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: themselves. We determined that this combination of two words, even reversed as to order, in the context of the product’s package label and intended use as a wipe for computer screens, was sufficient evidence of the fact that the mark “is generic and would be perceived by the purchasing public as merely a common name for its goods rather than a mark identifying the good’s source.” Id. We noted that we had reached similar results in other cases, upholding as generic, for example, TURBODIESEL for diesel engines with exhaust-driven turbine superchargers, see Cummins Engine Co. v. Continental Motors Corp., 53 C.C.P.A. 1167, 359 F.2d 892, 149 USPQ 559 (CCPA 1966), and GASBADGE for a gas exposure monitoring badge, see In re Abcor Dev. Corp., 588 F.2d 811, 816, 200 USPQ 215, 219 (CCPA 1978) (<HOLDING>). We, therefore, held that the PTO can satisfy Options: A. holding that where no evidence was designated to show that a car buyer knew that a sale violated the rights of the dealership that owned the car the buyers were buyers in the ordinary course of business for purposes of indcode 26112019 B. holding that courts must examine the facts surrounding the publication the context in which the statements were made and the nature of the language used C. holding gasbadge generic because evidence of the context in which a mark is used on package labels is probative of the reaction of prospective buyers D. holding limited use of a mark did not constitute prior use in commerce sufficient to establish rights in the mark E. holding that under the probate exception to federal diversity jurisdiction a court must examine the substance of the relief that plaintiffs are seeking and not the labels that they have used

assistant: The best answer is C. holding gasbadge generic because evidence of the context in which a mark is used on package labels is probative of the reaction of prospective buyers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed simultaneously in two or more counterparts, any one of which need not contain the signatures of more than one party, but all such counterparts taken together will constitute one and the same Agreement. This Agreement, to the extent delivered by means of a facsimile machine or electronic mail (any such delivery, an “ Electronic Delivery ”), shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto, each other party hereto shall re execute original forms hereof and deliver them in person to all other parties. No party hereto shall raise the use of Electronic Delivery to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of Electronic Delivery as a defense to the formation of a contract, and each such party forever waives any such defense, except to the extent such defense related to lack of authenticity.

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 case excerpt and choose the best holding from the options. Case excerpt: to credit and what reasonable inferences to draw from that evidence. For example, the panel opinion rejected the reasonable inference that Kotowski’s assailant fled before taking anything of value from the apartment because he heard her upstairs neighbor on the telephone with the police. Instead, the panel held that “no rational juror could conclude that the placement of this phone call frightened him off given the volume and duration of Mrs. Kotowski’s screams.” O’Laughlin III, 568 F.3d at 302. Although it would be entirely permissible for a jury to resist drawing this inference, an appellate court applying the Jackson standard does not have the freedom to pick between competing reasonable inferences in this manner. See, e.g., United States v. Ortiz, 447 F.3d 28, 34 (1st Cir.2006) (<HOLDING>). The panel opinion’s method of analysis Options: A. recognizing that circumstantial evidence alone can be sufficient to demonstrate a defendants guilt B. holding that where the meaning of the jurys verdict was not clear in light of the trial courts jury instructions the court of appeals erred in directing entry of judgment for respondent the case should have been remanded to the trial judge who was in the best position to pass upon the question of a new trial in light of the evidence his charge to the jury and the jurys verdict C. holding that an agreement may be inferred entirely from circumstantial evidence D. holding that in reviewing sufficiency of the evidence claims we view the evidence in the light most favorable to the government and draw all reasonable inferences and credibility choices in favor of the jurys verdict E. recognizing that competing inferences are not enough to disturb the jurys verdict even in a case where the evidence of the defendants guilt was entirely circumstantial

