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: trait or propensity. In this case, Armstrong offered no evidence to support her assertions about Mandy. Additionally, as a matter of common law, Armstrong failed to offer any evidence to support her assertion that the Macks had or should have had knowledge of any behavior by Mandy that would have formed the basis for them to have had any concerns, or to have given any warnings, that she was of a vicious or mischievous nature. Thus, they failed to allege an essential element of a common-law negligence in a dog-bite claim. See Pattermann, 173 Wis. 2d at 148, 496 N.W.2d at 615. Although we have located no cases exactly on point, we do note that our conclusion is consistent with the conclusions reached in several similar cases. See Tschida v. Berdusco, 462 N.W.2d 410 (Minn. Ct. App. 1990) (<HOLDING>); Wilcoxen v. Paige, 528 N.E.2d 1104, 1106 Options: A. recognizing that legal owner and keeperowner both could be liable under minnesota dogbite statute but dismissing strictliability claim of veterinarians employee because there was no negligence by the legal owner B. holding that the owner of the land could not bring a 93a action against a prior owner of the land who was not the seller because there was no business connection between the two parties C. recognizing the general rule that a property owner is not liable for the negligence of an independent contractor D. holding that the indemnity plaintiffs liability was due only because of its legal duty as the property owner and not because of any active or independent negligence E. holding that the burden of proving lack of negligence is on the owner

assistant: The best answer is A. recognizing that legal owner and keeperowner both could be liable under minnesota dogbite statute but dismissing strictliability claim of veterinarians employee because there was no negligence by the legal owner
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 party’s obligations under Sections 5.8 and 5.9 shall survive the resignation or replacement of Administrative Agent or any assignment of rights by or replacement of a Lender or an Issuing Bank, the termination of the Commitments, and the repayment, satisfaction, discharge or Full Payment of any Obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties shall establish a Joint Advisory Committee (“ JAC ”) to oversee and coordinate activities under the Feasibility Program and, if Mirati exercises the Option, the Discovery Program. The JAC may from time to time establish subcommittees to handle matters within the scope of its authority.

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 case excerpt and choose the best holding from the options. Case excerpt: to make all required disclosures, or that Aon failed to provide Horizon with insurance coverage. There well may be weaknesses in one or more of Horizon’s liability theories, the damages sought under the Claims, and the evidence to support the allegations upon which the Claims are based. However, any such problems are not before this court. Our review is strictly limited to the grounds on which the trial court granted summary judgment. This court may affirm the trial court’s summary judgment based only on a ground expressly stated in Aon’s motions. See Stiles v. Resolution Trust Corp., 867 S.W.2d 24, 26 (Tex.1993). As to the Claims, Aon expressly stated only two grounds in its motions for traditional summary judgment — (1) election of r of Dallas, 491 S.W.2d 869, 871-72 (Tex.1973) (<HOLDING>); Liberty Mut. Ins. Co. v. First Nat’l Bank of Options: A. holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous B. holding that election of remedies did not apply because finance companys obtaining final judgment on contract claims against individual who signed contracts himself and also allegedly forged execution of company on the contracts was not inconsistent with suing the bank that was the first victim of the forger and then allegedly made false representations to finance company so that it would refinance the forgers debt with the bank C. holding the bank liable where the bank had almost complete control over the operation of the company during its last three quarters of operation and where withheld taxes were not paid to the irs on instructions from the bank D. holding a department store was not allowed to collect finance charges on its retail installment contracts and revolving charge accounts that were in excess of the interest rate allowed by statute however the store was allowed to assess finance charges in the amount allowed by statute E. holding that at will contracts of employment are subject to tortious interference with contracts claims

