no longer alive because the plaintiff had requested pecuniary relief

assistant: The best answer is A. holding that 109g2 does not apply when the creditor seeking relief in the first case received the requested 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 case excerpt and choose the best holding from the options. Case excerpt: above reasons, PBS Inc.’s motion to substitute is GRANTED; CHF’s motion to dismiss is DENIED; CHF’s motion for summary judgment is DENIED; and PBS Inc.’s motion for leave to file an amended complaint is DENIED. SO ORDERED. 1 . The Court also denied CHF's motion for summary judgment of invalidity for indefiniteness of the '651 patent and denied PBS Inc.’s cross-motion for partial summary judgment of infringement. Park B. Smith, 2008 WL 650339 at *6-7. 2 . PBS Inc. did not describe itself as an “exclusive licensee” until after the parties had completed briefing on PBS Inc.'s Rule 17(a) motion and CHF’s motion to dismiss. (See August 2010 Smith Decl. at ¶ 3.) 3 . At least one circuit has taken the approach CHF proposes. See Zurich Ins. Co. v. Logitrans, Inc., 297 F.3d 528 (6th Cir.2002) (<HOLDING>). As one commentator aptly notes in discussing Options: A. holding that because article iii standing is jurisdictional it must be decided before other legal issues B. holding that the court lacked jurisdiction to consider the appeal because it was filed before the final order awarding attorneys fees C. holding that where it was discovered just before trial that it was plaintiffs sister company not the plaintiff that had incurred the injury and thus plaintiff lacked article iii standing the district court was without jurisdiction to consider a rule 17a motion to substitute D. recognizing that while in a diversity case a federal court may not address the plaintiffs claim unless the plaintiff has standing to sue under state law the plaintiff must also meet article iii standing requirements E. holding that federal courts may not consider other issues before resolving standing an article iii jurisdictional matter

assistant: The best answer is C. holding that where it was discovered just before trial that it was plaintiffs sister company not the plaintiff that had incurred the injury and thus plaintiff lacked article iii standing the district court was without jurisdiction to consider a rule 17a motion to substitute
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: permitted to participate.” Id. at 229-30, 74 S.Ct. 450 (emphasis added); cf. Maj. Op. 347-48 (omitting italicized language). Remmer thus imposes on a district court two distinct obligations: a duty to investigate allegations of a juror’s exposure to an unauthorized communication and a duty to determine whether the exposure violated the defendant’s constitutional rights. See United States v. Corrado, 227 F.3d 528, 535-36 (6th Cir.2000) (stating that “ ‘when there is a credible allegation of extraneous influences, the court must investigate sufficiently to assure itself that constitutional rights of the criminal defendant have not been violated’” (quoting United States v. Rigsby, 45 F.3d 120, 124-25 (6th Cir.1995))); United States v. Shackelford, 777 F.2d 1141, 1145 (6th Cir.1985) (<HOLDING>); see also Williams v. Bagley, 380 F.3d 932, Options: A. holding that the defendant by not bringing his knowledge of possible juror bias to the attention of the district court prior to verdict waived his right to a new trial B. holding that litigants have a duty to disclose their objection to a prospective juror by promptly bringing the matter to the attention of the trial court C. holding that there is no sixth amendment right to jury sentencing D. holding that where possible juror misconduct is brought to the trial judges attention he or she has a duty to investigate and to determine whether there may have been a violation of the sixth amendment E. holding that a criminal defendant has a sixth amendment right to counsel at trial