assistant: The best answer is E. recognizing that competing inferences are not enough to disturb the jurys verdict even in a case where the evidence of the defendants guilt was entirely circumstantial
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: Strickland, “judicial scrutiny of counsel’s performance must be highly deferential.” Strickland, 466 U.S. at 689, 104 S.Ct. 2052. Here, Frazer pled guilty, which, as the majority recognizes, at least. waives all “nonjurisdictional defects and defenses, including claims of violation of constitutional rights prior to the plea.” Rivers v. Strickland, 264 S.C. 121, 213 S.E.2d 97, 98 (1975); ante at 709-710. The limited scope of appealable issues of course renders defendants who plead guilty less likely to prevail on appeal and thus presumably less likely to desire an appeal. Moreover, as discussed above, Frazer did not ask his counsel to seek an appeal. In these circumstances, it was not unreasonable for counsel to fail to do so. See Carey v. Leverette, 605 F.2d 745, 746 (4th Cir.1979) (<HOLDING>). Supreme Court precedent specific to the Options: A. holding that there is generally no constitutional requirement that defendants must always be informed of their right to appeal following a guilty plea B. holding that it is well settled that there is no constitutional right to an appeal C. holding criminal defendant does not have constitutional right to have guilty plea accepted by court D. holding failure to advise of right to compel witnesses and plead not guilty are not required by boykin and there is absolutely no requirement that defendant be advised of any other rights in order to be able to enter a valid guilty plea E. holding that there is no constitutional right to appeal a criminal conviction

assistant: The best answer is A. holding that there is generally no constitutional requirement that defendants must always be informed of their right to appeal following a guilty plea
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: other non-Virginia cases offer a compelling basis for adopting the per se rule Allied has proposed. In National City Bank v. Fleming, 2 Ohio App.3d 50, 440 N.E.2d 590, 599 (1981), for instance, the court said: It has long been the law of equity that a person who confers a benefit either directly or indirectly upon another in the course of performance of a contract with a third person is not entitled to compensation ... merely because of the failure of performance by the third party. However, where it appears from all the facts that the conferral of such benefit was the product of fraud, misrepresentation or bad faith by the party accepting and retaining such benefit, equity will imply an obligation to make payment therefor. See Costanzo v. Stewart, 9 Ariz.App. 430, 453 P.2d 526 (1969) (<HOLDING>), (emphasis added) (some citations omitted). Options: A. holding that a hospital could not be an erisa beneficiary B. holding that the thirdparty beneficiary theory did not apply C. holding that a duty may be owed to a beneficiary of a consensual relationship akin to that of a thirdparty beneficiary of a contract where the professional has actual knowledge that the services being provided are in part for the benefit of such third persons D. holding that a contract beneficiary may be liable in restitution where the beneficiary by his conduct induces the conferral of the benefit E. holding change of beneficiary effective where city employee listed a new beneficiary for his group life insurance policy in an employee personal data form next to the words designated beneficiary even though this did not comply with the policy terms

assistant: The best answer is D. holding that a contract beneficiary may be liable in restitution where the beneficiary by his conduct induces the conferral of the benefit
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: Enter into any transaction of any kind with any Affiliate of a Loan Party, whether or not in the ordinary course of business, other than on fair and reasonable terms substantially as favorable to such Loan Party as would be obtainable by such Loan Party at the time in a comparable arm’s length transaction with a Person other than an Affiliate.

assistant: Transactions With Affiliates
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 OF THE COMPANY AND THE WARRANT AGENT ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS WARRANT AGREEMENT OR A WARRANT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE EACH SUCH PERSON HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PERSON MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS WARRANT AGREEMENT OR A WARRANT. EACH OF THE COMPANY AND THE WARRANT AGENT CERTIFIES AND ACKNOWLEDGES THAT (a) NO REPRESENTATIVE, AGENT OR ATTORNEY OF THE OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, (b) SUCH PERSON UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (c) SUCH PERSON MAKES THIS WAIVER VOLUNTARILY, AND (d) SUCH PERSON HAS BEEN INDUCED TO ENTER INTO THIS WARRANT AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

assistant: Waiver Of Jury Trials
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 contract for the supply of any meal you order through us will be between you and the partner restaurant and will only be formed when you have been sent the confirmation email by us .