assistant: The best answer is B. holding that election of remedies did not apply because finance companys obtaining final judgment on contract claims against individual who signed contracts himself and also allegedly forged execution of company on the contracts was not inconsistent with suing the bank that was the first victim of the forger and then allegedly made false representations to finance company so that it would refinance the forgers debt with the bank
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the district court’s denial of his 28 U.S.C. § 2241 petition, challenging his guilty plea conviction and sentence for conspiracy to manufacture and distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846; and manufacturing methamphetamine, in violation of § 841(a)(1) and 18 U.S.C. § 2. We have jurisdiction pursuant to 28 U.S.C. § 2253. Reviewing de novo, see Tripati v. Henman, 843 F.2d 1160, 1162 (9th Cir.1988), we affirm. Brees may not challenge his conviction or sentence pursuant to a § 2241 petition because he has failed to demonstrate that any remedy pursuant to 28 U.S.C. § 2255 is inadequate or ineffective to test the legality of his detention. Moore v. Reno, 185 F.3d 1054, 1055 (9th Cir.1999) (per curiam); see Lorentsen v. Hood, 223 F.3d 950, 953 (9th Cir.2000) (<HOLDING>). Accordingly, the district court properly Options: A. holding that a district court lacks jurisdiction to review a second or successive 2255 motion where the movant failed to obtain authorization to file the motion from this court B. recognizing that 2241 is not available under the inadequateorineffectiveremedy escape hatch of 2255 merely because the court of appeals refuses to certify a second or successive motion under the gatekeeping provisions of 2255 C. holding that district court has no jurisdiction to decide unauthorized second or successive 2255 claims D. holding premagwood that where a first 2255 motion was granted so movant could file a direct appeal the second 2255 motion was not a successive motion under aedpa E. holding that a prisoner cannot use the savings clause of 28 usc 2241 to escape the restrictions on successive 2255 motions and the failure to raise an available claim earlier

assistant: The best answer is B. recognizing that 2241 is not available under the inadequateorineffectiveremedy escape hatch of 2255 merely because the court of appeals refuses to certify a second or successive motion under the gatekeeping provisions of 2255
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: of benefits in 1989 established a "pattern” of benefit increases such that the Plan's later rescission of the 1999 Benefits Increase, which was adopted ten years after the 1989 increase, violated the anti-cutback rule. We find this argument to be without merit as a matter of law. 18 . Thornton also alleges that the Board breached its fiduciary duty by favoring one class of Plan participants over another class, specifically by eliminating the 1999 Benefits Increase for pre-February 1, 1999 retirees while maintaining it for Plan participants retiring on or after that date. Thornton waived this argument on appeal, however, by waiting until his reply brief to address the issue, rather than raising it first in his opening brief. United States v. Perkins, 994 F.2d 1184, 1191 (6th Cir.1993) (<HOLDING>). 19 . 29 U.S.C. § 1132(a) states in relevant Options: A. holding that arguments raised for the first time in a reply brief are forfeited B. holding that an argument raised for the first time in a reply brief is waived C. holding that issue raised for the first time in reply brief was waived D. holding issues raised for the first time in a reply brief are not properly before this court E. holding that issues not raised before the district court cannot be raised for the first time before this court

assistant: The best answer is D. holding issues raised for the first time in a reply brief are not properly before this court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the vehicle, and she later decided to sell the truck to [the grandson]. This was not enough to perfect a security interest in the property....” State’s brief, p. 9. That argument basically asserts three premises: (1) that a “bona fide lienholder” is one who holds a “perfected security interest” in personal property subject to forfeiture; (2) that a security interest cannot be formed without a written contract; and (3) that the failure to list a lienholder with a perfected security interest on a certificate of title of an automobile indicates the nonexistence of a perfected security interest in the automobile. Each of those propositions are not so necessarily self-evident that they do not require some citation to legal authority. See Ex parte Dekle, 991 So.2d 1257, 1262 (Ala.2008) (<HOLDING>). However, the State has provided this court Options: A. holding that appellant must cite legal authority for propositions of law that are not selfevident citing state farm mut auto ins co v motley 909 so2d 806 822 ala2005 B. holding that an appellant waived a claim where he failed to cite any legal authority in support of an argument in his appellate brief C. holding this court does not consider issues not supported by propositions of law authority or argument D. holding cases are not authority for propositions not considered E. holding an argument waived for failure to cite authority

