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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrowers shall maintain at all times Dominion Accounts pursuant to lockbox or other arrangements acceptable to Agent and, in the case of any such Dominion Account and lockbox arrangement, with such bank as may be selected by Borrowers and be acceptable to Agent. Borrowers shall obtain a deposit account control agreement (in form and substance satisfactory to Agent) from each lockbox servicer and Dominion Account bank that maintains a Deposit Account of each Borrower, establishing Agent’s control over and Lien in the lockbox and any such Dominion Account, requiring immediate deposit of all remittances received in the lockbox to a Dominion Account, and waiving offset rights of such servicer or bank, except for customary administrative charges. All funds in each Dominion Account shall be immediately transferred to a controlled account designated by Borrowers (the " Primary Payment Account ") and shall be applied to the Obligations at the beginning of the next Business Day in accordance with Section 2.10 and the DIP Financing Orders. Agent and Lenders assume no responsibility to Borrowers for any lockbox arrangement or Dominion Account, including any claim of accord and satisfaction or release with respect to any Payment Items accepted by any bank. Borrowers shall request in writing and otherwise take commercially reasonable steps to ensure that all payments on Accounts or otherwise relating to ABL Priority Collateral are made directly to a Dominion Account (or a lockbox relating to a Dominion Account). If a Borrower receives cash or Payment Items with respect to any ABL Priority Collateral, or, subject to the terms of the Intercreditor Agreements, any other Collateral, it shall hold same in trust for the Pre-Petition Agent and Agent and promptly (not later than the next Business Day) deposit same into a Dominion Account. For avoidance of doubt, no Dominion Account shall constitute an Exempt Deposit Account. To expedite collection, Borrowers shall endeavor in the first instance to make collection of Borrowers’ Accounts. Agent retains the right at all times during the continuance of an Event of Default to notify Account Debtors of each Borrower that Accounts have been assigned to Agent and to collect Accounts directly in its own name and to charge to Borrowers the collection costs and expenses incurred by Agent or Lenders, including reasonable attorneys’ fees.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the laws and decisions of the Commonwealth of Virginia, without regard to its choice of law principles. Actions to enforce this Agreement shall be brought in the State or Federal courts located in the Commonwealth of Virginia. The parties hereto waive all rights to trial by jury in any action, suit or proceeding brought to resolve any dispute connected to, arising out of or related to this Agreement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the extent permitted by the applicable law , payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods or unwatched netflix content .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: case, we must conclude that the District Court was not required to notify Bellamy of its intent to impose a sentence that exceeded the range recommended in § 7B1.4. Although notice would be required if this case involved a departure from an actual guideline range for purposes of initial sentencing under Chapter 5 of the Guidelines Manual, Burns v. United States, 501 U.S. 129, 138, 111 S.Ct. 2182, 115 L.Ed.2d 123 (1991), this is not such a departure. Unlike the ranges called for by Chapter 5, the ranges listed in Chapter 7 are not binding on the District Court. Accordingly, we conclude that a decision to exceed that range cannot be equated to an “upward departure,” and will not invoke the same procedural protections that would accompany such a departure. Cf. Blackston, 940 F.2d at 894 (<HOLDING>). As Bellamy himself acknowledges, other courts Options: A. holding that only general rather than specific reasons must be stated when a court strays from the chapter 7 range B. holding that no notice is necessary when a court exceeds a range recommended by chapter 7 C. holding that where the guideline range is higher than the statutory maximum sentence the court should depart from the lowest range that could support the statutory maximum D. holding denial of motion to convert from chapter 11 to chapter 7 is interlocutory E. holding that explicit credibility finding must be more than passing remark of disbelief and must be supported by specific cogent reasons

