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: Texas Fund has a legitimate interest in the case and it is in a much better position to protect that interest than any of the other parties. Texas Fund is entitled to intervene in the action to protect its legitimate interests. I foresee no harm or prejudice to any of the other parties by virtue of this intervention. Texas Fund’s intervention in the lawsuit would have little effect on how the case is actually prosecuted before a jury and affects no substantial interest of any of the other parties. Other courts, faced with identical or very similar circumstances, have held that an insurance carrier may intervene as of right in an action brought by the injured party against a third-party tortfeasor. See Smith Petroleum Service, Inc. v. Monsanto Chemical Co., 420 F.2d 1103 (5th Cir.1970) (<HOLDING>); Curtis v. Sears, Roebuck & Co., 754 F.2d 781, Options: A. holding if a workers compensation carrier denies liability for medical expenses of its insured the nofault carrier is bound promptly to pay benefits concerning such expenses under its policy B. recognizing workers compensation insurance carrier owes employee duty of good faith and fair dealing in processing compensation claims C. holding that rule 6e did not extend the period in which a workers compensation carrier was required to pay a compensation award under the longshore and harbor workers compensation act where the act required payment within ten days of filing of the order as opposed to within ten days of service of notice provided for in the rule D. recognizing a breachofduty action by an employee against a workers compensation carrier even though the carrier issued its policy to the employer E. holding that carrier was entitled to intervene as of right where the states workers compensation law permitted subrogation of a compensation carrier

assistant: The best answer is E. holding that carrier was entitled to intervene as of right where the states workers compensation law permitted subrogation of a compensation carrier
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: Construction of the Tenant Improvements shall not proceed without Tenant first acquiring workers’ compensation and commercial general liability insurance and property damage insurance as well as “All Risks” builders’ risk insurance, with minimum coverage of $2,000,000 or such other amount as may be approved by Landlord in writing and issued by an insurance company reasonably satisfactory to Landlord; provided, however, Tenant shall have the right to satisfy the “All Risks” builders’ risk insurance by requiring its contractor to obtain and carry such coverage in accordance with this Section 8(e). Not less than thirty (30) days before commencing the construction of the Tenant Improvements, certificates of such insurance shall be furnished to Landlord or, if requested, the original policies thereof shall be submitted for Landlord’s approval. All such policies shall provide that thirty (30) days prior notice must be given to Landlord before modification, termination or cancellation. All insurance policies maintained by Tenant pursuant to this Work Letter shall name Landlord and any lender with an interest in the Premises as additional insureds and comply with all of the applicable terms and provisions of the Lease relating to insurance. Tenant’s general contractor constructing the Tenant Improvements shall be required to maintain the same insurance policies as Tenant, and such policies shall name Tenant, Landlord and any lender with an interest in the Premises as additional insureds.

assistant: Insurances
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 terminate and cease to have any force or effect on the earliest of (a) the termination of the Merger Agreement in accordance with its terms, (b) the written agreement of Parent and Stockholder to terminate this Agreement, (c) the consummation of the Merger, and (d) the amendment, modification or waiver of the Merger Agreement to alter the Merger Consideration in a manner adverse to Stockholder unless such amendment, modification or waiver has been consented to by Stockholder in writing prior to or simultaneously with such amendment, modification or waiver; provided , however , that (i) Sections 8 through 19 shall survive any termination of this Agreement and (ii) termination of this Agreement shall not relieve any party from liability for any breach of its obligations hereunder committed prior to such termination.

