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: very fact that an alternative deadline is tied to the schedule for collection of the tax verifies this reading of “tax year.” {¶ 18} Finally, our construction of “tax year” is borne out by the BTA’s consistent application of this deadline for filing valuation complaints; in both of the following BTA cases, the BTA found that jurisdiction did not exist, based upon the “tax year” constituting the year when the value was determined — what Toledo calls the “assessment year” as opposed to the “collection year.” See Strongsville Bd. of Edn. v. Cuyahoga Cty. Bd. of Revision (Apr. 8, 1994), B.T.A. Nos. 1993-K-1088 and 1993-K-1089 (complaint filed in March 1992 found to be untimely to contest value as assessed for 1990); Bill v. Ottawa Cty. Bd. of Revision (Nov. 5, 2004), B.T.A. No. 2004-A-920 (<HOLDING>). {¶ 19} For the foregoing reasons, we hold Options: A. holding that a complaint contesting a propertys valuation for tax years 19881994 would have had to have been filed by march 31 of the year following the tax year in question ie march 31 1989 through march 31 1995 B. holding refund of discriminatory tax required because predeprivation remedy not clearly available for tax years at issue C. holding that determination of a tax refund for a particular tax year creates a single claim under rule 54b because the total tax liability for each taxable year constitutes a single unified cause of action regardless of the variety of contested issues and points that may bear on the final computation quoting finley v united states 612 f2d 166 170 5th cir 1980 but determination of a single issue for a single tax year was not resolution of a unified cause of action D. holding that state legislature should determine whether to cure discriminatory tax by enforcing tax as to all or forgiving tax in its entirety E. holding that agency could not claim confidentiality for tax returns that had been exhibits in tax court and were therefore public records

assistant: The best answer is A. holding that a complaint contesting a propertys valuation for tax years 19881994 would have had to have been filed by march 31 of the year following the tax year in question ie march 31 1989 through march 31 1995
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 set forth in this Section 16.1 , this Agreement may not be assigned by either Party without the prior written consent of the other Party, which shall not be unreasonably withheld. This Agreement shall be binding on and shall inure to the benefit of each Parties’ successors and assigns. Heska may assign this Agreement to: (i) any of its majority owned Affiliates; or (ii) any person or entity that acquires substantially all of the business or assets of Heska or substantially all of the business segment relating to the Products that are the subject of this Agreement; provided, however, Mindray shall have the right to reject such assignment if in Mindray's reasonable judgment such assignment is to a person or entity that manufactures, distributes or sells a competitive product to the Products.

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: and the day that she had contacted the Union about a grievance, which was May 10 or May 11.” (Horst Dec. ¶ 8.) 15 . The principles governing summary judgment are well-established and are the lens through which the record must be viewed. In essence, summary judgment is appropriate only when there is no issue of material fact and the movant is entitled to judgment as a matter of law. Rule 56(c), Fed.R.Civ.P. Put differently, the movant is entitled to judgment as a matter of law where, “the n px. 527, 530-31 (7th Cir.2001) (affirming that employee's request to his union representative for "help” with respect to his termination "was not specific enough to trigger the union's duty to file a grievance.”). 17 . See Murman v. Renold Power Transmission Corp., 632 F.Supp. 853, 854 (M.D.Pa.1985) (<HOLDING>); Flanigan v. Local 671, Intern. Brotherhood of Options: A. holding that a union may breach its duty of fair representation by rejecting an employees interpretation of the collective bargaining agreement if the unions interpretation is itself arbitrary or unreasonable B. holding that where an employee has never requested the union to file a grievance the employee can hardly argue a breach of the duty of fair representation on the unions part C. holding that where employee cannot establish unions breach of duty of fair representation in failing to process grievance he must abide the outcome of the contractual remedies D. holding that employee did not invoke grievance procedure where he never mentioned the word grievance to the union and where he never asked the union to take any action on his behalf E. holding that in the grievance representation context an employee must prove that the unions acts tainted the grievance procedure such that the outcome was more than likely affected by the unions breach internal citation and quotation omitted

