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: emphasizes that “[n]o particular set of detailed rules for counsel’s conduct” is appropriate, but rather that courts must consider “whether counsel’s assistance was reasonable considering all the circumstances.” 466 U.S. at 688-89, 104 S.Ct. 2052. The state court could reasonably conclude that counsel’s duty to consult regarding whether petitioner should file an appeal does not arise until the petitioner indicates an interest in appealing. This is all the more true where, as here, the petitioner’s plea of guilty limits the scope of issues available for appeal, and the only grounds he expressed to his lawyer for dissatisfaction depend on his unsupported allegation that the trial judge might have been prejudiced against him. See Garrett v. State, 320 S.C. 353, 465 S.E.2d 349, 350 (1995) (<HOLDING>). The state PCR court’s decision that Frazer’s Options: A. holding there is no unfair prejudice when the prior act is no more sensational or disturbing than the evidence admitted directly supporting the crimes with which the defendant was charged B. holding that if evidence is improperly admitted but other evidence establishes essentially the same facts there is no prejudice to the accused and no reversible error C. holding that a sentence is not excessive if it is within statutory limitations and there are no facts supporting an allegation of prejudice against the defendant D. holding that an assertion of prejudice is not a showing of prejudice E. holding that it is not

assistant: The best answer is C. holding that a sentence is not excessive if it is within statutory limitations and there are no facts supporting an allegation of prejudice against the defendant
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company is a corporation duly organized, validly existing and in good standing under the Laws of the State of Delaware and has all requisite corporate power and corporate authority necessary to carry on its business as it is now being conducted except (other than with respect to the Company’s due organization and valid existence) as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. The Company is duly licensed or qualified to do business and is in good standing (where such concept is recognized under applicable Law) in each jurisdiction in which the nature of the business conducted by it or the character or location of the properties and assets owned or leased by it makes such licensing, qualification or good standing necessary, except where the failure to be so licensed, qualified or in good standing, individually or in the aggregate, has not had and would not reasonably be expected to have a Material Adverse Effect. True and complete copies of the Company Charter Documents (as amended to the date hereof) are included in the Filed SEC Documents.

assistant: Organizations
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 same crime, under Blockburger there is a presumption that multiple punishments can be assessed. Aguiar-Corona, 508 N.W.2d at 701. The trial court did not violate double jeopardy principles in submitting these two offenses to the jury, nor did it err when it invoked a punishment for each offense. Douglas’s claim of ineffective assistance of counsel is without merit. Douglas argues Iowa Code section 708.2A(2)(e) (domestic abuse assault) demonstrates a clear legislative intent not to allow multiple punishments for a domestic abuse assault and a more serious offense such as attempted murder. This section limits its application if the sections relating to terrorism (section 708.6) or going armed with intent (section 708.8) apply. This statutory exclusion does not include attempted mu (<HOLDING>). 3 . Moreover, judicial participation in a Options: A. holding abuse of discretion is established if district court decision was based on an error of law B. holding it was not an abuse of discretion to exclude testimony C. holding that the judges restriction of the class was not an abuse of discretion D. holding judges statement at bond review hearing that defendant was obviously guilty of something was based on minutes of testimony and although illadvised did not constitute an abuse of discretion E. holding the immigration judges denial of a continuance request did not constitute an abuse of discretion