assistant: Terminations
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 party must be an “aggrieved person.” Title 1, section 42 of the Virgin Islands Code states that, “words and phrases shall be read with their context and shall be construed according to the common and approved usage of the English language.” Under its normal and customary meaning, an “aggrieved” person is defined as “a person with a legally recognized interest that is injuriously affected by an act of a judicial or q r. 1996)). We note that it is unclear whether Dr. Williams was aggrieved by V.I.B.M.E.’s January 26, 2006 Order beginning on February 17, 2006, the date V.I.B.M.E. issued its order, or from March 7, 2006 when he was notified of Vi.B.M.E.’s decision to permanently revoke his license. Compare Worldwide Flight Services v. Gov’t of the V.I., 51 V.I. 105, 109 (V.I. 2009) (<HOLDING>) with Tip Top Constr. Inc. v. Gov’t of the V.I. Options: A. holding that party is aggrieved from the date of issuance but construing a statute rather than rule 15a B. holding that in construing statute courts must first look to its plain language C. holding the correct date to use when determining the controlling statute is date upon which the claim arose D. holding that the phrase party aggrieved should be given a practical rather than hypertechnical meaning E. holding that the 90 day period set out in rule 591 begins to run from the date of filing rather than the date set for hearing of the posttrial motion

assistant: The best answer is A. holding that party is aggrieved from the date of issuance but construing a statute rather than rule 15a
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: rather than evidence presented in a representative fashion or via documentary evidence, is unclear.” Medlock v. Host Int’l, Inc., No. 12-cv-2024-JLT, 2013 WL 2278095, at *5 (E.D.Cal. May 22, 2013). Indeed, a number of courts, including the Medlock court, have recognized that PAGA plaintiffs can often satisfy their burdens of proof without undue reliance on individualized evidence. See id.) see also Plaisted v. Dress Barn, Inc., No. 12-cv-1679-ODW, 2012 WL 4356158, at *2 (C.D.Cal. Sept. 20, 2012) (recognizing that individualized or fact-intensive evidence of damages is not required under PAGA, because PAGA only permits recovery of “statutory penalties in fixed amounts per violation”); Alcantar v. Hobart Serv., No. 11-cv-1600 PSG, 2013 WL 146323, at *3-4 (C.D.Cal. Jan. 14, 2013) (<HOLDING>). Uber does not explain why Gillette cannot Options: A. holding that the burden of proof is on the claimant B. recognizing the statelaw privilege because there was no federal claim to which the records sought would be relevant C. recognizing that production of a written insurance policy was unnecessary to prove the existence of the policy because the proof required was proof of the fact of insurance and not of the contents of a writing D. holding that there was little risk litigation of representative paga claim would require a series of highly individualized fact intensive mini trials because the burden would be on defendants to prove that the labor code was not violated and such proof could be drawn easily from defendants own records E. holding the states reference to the defendants lack of remorse was error because it was a comment on the defendants assertion of his constitutional rights to plead not guilty and require the state to carry its burden of proof

assistant: The best answer is D. holding that there was little risk litigation of representative paga claim would require a series of highly individualized fact intensive mini trials because the burden would be on defendants to prove that the labor code was not violated and such proof could be drawn easily from defendants own records
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments to be made by the Borrower shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Borrower hereunder shall be made to the Administrative Agent, for the account of the respective Appropriate Lenders to which such payment is owed, at the Administrative Agent’s Office in Dollars and in immediately available funds not later than noon on the date specified herein. The Administrative Agent will promptly distribute to each Lender its Applicable Percentage (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. All payments received by the Administrative Agent after noon shall in each case be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. If any payment to be made by Borrower shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be.

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: In the event of actual or potential breach by the Company of any of its obligations under this Agreement, each Holder, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.

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

user: The non-disclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party's duty to hold Sensitive Information in confidence shall remain in effect until the Sensitive Information no longer qualifies as a trade secret or otherwise needing protection until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.