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 Holder has full power and authority to enter into this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby and has taken all action necessary to authorize the execution and delivery of this Agreement, the performance of its obligations hereunder and the consummation of the transactions contemplated hereby.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings, both oral and written, between the parties hereto with respect to the subject matter of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: issues raised in Olmsted’s appeal. We review de novo the district court’s grant of summary judgment. Swift & Co. v. Elias Farms, Inc., 539 F.3d 849, 851 (8th Cir. 2008). A. Duress Olmsted asserts that the District threatened to file termination charges against him when it had no intention or grounds to do so. Olmsted further asserts that in light of Minnesota law that requires “[a] school board [to] report to the Board of Teaching ... when a teacher or administrator is suspended or resigns while an investigation is pending,” see Minn. Stat. § 122A.20, subd. 2, the District illegally promised not to report him if he resigned. According to Olmsted, this threat and promise placed him under legal duress and comp as a defense to a contract. Bond v. Charlson, 374 N.W.2d 423, 428 (Minn. 1985) (<HOLDING>); see also St. Louis Park, 411 N.W.2d at 291 Options: A. holding that the statute incorporated all the rights and obligations of the contract emphasis added B. holding that an application is pending from the time it is first filed emphasis added C. holding that duress is available as a defense to a contract only when agreement is coerced by physical force or unlawful threats emphasis added citing wise 42 nw2d at 407 D. holding iowa common law touching assault met use of physical force required for enhancement under 18 usc 922g9 be cause any physical contact by necessity requires physical force to complete E. recognizing that an arrest requires either physical force or where physical force is absent submission to the assertion of authority

assistant: The best answer is C. holding that duress is available as a defense to a contract only when agreement is coerced by physical force or unlawful threats emphasis added citing wise 42 nw2d at 407
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: Argentine law, “because [some of] the assets are located in Switzerland, Swiss law may govern certain of the legal issues in the action.” (Russenberger Decl. ¶ 13.) In sum, then, the Court believes that this trial will be difficult regardless of where it takes place, and thus the Gilbert private factors do not weigh strongly in favor of the Defendants. See, e.g., Peregrine, 89 F.3d at 46-47 (denying forum non conveniens motion in part because critical documents were located in New York and witnesses would be forced to travel regardless of where trial took place); Herbstein, 743 F.Supp. at 189 (finding that existence of American defendants, who committed acts of fraud in this country, weighed heavily in favor of maintaining action in United States); see also Maganlal, 942 F.2d at 168-69 (<HOLDING>). Neither do the public interest factors tilt Options: A. holding that forum selection clause providing that any appropriate state or federal district court located in the borough of manhattan new york city new york shall have exclusive jurisdiction was not dispositive but merely one factor to consider in transfer analysis quoting underlying contract B. holding that need to apply foreign law was not dispositive factor especially where key evidence regarding production and condition of goods was located in new york C. holding that a divorce granted at a foreign consulate in new york was not valid for immigration purposes because it did not comply with new york law D. holding that the interstate commerce requirement for a hobbs act violation was met where the defendant robbed a new york grocery store that sold goods purchased in new york but produced outside of new york because the robbery depleted assets that might have been utilized to purchase outofstate goods E. holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york

assistant: The best answer is B. holding that need to apply foreign law was not dispositive factor especially where key evidence regarding production and condition of goods was located in new york
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 place of both mediation and arbitration shall be amsterdam , the netherlands , without prejudice to any rights you may have under article 18 of the brussels i bis regulation ( oj eu 2012 l351/1 ) and/or article 6:236 n of the dutch civil code .

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: filed a motion in the district court that he styled as a Federal Rule of Civil Procedure 60(b) motion. In the motion, Zeedyk sought relief from the district court’s denial of his § 2254 claim that the evidence was insufficient to support the deadly-weapon finding. Zeedyk moves for a COA to appeal the district court’s denial of the purported Rule 60(b) motion. Because Zeedyk’s Rule 60(b) motion challenged the district court’s determination that the deadly-weapon claim in his § 2254 application failed on the merits, the Rule 60(b) motion constituted an unauthorized second or successive § 2254 application. See Gonzalez v. Crosby, 545 U.S. 524, 532 & n.4, 125 S.Ct. 2641, 162 L.Ed.2d 480 (2005); see also Preiser v. Rodriguez, 411 U.S. 475, 487, 500, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973) (<HOLDING>). Thus, the district court lacked jurisdiction Options: A. holding that federal prisoners challenging determination of their future parole eligibility date must bring their suit under habeas corpus theory B. holding that recent cases have established that habeas corpus relief is not limited to immediate release from illegal custody but that the writ is available as well to attack future confinement and obtain future releases C. holding that a writ of habeas corpus is a state prisoners sole federal remedy for challenging the duration of his imprisonment in order to obtain a speedier release in the future D. holding that managing conservator while in texas to seek return of child by writ of habeas corpus may not be served with civil process and is subject to jurisdiction of court in which habeas corpus is pending and only for purpose of prosecuting writ of habeas corpus E. holding that the district court mischaracterized a state prisoners 1983 claim as a petition for writ of habeas corpus because the prisoner did not attack his conviction challenge the fact or length of his confinement or seek immediate release from prison