assistant: The best answer is D. holding judges statement at bond review hearing that defendant was obviously guilty of something was based on minutes of testimony and although illadvised did not constitute an abuse of discretion
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 approved Form 1-130 visa petition did not confer legal status on Marilyn. See Agyeman v. INS, 296 F.3d 871, 879 (9th Cir.2002). The BIA properly affirmed the IJ’s denial of Marilyn’s application for adjustment of status because she is not eligible for an immigrant visa, a prerequisite to adjustment. See 8 U.S.C. § 1255(a). Marilyn is not eligible for the visa as the spouse of a U.S. citizen because Ariel has been denaturalized. Marilyn is also unable to adjust status as the spouse of “an alien lawfully admitted for permanent residence” because Ariel was never “lawfully admitted for permanent residence.” 8 U.S.C. 1153(a)(2). Ariel was married at the time of his admission, and was therefore ineligible for the status he was accorded. See Monet v. INS, 791 F.2d 752, 754 (9th Cir.1986) (<HOLDING>). Substantial evidence supports the BIA’s Options: A. holding that adjustment of status was permitted even if deportable alien had entered the country as a lawful permanent resident B. holding that where a temporary order is later made permanent the permanent order may be challenged C. holding that an alien who procured permanent resident status byconcealing his ineligibility had not been lawfully admitted for permanent residence D. holding that aliens who as minor children lived with permanent resident parents before independently attaining permanent resident status may count that period toward section 212cs sevenyear domicile requirement E. holding that an alien is only lawfully admitted for permanent residence for purposes of the ina if his or her adjustment to lawful permanent resident complied with substantive legal requirements and that because the alien failed to show that she had complied with the relevant substantive legal requirements the ij correctly determined that she had not been lawfully admitted for permanent residence and was not entitled to 212c relief

assistant: The best answer is C. holding that an alien who procured permanent resident status byconcealing his ineligibility had not been lawfully admitted for permanent residence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, the Borrower, the L/C Issuer or the Administrative Agent, sell participations to any Person (other than a natural Person, a Defaulting Lender, an Ineligible Assignee or the Borrower or any of the Borrower’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Revolving Commitment and/or the Loans (including such Lender’s participations in L/C Obligations) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrower, the Administrative Agent, the other Lenders and the L/C Issuer shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 11.04(c) without regard to the existence of any participation.

assistant: Participations
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 insurer to defend when there may be no ultimate duty to indemnify. This is true because the duty to defend is broader than the duty to indemnify. We are satisfied that the interests of justice and the conservation of scarce judicial resources support the course we have chosen.” Merrimack Mut. Fire Ins. Co. v. Brennan, 534 A.2d 353, 354 (Me.1987) (citation omitted). We therefore conclude that the hardship to the insurer is outweighed by the competing interests of preventing duplicative litigation and sparing insureds the costs of defending a collateral action brought by the insurer to determine its obligations under the insurance contract before the nat parties’ stipulation of fact to determine duties to defend and indemnify); cf. Bowen v. Hanover Ins. Co., 599 A.2d 1150 (Me.1991) (<HOLDING>). In Dolley, the insurer filed its declaratory Options: A. holding despite a reservation of rights that when the insurer provides a defense to its insured the insured has no right to interfere with the insurers control of the defense and a stipulated judgment between the insured and the injured claimant without the consent of the insurer is ineffective to impose liability upon the insurer B. holding that the parties stipulation of dismissal with prejudice was a final judgment C. holding that insurer had no duly to indemnify insured in view of the parties stipulation of fact D. holding that under new york law for an insurer to have no duty to defend the court must find as a matter of law that based on the pleadings there was no possible factual or legal basis on which the insurer might eventually be held obligated to indemnify the insured E. holding that where all necessary parties including the insurer the insured and the third party claimant had stipulated to the material facts in the dispute a declaratory judgment action on the insurers duty to indemnify could proceed

assistant: The best answer is C. holding that insurer had no duly to indemnify insured in view of the parties stipulation of fact
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: all spotify trademarks , service marks , trade names , logos , domain names , and any other features of the spotify brand ( `` spotify brand features '' ) are the sole property of spotify or its licensors .

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: Except as otherwise contemplated herein, this Letter (including Exhibits A and B ) contains the entire agreement between you and the Company with respect to the subject matter hereof. No amendment, modification or termination of this Letter may be made orally, but must be made in writing and signed by you and the Company. Unless otherwise provided herein, in the event of any inconsistency between this Letter (including Exhibits A and B ) and any plan, program, practice, personnel policy or procedure, employee handbook, or agreement of or with the Company and you, this Letter (including Exhibits A and B ) shall control.