assistant: No
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: Health Care Fraud Information No. 09-CR421, which charged him with health care fraud of $2.9 million. The Government contends petitioner’s claim is meritless as he was never prosecuted for the health care fraud violations in 1999 because he fled the jurisdiction on the date of his scheduled court appearance. Therefore, the 2009 N.D.N.Y. prosecution was the first time any jeopardy could attach to the petitioner’s prosecution. The Double Jeopardy Clause of the Fifth Amendment states that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.” U.S. Const, amend. V. The Double Jeopardy Clause affords a defendant protection from: (1) a second prosecution for the same offense after acquittal; (2) a second prosecution for the same offense af Cir.2007) (<HOLDING>). Petitioner failed to appear in the M.D. Fla. Options: A. holding that the dismissal of criminal charges for evidentiary insufficiency is an acquittal for purposes of the double jeopardy clause B. recognizing that an indictment must contain the elements of the offense charged fairly inform a defendant of the charge and enable the defendant to plead double jeopardy as a defense in a future prosecution for the same offense C. holding that defendant did not have standing to raise facial challenge to validity of aggravated assault statutes for their risk of creating double jeopardy grounds because he himself was not charged in way that created double jeopardy D. holding that the dismissal of an indictment before trial and institution of a superseding indictment does not trigger double jeopardy E. holding that in order for a pretrial dismissal to trigger the protections of the double jeopardy clause there must be an adjudication of elements of the offense charged in a way that reflected a genuine risk of conviction

assistant: The best answer is E. holding that in order for a pretrial dismissal to trigger the protections of the double jeopardy clause there must be an adjudication of elements of the offense charged in a way that reflected a genuine risk of conviction
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 Article 9 provisions apply to any assignment of accounts has also been developed in case law in states whose commercial codes substantially parallel provisions of U.C.C. Article 9. See Major’s Furniture Mart, Inc. v. Castle Credit Corp., Inc., 602 F.2d 538 (3d Cir.1979) (stating that Article 9 governs all transactions in accounts, including both sales of accounts and secured interests in accounts, thus even an outright buyer of accounts by definition has a security interest in the accounts which it purchases); Valley Bank of Nevada v. City of Henderson, 528 F.Supp. 907 (D.C.Nev.1981) (noting that any transaction intended to create a security interest in accounts and any sale of accounts falls within the scope of Article 9); and In re Cripps, 31 B.R. 541 (Bankr.W.D.Okla.1983) (<HOLDING>). The official comments to the U.C.C., Options: A. holding that a seller could enforce an arbitration provision against a buyer even though only the buyer had signed the provision B. holding that property seized by a creditor prior to debtors bankruptcy was property of the estate even though creditor the irs held a secured interest a tax lien in the property C. holding that where buyer had opportunity to inspect goods and failed to inform seller in timely manner of defects buyer deemed to have accepted goods pursuant to 672606 D. holding that seller carried insurance for benefit of buyer and held proceeds in trust for buyer when seller agreed to maintain insurance until possession date but bam burned before buyer took possession E. holding that where an outright buyer of accounts receivable failed to perfect her interest in debtors account by filing a financing statement the buyer could not prevail over the bankruptcy trustee as lien creditor

assistant: The best answer is E. holding that where an outright buyer of accounts receivable failed to perfect her interest in debtors account by filing a financing statement the buyer could not prevail over the bankruptcy trustee as lien creditor
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: have not been concluded, finished, or determined by a final judgment.’” US West, 1999-NMSC-024, ¶ 14, 127 N.M. 375, 981 P.2d 789 (quoting Stockard v. Hamilton, 25 N.M. 240, 245, 180 P. 294, 295 (1919)). As stated in Stockard, This provision of the Constitution was inserted for the purpose of curing a well-known method, too often used in the days when New Mexico was under a territorial form of government, to win cases in the courts by legislation which changed the rules of evidence and procedure in cases which were then being adjudicated by the various courts of the state. Id. at 245, 180 P. at 295. Article IV, Section 34 applies as well to legislative action that changes a substantive right or remedy. See Hillelson v. Republic Ins. Co., 96 N.M. 36, 37-38, 627 P.2d 878, 879-80 (1981) (<HOLDING>). Although it may not be easy to discern the Options: A. holding that change of statutory interest rate on judgments from six to ten percent per annum affected a right or remedy under article iv section 34 B. holding that nonconsensual oversecured tax claim is entitled to the statutory rate of interest unless the statutory rate constitutes a penalty C. holding that district court did not abuse its discretion in awarding prejudgment interest at the colorado statutory rate of 8 percent D. holding that where the proper rate of interest was eight percent but the court ordered six percent movant had waived right to higher rate by not raising the issue earlier in its petition for review E. holding that bonds that bore interest at one percent per annum plus on supplemental coupons up to 212 additional interest per annum to the extent net revenues are available were not negotiable instruments because the supplemental coupons indefinite interest rate failed to state a sum certain under section 3106