assistant: The best answer is C. holding that a writ of habeas corpus is a state prisoners sole federal remedy for challenging the duration of his imprisonment in order to obtain a speedier release in the future
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 would not, either individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect, each of the Loan Parties has filed, and the Borrower and applicable Managing Member have caused each Subject Fund to file, all tax returns required to be filed, and have paid all Taxes levied or imposed upon them or their properties, that are due and payable (including in their capacity as a withholding agent) and taking into account applicable extensions, except those which are being contested in good faith by appropriate proceedings diligently conducted and for which adequate reserves have been provided in accordance with GAAP and enforcement of the contested tax is effectively stayed for the entire duration of such contest. There is no action, suit, proceeding, investigation, audit or claim now pending by a taxing authority regarding any taxes relating to the Loan Parties or Subject Funds that could, if made, individually or in the aggregate, have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company agrees to defend, indemnify (including, without limitation, by providing for the advancement of expenses and reasonable attorneys’ fees) and hold harmless the Consultant for any and all acts taken or omitted to be taken by the Consultant hereunder (except for bad faith, gross negligence or willful misconduct) as if the Consultant was an officer of the Company as provided in the charter and bylaws of the Company in accordance with the same terms, conditions, limitations, standards, duties, rights and obligations as an officer. The provisions of this Section shall survive any termination of this Agreement. In addition, until the five (5) year anniversary of the termination or expiration of this Agreement, the Company shall maintain in effect liability insurance coverage for the Consultant (as an insured person) with respect to his service under this Agreement, on the same or more favorable terms and conditions (from the perspective of the Consultant) as under the liability insurance policies of the Company in effect as of the date of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Option shall be exercisable in such installments (which need not be equal) and at such times as may be designated by the Committee or the Board as set forth in the Option Agreement. Unless otherwise provided in the Agreement, to the extent not exercised, installments shall accumulate and be exercisable, in whole or in part, at any time after becoming exercisable, but not later than the date the Option expires. Upon the death, Disability or Retirement of a Grantee, all Options shall become immediately exercisable , provided, however, that the Committee shall have the authority to grant Options that do not become immediately exercisable in the event of the death, Disability or Retirement of a Grantee by including such provision in the Option Agreement evidencing such Option . Notwithstanding the foregoing, the Committee (or, with respect to Directors, the Board) may accelerate the exercisability of any Option or portion thereof at any time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower has the power and authority and legal right to execute and deliver the Loan Documents and to perform its obligations thereunder. The execution and delivery by the Borrower of the Loan Documents and the performance of its obligations thereunder have been duly authorized by proper corporate proceedings, and the Loan Documents constitute legal, valid and binding obligations of the Borrower enforceable against the Borrower in accordance with their terms, except as enforceability may be limited by Debtor Relief Laws and general principles of equity, including without limitation, the remedy of specific performance.

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 legal provision and list the applicable contract clause categories. Provision: No failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement, any Swap Agreement, any Banking Services Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

assistant: No Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall prepare and file with the Commission such amendments, including post-effective amendments, and supplements to such Registration Statement and the prospectus used in connection therewith as may be necessary to keep such Registration Statement effective and in compliance with the provisions of the Securities Act until all Registrable Securities and other securities covered by such Registration Statement have been disposed of in accordance with the intended method(s) of distribution set forth in such Registration Statement (which period shall not exceed the sum of one hundred eighty (180) days plus any period during which any such disposition is interfered with by any stop order or injunction of the Commission or any governmental agency or court) or such securities have been withdrawn.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Lender hereby consents to (i) the change of name of Amsbra from Amsbra, Ltd. to Build-A-Bear Workshop UK Limited, (ii) the change of name of Build-A-Bear Workshop UK Holdings, Ltd. to Build-A-Bear UK Holdings Limited, (iii) the merger of Build-A-Bear Workshop UK Limited and Bear Factory, with Build-A-Bear Workshop UK Limited as the surviving entity, and (iv) the dissolution of Build-A-Bear Workshop Ireland, Ltd. This consent shall not affect any other Defaults or Events of Default of the same or different nature arising at any time. This consent will not constitute a modification or an alteration of the terms, conditions or covenants of the Loan Documents. This consent will not relieve or release any Borrower or Guarantor in any way from its respective duties, obligations, covenants or agreements under the Loan Documents or from the consequences of any Default or Event of Default thereunder, except as expressly described above. This consent will not obligate Lender, or be construed to require Lender, to consent to any other departure from the requirements of the Loan Documents. No course of dealing is established hereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All actions and proceedings arising out of or relating to this Agreement shall be heard and determined in the Court of Chancery of the State of Delaware, or, if the Court of Chancery lacks subject matter jurisdiction, in any federal court sitting in the State of Delaware, and the parties hereto hereby irrevocably submit to the exclusive jurisdiction of such courts (and, in the case of appeals, appropriate appellate courts there from) in any such action or proceeding and irrevocably waive the defense of an inconvenient forum to the maintenance of any such action or proceeding. The consents to jurisdiction set forth in this paragraph shall not constitute general consents to service of process in the State of Delaware and shall have no effect for any purpose except as provided in this paragraph and shall not be deemed to confer rights on any Person other than the parties hereto. The parties hereto agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by applicable Law. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT.