assistant: The best answer is A. holding that appellant must cite legal authority for propositions of law that are not selfevident citing state farm mut auto ins co v motley 909 so2d 806 822 ala2005
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 release executed by an Employee (in a form to be provided to the Employee by the Plan Administrator, within five days of the Termination Date in its sole and absolute discretion) under which, among other things, the Employee releases and discharges all Employers and related entities (as well as any third party for whom the employee provides services on the Employer’s behalf) from all claims and liabilities relating to the Employee’s employment with the Employer and/or the termination of the Employee’s employment, including without limitation, claims under the Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, where applicable, the California Fair Employment and Housing Act, the California Labor Code Sections 200 et seq., 510 et seq., 970 and 1959 et seq., defamation provisions of California Civil Code Section 44 et seq., and the New York State and City Human Rights Laws (and similar laws of any other state).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Indenture Trustee and the Servicer shall reasonably cooperate with the Depositor in connection with the satisfaction of the Depositor’s reporting requirements under the Exchange Act with respect to the Issuer. The Depositor shall not exercise its right to request delivery of information or other performance under these provisions other than in good faith. In addition to the other information specified in this Article , if so requested by the Depositor for the purpose of satisfying its reporting obligation under the Exchange Act, the Indenture Trustee and the Servicer shall provide the Depositor with (i) such information which is available to such Person without unreasonable effort or expense and within such timeframe as may be reasonably requested by the Depositor to comply with the Depositor’s reporting obligations under the Exchange Act and (ii) to the extent such Person is a party (and the Depositor is not a party) to any agreement or amendment required to be filed, copies of such agreement or amendment in EDGAR-compatible form. Each of the Servicer and the Indenture Trustee acknowledges that interpretations of the requirements of Regulation AB may change over time, whether due to interpretive guidance provided by the Commission or its staff, consensus among participants in the asset-backed securities markets, advice of counsel, or otherwise, and agrees to comply with requests made by the Depositor in good faith for delivery of information under these provisions on the basis of evolving interpretations of Regulation AB.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company agrees to indemnify you and hold you harmless to the fullest extent permitted by law for any action or inaction by you while serving as an executive officer and director of the Company or, at the Company’s request, as an executive officer or director of any other entity or as a fiduciary of any benefit plan. The Company shall cover you under directors’ and officers’ liability insurance after the Transition Date in the same amount and to the same extent as the Company covers its other executive officers and directors.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: neither the service nor blizzard entertainment 's agreement to provide access to the service shall be considered a rental or lease of time on or capacity of blizzard entertainment 's servers or other technology .

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: that Bloom was subject to potential economic injury even if she had not suffered actual economic injury. In addition, his argument fails to acknowledge Bloom’s frustration and anxiety and the injury to the profession. ¶24 First, Behrman’s failure to pursue Bloom’s claim against Party Planet resulted in both actual injury (she was deprived of those funds between 2001 and 2004) and potential injury (her debt collection claim could have become worthless when the debtor went bankrupt several years after Behrman was supposed to collect the debt). Second, Behrman caused actual or potential injury when he failed to communicate with Bloom for four years about her claim, her file, and his billing statement. See In re Disciplinary Proceeding Against Burtch, 112 Wn.2d 19, 27, 770 P.2d 174 (1989) (<HOLDING>). Third, Behrman caused potential injury when Options: A. holding that client agitation and damage to the profession caused by lawyers neglect were sufficient injury to justify suspension B. holding that a landowner who lost a strip of property to a highway widening project could not recover losses caused by concurrent placement of a median strip because when less than the entire property is taken compensation for damage to the remainder can be awarded only if such damage is caused by the taking and cjonstruction of the median not the taking caused the alleged damage C. holding that your work exclusion is triggered only where the damage at issue is to work performed by you and is caused by work performed by you and does not apply to damage caused to original construction of a house during later repair work D. holding that unintended damage to a pipeline caused by the defective coating supplied by insureds subsidiary was caused by an occurrence within the meaning of the liability policy E. holding that damage to realty was not excluded from coverage if such damage resulted from subsidence caused by something other than soil condition despite homeowners experts description of the damage as settling