assistant: The best answer is A. holding that change of statutory interest rate on judgments from six to ten percent per annum affected a right or remedy under article iv section 34
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: requirements of the Uniformity Clause and the federal Equal Protection Clause. Appellants forcefully argue that, in a series of decisions, the intermediate court has misconstrued our analysis and holding in Downingtown. Thus, it is helpful to first review the relevant facets of that opinion and clarify their significance. The Downingtown Court recited the foundational and longstanding principle that “a taxpayer is entitled to relief under the Uniformity Clause where his property is assessed at a higher percentage of'fair market value than other properties throughout the taxing district.” Downingtown, 590 Pa. at 466, 913 A.2d at 199 (citing In re Harleigh Realty Co., 299 Pa. 385, 388, 149 A. 653, 654 (1930)); see Appeal of F.W. Woolworth Co., 426 Pa. 583, 587, 235 A.2d 793, 795 (1967) (<HOLDING>), quoted in Downingtown, 590 Pa. at 468, 913 Options: A. recognizing that uniformity has at its heart the equalization of the ratio among all properties in the district B. recognizing that using false documents that go to the heart of an asylum claim can indicate lack of credibility C. holding that inconsistencies in the aliens statements must go to the heart of the asylum claim to justify an adverse credibility finding D. recognizing implicit waiver of the attorney client privilege where the plaintiff has placed in issue a communication which goes to the heart of the claim in controversy E. holding that omissions in petitioners asylum application which go to the heart of the claim support adverse credibility finding

assistant: The best answer is A. recognizing that uniformity has at its heart the equalization of the ratio among all properties in the district
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: complaint but deciding appeal based on a different affirmative defense). 7 . Alaska R. Civ. P. 8(c) ("When a party has mistakenly designated a defense as a counterclaim, or a 147, §§ 1, 2, SLA 2003; see Revisor's notes, AS 09.10.030 (1994) (describing. 1994 stylistic changes to 1962 statutory language); see also Dault v. Shaw, 322 P.3d 84, 92 (Alaska 2013) (explaining effect of 2003 statutory amendment). 13 . Vezey v. Green, 35 P.3d 14, 20 (Alaska 2001) (quoting Nome 2000 v. Fagerstrom, 799 P.2d 304, 309 (Alaska 1990)). 14 . Theresa L. v. State, Dep't of Health & Soc. Servs., 353 hat allowing berry picking and fishing was "consistent with the conduct of a hospitable landowner/ and undermines neither the continuity nor exclusivity of their possession”); Peters, 519 P.2d at 831 (<HOLDING>), 20 . Vezey, 35 P.3d at 20 (quoting Nome 2000, Options: A. holding that because public use of a beach was permissive the public was a licensee and as such could be excluded from the whole area at any time by the title owner B. holding that occasional use of the beach by clamdiggers or other trespassers does not destroy exclusivity C. holding that the publics use of the disputed road to access the adverse possessors business did not destroy the exclusiveness of the adverse possessors use D. holding that public use of a beach was presumed to have originated by permission and to have continued as a license until some act of the public or public official asserted the use to be exercised as a matter of right rather than privilege E. holding that the venice beach boardwalk is a traditional public forum

assistant: The best answer is B. holding that occasional use of the beach by clamdiggers or other trespassers does not destroy exclusivity
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 contains the complete agreement of the parties and cannot be varied except by written agreement of the parties. The parties agree that there are no oral agreements, representations, or warranties that are not expressly set forth in this Agreement. This Agreement may be amended only by written agreement signed by both Hydrocarb and Consultant.