assistant: Jurisdictions
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: inferences are not drawn out of the air, and it is the opposing party’s obligation to produce a factual predicate from which the inference may be drawn. Richards v. Nielsen Freight Lines, 602 F.Supp. 1224, 1244-45 (E.D.Cal.1985), aff'd, 810 F.2d 898 (9th Cir.1987). ANALYSIS In its motion for summary judgment against Penny, Defendant argues that Penny’s undisputed interrogatory response disproves an essential element of her claim for negligence. Defendant further argues that because Keegan failed to comply with California’s financial responsibility laws, he cannot recover non-economic damages. In response, Penny contends that a genuine issue of material fact exists because Williams admitted responsibility for the accident in his deposition. Moreover, Kee-gan al (5th Cir.2010) (<HOLDING>); Loeza v. JP Morgan Chase Bank NA, 2014 WL Options: A. holding that arguments not presented to the district court in response to a motion for summary judgment are waived B. holding that district court did not err in summarily granting defendants motion for summary judgment pursuant to local rule where pro se plaintiff failed to respond to motion after district court had warned plaintiff that it would deem his failure to respond a consent to granting of motion C. holding that because plaintiff failed to advance evidence rebutting motion for summary judgment alongside a concession in their interrogatory response the district court did not err in granting defendants motion for summary judgment D. holding that the trial court did not err by granting defendants motion for summary judgment E. holding that district court should not have granted summary judgment solely on basis that motion for summary judgment was not opposed

assistant: The best answer is C. holding that because plaintiff failed to advance evidence rebutting motion for summary judgment alongside a concession in their interrogatory response the district court did not err in granting defendants motion for 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: THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK BUT EXCLUDING ANY PRINCIPLES OF CONFLICTS OF LAWS THAT WOULD CAUSE THE APPLICATION OF THE LAW OF ANY JURISDICTION OTHER THAN THE LAWS OF THE STATE OF NEW YORK.

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: counsel? RYAN, Judge, with whom STUCKY, Judge, joins (dissenting): This Court granted review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals on one issue raised by Appellant: ‘Whether [detailed counsel’s] failure to disclose his conflict of interest resulted in an uninformed and invalid election of counsel.” Rather than answer this question, which is directly controlled by Supreme Court precedent and not an open issue, Cuyler v. Sullivan, 446 U.S. 335, 350, 100 S.Ct. 1708, 64 L.Ed.2d 333 (1980) (“[T]o demonstrate a violation of his Sixth Amendment rights, a defendant must establish that an actual conflict of interest adversely affected his lawyer’s performance.”), and Strickland v. Washington, 466 U.S. 668, 692, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) (<HOLDING>), the majority remands the case for additional Options: A. holding that the defendant was deprived of his sixth amendment right to counsel where appointed counsels representation presented a conflict of interest B. holding defendant must demonstrate an actual conflict of interest adversely affected his lawyers performance C. holding that to demonstrate that a conflict of interest violated his sixth amendment rights a defendant must establish that an actual conflict of interest adversely affected his lawyers performance D. holding that defense counsels performance was adversely affected by an actual conflict of interest if a specific and seemingly valid or genuine alternative strategy or tactic was available to defense counsel but it was inherently in conflict with his duties to others E. holding that defendant must demonstrate both that counsel actively represented conflicting interests and that an actual conflict of interest adversely affected his lawyers performance to establish a sixth amendment violation