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: Each Loan Party will, and will cause each of the other Loan Parties to, at any time upon the reasonable request of Agent, in writing, execute or deliver to Agent any and all financing statements, security agreements, pledges, assignments, opinions of counsel, and all other documents (the “ Additional Documents ”) that Agent may reasonably request in form and substance reasonably satisfactory to Agent, to create, perfect, and continue perfected or to better perfect Agent’s Liens in all of the assets of each of the Loan Parties (whether now owned or hereafter arising or acquired, tangible or intangible), and in order to fully consummate all of the transactions contemplated hereby and under the other Loan Documents. To the maximum extent permitted by applicable law, if any Borrower or any other Loan Party refuses or fails to execute or deliver any reasonably requested Additional Documents within a reasonable period of time not to exceed 10 days following the request to do so, each Borrower and each other Loan Party hereby authorizes Agent to execute any such Additional Documents in the applicable Loan Party’s name and authorizes Agent to file such executed Additional Documents in any appropriate filing office. In furtherance of, and not in limitation of, the foregoing, each Loan Party shall take such actions as Agent may reasonably request, in writing, from time to time to ensure that the Obligations are guaranteed by the Guarantors and are secured by substantially all of the assets of the Loan Parties, including all of the outstanding capital Equity Interests of each Borrower and its Subsidiaries (in each case, other than with respect to any assets consisting of Excluded Collateral) pursuant to Section 3 of the Guaranty and Security Agreement).

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: Notices and communications under this Agreement must be in writing and either personally delivered or sent by registered or certified United States mail, return receipt requested, postage prepaid. Notices to the Company must be addressed to The Wendy’s Company, One Dave Thomas Boulevard, Dublin, Ohio 43017, Attention: Corporate Secretary, or any other address designated by the Company in a written notice to the Participant. Notices to the Participant will be directed to the address of the Participant then currently on file with the Company, or at any other address given by the Participant in a written notice to the Company.

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 case excerpt and choose the best holding from the options. Case excerpt: immunity from a civil suit for damages, a court must first determine whether a prosecutor has performed a quasi-judicial function. Imbler, 424 U.S. at 430, 96 S.Ct. 984. If the action was part of the judicial process, the prosecutor is entitled to the protection of absolute immunity whether or not he or she violated the civil plaintiffs constitutional rights. See Scheuer v. Rhodes, 416 U.S. 232, 242, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (“Implicit in the idea that officials have some immunity — absolute or qualified — for their acts, is a recognition that they may err. The concept of immunity assumes this and goes on to assume that it is better to risk some error and possible injury from such error than not to decide or act at all.”); see also Kalina, 522 U.S. at 129, 118 S.Ct. 502 (<HOLDING>); Imbler, 424 U.S. at 431, 96 S.Ct. 984 Options: A. holding that challenges to an arrest warrant are not jurisdictional B. holding that a police officer who secures an arrest warrant without probable cause cannot assert an absolute immunity defense C. holding that a prosecutors preparation and filing of an information and a motion for an arrest warrant are protected by absolute immunity D. holding that a prosecutors filing of an arrest warrant and charging documents are protected by absolute immunity E. holding that prosecutors have absolute immunity

assistant: The best answer is C. holding that a prosecutors preparation and filing of an information and a motion for an arrest warrant are protected by absolute immunity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by the First Amendment, but whether the First Amendment immunizes Kendall from criminal punishment for the contents of the July 7, 2009 Opinion. First, we emphasize that this case does not involve a situation where a judge has made inflammatory statements while acting in his capacity as a private citizen. Had Kendall published the exact same statements in a newspaper, made them on a television show, or otherwise uttered them outside of his judicial capacity, there is absolutely no question that they would be entitled to the highest level of First Amendment protection, and the People would have been required to prove an actual obstruction to the administration of justice in order to obtain a conviction on count one. See, e.g., Scott v. Flowers, 910 F.2d 201, 211 (5th Cir. 1990) (<HOLDING>); Mississippi Comm’n on Judicial Performance v. Options: A. holding county clerk sued in official capacity was entitled to the immunity the county enjoyed B. recognizing county officers as those whose general authority and jurisdiction are confined within the limits of the county in which they are appointed who are appointed in and for a particular county and whose duties apply only to that county and through whom the county performs its usual political functions C. holding that the county attorney had de facto authority and noting that the objection to the county attorneys authority was first made on appeal D. holding that suit against county sheriff in his official capacity was suit against county E. holding judges open letter to county officials attacking county court and district attorneys office was made in capacity as private citizen and thus protected under first amendment