assistant: Integration
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: Borrower shall pay to Lender interest on the Advances, payable monthly in arrears on the first day of each month, commencing with the month immediately following the Closing Date, and on the Termination Date, at a per annum rate which is equal at all times during the Interest Period for such Advance to (i) the LIBOR Rate for the Interest Period selected by Borrower corresponding to such Advances, plus (ii) the Margin.

assistant: Interests
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: on the petition date — because the terms of the Agreement would have applied only if the debtor had retired, resigned, or otherwise terminated his employment with VMG while the Agreement was in effect, and that he did not do so. The defendants contend that, under any of the generally accepted methods of valuation, the fair market value of the VMG stock on the petition date was zero. IV. DISCUSSION A. RELEVANCE OF THE AGREEMENT The trustee’s reliance on the formulas contained in the Agreement is mis placed. Shareholder agreements which impose, under certain circumstances, obligations on a shareholder to sell and ultimately on the corporation to buy shares are executory contracts for purposes of the Bankruptcy Code. See In re Parkwood Realty Corp., 157 B.R. 687, 689 (Bankr.W.D.Wash.1993) (<HOLDING>). Section 365(d)(1) gives the Chapter 7 trustee Options: A. holding that an action for tortious interference with prospective economic advantage may not be directed against an individual who is an officer and the sole stockholder of a corporation which is a party to the economic relationship at issue B. holding that stockholder agreement is an executory contract C. holding that the transfer of stock in an insolvent corporation did not constitute fair consideration to support conveyance of property to its stockholder D. holding that federal law determines definition of executory contract but that state law determines whether a material breach of the contract could occur E. holding that an arbitration agreement is separable from the underlying agreement

assistant: The best answer is B. holding that stockholder agreement is an executory contract
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: Your employment will commence on January 6, 2016. You will report to the Chief Executive Officer and be responsible for the supervision and control of all merchandising, marketing and supply chain activities of the Company and will have such other duties as the Chief Executive Officer may reasonably determine.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Section 6.4 , this Agreement shall terminate automatically without any notice or other action by any Person, upon the first to occur of (i) the valid termination of the Merger Agreement in accordance with its terms, (ii) the Effective Time, and (iii) the mutual written consent of Parent and Shareholder.

assistant: Terminations
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: Solely in connection with the repayment of Term A-1 Loans and Term B-1 Loans on the First Amendment Effective Date, the Administrative Agent and the Required Lenders hereby waive any required notice of prepayment of Term A-1 Loans and Term B-1 Loans pursuant to Section 2.05 of the Existing Credit Agreement. Each Lender delivering an executed counterpart of this Amendment hereby irrevocably waives its right to receive any payments under Section 3.05 of the Existing Credit Agreement as a result of its Term A-1 Loans or Term B-1 Loans, as applicable, being repaid on the First Amendment Effective Date and not on the last day of the Interest Period applicable thereto.

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

user: 2.1. Confidential Information means all confidential information relating to the Purpose which the Disclosing Party or any of its Affiliates, discloses or makes available, to the Receiving Party or any of its Affiliates, before, on or after the Effective Date. This includes: c) all confidential or proprietary information relating to: the business, affairs, customers, clients, suppliers, plans, business opportunities, finances, pricing, operations, processes, product information, techniques, know-how, technical information, design, trade secrets and findings or analysis derived from Confidential Information, whether in tangible or intangible form.