assistant: The best answer is A. holding that client agitation and damage to the profession caused by lawyers neglect were sufficient injury to justify suspension
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: 2009 filing well outside the limitations period. The fact that Mr. Gobert filed an Application for Post Conviction Relief/Appeal Out of Time in July 2009 does not change this result. First, although the filing of a state motion for post-conviction relief tolls the § 2244(d)(1)(A) limitations period, see 28 U.S.C. § 2244(d)(2), no tolling occurred here because Mr. Gobert’s state motion for post-conviction relief was filed after the § 2241(d)(1)(A) limitations period had already expired. Fisher v. Gibson, 262 F.3d 1135, 1142-43 (10th Cir. 2001). Second, because the Oklahoma courts denied Mr. Gobert’s request to appeal out of time, these proceedings do not count toward the direct review process for purposes of § 2244(d)(1)(A). See Orange v. Calbone, 318 F.3d 1167, 1170-71 (10th Cir.2003) (<HOLDING>). Nor do we find a basis for equitable tolling. Options: A. holding that the plaintiffs motion for extension of time to file appeal qualified as a notice of appeal because it met the requirements of rule 4 of the federal rules of appellate procedure B. holding that an issue not raised on direct appeal of sentence is barred by the law of the case from presentation in a subsequent appeal C. holding that equitable tolling of the time to file a notice of appeal is not permitted D. holding that because ohio law required ineffectiveassistanceofcounsel claims be raised in an application to reopen the direct appeal of the criminal case such claims were part of the direct appeal entitling defendant to the assistance of counsel E. holding that the granting of an application to file an appeal out of time is considered part of the direct appeal process under oklahoma law

assistant: The best answer is E. holding that the granting of an application to file an appeal out of time is considered part of the direct appeal process under oklahoma law
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: by making any user content available through services , you grant to niantic a nonexclusive , perpetual , irrevocable , transferable , sublicensable , worldwide , royalty-free license to use , copy , modify , create derivative works based upon , publicly display , publicly perform , and distribute your user content in connection with operating and providing the services and content to you and to other account holders .

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: motion[,] disciplining or resignation of chief executive officer and/or comptroller pursuant to [state statute].” The Revised Agenda was posted at 8:24 a.m. on Monday, June 30, 2008, one full day prior to the July 1, 2008 meeting at which Plaintiff was terminated. It is not disputed that Plaintiff received the Revised Agenda on the morning of June 30, 2008. The Court rejects Plaintiffs argument that the Revised .Agenda’s language is too broad to put a reasonable employee on notice that adverse job consequences, up to and including termination, were a potential outcome of the meeting. Instead, the Revised Agenda — which included the words “employment,” “resignation,” “demotion,” and “discipline” as topics of discussion — was sufficient to warn Plaintiff that termination and/ Cir.1989) (<HOLDING>). Finally, Plaintiffs own deposition testimony Options: A. holding that an isolated incident in which an employee used profanity in a telephone conversation with her supervisor did not constitute misconduct sufficient to cut off unemployment benefits B. holding that verbal notice was sufficient C. holding that oral notice of charges during a facetoface conversation with supervisor where employee was fired during same conversation was sufficient notice D. holding that notice to supervisor is notice to city E. holding that substantial compliance with notice is sufficient

assistant: The best answer is C. holding that oral notice of charges during a facetoface conversation with supervisor where employee was fired during same conversation was sufficient notice
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: evidence linking any of the 54 nonparty victims to Nevada, but neither did the evidence establish that none of the victims were Nevada residents. This gap in the evidence was critical because the jury heard plaintiffs’ counsel assert that Nevada residents purchased Ford truck models affected by the rollaway problem in disproportionate numbers. Thus, jury members may have assumed that at least some of the 54 nonparty victims lived in Nevada. To remedy the due process violation, we may either remand for a new trial on punitive damages or “change ... the level of the punitive damages award.” Williams, 127 S.Ct. at 1065. We conclude that a new trial on punitive damages is the proper remedy. See Werbungs Und Commerz Union Austalt v. Collectors’ Guild, Ltd., 930 F.2d 1021, 1027 (2d Cir.1991) (<HOLDING>). On remand, the district court must explain to Options: A. holding that remittitur is not designed to compensate for excessive verdicts in cases where jury is improperly instructed B. holding that in excessive force cases the threshold question for the court is whether the officers conduct violated a clearly established constitutional right C. recognizing that the district court could merge duplicative convictions after the jury verdicts are recorded D. recognizing validity of these rules and noting that their principal purpose is to prevent fishing expeditions in search of information with which to impeach jury verdicts E. holding that the sixth amendments right to trial by jury was not violated by eleventoone and tentotwo guilty verdicts in state noncapital cases