assistant: The best answer is D. holding that where possible juror misconduct is brought to the trial judges attention he or she has a duty to investigate and to determine whether there may have been a violation of the sixth amendment
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 procedural issue. Id. at 272. Therefore, we apply Texas procedure in determining the proper avenue for review of the challenged order. Id. Unless specifically authorized by statute, Texas appellate courts may review only final orders or judgments. Id. As a general rule, a final order or judgment is one that finally disposes of all remaining parties and claims, based on the record, regardless of its language. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex.2001); see also Wagner v. Warnasch, 156 Tex. 334, 338, 295 S.W.2d 890, 892 (1956) (final order disposes of all issues and parties “so that no future action by the trial court will be necessary in order to settle and determine the entire controversy”). But see Brittingham-Sada de Ayala v. Mackie, 193 S.W.3d 575, 578 (Tex.2006) (<HOLDING>). This rule applies whether the merits of a Options: A. recognizing that in probate cases multiple judgments final for purposes of appeal can be rendered on certain discrete issues B. holding that final closing orders in a probate proceeding can be vacated through a rule 60b motion despite the fact that section 7531001 of the probate code discharges a personal representative from further claim or demand after a final closing order has been entered C. holding that the discovery rule does not apply to bill of review claims to set aside probate judgments D. holding that even though the state trial court rendered its judgments in the defendants prior cases on the same day with their sentences to run concurrently the district court did not clearly err in finding that those prior cases were not consolidated for sentencing due to cases separate indictments and judgments and the absence of a consolidation order E. recognizing that judgments of arizona courts on foreign judgments will not be conclusive in the jurisdiction of origin

assistant: The best answer is A. recognizing that in probate cases multiple judgments final for purposes of appeal can be rendered on certain discrete issues
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 case one or more provisions of this Agreement or the other Credit Documents shall be invalid, illegal or unenforceable in any respect under any applicable Legal Requirement, the validity, legality, and enforceability of the remaining provisions contained herein or therein shall not be affected or impaired thereby. The invalidity of a provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: displayed. She didn’t testify that this individual who came in the store on four occasions and ultimately robbed her prominently displayed his teeth. So, I don’t know why the appearance of teeth would be suggestive of anything. The district court did not clearly err in ruling that the photo identification array was not unduly suggestive. A darker hue or different colored background does not “in [itself] create an impermissible suggestion that the defendant is the offender.” United States v. Burdeau, 168 F.3d 352, 358 (9th Cir.1999) (denying challenge to pretrial identification where defendant’s “picture was placed in the center of the array, was darker than the rest, and was the only one in which the eyes were closed.”); see also United States v. Mathis, 264 F.3d 321, 333 (3d Cir.2001) (<HOLDING>). Detective Kelso provided a reasonable Options: A. holding that district court did not err in holding that it was unnecessary to instruct the jury that intent to produce anticompetitive effects is an element of the offense of which defendants were convicted B. holding search of trunk unnecessary to protect officers or prevent defendants escape C. holding that slightly darker background of defendants picture did not significantly contribute to the arrays unnecessary suggestiveness D. holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify E. holding that aedpa did not codify keeney but instead significantly curtails the availability of evidentiary hearings to develop material facts

assistant: The best answer is C. holding that slightly darker background of defendants picture did not significantly contribute to the arrays unnecessary suggestiveness
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the plaintiffs claims. Thus, even where a party “is not technically suing for breach of' contract,” the forum selection clause can still apply if “the entire controversy centers around which party’s interpretation of the contract is thé correct one.” Int’l Software Sys., Inc. v. Amplicon, Inc., 77 F.3d 112, 116 (5th Cir.1996). That quite accurately describes this dispute. Plaintiffs ' argue, with colorable support, that the October 2014 Settlement Agreement released them from claims such as those in the Kentucky Action. (ECF No. 14 at 11-19.) Vine contends the opposite. (ECF No. 23 at 19-24.) The correct interpretation of the October 2014 Settlement Agreement is therefore directly at issue. See also John Wyeth & Bro. Ltd. v. CIGNA Int’l Corp., 119 F.3d 1070, 1076 (3d Cir.1997) (<HOLDING>).' 3. The Second Amended Kentucky Complaint The Options: A. holding that a forum selection clause was not enforceable against defendants that were not parties to the contract B. holding that the arbitration agreement in a written contract did not apply to a dispute arising from a subsequent oral agreement which did not incorporate the arbitration clause from the written contract C. holding that a broadly worded forum selection clause extending to any dispute arising in relation to the contract easily encompasses a dispute in which the contract is raised as a defense D. holding that contract promise to litigate any dispute arising from the contract in the english courts was prima facie valid quoting underlying contract E. holding that when action arising under contract containing venue selection clause is filed in court other than that specified in clause case will be transferred to forum selected by contract unless venue selection clause is unreasonable and unjust or invalid due to fraud or overreaching