assistant: No
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: (2) the person claims an interest relating to the subject of the action and is so situated that the disposition of the action in the person’s absence may (i) as a practical matter impair or impede the person’s ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of the claimed interest. Fed.R.Civ.P. 19(a). If the absent party is “necessary,” the court must determine whether joinder is “feasible.” See Fed.R.Civ.P. 19(a) & (b). Finally, if joinder is not “feasible,” the court must decide whether the absent party is “indispensable,” i.e., whether in “equity and good conscience” the action can continue wi ndians v. Rose, 34 F.3d 901, 908 (9th Cir.1994) (<HOLDING>). DEFENDANT FAILED TO PRESERVE HIS ARGUMENT Options: A. holding that an arbitration agreement enforceable against party who signed the agreement even where the other party did not sign it because generally it is enough that the party against whom the contract is sought to be enforced signs it B. holding that a party does not automatically qualify as a real party in interest merely because it has been named as a defendant in a declaratory judgment action C. holding that neither the tribe or its tribal court was necessary to the determination of the tribal courts jurisdiction given that the district courts judgment would be binding on the absent party and they did not have a legally protected interest at issue noting that the tribe was not a party to a relevant agreement or treaty with any party to the suit D. holding that when the united states is a named party participates in the general action and is or may be interested in the outcome of an appeal even though it is not a party to the appeal it is a party for purposes of frap 4a E. holding that because the absent party did not feel that it was necessarily in his interest to remain a party in this action it is inappropriate for one defendant to attempt to champion the absent partys interests

assistant: The best answer is E. holding that because the absent party did not feel that it was necessarily in his interest to remain a party in this action it is inappropriate for one defendant to attempt to champion the absent partys interests
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 requirement, Plaintiffs claim under Section 101(a)(1) must fail as a matter of law. In any event, there is no indication that Plaintiff was discriminated against in his ability to participate in the meeting. As the Supreme Court has stated, Section 101(a)(1) is “a command that members and classes of members shall not be discriminated against in their right to nominate and vote.” Calhoon v. Harvey, 379 U.S. 134, 139, 85 S.Ct. 292, 13 L.Ed.2d 190 (1964). Therefore, “[a] cause of action by a union member cannot be sustained under 101(a)(1) without some claim of discrimination .... ” Conery v. Niccollai, Jr., 2002 U.S.App. LEXIS 6426, at *4 (3d Cir. Apr. 4, 1992) (citing Calhoon, 379 U.S. at 138-39, 85 S.Ct. 292). See Keck v. Employees Indep. Ass’n, 387 F.Supp. 241, 247 (E.D.Pa.1974) (<HOLDING>). ■ Here, all union members were advised of, Options: A. holding union members state law claims for defamation against union preempted B. holding that a direct action could not be maintained because the declaration does not allege the violation of any right personal to plaintiff but only violation of rights common to all the stockholders C. holding that the plaintiffs acted on behalf of all union members and reimbursing the attorneys fees from the union treasury such that all union members in effect equally contributed to the costs of litigation D. holding that defendant is entitled to qualified immunity because plaintiff failed to allege the violation of a clearly established constitutional right E. holding no violation of section 101 in spite of violation of union bylaws because plaintiffs do not allege that members or classes have been discriminated against in their right to vote

assistant: The best answer is E. holding no violation of section 101 in spite of violation of union bylaws because plaintiffs do not allege that members or classes have been discriminated against in their right to vote
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: summary judgment in favor of Albemarle when it “ignored the First Court’s findings that Albemarle breached its representations and warranties.” As discussed above, MEMC misstates the opinion in the prior appeal. Therefore, the trial court did not err by rendering summary judgment for Albemarle on this ground. MEMC also contends that trial court erred because it stated the award of attorney’s fees for breach of contract under section 38.001 of the Civil Practice and Remedies Code is discretionary. See Tex. Civ. Prac. & Rem.Code Ann. § 38.001(8) (Vernon 2008). Section 38.001 provides for attorney’s fees for a prevailing party in a breach of contract case. See id.; see also Hassell Constr. Co. v. Stature Commercial Co., 162 S.W.3d 664, 668 (Tex.App.-Houston [14th Dist.] 2005, no pet.) (<HOLDING>). Because we conclude the trial court properly Options: A. holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency B. holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees C. holding fees mandatory under predecessor statute of 38001 D. holding award of attorneys fees to party prevailing on contract claim is mandatory under section 38001 if there is proof of the reasonableness of the fees E. holding that a party may recover attorneys fees under section 38001 only if the party prevails on a cause of action for which attorneys fees are available and recovers damages