assistant: The best answer is A. holding that remittitur is not designed to compensate for excessive verdicts in cases where jury is improperly instructed
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: this three-hour period in reliance on Dickerson’s statement that they had a deal. As a general rule, part “performance or a change in position in reliance on an oral contract to convey land will estop a defendant from raising the Statute of Frau 1947) (noting mere nonperformance of an oral contract within the statute of frauds does not constitute fraud) (citations omitted). Moreover, a fundamental exception to the general notice pleading requirement in Massachusetts is that allegations of fraud shall be stated “with particularity.” Mass.R.Civ.P. 9(b). Normally, this means that the pleading must state the time, place and content of the fraud and what was obtained or given up as a consequence of the fraud. See Wayne Investment, Inc. v. Gulf Oil Corp., 739 F.2d 11, 13 (1st Cir. 1984) (<HOLDING>); Friedman v. Jablonski, 371 Mass. 482 (1976). Options: A. holding a complaint failed to satisfy rule 9b where the allegations were lacking in detail B. holding that specific details about time place and substance of the fraud satisfy rule 9b C. holding plaintiffs speculations did not satisfy rule 9b requirements D. holding that charge of money laundering need not satisfy rule 9b E. holding a broad claim with no factual support was insufficient to satisfy rule 9b

assistant: The best answer is C. holding plaintiffs speculations did not satisfy rule 9b requirements
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise disclosed by the Environmental Report, to Borrower’s Knowledge, (a) there are no Hazardous Substances or underground storage tanks in, on, or under the Property, except those that are (i) in compliance with Environmental Laws and with permits issued pursuant thereto (to the extent such permits are required under Environmental Law) in all material respects, and (ii) in amounts not in excess of that necessary to operate the Property for the purposes set forth in the Loan Agreement which will not result in an environmental condition in, on or under the Property; (b) there are no past, present or threatened Releases of Hazardous Substances in, on, under or from the Property which have not been fully remediated in accordance with Environmental Law; (c) there in not, and Borrower has no Knowledge of and has not received any written notice or other communication relating to any existing threat of any Release of Hazardous Substances migrating onto the Property; (d) there is no past or present non-compliance with Environmental Laws, or with permits issued pursuant thereto, in connection with the Property which has not been remediated in all material respects in accordance with Environmental Law; (e) there are not, and Borrower has not received, any written notice or other written communication from any Person (including but not limited to a Governmental Authority) relating to any of the following: (i) any Release or threatened Release of Hazardous Substances at, on or from the Property or the Remediation thereof, (ii) of possible liability of Borrower or any Person pursuant to any Environmental Law arising out of or in connection with the Property, (iii) other environmental conditions in connection with the Property that could reasonably be expected to result in the Borrower incurring material liability under Environmental Law, or (iv) any actual or potential administrative or judicial proceedings in connection with any of the foregoing; and (f) Borrower has truthfully and fully disclosed to Administrative Agent, in writing, any and all material information in Borrower’s or Mortgage Borrower’s possession or otherwise known or available to Borrower relating to any material environmental conditions in, on, under or from the Properties or any Releases or threatened Releases of Hazardous Substances.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment No. 2 may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures provided by facsimile transmission or in Adobe TM Portable Document Format (PDF) sent by electronic mail shall be deemed to be original signatures.