assistant: The best answer is A. holding that only general rather than specific reasons must be stated when a court strays from the chapter 7 range
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: From time to time execute and deliver, or cause to be executed and delivered, such additional instruments, certificates or documents, and take all such actions, as the Administrative Agent or the Collateral Agent may reasonably request for the purposes of implementing or effectuating the provisions of this Agreement and the other Loan Documents, or of more fully perfecting or renewing the rights of the Administrative Agent, the Collateral Agent and the Secured Parties with respect to the Collateral (or with respect to any additions thereto or replacements or proceeds thereof or with respect to any other property or assets hereafter acquired by the Borrower or any Restricted Subsidiary which may be deemed to be part of the Collateral) pursuant hereto or thereto. Upon the reasonable exercise by the Administrative Agent or the Collateral Agent of any power, right, privilege or remedy pursuant to this Agreement or the other Loan Documents which requires any consent, approval, recording qualification or authorization of any Governmental Authority, the Borrower will execute and deliver, or will cause the execution and delivery of, all applications, certifications, instruments and other documents and papers that the Administrative Agent or the Collateral Agent reasonably determine may be required to obtain from the Borrower or any of its Restricted Subsidiaries for such governmental consent, approval, recording, qualification or authorization.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests, claims, demands, waivers and other communications hereunder shall be in writing and shall be deemed to have been duly given (i) when delivered by hand, if delivered personally or by courier, (ii) when sent by facsimile (with written confirmation of receipt), provided that a copy is mailed by registered or certified mail, return receipt requested or (iii) three days after being deposited in the mail (registered or certified mail, postage prepaid, return receipt requested) as follows: if to the Issuers, c/o CCO Holdings, LLC, 400 Atlantic Street, 10 th Floor, Stamford, Connecticut 06901, Attention: General Counsel, Facsimile No.: (203) 564-1377 and if to a holder, to the address of such holder set forth in the security register or other records of the Issuers, or to such other address as the Issuers or any such holder may have furnished to the other in writing in accordance herewith, with a copy in like manner c/o Citigroup Global Markets Inc., 388 Greenwich Street, New York, New York 10013, Attention: General Counsel, Facsimile No.: (646) 291-1469. Notices of change of address shall be effective only upon receipt.

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: The execution, delivery and performance of this Agreement and all other agreements contemplated hereby to which the Seller is a party have been duly authorized by the Seller. This Agreement and all other agreements contemplated hereby each constitutes a valid and binding obligation of the Seller, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and limitations on the availability of equitable remedies. The execution and delivery by the Seller of this Agreement and all other agreements contemplated hereby to which the Seller is a party, and the fulfillment of and compliance with the respective terms hereof and thereof by the Seller, do not and shall not conflict with or result in a breach of the terms, conditions or provisions of, or require any authorization, consent, approval, exemption or other action by or notice to any court or administrative or governmental body pursuant to, its limited liability company operating agreement or any material law, statute, rule or regulation to which the Seller is subject, or any material agreement, instrument, order, judgment or decree to which the Seller is subject, except where any such condition would not adversely affect their ability to perform its obligations hereunder. The Seller has full right, power and authority to sell, assign, transfer and deliver the Shares to be sold by the Seller hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the cases that have interpreted “disposal.” Rather, the cases fall in a continuum, with the Sixth Circuit taking an “active-only” approach in 150 Acres of Land; the Third Circuit, in CDMG Realty, and the Second Circuit, in ABB Industrial Systems, addressing only the spread of contamination (and leaving open whether migration must always be “active” to be a “disposal”); and, finally, the Fourth Circuit in Nurad, concluding that “disposal” includes passive migration, at least in the context of leaking underground storage tanks. We have not addressed whether “disposal” in § 9607(a) includes the passive movement of contamination. We have held, however, that the movement of contamination that does result from human conduct is a “disposal.” See Kaiser Aluminum & Chem. Corp., 976 F.2d at 1342 (<HOLDING>). In another context, we have held that Options: A. holding that disposal under 9607a2 includes a partys movement and spreading of contaminated soil to uncontaminated portions of property and that congress did not limit disposal to the initial introduction of hazardous material onto property B. holding that property of a public entity includes having exclusive control and possession of property C. holding that given the breadth of the statutory definition of disposal the district court must be able to conclude that the buried drums did not leak when the defendants owned or operated the facility to make a finding that they were not liable under 9607a2 D. holding that the circuit courts statutory power in a divorce suit did not inherently extend to the disposal of the personal property of a party E. recognizing allegation that chemical contamination continued to migrate onto plaintiffs property and enter groundwater and soil