assistant: The best answer is E. holding judges open letter to county officials attacking county court and district attorneys office was made in capacity as private citizen and thus protected under first 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: P. King ed., 15th ed. rev.1999). 14 . See Merriam-Webster’s Collegiate Dictionary (10th ed.1998) (synonym of "fraudulent” is "deceitful”); Black's Law Dictionary (5th ed. 1979) ("To act with 'intent to defraud' means to act willfully, and with the specific intent to deceive or cheat.”).. 15 . See also Lindholm, 24 F.3d at 1083-84 (criminal statute § 152 applies even if false statements do not affect the outcome of the bankruptcy proceedings); United States v. Yagow, 953 F.2d 427, 432-33 (8th Cir.) (citing cases and holding that debtor’s sworn statement attesting to his lack of employment, aimed at securing in forma pauperis status before the tribunal, is material), cert. denied, 506 U.S. 833, 113 S.Ct. 103, 121 L.Ed.2d 62 (1992); In re Robinson, 506 F.2d 1184, 1188—89 (2d Cir.1974) (<HOLDING>); cf. United States v. Grant, 971 F.2d 799, Options: A. holding that the fca includes a materiality requirement B. holding that 18 usc 1014 has no materiality requirement because the statute does not so much as mention materiality C. holding that materiality does not require a showing that the creditors were prejudiced by the false statement D. holding that materiality is an element of false statement prosecutions which must be submitted to the jury E. holding that materiality is not an element of 1542 because any false statement is sufficient

assistant: The best answer is C. holding that materiality does not require a showing that the creditors were prejudiced by the false statement
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: no support to Plaintiffs’ contention that this right to engage in a romantic relationship disconnected from familial relationships is “necessarily implicit” in those privacy rights protected by the Constitution. Plaintiffs’ additional citations similarly fail to convince the Court that Plaintiffs’ asserted right should be recognized as a right at all, let alone a fundamental one. Plaintiffs cite cases from the Sixth and Seventh circuits finding that the Constitution protects some non-marital romantic relationships. See Christensen v. County of Boone, II, 483 F.3d 454, 463-65 (7th Cir.2007) (finding, in light of Lawrence, a protected intimate association where an unmarried couple had developed a long-tern relationship); Anderson v. City of LaVergne, 371 F.3d 879, 882 (6th Cir.2004) (<HOLDING>). However, as Isenbart noted when acknowledging Options: A. holding that the plaintiffs entered into an intimate association where the individuals lived together at some point were romantically and sexually involved and anderson was monogamous in the relationship B. holding that cooperation agreement defendant entered into with the government did not include defendants testifying at trial where there was no meeting of the minds as to that point C. recognizing the same point D. holding that agreement had been reached where the plaintiff had proposed terms for providing his services to the defendant and the parties then entered into a business relationship despite defendants claim it never agreed to the plaintiffs proposed salary terms for that relationship E. holding that where a statutes definition of intimate relationship was silent on whether a sexual relationship was required and some of the examples included in the definition implied a sexual relationship but some did not it was ambiguous and the court was required to look beyond its text to resolve that ambiguity

assistant: The best answer is A. holding that the plaintiffs entered into an intimate association where the individuals lived together at some point were romantically and sexually involved and anderson was monogamous in the relationship
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: scope of the Texas Rules of Civil Procedure.” The order at issue requires Exmark to “identify each ... tangible item responsive to each Request for Production or by general categories of documents.” According to Exmark, the order compels it to “organize its production in a manner more restrictive than the rules allow” because it eliminated its ability to produce documents and tangible things as they are kept in the normal course of business. Under Texas Rule of Civil Procedure 196.3(c), “the responding party must either produce documents and tangible things as they are kept in the usual course of business or organize and label them to correspond with the categories in the request.” Tex.R. Civ. P. 196.3(c); see In re Colonial Pipeline, 968 S.W.2d 938, 942 (Tex.1998) (orig. proceeding) (<HOLDING>). Contrary to Exmark’s argument, the rules Options: A. holding that section 231241f does not address the taxable situs of heavy equipment inventory B. holding that a violation of 6103 does not require the application of the exclusionary rule C. recognizing this rule D. holding that this court does not necessarily require the claim to be specifically raised in an eeoc charge provided that it satisfies this scopeofinvestigation test E. holding that this rule does not require the creation of an inventory of documents to be produced

assistant: The best answer is E. holding that this rule does not require the creation of an inventory of documents to be produced
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: if you do not have a printer , you can copy the text and the underlying agreement ( s ) and paste them into a new document in a word processor or a text editor on your computer and save the text .