assistant: The best answer is B. holding that where an employee has never requested the union to file a grievance the employee can hardly argue a breach of the duty of fair representation on the unions part
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the privacy statement also describes how microsoft uses your content , which is your communications with others ; postings or feedback submitted by you to microsoft via the services ; and the files , photos , documents , audio , digital works , and videos that you upload , store or share through the services ( `` your content '' ) .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: States, 432 U.S. 137, 155, 97 S.Ct. 2207, 53 L.Ed.2d 168 (1977); United States v. Hebeka, 89 F.3d 279, 282 (6th Cir.1996), cert. denied, 519 U.S. 999, 117 S.Ct. 496, 136 L.Ed.2d 388 (1996). If this step is inconclusive then to determine whether a defendant has been subjected to successive prosecutions for the same offense, the court must apply the same elements test. Ball v. United States, 470 U.S. 856, 861, 105 S.Ct. 1668, 84 L.Ed.2d 740 (1985); Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932); Murr v. United States, 200 F.3d 895, 900 (6th Cir.2000); United States v. Forman, 180 F.3d 766, 768-69 (6th Cir.1999). The same elements test consists of examining the two statutes in question and determining whether each statut 105 S.Ct. 2407, 85 L.Ed.2d 764 (1985)(<HOLDING>). If violation of one of the statutes entails Options: A. holding that convictions for the crimes of conspiracy and continuing criminal enterprise violate double jeopardy B. holding that suspension of driving privileges is not punishment and does not violate an individuals right not to be subject to double jeopardy or constitute a disproportionate penalty C. holding that civil forfeitures are neither punishment nor criminal for purposes of the double jeopardy clause D. holding that conviction of and punishment for both the underlying predicate offense and continuing criminal enterprise does not violate double jeopardy E. holding that conviction did not violate double jeopardy where jury was empaneled and sworn in criminal trial before defendant filed answer to forfeiture complaint

assistant: The best answer is D. holding that conviction of and punishment for both the underlying predicate offense and continuing criminal enterprise does not violate double jeopardy
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: 582 (1982) (noting that Judge Learned Hand considered promissory estoppel to be a “recognized species of consideration,” while Justice Cardozo countervailingly thought it “a substitute for consideration”). Notwithstanding the foregoing colloquy, in which Weavertown seemed to imply a promissory estoppel argument, the trial court did not reach that matter in its opinion, presumably because its finding of adequate consideration made further discussion superfluous. Because we find that the trial court erred in its finding of consideration, we address whether promissory estoppel, which Weavertown briefed, Brief for Appellee at 8-5, provides an alternative basis on which to affirm the trial court’s order. See Keystone Spray Equip., Inc. v. Regis Ins. Co., 767 A.2d 572, 576 (Pa.Super.2001) (<HOLDING>). ¶ 18 This Court has stated the promissory Options: A. holding that where the trial court reaches a correct disposition this court can affirm on any basis B. recognizing this court may affirm for any reason supported by the record C. holding that the appeals court may affirm the ruling of the district court on any basis which the record supports D. recognizing that the court of appeals can affirm a grant on summary judgment on any basis made apparent by the record E. holding that the tipsy coachman doctrine allows an appellate court to affirm a trial court that reaches the right result but for the wrong reasons so long as there is any basis which would support the judgment in the record

assistant: The best answer is A. holding that where the trial court reaches a correct disposition this court can affirm on any basis
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: you may cancel your account at any time by accessing the pokémon go help center , available at https://pokemongo.nianticlabs.com/support/delete/en .

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: extent that some common law immunity did exist against these four counts, by filing his own claim in this bankruptcy case, the receiver has submitted to this court’s jurisdiction over disputes concerning the allowance and disallowance of that claim. Such disputes, especially in light of section 502(d), include preference and fraudulent conveyance actions. See generally Langenkamp v. Culp, 498 U.S. at 44, 111 S.Ct. 330; In re Best Products Co., Inc., 1994 WL 141970; In re Parker North American Corp., 148 B.R. at 925. If the trustee is successful in obtaining a judgment on counts I through IV, I appreciate that federal common law appears to preclude his execution upon that judgment without leave of the Florida State court. See Smith v. American Industrial Research Corp., 665 F.2d at 400 (<HOLDING>); Commonwealth Trust Co. of Pittsburgh v. Options: A. holding that this court lacked preliminary authority to review the district courts jurisdiction because there was no immediately appealable order before the court B. holding such denial to be an immediately appealable collateral final order C. holding that an order from a nonappointing court requiring the receiver to immediately pay the judgment amount was invalid D. holding that an order requiring a prosecutor to disclose his notes from voir dire over a claim of workproduct privilege was immediately appealable under rule 313 E. holding an order refusing to enforce a settlement agreement is not immediately appealable because it does not prevent a judgment from being rendered in the action and appellant can seek review of the current order in any appeal from final judgment