assistant: The best answer is A. holding that disposal under 9607a2 includes a partys movement and spreading of contaminated soil to uncontaminated portions of property and that congress did not limit disposal to the initial introduction of hazardous material onto property
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Effective Date, no Loan Party has any Subsidiaries other than those specifically disclosed in Part (a) of Schedule 3.13 , and all of the outstanding Equity Interests in such Subsidiaries have been validly issued, are fully paid and nonassessable and are owned by a Loan Party in the amounts specified on Part (a) of Schedule 3.13 free and clear of all Liens. As of the date of this Agreement, no Loan Party has any material equity investments in any other corporation or entity other than those specifically disclosed in Part (b) of Schedule 3.13 .

assistant: Subsidiaries
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: that in December 1995, his wage was $8.67 per hour. Lewis stated that a Caucasian employee, who misrepresented his knowledge of desktop publishing, was hired at a rate of $9.00 per hour in his department. This employee ultimately was “[p]ushed out the door.” Supp.App. at 354. Lewis also stated that another Caucasian employee received a pay increase from $7.50 to $8.25 per hour after he went from part-time to full-time status, and that a third Caucasian employee told him that he received a raise after his father called the store manager. The District Court held that Lewis failed to establish a prima facie case of discrimination because he had not shown that the employees he identified were similarly situated to him. See Watson v. Eastman Kodak Co., 235 F.3d 851, 857-58 (3d Cir.2000) (<HOLDING>). Finally, on his wrongful termination claim, Options: A. holding that caucasian employees who engaged in the same act as the plaintiff but it did not result in injury to others were not similarly situated B. holding that a plaintiff who did not show that he was paid at a lower rate than similarly situated employees could not survive summary judgment C. holding that plaintiff was not similarly situated to another employee who also engaged in protected activity for purposes of plaintiffs retaliation claim D. holding that employees of differing seniority levels were not similarly situated E. holding that employee who violated a different policy of the store than plaintiff was not similarly situated

assistant: The best answer is B. holding that a plaintiff who did not show that he was paid at a lower rate than similarly situated employees could not survive summary judgment
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 Junior Secured Creditor agrees that it will not object to or oppose a Disposition of any Collateral free and clear of Liens or other claims under Section 363 of the Bankruptcy Code or any other provision of the Bankruptcy Code, if the Priority Secured Creditor has consented to such Disposition of such Collateral, as long as all net proceeds of such Disposition received by the Priority Secured Creditor will be applied to the permanent reduction of the Priority Secured Creditor Obligations or to the payment of expenses required by the Bankruptcy Court to be paid as a condition to the approval of the sale; provided that the Junior Secured Creditor may raise any objections to any such Disposition of such Collateral that could be raised by any creditor of the applicable Obligor whose claims were not secured by any Liens on such Collateral; provided that such objections are not inconsistent with any other term or provision of this Agreement and are not based on the status of the objecting party as a secured creditor (without limiting the foregoing, no Secured Creditor may raise any objections based on rights afforded by Sections 363(e) and (f) of the Bankruptcy Code to secured creditors (or by any comparable provision of any Bankruptcy Law)) with respect to the Liens granted the Junior Secured Creditor in such Collateral. No Junior Secured Creditor shall initiate or prosecute or join with any other Person to initiate or prosecute any claim, action or other proceeding (i) challenging the enforceability of the Priority Secured Creditor’s claims as fully secured claims with respect to all or part of the Priority Obligations secured by Collateral or for allowance of any Priority Obligations (including those consisting of post-petition interest, fees or expenses) or opposing any action by the Priority Secured Creditor to enforce its rights or remedies arising under the applicable Loan Documents as to its priority in a manner which is not prohibited by the terms of this Agreement, (ii) challenging the enforceability, validity, priority (on terms inconsistent with this Agreement) or perfected status of any Liens on any Collateral securing the Priority Obligations of the Priority Secured Creditor under the applicable Documents, (iii) asserting any claims which any Obligor may hold with respect to the Priority Secured Creditor, (iv) seeking to lift the automatic stay with respect to any Enforcement Action against Collateral as to which it is the Junior Secured Creditor, to the extent that such action is opposed by the Priority Secured Creditor as to such Collateral, or (v) opposing a motion by the Priority Secured Creditor to lift the automatic stay as to an Enforcement Action with respect to Collateral as to which it is the Priority Secured Creditor.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in consideration for duolingo granting you access to and use of the service , you agree that duolingo and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and any amendments, waivers, consents or supplements hereto may be executed in counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all taken together shall constitute a single contract. Delivery of an executed counterpart of a signature page to this Agreement by facsimile or in electronic (i.e., "pdf" or "tif") format shall be effective as delivery of a manually executed counterpart of this Agreement. This Agreement constitutes the entire contract among the parties with respect to the subject matter hereof and supersede all previous agreements and understandings, oral or written, with respect thereto.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the arbitrator 's award of damages must be consistent with the terms of the `` limitation of liability '' section above as to the types and amounts of damages for which a party may be held liable .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Do, or cause to be done, all things necessary to preserve, renew and keep in full force and effect its legal existence, except, in the case of a Subsidiary of the Borrower that is not a Loan Party, where the failure to do so would not reasonably be expected to have a Material Adverse Effect, and except as otherwise expressly permitted under Section 6.05 ; provided that the Borrower may liquidate or dissolve one or more Subsidiaries if the assets of such Subsidiaries to the extent they exceed estimated liabilities are acquired by the Borrower or a Wholly-Owned Subsidiary of the Borrower in such liquidation or dissolution; except that Subsidiary Loan Parties may not be liquidated into Subsidiaries that are not Loan Parties and Domestic Subsidiaries may not be liquidated into Foreign Subsidiaries.