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: are conditioned on compliance with the court’s order, whereas an unconditional penalty is considered criminal contempt because it is solely and exclusively punitive in nature. Id. In the present case, the contempt imposed was criminal because the function of the sanctions imposed was to punish Jackson for disobedience of the trial court’s order. Namely, the trial court sought to punish Jackson because she violated the order prohibiting her from accumulating junk, clutter, and debris on her property. Furthermore, the punishment imposed, the ninety days imprisonment, was unconditional in that Jackson did not have an opportunity to purge herself of the sanctions if she complied with the court order. Thus, the trial court viewed the sanctions as criminal rather than civil. See id. (<HOLDING>). The distinction between civil and criminal Options: A. holding that a contempt order labeled by the district court as civil was actually a criminal contempt because the order was retroactive seeking to penalize previous violations and was punitive serving no compensatory purpose B. holding discretion of district court for sentencing is explicitly limited in this case by the statute which provides that life imprisonment may be imposed only if death results from the defendants actions and if the jury directs the imposition of the sentence C. holding a sentence of imprisonment is considered punitive and therefore criminal contempt if it is limited to a definite period D. holding that a civil contempt defendant has a right to a jury trial when the act of contempt was not committed in the presence of the court and when the incarceration is in part punitive E. holding a sentence is not limited to period of incarceration

assistant: The best answer is C. holding a sentence of imprisonment is considered punitive and therefore criminal contempt if it is limited to a definite period
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If there is any change in the number or kind of shares of Company Stock outstanding by reason of (i) a stock dividend, spinoff, recapitalization, stock split, or combination or exchange of shares; (ii) a merger, reorganization or consolidation; (iii) a reclassification or change in par value; or (iv) any other extraordinary or unusual event affecting the outstanding Company Stock as a class without the Company’s receipt of consideration, or if the value of outstanding shares of Company Stock is substantially reduced as a result of a spinoff or the Company’s payment of an extraordinary dividend or distribution, the maximum number of shares of Company Stock available for issuance under the Plan, the maximum number of shares of Company Stock for which any individual may receive Grants in any year as set forth in subsection (c) above, the kind and number of shares covered by outstanding Grants, the kind and number of shares issued and to be issued under the Plan, and the price per share or the applicable market value of outstanding Grants shall be equitably adjusted by the Committee to reflect any increase or decrease in the number of, or change in the kind or value of, the issued shares of Company Stock to preclude, to the extent practicable, the enlargement or dilution of rights and benefits under the Plan and such outstanding Grants; provided, however, that any fractional shares resulting from such adjustment shall be eliminated. In addition, in the event of a Change of Control of the Company, the provisions of Section 16 of the Plan shall apply. Any adjustments to outstanding Grants shall be consistent with section 409A or 424 of the Code, to the extent applicable. Any adjustments determined by the Committee shall be final, binding and conclusive.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Chase Manhattan Mortg. Corp., 208 Ariz. 478, 95 P.3d 542, 544 (Ct.App.2004) (granting subro-gation, ignoring the alleged negligence of the subrogee and instead focusing on the lack of prejudice to the intervening lien holder, and holding constructive notice is not an element of’equitable subrogation under Arizona law); Houston v. Bank of America Fed. Sav. Bank, 119 Nev. 485, 78 P.3d 71, 73 (2003) (granting subrogation, finding no evidence the intervening lien holder would be prejudiced since it remained in the same position, and adopting the Restatement approach in finding the sub-rogee’s constructive and/or actual knowledge of the intervening lien irrelevant); Suntrust Bank v. Riverside Nat. Bank of Florida, 792 So.2d 1222 (Fla.App.2001), review denied 821 So.2d 300, (Fla.2002) Options: A. holding extension of senior mortgage resulted in loss of priority because intervening mortgagee had agreed to be subordinated on the assumption the senior mortgage would be fully satisfied on the initial due date B. holding that where a mortgagee is acting on behalf of the note holder there is no disconnection between note and mortgage and the mortgagee may foreclose C. holding equitable subrogation is to be granted to prevent unjust enrichment even though the party seeking it is negligent as long as there was no prejudice to the other party ie if the refinancing mortgagee could establish the intervening mortgagee would be no worse off than if the original first mortgage had not been satisfied D. holding in a dispute between first and second mortgagee regarding entitlement to insurance proceeds that because both mortgages required the mortgagor to maintain insurance on the property both mortgagees had a claim to the proceeds and that the first mortgagee was entitled to recover a portion of the proceeds to the extent of the insured amount with the second mortgagee to recover the remainder E. holding that in a case in which an omitted junior mortgagee foreclosed its mortgage the junior mortgagee had the absolute right to redeem from the senior mortgagee who had purchased the property at a sale following foreclosure of the senior mortgage