assistant: The best answer is C. holding that an order from a nonappointing court requiring the receiver to immediately pay the judgment amount was invalid
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 section 1318 in Green and remanded the matter. Carpenter, 11 Vet.App. at 145-47. The Court’s interpretation in Green and Carpenter, both supra, of the “entitled to receive” language in section 1318(b) as allowing for a “hypothetically ... entitled to receive” theory established the existence of a substantive right because that interpretation recognized a group of claimants eligible for section 1318 DIC and that group was larger than the group VA had recognized. Prior to the Board’s 1998 initial adjudication of the appellant’s claim (and at least up until the time of the 2000 revision to § 3.22), this Court’s interpretation of section 1318(b) as allowing that theory was binding on VA in the adjudication of section 1318 DIC claims. See Tobler v. Derwinski, 2 Vet.App. 8, 14 (1991) (<HOLDING>); see also NOVA I, 260 F.3d at 1374 n. 8 Options: A. holding that decision of this court unless or until overturned by this court en banc the federal circuit or the supreme court is a decision of the court on the date it is issued any rulings interpretations or conclusions of law contained in such a decision are authoritative and binding as of the date the decision is issued and are to be considered and when applicable are to be followed by va agencies of original jurisdiction the board and the secretary in adjudicating and resolving claims B. 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 C. holding that we must follow a prior binding precedent unless and until it is overruled by this court en banc or by the supreme court quotation marks omitted D. holding that in the absence of an intervening supreme court decision only the en banc court may overrule a decision by a threejudge panel E. holding that circuit court decisions bind circuit unless and until overturned by the court en banc or by higher authority

assistant: The best answer is A. holding that decision of this court unless or until overturned by this court en banc the federal circuit or the supreme court is a decision of the court on the date it is issued any rulings interpretations or conclusions of law contained in such a decision are authoritative and binding as of the date the decision is issued and are to be considered and when applicable are to be followed by va agencies of original jurisdiction the board and the secretary in adjudicating and resolving claims
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: But jurisdiction is an issue distinct from and logically prior to the merits of a claim, and the Supreme Court has held that "the nonexistence of a cause of action [i]s no proper basis for a jurisdictional dismissal.” Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 96, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998) (discussing Bell v. Hood, 327 U.S. 678, 682, 66 S.Ct. 773, 90 L.Ed. 939 (1946)). Furthermore, this uncertainty in our jurisprudence has been flagged by several district courts, see, e.g., In re Vitamin C Antitrust Litig., 904 F.Supp.2d 310, 315 (E.D.N.Y.2012); Boyd v. AWB Ltd., 544 F.Supp.2d 236, 243 n. 6 (S.D.N.Y.2008), and we see no good reason to allow it to persist. See Morrison v. Nat’l Austrl. Bank Ltd., 561 U.S. 247, 254, 130 S.Ct. 2869, 177 L.Ed.2d 535 (2010) (<HOLDING>). 4 . The FTAIA is also codified in similar Options: A. holding that claims under 10b of the securities exchange act of 1934 were arbitrable under a predispute arbitration agreement B. holding of wilko equally applicable to cases arising under the securities exchange act of 1934 C. holding that claims under the securities act of 1934 and the rico statutes are arbitrable D. holding that the lower courts erred in finding that the question of the extraterritorial reach of 10b of the securities and exchange act of 1934 was jurisdictional even though nothing in the analysis of the courts below turned on this mistake E. holding that an implicit congressional intent to impose aiding and abetting liability could not plausibly be inferred from the statutory silence in 10b of the securities exchange act of 1934