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: The Participant agrees not to disclose the existence or terms of this Award to any third parties with the exception of the Participant’s accountants, attorneys, or spouse, and shall ensure that none of them discloses such existence or terms to any other person, except as required to comply with legal process.

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 case excerpt and choose the best holding from the options. Case excerpt: as possible, because, yes, I was in fear for my safety at that time. Examining the encounter in context, however, in light of the testimony of Stratton, I find that the second movement was witnessed as the officers approached, before McKoy was asked to leave the car, and that promptly upon being asked, McKoy left his vehicle. 3 . Of course, the police did not actually stop the car in this case. At the point when they asked McKoy to leave the car, however, they had seized him for purposes of the Fourth Amendment. The police officers in this case were justified in stopping the defendant and effecting this initial seizure because they had probable cause to believe he had committed two separate traffic violations. See Whren v. U.S., 517 U.S. 806, 819, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996) (<HOLDING>). The officers in this case were also permitted Options: A. holding that a traffic stop is reasonable under the fourth amendment when police have probable cause to believe a traffic infraction has occurred B. holding that an officers reasonable mistake of law can give rise to the reasonable suspicion necessary to justify a traffic stop under the fourth amendment C. holding that the subjective intent of the officer is no longer determinative wjhen applying the objective test generally the only determination to be made is whether probable cause existed for the stop in question and that per whren a violation of traffic law provided sufficient probable cause to make the subsequent search and seizure reasonable D. holding that probable cause to believe the traffic code had been violated rendered the stop reasonable under the fourth amendment regardless of officers subjective intent E. holding a warrantless arrest by a law officer is reasonable under the fourth amendment where there is probable cause to believe that a criminal offense has been or is being committed