assistant: The best answer is C. holding equitable subrogation is to be granted to prevent unjust enrichment even though the party seeking it is negligent as long as there was no prejudice to the other party ie if the refinancing mortgagee could establish the intervening mortgagee would be no worse off than if the original first mortgage had not been satisfied
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: it so as to cause water to pool and form ice; and (4) failing to give notice of the hazardous icy walkway. Lloyd died (from unrelated causes) during the pendency of these proceedings, and the district court substituted Lloyd’s estate. The parties tried the case to a jury, which found the city was not at fault. The district court overruled Hoskinson’s motion for new trial. II. The issues. The plaintiffs contend the district court erred in concluding that the walkway in question is not a “sidewalk” under Iowa Code section 364.12(2)(b) (Supp.1995). They also contend the district court erred in instructing the jury on municipal immunity under Iowa Code section 668.10. III. Scope of Review. The manner in which we review a denial of a motion for new trial dep , 106 A. 203, 203, 204 (1919) (<HOLDING>); Blackburn v. Dillon, 189 Tenn. 240, 241, 225 Options: A. holding that in a city or town a sidewalk is that part of a street or highway that is intended or used by pedestrians B. holding that sidewalk is that part of a street that has been set aside for use by pedestrians C. holding the term sidewalk denotes that portion of the highway that is set apart by dedication ordinance or otherwise for the use of pedestrians D. holding that sidewalk is used to designate a portion of highway that has been set aside for pedestrians as distinguished from that which is used by vehicles E. holding that sidewalk is simply a part of the street set apart for pedestrians

assistant: The best answer is D. holding that sidewalk is used to designate a portion of highway that has been set aside for pedestrians as distinguished from that which is used by vehicles
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 a dispute involving $ 75,000 usd or less , skype will promptly reimburse your filing fees and pay the aaa 's and arbitrator 's fees .

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 parties acknowledge that each party and its counsel have reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits thereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: At Administrative Agent’s reasonable request, Borrower and the other Loan Parties shall promptly execute any other document to evidence or further the intent of Borrower, the other Loan Parties, Administrative Agent and the Lenders set forth herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: family service plan requires, among other things, that appellant submit to random drug tests, complete a parenting class, complete individual counseling with a CPS-approved therapist, maintain contact with Vega at least twice a month, engage in a psycho-social evaluation through the McCullough Center located in San Antonio, attend weekly NA/AA meetings, obtain and maintain employment and stable and appropriate housing, and complete a Midcoast drug assessment. Implementation of a family service plan by the Department is considered a reasonable effort to return a child to its parent if the parent has been given a reasonable opportunity to comply with the terms of the plan. See M.C. v. Tex. Dep’t of Family & Protective Servs., 300 S.W.3d 305, 310-11 (Tex. App.-El Paso 2009, pet. denied) (<HOLDING>); In the Int. of M.R.J.M., 280 S.W.3d at 505 Options: A. holding that one who is named in documents as plan administrator signs documents as plan administrator and assumes discretionary authority in the administration of the pension plan is a fiduciary B. holding that making intentional representations about the future of plan benefits may be an act of plan administration C. holding that where a governmental entity purchases a benefit plan on behalf of government employees and dele gates the administration to a private insurer the plan is a government plan exempt from erisa D. holding that the human services department failed to make reasonable efforts and acted in bad faith when it disregarded the mothers efforts and rejected a favorable home study E. holding preparation and administration of service plan showed that department made reasonable efforts at reunification