assistant: The best answer is D. holding that the lower courts erred in finding that the question of the extraterritorial reach of 10b of the securities and exchange act of 1934 was jurisdictional even though nothing in the analysis of the courts below turned on this mistake
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 Plan sets forth the entire understanding of the Company with respect to the subject matter hereof and, with the exception of the Company’s Layoff Payment Plan and the Company’s 2015 Key Employee Severance Plan, supersedes all existing severance and change of control plans, agreements and understandings (whether oral or written) between the Company and the Participants with respect to the subject matter herein. The Plan may only be amended as expressly set forth above in Section 12.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: With respect to any Adjustment Year which does not fall entirely within the Term, Tenant shall be obligated to pay as Expense Adjustment, Utility Expense Adjustment and Tax Adjustment for such Adjustment Year only a pro rata share of Expense Adjustment, Utility Expense Adjustment and Tax Adjustment as hereinabove determined, based upon the number of days of the Term falling within the Adjustment Year. Following expiration or termination of this Lease, Tenant shall pay any Rent Adjustments due to Landlord within fifteen (15) days after the date of each Landlord's Statement sent to Tenant. Without limitation of other obligations of Tenant which shall survive the expiration of the Term, the obligation of Tenant to pay Rent Adjustments provided for in this Article 4 accruing during the Term shall survive the expiration or termination of this Lease.

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: Each of the Lenders (for purposes of this Article , references to the Lenders shall also mean the Issuing Banks) hereby irrevocably appoints The Bank of Tokyo-Mitsubishi UFJ, Ltd. to act on its behalf as the Agent hereunder and under the other Loan Documents and authorizes the Agent to take such actions on its behalf and to exercise such powers as are delegated to the Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. Except as set forth in Section 7.06 , the provisions of this Article are solely for the benefit of the Agent and the Lenders, and neither the Borrower nor any of its Affiliates shall have rights as a third party beneficiary of any of such provisions.

assistant: Authority
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 this Section 2.17 shall survive the resignation or replacement of the Administrative Agent or any assignment of rights by, or the replacement of, a Lender or Issuing Banks, the termination of the Revolving Commitments and the repayment, satisfaction or discharge of all obligations under any Loan Document.

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: All written notices required by this Agreement shall be deemed given when delivered personally or sent by registered or certified mail, return receipt requested, to the parties at their addresses set forth on the signature page of this Agreement. Each party may, from time to time, designate a different address to which notices should be sent by giving notice thereof in writing to the other party at least three days before the effective date of such change in address.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery, and performance of this Agreement does not and shall not: (a) violate any provision of law, rules or regulations applicable to it or any of its subsidiaries in any material respect; (b) violate its certificate of incorporation, bylaws, or other organizational documents or those of any of its subsidiaries; or (c) conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any contractual obligation to which it is a party, which conflict, breach, or default, would have a material adverse effect on the Restructuring Transactions.

assistant: No Conflicts
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 have not yet been accessed by their intended recipient. See, e.g., In re DoubleClick, Inc. Privacy Litig., 154 F.Supp.2d 497, 512 (S.D.N.Y.2001) (“Hit appears that [section 2510(17)(A)] is specifically targeted at communications temporarily stored by electronic communications services incident to their transmission — for example, when an email service stores a message until the addressee downloads it.”); United States v. Weaver, 636 F.Supp.2d 769, 771 (C.D.Ill.2009) ("Because the emails here have been opened, they are not in temporary, intermediate storage incidental to electronic transmission.”). Here, as noted above, Broome testified that she never accessed any of Husband's unopened emails. 4 . See, e.g., Hilderman v. Enea TekSci, Inc., 551 F.Supp.2d 1183, 1204-05 (S.D.Cal.2008) (<HOLDING>); In re DoubleClick, 154 F.Supp.2d at 511-13 Options: A. holding that subsection b did not apply because the communications at issue were not being stored by an electronic communication service B. holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca C. holding that promises of a future business relationship not contemplated by the sales contract would not be barred by the doctrine D. holding that the only statements not disclosed were the probation officers recommendations which did not constitute factual information as contemplated by the statute E. holding that email messages stored on a computer but not yet read were in electronic storage

assistant: The best answer is B. holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca
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: On the Effective Date, all reasonable costs, fees and expenses (including, without limitation, legal fees and expenses) payable under the terms of this Agreement (or any letter or other agreement with the Agents) to the Agents and the Lenders shall have been paid to the extent due.