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: term of the probation, the trial court should be able to weigh that violation in its reevaluation of whether the defendant should be or should have been granted probation.... Once a defendant has been sentenced, the court may revoke or modify probation, upon a proper showing of a violation, at any time before the completion of the probationary period. Gardner v. State, 678 N.E.2d 398, 401 (Ind.Ct.App.1997) (internal citations and footnote omitted). Pugh claims the trial court abused its discretion by revoking her probation because her only probation violation was drinking vodka. Courts of this state have held on numerous occasions that the use of alcohol or drugs was sufficient to support the trial court's revocation of probation. See, e.g., Cox v. State, 706 N.E.2d 547, 552 (Ind.1999) (<HOLDING>), reh'g denied; Crump, 740 N.E.2d at 573 Options: A. holding probation revocation is not a stage of a criminal prosecution B. holding trial court did not abuse its discretion in revoking defendants probation when urinalysis tested positive for use of morphine C. holding that standard for revocation of probation is preponderance of the evidence D. holding defendant cannot establish prejudice merely by alleging court held probation revocation hearing after defendants period of probation expired E. holding defendants positive urinalysis test for marijuana use was sufficient to support revocation of defendants probation

assistant: The best answer is E. holding defendants positive urinalysis test for marijuana use was sufficient to support revocation of defendants probation
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 in multiple counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same Agreement, which shall be sufficiently evidenced for all purposes by any one executed counterpart.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterparts (including by telecopy and electronic transmission), and all of such counterparts taken together shall be deemed to constitute one and the same instrument. A set of the copies of this Agreement signed by all the parties shall be delivered to the Parent Borrower and the Administrative Agent.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement may not be released, discharged, abandoned, changed or modified in any manner, except by an instrument in writing signed by Employee and the Chair of the Board. The failure of any Party to enforce at any time any of the provisions of this Agreement shall in no way be construed as a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part thereof or the right of any Party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

assistant: Enforceability
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: corporation that is organized exclusively for religious purposes, nor does the City assert that the Archdiocese operates the subject properties in a for profit manner. There is no dispute with respect to the statute’s requirement limiting the amount of land (five acres) that may enjoy exemption with respect to a given improvement. Thus, the only issue for this court to resolve is whether the properties were actually and exclusively used for religious worship or religious purposes. The First Amendment to the U.S. Constitution generally provides for protections of religious freedom. U.S. Const, amend I. However, such protections are not absolute, and burdens, including tax burdens are permitted. See, e.g., United States v. Lee, 455 U.S. 252, 102 S.Ct. 1051, 71 L.Ed.2d 127 (1982) (<HOLDING>); South Ridge Baptist Church v. Indus. Comm’n Options: A. holding that the imposition of a life sentence on a juvenile does not violate the holding of roper B. holding that imposition of government fees did not violate exempt status of religious organization C. holding that imposition of social security taxes on persons who object to the receipt or payment of public insurance benefits on religious grounds does not violate the first amendment D. holding that offset for social security retirement benefits does not include federal disability benefits and stating that there was no legislative intent to embody the entire subchapter of the social security act dealing with both disability benefits and old age benefits E. holding that use of social security benefits satisfied child support obligation

assistant: The best answer is C. holding that imposition of social security taxes on persons who object to the receipt or payment of public insurance benefits on religious grounds does not violate the first amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: chief executive of Healthmaster would occur if she had accepted a bribe from a party negotiating with Healthmaster to Healthmaster’s detriment. In contrast, she contends that “false statements on the cost reports submitted to a fiscal intermediary for the Government do not implicate such a trust relationship.” Appellant’s Brief at 26. Significantly, when an arm’s length relationship existed between the defendant and the victim such that the discretionary authority entrusted to the defendant was not directly from the victim, a section 3B1.3 enhancement was held to be improper. See, e.g., Jolly, 102 F.3d at 48-50 (concluding that president of corporation did not stand in a position of trust relative to creditors of the corporation); United States v. West, 56 F.3d 216, 221 (D.C.Cir.1995) (<HOLDING>); Brunson, 54 F.3d at 675-78 (determining that Options: A. holding that plaintiffs failure to mention vice president of thirdparty company in initial disclosures was harmless because plaintiffs mentioned president of company and defendants conducted no discovery of company B. holding that the applicable rule of procedure vests a successor judge with judicial discretion to review the jury verdict on a motion for new trial on the ground that such verdict was contrary to the weight of the evidence where the record clearly discloses that no question of the credibility of the witnesses or the weight to be given to their testimony will require resolution by him C. holding that an insurance company may have assumed a duty to defend a customer against a tort claim falling outside the scope of the customers insurance contract where a claims person told the customer over the telephone that the insurer would take care of it and the insurer shortly thereafter hired a lawyer to represent the customer D. holding that dnrs exercise of task assigned to it by legislature invariably involved exercise of agency discretion and did not constitute regulation under apa nor abuse of discretion E. holding that title of president carried no special weight because it was not the position in the company but the exercise of managerial and professional discretion with re spect to the task hired by a customer to perform that determined eligibility for abuseoftrust enhancement