assistant: The best answer is D. holding that probable cause to believe the traffic code had been violated rendered the stop reasonable under the fourth amendment regardless of officers subjective intent
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as a deemed party under the doctrine. Under Texas law, Lapiner cannot satisfy any of the elements of the doctrine of virtual representation. Lapiner is not bound by the underlying judgment — Is-ramco is bound. The claims adjudicated in this shareholder derivative action are for injury to the corporation, as distinguished from injury to its shareholders. See Swank v. Cunningham, 258 S.W.3d 647, 661-62 (Tex.App.-Eastland 2008, pet. denied); see also Redmon v. Griffith, 202 S.W.3d 225, 233 (Tex.App.-Tyler 2006, pet. denied). Our analysis is not altered even though the shareholder derivative action judgment may “bring about reduced earnings, salaries, or bonuses.” See BJVSD Bird Family P’ship, L.P. v. Star Elec., L.L.C., 413 S.W.3d 780, 785-86 (Tex.App.-Houston [1st Dist.] 2013, no pet.) (<HOLDING>). Finally, there is no identity of interest Options: A. holding that an action naming a state entity as a defendant did not constitute an action against the state because the state entity was sued in its capacity as receiver B. holding that reasonable reliance is not an element of the defense C. holding that the appellants interest as a stakeholder in an entity did not satisfy the privity element of the virtual representation doctrine D. holding that the trial court erred in denying the defendants motion in arrest of judgment when the indictment lacked a material element and it was not apparent that the grand jury based the indictment on facts that satisfy this element of the crime and that the only permissible cure was to send the matter back to the grand jury E. holding the connection is an element

assistant: The best answer is C. holding that the appellants interest as a stakeholder in an entity did not satisfy the privity element of the virtual representation doctrine
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in this State, when construing statutes, we must presume that public interests are favored over private interests. See Tex. Gov’t Code Ann. § 311.021(5); City of DeSoto v. White, 288 S.W.3d 389, 396-97 (Tex.2009). It is in the public interest that the ad valorem tax be applied to property owners to compensate for a variety of benefits provided by local services such as fire and police protection, street lighting, roads and streets, and other incidents of a modern industrial infrastructure. Virginia Indonesia v. Harris County Appraisal Dist., 910 S.W.2d 905, 909 (Tex.1995) (citing Michelin Tire Corp. v. Wages, 423 U.S. 276, 289, 96 S.Ct. 535, 548, 46 L.Ed.2d 495 (1976)); see also Exxon Corp. v. Wisconsin Dept. of Rev., 447 U.S. 207, 228, 100 S.Ct. 2109, 2122, 65 L.Ed.2d 66 (1980) (<HOLDING>). Additionally, as the Supreme Court has held, Options: A. recognizing that generally services that benefit debtor are services that facilitate completion of a case B. holding that the state police is a state agency C. holding that constitutional claim must be fairly presented to state court in order to satisfy exhaustion requirement D. holding that both federal and state tax statutes are revenue production laws and not enacted for plaintiffs benefit E. holding tax must be fairly related to services provided by state including police and fire protection and benefit of trained work force

assistant: The best answer is E. holding tax must be fairly related to services provided by state including police and fire protection and benefit of trained work force
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: Juan Lopez appeals from his conviction and sentence for harboring aliens in violation of 8 U.S.C. 1324(a)(l)(A)(iii), and conspiracy in violation of 8 U.S.C. § 1324(a)(l)(A)(v)(I). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742, and we affirm. Lopez argues that the district court erred when it redacted his indictment to remove reference to commercial advantage and private financial gain. Even assuming this argument was not waived, Lopez has failed to demonstrate plain error on the part of the district court. Clearly, the court’s redaction did not violate the Fifth Amendment because it did not broaden the charges against Lopez; if anything, it narrowed them. See United States v. Miller, 471 U.S. 130, 138-45, 105 S.Ct. 1811, 85 L.Ed.2d 99 (1985) (<HOLDING>). In addition, that the indictment did not Options: A. recognizing that an otherwise nonfinal decision becomes final and appealable if the district court adjudicates all remaining claims against all remaining parties before the appellate court acts to dismiss the appeal B. holding that a court may amend an indictment so long as the scope of the remaining charges is narrower than before C. holding that where the date of the offense is not an element of the charge a variance between the indictment date and the proof at trial is not fatal so long as the acts charged were committed within the statute of limitations period and prior to the return date of the indictment D. holding that this court may reconsider an erroneous ruling as long as the appeal is current E. holding that an allegation as to the time of the offense is not an essential element of the offense charged in the indictment and within reasonable time limits proof of any date before the return of the indictment and within the statute of limitations is sufficient

assistant: The best answer is B. holding that a court may amend an indictment so long as the scope of the remaining charges is narrower than before
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: Promptly notify Agent in writing of any claim, litigation, suit or administrative proceeding affecting any Loan Party or CMP whether or not the claim is covered by insurance, and of any litigation, suit or administrative proceeding, which in any such case affects the Collateral or which could reasonably be expected to have a Material Adverse Effect.