assistant: The best answer is E. holding preparation and administration of service plan showed that department made reasonable efforts at reunification
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: (5th Cir.1999) (in affirming summary judgment, we noted that the plaintiff "refused to take his seizure medication on 28 occasions” and had "no complaints”). 26 . See Bazan v. Hidalgo County, 246 F.3d 481, 490 (5th. Cir.2001) ("We have jurisdiction for this interlocutory appeal if it challenges the materiality of factual issues, but lack jurisdiction if it challenges the district court's genuineness ruling — that genuine issues exist concerning material facts”.) (emphasis in original); see also Reyes v. City of Richmond, 287 F.3d 346, 351 (5th Cir.2002) (explaining a "challenge [to] the genuineness, rather than the materiality, of the factual disputes ... is not reviewable by interlocutory appeal”); see also Lemoine v. New Horizons Ranch & Center, Inc., 174 F.3d 629, 634 (5th Cir.1999) (<HOLDING>). 27 . "The plaintiff bears the burden of Options: A. holding that requests for admissions that seek to render undisputed the disputed material facts of a case are per se impermissible B. holding that dismissal on res judicata grounds is proper under rule 12b6 unless a disputed issue of material fact exists C. holding that jurisdiction exists for determining if disputed facts are material D. holding that contract debts even if disputed are considered liquidated and tort claims are not E. holding that trial courts resolution of disputed facts are conclusive on appeal when supported by substantial evidence

assistant: The best answer is C. holding that jurisdiction exists for determining if disputed facts are material
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: file additional motions, he may move for extensions of time when necessary. IT IS SO ORDERED. 1 . The Supreme Court has granted certiorari sub nom United States v. Ursery, — U.S. -, 116 S.Ct. 762, 133 L.Ed.2d 707 (1996). 2 . Chevron’s three-factor analysis still applies when a court announces a new rule but does not apply it to the litigants before it. Holt v. Shalala, 35 F.3d 376, 380 n. 3 (9th Cir.1994). 3 . Dowell ultimately refused to grant relief because the movant had not appealed the judgment in question. He had essentially waived his right to relief. 4 . In re Pacific Far East Lines, Inc., 889 F.2d 242, 249 (9th Cir.1989), followed this rule in the bankruptcy context, holding that a clarification of the law may, in conjunction with other c . 1892, 104 L.Ed.2d 487 (1989) (<HOLDING>). Two cases have found that the 1989 case, Options: A. holding the double jeopardy clause applicable to the states through the due process clause of the fourteenth amendment B. holding double jeopardy clause applicable to civil penalties under the false claims act C. holding that unlike under the federal constitution a civil forfeiture is punishment under the new mexico double jeopardy clause D. holding that the double jeopardy clause prohibits courts from imposing greater penalties than the legislature intended E. holding that double jeopardy clause did not apply to forfeiture proceeding before the court

assistant: The best answer is B. holding double jeopardy clause applicable to civil penalties under the false claims act
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in the Plan or herein, this Agreement shall be construed and enforced according to the laws of the State of North Carolina, without regard to the conflict of laws provisions of any state, and in accordance with applicable federal laws of the United States.