assistant: The best answer is E. holding that title of president carried no special weight because it was not the position in the company but the exercise of managerial and professional discretion with re spect to the task hired by a customer to perform that determined eligibility for abuseoftrust enhancement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is led around by others? Is his conduct in response to external stimuli rational and appropriate, regardless of whether it is socially acceptable? Does he respond coherently, rationally, and on point to oral or written questions or do his responses wander from subject to subject? Can the person hide facts or lie effectively in his own or others’ interests? Putting aside any heinousness or gruesomeness surrounding the capital offense, did the commission of that offense require forethought, planning, and complex execution of purpose? Id. at 8-9. Although a jury determined the issue of mental retardation in this case, it is important to note at the outset that a jury determination of mental retardation is not required. See Schriro v. Smith, 546 U.S. 6, 7, 126 S.Ct. 7, 163 L.Ed.2d 6 (2005) (<HOLDING>); see also Briseno, 135 S.W.3d at 9 (holding Options: A. holding that the ninth circuit erred in requiring arizona courts to conduct a jury trial to resolve mentalretardation claim B. holding trial court erred in giving jury instruction requiring scienter in franchise fraud case C. holding that the ninth circuit erred because the state appellate courts conclusion that one incorrect statement in jury instructions did not render the instructions likely to mislead the jury was not unreasonable D. holding that the sixth circuit erred in finding that the state courts jury instructions were contrary to clearly established federal law E. holding that the ninth circuit erred by failing to defer to the bias reasonable interpretation of the ina

assistant: The best answer is A. holding that the ninth circuit erred in requiring arizona courts to conduct a jury trial to resolve mentalretardation claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by a plausible basis in the record. Secretary’s Br. at 7-8. Furthermore, the Secretary argues that a remand for readjudication in light of the enactment of the VCAA is not required because “the record fails to reveal the necessity for additional development ... [and the a]ppellant has been given adequate notice which detailed the law and evidence necessary to establish his claim.” Secretary’s Br. at 10. In his reply, the appellant argues that the BVA decision should be vacated and the matters remanded because of “the Board’s failure to make a finding on the question of whether the VCAA applies.” Appellant’s Reply at 1. Initially, the Court notes that it will address only those arguments adequately raised by the appellant in his briefs. See Ford v. Gober, 10 Vet.App. 531, 535-36 (1997) (<HOLDING>); Grivois v. Brown, 6 Vet.App. 136, 138 (1994); Options: A. holding that the court has discretion not to consider an issue abandoned on appeal B. holding that an issue not presented to the trial court will not be considered on appeal C. holding that claims presented to bva and not pursued on appeal are considered abandoned D. holding that issues not argued on appeal are deemed abandoned E. holding that a deposition that was not presented to the trial court could not be considered on appeal