assistant: The best answer is D. holding award of attorneys fees to party prevailing on contract claim is mandatory under section 38001 if there is proof of the reasonableness of the fees
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither Party may assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of the other Party, except that a Party may make such an assignment without the other Party's consent to its Affiliates or to a Third Party successor to substantially all of the business of such Party to which this Agreement relates (such Third Party, an " Acquiror "), whether in a merger, sale of stock, sale of assets or other transaction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court. MEYERS, J., filed a dissenting opinion. 1 . Tex. Penal Code § 46.04. 2 . U.S. Const, amends. IV, V, VI, XIV; Tex. Const, art. I, § 9; Tex.Code Crim. Proc. art. 38.23. 3 . The State’s objection that the proffered documents “were not on file 14 days before this date of trial as required under the Rules of Evidence” was sustained. Apparent 32 S.W.3d 853, 856, n. 22 (Tex.Crim.App.2000). 16 . U.S. Const, amend. IV. 17 . See generally Skinner v. Railway Labor Executives’ Ass'n, 489 U.S. 602, 619, 109 S.Ct. 1402, 103 L.Ed.2d 639 (1989) ("Except in certain well-defined circumstances, a search or seizure ... is not reasonable unless it is accomplished pursuant to a judicial warrant issued upon probable cause.”); Bell v. Wolfish, 441 U.S. 520, 558, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979) (<HOLDING>); Ybarra v. Illinois, 444 U.S. 85, 91, 100 Options: A. holding that policy requiring strip searches of prisoners prior to transfer did not violate fourth amendment B. holding that bodycavity searches of prisoners are not unreasonable C. holding that a plaintiff stated a fourth amendment claim where consecutive bodycavity searches were unnecessary D. holding that prisoners have no legitimate expectation of privacy and that the fourth amendments prohibition on unreasonable searches does not apply in prison cells E. holding searches conducted without a warrant based on probable cause are presumptively unreasonable

assistant: The best answer is B. holding that bodycavity searches of prisoners are not unreasonable
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: if that appears necessary in order to ensure that the punishment still fits both crime and criminal.” (Internal quotation marks omitted.) Id., 130, quoting State v. Raucci, supra, 21 Conn. App. 563-64. Accordingly, we concluded that, under the aggregate package theory, the trial court “may reconstruct the sentence in any way necessary to ensure that the punishment fits both the crime and the defendant, as long as the final sentence does not exceed [the original sentence of] forty years.” State v. Miranda, supra, 130; see also State v. Miranda, 274 Conn. 727, 735 n.5, 878 A.2d 1118 (2005) (noting that under aggregate package theory, “we must vacate a sentence in its entirety when we invalidate any part of the total sentence”); State v. Arceniega, 84 Conn. App. 326, 329, 853 A.2d 586 (<HOLDING>), cert. denied, 271 Conn. 926, 859 A.2d 581 Options: A. holding that erroneous admission of evidence was harmless where it had no substantial and injurious effect or influence on the jury verdict judged in relation to the total evidence on the issue in question internal quotation marks omitted B. holding that an appeal is not moot so long as the appellate court can fashion relief that is both effective and equitable internal quotation marks omitted alteration in original C. recognizing that procedural sentencing error is harmless if the resulting sentence is not longer thanthat to which the defendant would otherwise be subject alterations and internal quotation marks omitted D. holding that the maximum possible sentence provided by law for conviction of the offense charged is the most important consequence of the plea internal quotation marks omitted E. recognizing that the total effective sentence as originally imposed is the backdrop that must be kept in mind not the individual sentences comprising the total term internal quotation marks omitted

assistant: The best answer is E. recognizing that the total effective sentence as originally imposed is the backdrop that must be kept in mind not the individual sentences comprising the total term internal quotation marks omitted
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: To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower shall hand deliver or fax (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Bank) to the Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section ), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. It is understood that the reinstatement of all or a portion of a Letter of Credit in accordance with the terms thereof following a drawing thereunder shall not constitute an amendment, renewal or extension of such Letter of Credit. If requested by the Issuing Bank, the Borrower also shall submit a letter of credit application on the Issuing Bank's standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure shall not exceed $ 5,000,000 9,375,000 and (ii) the Aggregate Revolving Exposure shall not exceed the aggregate Revolving Commitments.