assistant: Litigations
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: for Ozman’s actions. Plaintiff speculates that, in denying the summary judgment motion, Judge Duffy merely found that the default judgment did not establish the Bank’s responsibility for Ozman’s actions. Relying heavily on Judge Duffy’s statement that “[t]he default taken establishes nothing,” the Bank argues that Judge Duffy has already ruled that the default judgment cannot be used against the Bank. In addition, the Bank argues that a default judgment, as a matter of law, has no effect on a co-defendant. Finally, arguing that it has been prejudiced by Ozman’s actions, the Bank argues that the default judgment is not admissible because it is irrelevant hearsay. But see Zaken v. Boerer, 964 F.2d 1319, 1323 (2d Cir.), cert. denied, — U.S. —, 113 S.Ct. 467, 121 L.Ed.2d 375 (1992) (<HOLDING>). As an initial matter, it is not productive to Options: A. holding that plaintiffs failure to mention vice president of thirdparty company in initial disclosures was harmless because plaintiffs mentioned president of company and defendants conducted no discovery of company B. holding that statement is admission by partyopponent if made by partys agent or servant concerning matter within course and scope of the agency or employment and made during existence of agency or employment relationship C. holding that liability to the insured for acts or contracts of an insurance agent within the scope of his agency with a full disclosure of the principal rests on the company D. holding owner of limited liability company may be personally liable to third party if owner acts as agent for company and fails to disclose existence and identity of principal E. holding that statements of a company vice president were admissible against the principal owner of the company under fedrevid 801d2d as an admission made by the partys agent or servant concerning a matter within the scope of the agency or employment

assistant: The best answer is E. holding that statements of a company vice president were admissible against the principal owner of the company under fedrevid 801d2d as an admission made by the partys agent or servant concerning a matter within the scope of the agency or employment
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: 735 F.2d 967, 968 (6th Cir.1984) (The Beck “principle is not limited to capital cases_”); see also United States v. Zapata-Tamallo, 833 F.2d 25, 28 (2d Cir.1987) (“Due process requires that a lesser included offense instruction be given [in narcotics possession case] if the evidence would permit a jury rationally to find [a defendant] guilty of the lesser offense and acquit him of the greater.”) (quoting Hopper v. Evans, 456 U.S. 605, 612, 102 S.Ct. 2049, 2053, 72 L.Ed.2d 367 [1982]); Bishop v. Mazurkiewicz, 634 F.2d 724 (3d Cir.1980), cert. denied, 452 U.S. 917, 101 S.Ct. 3053, 69 L.Ed.2d 421 (1981) (Lesser included offense instruction of manslaughter is not required by due process if the evidence does not support it.). But see Easter v. Estelle, 609 F.2d 756, 758 (5th Cir.1980) (<HOLDING>) (citations omitted); Nichols v. Gagnon, 710 Options: A. holding that an offense is factually lesser included if the charging instrument alleges that the means used to commit the crime charged include all of the elements of the alleged lesser included offense B. holding that the trial court did not err in refusing to instruct the jury on trespass as a lesser included offense of breaking and entering because appellant failed to advise the court which of the numerous trespass statutes he considered to be lesser included to the offense charged C. holding that a state trial court judges failure to instruct on a lesser included offense is not a federal constitutional matter D. recognizing that attempts are category two lesser included offenses and that the judge should not instruct on an attempt if the evidence only supports a completed offense E. holding that aggravated battery is a lesser included offense of manslaughter

assistant: The best answer is C. holding that a state trial court judges failure to instruct on a lesser included offense is not a federal constitutional matter
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests and other communications to either party hereunder shall be in writing (including facsimile transmission or electronic mail) and shall be given, (a) if to Sellas, in accordance with the provisions of the Plan of Merger and (b) if to the Stockholder, to the Stockholder’s address, electronic mail address or facsimile number set forth on a signature page hereto, or to such other address, electronic mail address or facsimile number as the Stockholder may hereafter specify in writing to Sellas.