assistant: The best answer is E. holding that defendant must demonstrate both that counsel actively represented conflicting interests and that an actual conflict of interest adversely affected his lawyers performance to establish a sixth amendment violation
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: prisoner invoked the Public Records Act to obtain records of the Department of Correction's internal investigation into the murder. Id. at 165-66. Acknowledging that no statute specifically exempted these records from disclosure, the Appman Court nonetheless held that Rule 16(a)(2) exempted from disclosure under the Public Records Act all “open” criminal investigative files that “are relevant to pending or contemplated criminal action.” Id. at 166. In so holding, the Appman Court stressed that the Rules of Criminal Procedure “became effective ... upon the [Gjovernor’s approval of a joint resolution of the [Ljegislature adopting the rules,” a procedure nearly identical to the procedure by which statutes are enacted, and emphasized t (Tenn.Ct.App.2004), perm. appeal denied (Tenn.2005) (<HOLDING>); Arnold, 19 S.W.3d at 786 (holding that the Options: A. holding that the public records act does not mandate disclosure of documents sealed by a protective order entered pursuant to the tennessee rules of civil procedure B. holding that draft pleadings are not subject to public records disclosure C. holding that the public records act does not mandate disclosure of records protected by tennessee rule of criminal procedure 16 D. recognizing that intent of public records act is to provide all citizens with access to the records of all public governmental bodies E. holding that personnel records or conduct investigative records regarding police officers are exempt from disclosure under virginias freedom of information act which exempts personnel records from disclosure

assistant: The best answer is C. holding that the public records act does not mandate disclosure of records protected by tennessee rule of criminal procedure 16
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 of Parent and each Group Member is duly organized or, as the case may be, incorporated, validly existing and in good standing under the laws of the jurisdiction of its organization (to the extent such concepts exist in such jurisdiction).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement represents the entire agreement between the parties hereto, and there are no other agreements, contracts or understanding between the parties hereto with respect to the subject matter of this Agreement, except as provided in Sections 3 and 9 or otherwise specifically referred to herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at trial, Ford objected to Cantor’s testimony regarding tests included in the September 12 production, and the trial court sustained the objection. Even assuming that plaintiffs had sufficient time to prepare, therefore, any such preparation could assist them little at trial. Standing alone, the admission of the September 12 material may not have prejudiced plaintiffs to such a degree as to constitute reversible error. Combined with the exclusion of any testimony by Cantor in response, however, it resulted in an unfair inconsistency that denied plaintiffs of any opportunity to mitigate the prejudice caused by Ford’s untimeliness. Under these circumstances, the dilatory production of documents by Ford warrants a new trial. Cf. Mawby v. United States, 999 F.2d 1252, 1254 (8th Cir.1993) (<HOLDING>); Piester v. International Bus. Machs., Corp., Options: A. holding right to be fundamental B. recognizing fundamental fairness requires criminal defendants be granted a meaningful opportunity to present a complete defense C. holding that an essential component of procedural fairness is an opportunity to be heard D. holding that fundamental fairness is flexible and calls for such procedural protections as the particular situation demands E. holding that fundamental fairness demands at least an opportunity to present rebuttal to surprise evidence

assistant: The best answer is E. holding that fundamental fairness demands at least an opportunity to present rebuttal to surprise evidence
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 will be governed by and construed under the laws of the United States and, to the extent not preempted by such laws, by the laws of the State of California, without regard to their conflicts of laws provisions.