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: As of the Effective Date, except as set forth on Exhibit M attached hereto and except for defaults cured on or before the Effective Date, Seller has neither (i) received any written notice from any tenant of the Property asserting or alleging that Seller is in default under such tenant’s Lease, nor (ii) sent to any tenant of the Property any written notice alleging or asserting that such tenant is in default under such tenant’s Lease.

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: to conclude that the prosecutor was credible. 11 . In response to the prosecutor’s characterization of Juror 016’s alleged conduct, the trial court responded: "the court, frankly, did not observe the demeanor of Ms. 016 that was complained of by the district attorney.” In light of the trial court’s statement and the fact that there is nothing in the trial transcript (except the prosecutor’s representation) which indicates that Juror 016 answered any question by stating "uh-huh” or that she had rolled her eyes or turned away, the appellate court reasonably determined that the trial court had accepted the prosecutor’s statements about Juror 016's demeanor as true. Its corresponding conclusion — that a peremptory challenge exercised on the basis of a ju U.S. at 768-69, 115 S.Ct. 1769 (<HOLDING>); Batson, 476 U.S. at 98, 106 S.Ct. 1712 Options: A. holding that at step three the trial court must evaluate the persuasiveness of the prosecutors justification B. holding that trial court did not abuse its discretion in denying motion to continue trial three months where although trial was complex and records were voluminous court had already granted two prior continuances and continuance of three weeks was sufficient to prepare for trial C. holding that a trial court must conduct sua sponte a competency hearing when the information known to the trial court at the time of the trial or plea is sufficient to raise a bona fide doubt regarding the defendants competence D. holding that if a court decides that an outsideguidelines sentence is warranted it must consider the extent of the deviation and ensure that the justification is sufficiently compelling to support the degree of the variance E. holding that the decision of the appellate court establishes the law of the case and it must be followed by the trial court on remand

assistant: The best answer is A. holding that at step three the trial court must evaluate the persuasiveness of the prosecutors justification
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: point, this court “must consider only the evidence and inferences tending to support the trial court’s finding, disregarding all contrary evidence and inferences.” Continental Coffee Prods. Co. v. Cazarez, 937 S.W.2d 444, 450 (Tex.1996). However, meager circumstantial evidence from which equally plausible but opposite inferences may be drawn is speculative and thus legally insufficient to support a finding. See Hammerly Oaks, Inc. v. Edwards, 958 S.W.2d 387, 392 (Tex.1997); Tubelite v. Risica & Sons, Inc., 819 S.W.2d 801, 805 (Tex.1991); Fifty-Six Thousand Seven Hundred Dollars in U.S. Currency v. State, 730 S.W.2d 659, 662 (Tex.1987); Litton Indus. Prods., Inc. v. Gammage, 668 S.W.2d 319, 324 (Tex.1984); see also Browning-Ferris, Inc. v. Reyna, 865 S.W.2d 925, 928 (Tex.1993) (<HOLDING>). No witnesses testified that they had seen or Options: A. holding that probable cause is something more than mere suspicion B. holding that explicit credibility finding must be more than passing remark of disbelief and must be supported by specific cogent reasons C. holding that a factual finding must be supported by more than mere surmise or suspicion D. holding a finding of fact by the commission may not be based upon surmise conjecture or speculation but must be founded on evidence of sufficient substance to afford a reasonable basis for it E. holding a claimant must prove entitlement to benefits by the preponderance of the evidence which is not sustained by mere surmise or conjecture

assistant: The best answer is C. holding that a factual finding must be supported by more than mere surmise or suspicion