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: This amendment and restatement supersedes and replaces all prior plan documents governing the Plan. If any conflict between this document and any other document related to or associated with this Plan should arise, the terms and conditions of this document shall control.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in addition to being of the minimum required age to use our services under applicable law , if you are not old enough to have authority to agree to our terms in your country , your parent or guardian must agree to our terms on your behalf .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: an attorney in the circumstances of this case.” Nearly two years after first requesting relief from the Court of Veterans Appeals, Cox once again sought a writ from the court. This time, however, Cox’s request was more modest than the first. Cox sought a writ of mandamus only to compel the Board to issue a final decision on his petition for attorneys’ fees. The court acknowledged that pursuant to the All Writs Act (AWA), 28 U.S.C. § 1651(a) (1994), it had the power to issue a writ of mandamus compelling the Board to issue a final decision. The court determined that such a writ would be justified “in aid of’ the court’s jurisdiction under the AWA because, absent a final decision by the Board, the court lacked jurisdiction under 28 U.S.C. § 7252(a) (1994). See In re Wick, 40 F.3d at 373 (<HOLDING>). However, as before, the court declined to Options: A. holding that a court of veterans appeals decision interpreting 38 usc 8713 overruling the secretarys prior interpretation and remanding back to the board was a final and appealable decision B. holding that a board decision is required to vest the court of veterans appeals with jurisdiction over a claimants appeal C. holding that a claim that is constitutional in name only does not create jurisdiction over an appeal from the veterans court D. recognizing that failure by state to provide the required certification deprives appeals court of jurisdiction over appeal E. holding that where the board did not mail decision in accordance with the provisions of 38 usc 7104e the period within which to appeal to the court of appeals for veterans claims did not commence to run

assistant: The best answer is B. holding that a board decision is required to vest the court of veterans appeals with jurisdiction over a claimants appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Warrant and all rights, obligations and liabilities hereunder shall be governed by, and construed in accordance with, the internal laws of the State of Minnesota, without giving effect to the conflicts-of-law principles thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All documents, records, data, apparatus, equipment and other physical property, whether or not pertaining to Confidential Information, which are furnished to the Covered Executive by the Company or are produced by the Covered Executive in connection with the Covered Executive’s employment will be and remain the sole property of the Company. The Covered Executive will return to the Company all such materials and property as and when requested by the Company. In any event, the Covered Executive will return all such materials and property immediately upon termination of the Covered Executive’s employment for any reason. The Covered Executive will not retain with the Covered Executive any such material or property or any copies thereof after such termination.

assistant: Records
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 compensation claim to a conclusion on the merits, may file an action against an employer for that workplace injury under these circumstances if the employer’s conduct is to the level of intentional conduct substantially certain to result in injury for which workers’ compensation immunity is not available. Jones, 932 So.2d at 1105 (emphasis added). Vallejos improperly relies on Jones because Jones dealt with waiving the right to pursue an action under an intentional tort theory. All Jones means for Vallejos is that he can still pursue a civil action based upon an exception to the exclusivity of the workers’ compensation statute because none of those claims were litigated in the workers’ compensation case. See Petro Stopping Ctrs., L.P. v. Gall, 23 So.3d 849, 852 (Fla. 5th DCA 2009) (<HOLDING>); Vasquez, 962 So.2d at 413-14 (emphasis added) Options: A. holding that the plaintiffs lawsuit which was filed despite a general release in the parties settlement agreement constituted a material breach of the settlement agreement B. holding that a settlement agreement is not a court order and therefore a violation of the settlement agreement would not subject a party to contempt C. holding that gall waived her right to sue for an intentional tort because her mediated settlement was a conclusion on the merits due to the fact that the settlement agreement provided that petro accepted gall as permanently and totally disabled D. holding that because the alleged settlement was never approved by the court under rule 9019 the settlement agreement was unenforceable E. holding that trial court did not err by refusing to enforce mediated settlement agreement that contained an illegal provision