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: 1128 (9th Cir.1978), cert. denied, 439 U.S. 1074, 99 S.Ct. 849, 59 L.Ed.2d 41 (1979)). “A variety of factors can be relevant to this determination depending upon the facts of the particular case.” Id. In this case, there is no claim that Van Cauwenberghe’s and Blair’s defenses were mutually exclusive. “Only where the acceptance of one party’s defense will preclude the acquittal of the other party does the existence of antagonistic defenses mandate severance.” Id. Van Cauwenberghe only claims that he suffered from aspersions of guilt by association with the more culpable Blair. However, the mere fact that a criminal defendant is jointly tried with a more culpable co-defendant is not alone sufficient to constitute an abuse of the district court’s discretion. See Ramirez, 710 F.2d at 547 (<HOLDING>). We do not believe that evidence of Blair’s Options: A. holding that where there is evidence sufficient to sustain finding of trial court that prejudicial error was contained in record there is no basis for stating that trial court abused discretion in granting new trial B. holding that improper use of a summary chart was harmless because the evidence was merely cumulative and there was overwhelming evidence of the charged crime C. holding that joint trial with codefendant against whom there was overwhelming evidence not prejudicial when there was little chance of it spilling over D. holding that trial courts witness interrogation did not cause defendant prejudice when there was already overwhelming evidence showing defendants guilt E. holding that prejudice was not shown where there was overwhelming evidence of guilt

assistant: The best answer is C. holding that joint trial with codefendant against whom there was overwhelming evidence not prejudicial when there was little chance of it spilling over
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: Executive agrees that she or she will not in any way disparage Company, its affiliated and related companies, or their current and former employees, officers, directors, agents and representatives, or make or solicit any comments, statements, or the like to the media or to others that may be considered to be derogatory or detrimental to the good name or business reputation of any of the aforementioned parties or entities. This paragraph shall not limit the rights of Executive to provide testimony pursuant to a valid subpoena or in a judicial or administrative proceeding in which Executive is required to testify or otherwise as required by law or legal process.

assistant: Non-Disparagement
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 Administrator may, from time to time, select from among all Eligible Individuals, those to whom one or more Awards shall be granted and shall determine the nature and amount of each Award, which shall not be inconsistent with the requirements of the Plan. No Eligible Individual or other Person shall have any right to be granted an Award pursuant to the Plan.

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 legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions set forth herein, the Swingline Lender agrees to make loans denominated in dollars to the Borrower (each such loan, a “ Swingline Loan ”) from time to time during the Availability Period, in an aggregate principal amount at any time outstanding that will not result in (i) the aggregate principal amount of outstanding Swingline Loans exceeding $100,000,000, (ii) the Total Revolving Credit Exposure exceeding the Aggregate Commitments or (iii) the Revolving Credit Exposure of any Lender exceeding its Commitment; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, prepay and reborrow Swingline Loans.

assistant: General
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 to accept as binding, conclusive and final all decisions and interpretations of the Compensation Committee of the Board (the “Committee”) of the Company with respect to any questions arising under the Plan and this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Closing Date, (a) the fair value of the assets of the Borrower, at a fair valuation, will exceed its debts and liabilities, subordinated, contingent or otherwise; (b) the present fair saleable value of the property of the Borrower will be greater than the amount that will be required to pay the probable liability of its debts and other liabilities, subordinated, contingent or otherwise, as such debts and other liabilities become absolute and matured; (c) the Borrower will be able to pay its debts and liabilities, subordinated, contingent or otherwise, as such debts and liabilities become absolute and matured; and (d) the Borrower will not have unreasonably small capital with which to conduct the business in which it is engaged as such business is proposed to be conducted following the Closing Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that at the time of the stipulation “she would be on her own for housing,” whereas at the current time (June 2004), she was in “a long term relationship with a financially secure partner, several vacations, new vehicles and multiple homes.” With one exception, we agree with husband that the affidavit was sufficient to state a case for modification under the standards we have announced above and to obtain an evidentiary hearing. ¶ 38. The one exception is that the motion and affidavit did not show that the former spouse’s financial circumstances were unanticipated. As she argues, her circumstances at the time of the family court hearing were exactly those present at the time of the stipulation or, as in Gil, a logical extension of those circumstances. 151 Vt. at 600, 563 A.2d at 626 (<HOLDING>). As obligor admits, wife’s cohabitation had Options: A. holding parties to an exculpatory clause where the parties intent is clear B. holding that it was not unanticipated that cohabitating parties would eventually share expenses C. holding that it may not D. holding that it is not E. holding that parties can stipulate that they were both parties to a contract and thus the real parties in interest even when one party did not sign the contract

assistant: The best answer is B. holding that it was not unanticipated that cohabitating parties would eventually share expenses
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions set forth in Sections 3.5, 3.8, 3.9, 6, 7, 8 and Exhibit A (Proprietary Information and Confidentiality Agreement) of this Agreement will survive any termination of Employee's employment with OrangeHook and the termination of this Agreement.

assistant: Survival