assistant: The best answer is C. holding that a broadly worded forum selection clause extending to any dispute arising in relation to the contract easily encompasses a dispute in which the contract is raised as a defense
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: (2d Cir.1996) (declaring that ''[b]ecause general jurisdiction is not related to the events giving rise to the suit, courts impose a more stringent minimum contacts test” than for specific jurisdiction); 4 Wright & Miller § 1067.5, at 499-507 (noting that, although "[s]pecific jurisdiction ... may be asserted when the defendant’s forum contacts are isolated or sporadic, but the plaintiff's cause of action arises out of those contacts with the state,” when "the cause of action sued on does not arise from the defendant’s contacts with the forum state, an assertion of general jurisdiction must be predicated on contacts that are sufficiently continuous and systematic to justify haling the defendant into a court in that state”). 3 . Cf. Burger King Corp., 471 U.S. at 476, 105 S.Ct. at 2184 (<HOLDING>); World-Wide Volkswagen Corp. v. Woodson, 444 Options: A. holding that in modern commercial life it matters little that solicitation is accomplished by a deluge of catalogs rather than a phalanx of drummers that the requirements of due process are met irrespective of a corporations lack of physical presence in the taxing state and that due process therefore permits the imposition of a collection duty on a mailorder house that is engaged in continuous and widespread solicitation of business within a state B. holding that the defendant did not need to know he was crossing state lines in order to violate 18 usc 1201 which applies to the transportation of kidnaped persons across state lines C. holding that the actual amount of capital employed in the state by a foreign corporation was to be based on the property of the corporation that was within the state and that was used in business transacted within the state D. holding that specific jurisdiction may not be avoided merely because the defendant did not physically enter the forum state since it is an inescapable fact of modern commercial life that a substantial amount of business is transacted solely by mail and wire communications across state lines thus obviating the need for physical presence within a state in which business is conducted E. holding that the basis of in rem jurisdiction is the presence of the subject property within the territorial jurisdiction of the forum state

assistant: The best answer is D. holding that specific jurisdiction may not be avoided merely because the defendant did not physically enter the forum state since it is an inescapable fact of modern commercial life that a substantial amount of business is transacted solely by mail and wire communications across state lines thus obviating the need for physical presence within a state in which business is conducted
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 right to appear personally at sentencing and testify. Section 557.041.2 states: At the time of sentencing of any person who has pled guilty or been found guilty of a felony offense, the victim of such offense may appear before the court personally or by counsel for the purpose of making a statement or may submit a written statement. The statement shall relate solely to the facts of the case and any personal injuries or financial loss incurred by the victim. A member of the immediate family of the victim may appear personally or by counsel to make a statement if the victim has died or is otherwise unable W.D.1993)(fmding no error in allowing representative of Mothers Against Drunk Driving to testify at the sentencing hearing); Edwards v. State, 794 S.W.2d 249, 251 (Mo.App. W.D.1990)(<HOLDING>). The statute does not restrict or modify the Options: A. holding that a prosecutors questions eliciting testimony from a victim as to issue of virginity prior to the assault did not violate colorados rape shield statute because that statute does not specifically prohibit a victim from testifying as to a lack of prior sexual activity id at 1020 B. holding admissible testimony of the victims daughter regarding a telephone call from the defendant to the victim hours before the victims death and the victims emotions following the telephone call where defendant claimed accident C. holding that a victim impact aggravator was not unconstitutionally vague because it directed the jury to consider inter alia the effect of the crime on the victims family D. holding statute does not preclude victims family from testifying as to the difficulties encountered by victim following accident E. holding that before a defendant is entitled to introduce evidence of the victims character for violence there must be sufficient evidence to support a finding that the victim was the first aggressor and that once the defendant testified that he was attacked and cut by the victim without provocation before using the victims utility tool to stab the victim the defendant was clearly entitled to question the victim about past acts of violence reflected in court documents from the state of oregon