assistant: The best answer is C. holding that gall waived her right to sue for an intentional tort because her mediated settlement was a conclusion on the merits due to the fact that the settlement agreement provided that petro accepted gall as permanently and totally disabled
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 358 U.S. 332 79 S.Ct. 353 3 L.Ed.2d 345 HERRMANN, Trustee, petitioner,v.ROGERS, Attorney General of the United States. No. 572. Supreme Court of the United States January 26, 1959 Messrs. Burton K. Wheeler and Robert G. Seaks, for petitioner. Solicitor General Rankin, Assistant Attorney General Townsend, Messrs. George B. Searls and Irwin A. Seibel, for respondent. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. PER CURIAM. 1 The petition for writ of certiorari is granted. The judgment of the Court of Appeals is vacated, and the cause is remanded to it, to consider whether, under the law of property of Idaho, it was possible, after the time of the making of the conveyance, for any person other than the named beneficiaries of the trust to acquire a property interest in it (other than through a named beneficiary), and, in the light of its determination as to this, to reconsider its holding that respondent was entitled to all the trust funds remaining in the hands of the trustee.

assistant: 9
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: Amendments of 1991, Pub.L. No. 102-232, § 306(a)(10)„ 105 Stat. 1733, 1751 (1991). This technical change is of no significance to the issues presented here either in its text or its effective date — Congress directed that this technical amendment "shall take effect as if included in the enactment of the Immigration Act of 1990." § 310, 105 Stat. at 1759. 2 . As will be discussed in more detail, the original 1988 definition of "aggravated felony” has twice been expanded by amendment to include additional crimes, but the definition has continuously included drug trafficking crimes such as those of which petitioner has been convicted. Petitioner does not contest this fact. 3 . In its decision here, the BIA relied in part on its prior decisions in Matter of A-A-, Int. Dec. 3176 (BIA 1992) (<HOLDING>), and Matter of Gomez-Giraldo, Int. Dec. 3242 Options: A. recognizing that 1996 amendment to definition of aggravated felony applies retroactively B. recognizing that 1996 amendment specifically applies regardless of date of prior conviction constituting aggravated felony C. holding that 212c applies to all applications for relief filed after november 29 1990 regardless of when conviction occurred for offenses within the original definition of aggravated felony D. holding that the expanded definition of aggravated felony applies retroactively in actions taken on or after september 30 1996 E. holding that being deported after a conviction for an aggravated felony is all that is required and it is irrelevant whether the conviction is valid at the time of sentencing

assistant: The best answer is C. holding that 212c applies to all applications for relief filed after november 29 1990 regardless of when conviction occurred for offenses within the original definition of aggravated felony
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we may change or otherwise modify the agreement in the future in accordance with the terms and conditions herein , and you understand and agree that your continued access or use of this website after such change signifies your acceptance of the updated or modified agreement .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 7.9 you further understand and acknowledge that in using the service , you may be exposed to content that is factually inaccurate , offensive , indecent , or otherwise objectionable to you .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Issuer will not access, use or withdraw the proceeds of the Notes until such time as (i) the Lien on, and security interest in, all right, title and interest of the Issuer in the Collateral (other than the Litigation Proceeds and the Pledged Deposit Accounts), as security for the Secured Obligations, has been perfected and constitutes and creates a fully perfected Lien; (ii) an Opinion of Counsel has been delivered to the Indenture Trustee that the Security Documents (other than the Account Control Agreement) are valid and enforceable against the Issuer and constitute and create a fully perfected Lien on, and security interest in, all right, title and interest of the Issuer in the Collateral (other than the Litigation Proceeds and the Pledged Deposit Accounts), as security for the Secured Obligations; and (iii) the Issuer has complied with its other obligations under Section 4.11 of the Indenture (other than with respect to the Account Control Agreement).

assistant: Use Of Proceeds