assistant: The best answer is C. holding that claims presented to bva and not pursued on appeal are considered abandoned
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: 9 (3d Cir. 1992). 29 . Riley v. Kennedy, 553 U.S. 406, 419, 128 S.Ct. 1970, 170 L.Ed.2d 837 (2008). 30 . Michelson v. Citicorp Nat'l Servs., Inc., 138 F.3d 508, 513 (3d Cir. 1998) (internal quotation marks omitted). 31 . This Court and others have also recognized that a voluntary dismissal with prejudice constitutes a final order, thereby making interlocutory orders appealable. See, e.g., Blue v. D.C. Pub. Schs., 764 F.3d 11, 17 (D.C. Cir. 2014) (stating that ''[e]very- circuit permits a plaintiff, in at least some circumstances, voluntarily to dismiss remaining claims or remaining parties from an action as a way to conclude the whole case in the district court and ready it for appeal” and collecting cases); M&K Welding, Inc. v. Leasing Partners, LLC, 386 F.3d 361, 364 (1st Cir. 2004) (<HOLDING>); O’Boyle v. Jiffy Lube Int'l, Inc., 866 F.2d Options: A. holding that a plaintiffs voluntary dismissal of his claims with prejudice constituted a final order that was appealable B. holding dismissal for failure to comply with rule 8 was dismissal of entire action which was appealable final order C. holding that the parties stipulation of dismissal with prejudice was a final judgment D. holding that because the claims were dismissed with prejudice there was a final judgment for purposes of appellate review E. holding in res judicata context that final judgment on the merits is synonymous with dismissal with prejudice

assistant: The best answer is C. holding that the parties stipulation of dismissal with prejudice was a final 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: The failure or delay of the Collateral Agent to insist in any instances upon the performance of any of the terms, covenants or conditions of this Agreement or other Financing Documents, or to exercise any right, remedy or privilege herein or therein conferred, shall not impair or be construed as thereafter waiving any such covenants, remedies, conditions or provisions, but every such term, condition and covenant shall continue and remain in full force and effect; nor shall any waiver of an Event of Default suspend, waive or affect any other Event of Default, whether the same is prior or subsequent thereto and whether of the same or of a different type.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Buyer may at any time send Sellers a notice showing the calculation of any amounts payable pursuant to this Article 12 , and Sellers shall pay such amounts to Buyer within the time period stated in the applicable provision of this Article 12 , or if no such time period is stated, within ten (10) Business Days after Sellers receives such notice. Each Party’s obligations under this Article 12 shall survive any assignment of rights by, or the replacement of Buyer, the termination of the Transactions and the repayment, satisfaction or discharge of all obligations under any Repurchase Document.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: including all resulting loss of use of that property” or “[l]oss of use of tangible property that is not physically injured.” (Nautilus Mot. Summ. J., Ex. D at CGL Coverage Form, Sec. V, ¶ 17; Century Mot. Summ. J., Ex. B at 22.) Costs incurred to prevent future occurrences that may cause damage to property or life may be considered property damage as well. See U.S. Fid. & Guar. Co. v. Nev. Cement Co., 93 Nev. 179, 561 P.2d 1335, 1336-38 (1977) (finding the insured should not be penalized for taking measures to prevent the collapse of a building constructed with defective cement, and that the preventative measures were property damage under the policy); see also Desert Mountain Props. Ltd. P’ship v. Liberty Mut. Fire Ins. Co., 225 Ariz. 194, 236 P.3d 421, 437-38 (Ariz.Ct.App.2010) (<HOLDING>). To find otherwise would require the insured Options: A. holding that the rights of an aggrieved party are substantially affected if the outcome either would have or may have been different had the error not occurred B. holding that the proper measure of damages was the present value of all unaccrued payments that the plaintiff would have received if the contract had been performed C. recognizing nlrb authority to take measures designed to recreate the conditions and relationships that would have been had there been no unfair labor practice D. holding that the core inquiry is whether the police would have discovered the evidence if the misconduct had not occurred E. holding preventative measures are covered if the damage intended to be prevented probably would have occurred during the policy period if the preventative measures had not been performed

assistant: The best answer is E. holding preventative measures are covered if the damage intended to be prevented probably would have occurred during the policy period if the preventative measures had not been performed
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 any provision of this Agreement is declared by a court of competent jurisdiction to be void or unenforceable or become unlawful in its operation, such provision shall not affect the rights and duties of the parties with regard to the remaining provisions of this Agreement which shall continue as binding.

assistant: Severability