assistant: The best answer is D. holding statute does not preclude victims family from testifying as to the difficulties encountered by victim following accident
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to Aquino’s lawsuit, had no obvious motive to misrepresent the coverage limit. Moreover, as noted, the company’s representation of liability limits (as “100,000 CSL”) coincided with language used in the declaration page (“$100,000 Combined Single Limit”) to describe coverage limits for property damage and bodily injury. Thus, because Pearson’s statements resulted from a reasonable, albeit mistaken, interpretation of the insurance policy, they are not actionable under Chapter 93A. See Guity, 36 Mass.App.Ct. at 343, 631 N.E.2d 75 (“A plausible, reasoned legal position that may ultimately turn out to be mistaken ... is outside the scope of the punitive aspects of the combined application of Chapter 93A and Chapter 176D”); United States ex. rel. Metric Electric, 301 F.Supp.2d at 70 (<HOLDING>). Even assuming arguendo that Pearson’s Options: A. holding that summary judgment on chapter 93a claim is appropriate when summary judgment is granted on fraud claim and chapter 93a claim is solely based on the underlying claim for common law fraud B. holding that where there was no evidence of the claimed underlying violation and where there were no unique arguments related to the chapter 93a claim defendant was entitled to summary judgment on plaintiffs chapter 93a claim C. holding that a closing protection letter offering to indemnify a mortgage company was not an insurance contract where although issued by an insurance company there was no distribution of the risk D. holding that inaccuracies did not give rise to a violation of chapter 93a where there was no deliberate misrepresentation of underlying facts and no indication that the insurance company did not believe its conclusions to be true at the time E. holding that a city may not be held liable under 1983 where there was no underlying constitutional violation by any of its officers

assistant: The best answer is D. holding that inaccuracies did not give rise to a violation of chapter 93a where there was no deliberate misrepresentation of underlying facts and no indication that the insurance company did not believe its conclusions to be true at the time
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 Mortgage and the other Priority Lien Documents embody the entire agreement and understanding between Mortgagee and Mortgagor relating to the subject matter hereof and thereof and supersede all prior agreements and understandings between such parties relating to the subject matter hereof and thereof. Accordingly, the Priority Lien Documents may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties.

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 legal provision and list the applicable contract clause categories. Provision: This agreement shall be governed in all respects, including validity, interpretation and effect, by the laws of the State of Delaware applicable to contracts executed and to be performed wholly within such state without giving effect to the choice of law principles of such State.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: after his FMLA leave expired, and he therefore had no right to reinstatement. (See Doc. 18, pp. 7-8 of 16.) Plaintiff alleges that he was given express permission to extend his leave beyond the twelve weeks allotted by the FMLA, and he was entitled to reinstatement when he attempted to return to work at the end of the extension. (See Doc. 19, pp. 11-12 of 17.) The majority of courts that have reviewed extensions of FMLA leave beyond twelve weeks have interpreted the twelve-week leave period strictly and found that employees are not entitled to the protections of the FMLA after the statutory leave has expired, even where the employee has received permission to extend their leave from the employer. See, e.g., Conoshenti v. Pub. Serv. Elec. & Gas Co., 364 F.3d 135, 148 (3d Cir. 2004) (<HOLDING>); Hofferica v. St. Mary Med. Ctr., 817 Options: A. holding that employee who exceeded fmla leave was subject to immediate discharge on the very first workday that he was both absent from work and no longer protected by the fmla B. holding that an employee who did not present evidence that she could have returned to work prior to the expiration of her fmla leave allowance was not entitled to additional leave merely because her employer had not properly provided her with notice that the leave was designated as fmla leave C. holding that a plaintiff who was unable to return to work before his fmla leave expired did not allege any denial of an fmla right but noting that ragsdale left open the possibility that employees could recover for notice violations on a casebycase basis if there was actual harm resulting from the violations D. holding that employers oral denial of plaintiffs request for fmla leave showed interference E. holding that both the cfra and the fmla require the employee to provide notice to the employer of the employees intent to take leave

assistant: The best answer is A. holding that employee who exceeded fmla leave was subject to immediate discharge on the very first workday that he was both absent from work and no longer protected by the fmla
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 provisions of this Agreement may not be waived, altered, amended or repealed in whole or in part except by the signed written consent of the parties sought to be bound by such waiver, alteration, amendment or repeal.