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: government had no obligation to prove that the defendant had such knowledge. Id. at 189, 194, 118 S.Ct. 1939. Rather, the term “willfully” in that context required the government to prove only that the defendant “knew that his conduct was unlawful.” Id. at 195, 118 S.Ct. 1939. In light of these precedents, we conclude there is no basis for requiring the government to prove that a person charged with violating IEE-PA and the ITR was aware of a specific licensing requirement. While the prohibitions imposed by IEEPA and the ITR are for conduct that is not “obviously illegal,” see Henderson, 243 F.3d at 1173, the “danger of ensnaring individuals engaged in apparently innocent conduct,” Bryan, 524 U.S. at 194, 118 S.Ct. 1939, is no greater under IEEPA than under the st 57, 61 (D.D.C.2005) (<HOLDING>). Applying these principles to the Options: A. holding that proof of relevant market is essential under 2 B. holding that exemption under the ada does not preclude liability under the rehabilitation act C. holding that under bryan proof of willfulness under 1705c of ieepa does not require knowledge of the licensing requirements under the itr D. holding that the clear and convincing evidence standard of proof applicable in fraud actions does not apply to the proof of misrepresentations under ors 743612 E. holding that a conviction under section 2422b does not require the involvement of a minor

assistant: The best answer is C. holding that under bryan proof of willfulness under 1705c of ieepa does not require knowledge of the licensing requirements under the itr
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 state-law breach-of-contract claim for NCB’s failure to perform its non-fiduciary duties under the plan. PONI correctly contends that an entity may serve both in a fiduciary and non-fiduciary capacity, because fiduciary status under ERISA turns on function rather than form. Pegram v. Herdrich, 530 U.S. 211, 225-26, 120 S.Ct. 2143, 147 L.Ed.2d 164 (2000). Indeed, where the alleged conduct by the fiduciary is “entirely unrelated to and outside the scope of [the fiduciary’s] duties under the plan or in carrying out the terms of the plan,” courts have found that ERISA’s core objectives are not implicated and state-law claims may proceed. Darcangelo v. Verizon Communications, Inc., 292 F.3d 181, 193 (4th Cir.2002); see also Dishman v. UNUM Life Ins. Co., 269 F.3d 974, 984 (9th Cir.2001) (<HOLDING>). In this case, however, because the contract Options: A. holding that erisa does not preempt the plaintiffs claim that the erisa plan administrator is liable for medical malpractice where the plaintiff premised the claim solely on state law and did not invoke the erisa plan B. holding that an erisa violation accrued each time faulty investment contracts were renewed because erisa fiduciaries had a continuing duty to review plan investments C. holding that where a governmental entity purchases a benefit plan on behalf of government employees and dele gates the administration to a private insurer the plan is a government plan exempt from erisa D. holding that erisa does not provide fiduciaries with blanket immunity from garden variety torts which only peripherally impact daily plan administration E. holding that directors and officers are fiduciaries

assistant: The best answer is D. holding that erisa does not provide fiduciaries with blanket immunity from garden variety torts which only peripherally impact daily plan administration
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 used in this Agreement, the term “ Confidential Information ” includes all information furnished by or on behalf of Catalent or Client, their respective Affiliates or any of its or their respective Representatives (the “ Discloser ”), to the other party (the “ Recipient ”), its Affiliates or any of its or their respective Representatives, whether furnished before, on or after the Effective Date and furnished in any form, including written, verbal, visual, electronic or in any other media or manner and information acquired by observation or otherwise during any site visit at the other party’s facility. Confidential Information includes all proprietary technologies, know-how, trade secrets, discoveries, inventions and any other intellectual property (whether or not patented), analyses, data, regulatory submission Information, compilations, business or technical information, strategies, or plan, samples, and other materials prepared or possessed by either party, their respective Affiliates, or any of its or their respective Representatives, containing or based in whole or in part on any information furnished by the Discloser, its Affiliates or any of its or their respective Representatives. Confidential Information also includes the existence of this Agreement and its terms. The manufacturing process parameters which are being provided to Catalent from Client, the Specifications and data resulting from performance of this Agreement by Catalent shall be considered Client’s Confidential Information. Items and information for which ownership has been allocated to Client under the Development Agreement shall be deemed to be the Confidential Information of Client under this Agreement.

assistant: Definitions
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: There is no action, suit, proceeding or investigation pending or, to the Company’s knowledge, currently threatened against the Company. The Company is not a party or subject to the provisions of any order, writ, injunction, judgment or decree of any court or government agency or instrumentality. There is no action, suit, proceeding or investigation by the Company currently pending or that the Company intends to initiate.

assistant: Litigations