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 legal provision and list the applicable contract clause categories. Provision: Subject to the remaining terms of this Article IV, this Agreement shall be for an initial term that begins on the Effective Date and continues in effect through October 31, 2017 (the “ Initial Term ”) and, unless terminated sooner as herein provided, shall renew for successive one-year periods after the fifth anniversary of the Effective Date (each a “ Renewal Term ” and together with the Initial Term, the “ Term ”). If the Company or Executive desires to elect not to renew this Agreement, the Company or Executive must give written notice (which may be included in a Notice of Termination) to the other party at least 30 days before the expiration of the then-current Initial Term or Renewal Term, as applicable. In the event that one party provides the other with a written notice of election not to renew this Agreement pursuant to this Section 4.1, no further automatic extensions will occur and this Agreement shall terminate at the end of the then-existing Initial Term or Renewal Term, as applicable. If the Company elects not to renew this Agreement and Executive’s employment with the Company is not terminated, Executive shall continue as an at-will employee of the Company and this Agreement shall terminate, subject to Section 9.13, at the end of the current Term.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: limitation on any fee award, holding that reasonable fees may be awarded only from that point in the litigation at which it becomes clear that the action is frivolous. DeBrango v. Summit Bancorp, 328 N.J.Super. 219, 229-30, 745 A.2d 561 (App.Div.2000) (interpreting impact of obligation to withdraw based on further discovery pursuant to R. l:4-8(a)(3) upon award of fees). Although we have not addressed the parameters of this Rule, our Appellate Division has been consistent in its strict application. See, e.g., First Atl. Fed. Credit Union v. Perez, 391 N.J.Super. 419, 433, 918 A.2d 666 (App.Div.2007) (concluding that objectively reasonable belief in merits precludes attorney fee award); Wyche v. Unsatisfied Claim and Judgment Fund, 383 N.J.Super. 554, 560-61, 892 A.2d 761 (App.Div.2006) (<HOLDING>); K.D. v. Bozarth, 313 N.J.Super. 561, 574-75, Options: A. holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency B. holding that plaintiffs legitimate effort to extend law on previously undecided issue precluded award of fees C. holding proper basis for award of fees D. holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees E. holding that an attorneys fees award is not appealable until the amount of the award is set

assistant: The best answer is B. holding that plaintiffs legitimate effort to extend law on previously undecided issue precluded award of 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: Offers and sales of the Securities shall be made to such persons and in such manner as is contemplated by the Offering Memorandum. Each Initial Purchaser severally agrees that it will not offer, sell or deliver any of the Securities in any jurisdiction outside the United States except under circumstances that will result in compliance with th e applicable laws thereof, and that it will take at its own expense whatever action is required to permit its purchase and resale of the Securities in such jurisdictions. The Company has not entered into any contractual arrangement, other than this Agreement, with respect to the distribution of the Securities or any Common Stock issuable upon conversion of the Securities and the Company will not enter into any such arrangement except as contemplated thereby.

assistant: Sales
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 of the direct and indirect subsidiaries of the Company are set forth in the SEC Reports. Except as may be set forth in the SEC Reports, the Company owns, directly or indirectly, all of the capital stock or other equity interests of each Subsidiary free and clear of any Liens, and all of the issued and outstanding shares of capital stock of each Subsidiary are validly issued and are fully paid, non-assessable and free of preemptive and similar rights to subscribe for or purchase securities.

assistant: Subsidiaries