assistant: 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 case excerpt and choose the best holding from the options. Case excerpt: is the difference in value before the damage to the property (the usable equipment value reflected on the Rosen Report) and the value (as scrap) after the damage to the property. See, e.g., Roman Catholic Church of the Archdiocese of New Orleans v. La. Gas moval of the tags, Orion stopped doing so and returned all of the tags to Syracuse. (FOF 175.) Syracuse did not dispute that he had all of the original tags (in fact, he introduced copies of them into evidence). (FOF 175.) Orion offered to have the tags reattached by its contractor, but Syracuse never accepted that offer or arranged to have the tags reattached himself. (FOF 176.) Because Syracuse took no steps to reattach the certification plates, the Court finds that he failed to mitigate his damages. Therefore, the Cou App.1983) (<HOLDING>). While this may preclude relief on Syracuse’s Options: A. holding party in breach could not maintain suit for breach of contract B. holding that a party cannot claim damages for breach of contract unless he has shown his full compliance with the contract and is not acting in bad faith C. holding that party may not recover damages for breach of contract where its own bad faith caused the other partys breach D. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract E. holding that an insurance contract between the parties and a breach thereof by the defendant is an element of a bad faith refusal claim

assistant: The best answer is B. holding that a party cannot claim damages for breach of contract unless he has shown his full compliance with the contract and is not acting in bad faith
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 Pledgor agrees that, from time to time upon the written request of the Pledgee, it will execute and deliver such further documents and do such other acts and things as the Pledgee may reasonably request in order fully to effect the purposes of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Purchaser and the Parent Companyare corporations validly existing and in good standing under the laws of the State of Florida, and has all requisite power and authority to own, lease and operate its properties and to carry on its business as now being conducted.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Schedules . The information in the Disclosure Schedules constitutes exceptions or qualifications to representations and warranties of each Seller as set forth in this Agreement. Any disclosure made in the Disclosure Schedules shall be deemed to be disclosures made with respect to all representations and warranties contained in this Agreement to the extent reasonably apparent on their face, regardless of whether or not a specific cross-reference is made thereto. No disclosure on the Disclosure Schedules relating to a possible breach or violation of any contract or Law shall be construed as an admission or indication that a breach or violation exists or has actually occurred. Capitalized terms used in the Disclosure Schedules that are not defined therein shall have the meaning given them in this Agreement.

assistant: Disclosures
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: See New Cingular Wireless Servs., 232 F.R.D. at 300 (rejecting an argument that a class representative was inadequate because he could not show that he “recall[ed] the terms of a settlement for a case he was previously involved in, or that he was aware that his attorneys had filed certain motions in the current case”). Based on the foregoing, the Court finds that Murray’s involvement in the litigation weighs in favor of finding him an adequate class representative. E*Trade also argues that Murray lacks sufficient understanding of the issues involved in his FCRA suit. A class representative, however, is not required to understand the intricacies of the suit. See Margolis v. Caterpillar, Inc., 815 F.Supp.1150, 1154 (C.D.Ill.1991); New Cingular Wireless Servs., 232 F.R.D. at 300 (<HOLDING>); Cavin, 236 F.R.D. at 394 (same). It is enough Options: A. holding that the mere existence of individualized factual questions with respect to the class representatives claim will not bar class certification B. holding that class representatives cannot appear pro se C. holding that a class representatives ignorance of the case is not a bar to certification unless it impairs the representatives ability to vigorously prosecute the action D. holding that awards of 2500 to majority of representatives and 5000 to deposed representatives were inappropriate where representatives had borne little risk by participating in litigation and provided services that could have been provided by any other class member E. recognizing that the number of class representatives is not significant under rule 23a

assistant: The best answer is C. holding that a class representatives ignorance of the case is not a bar to certification unless it impairs the representatives ability to vigorously prosecute the action
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: violating the First Amendment. Beyond their general reliance on R.A.V., the defendants are imprecise as to the specifics of their First Amendment contention. Nonetheless, we will briefly explain why the First Amendment does not bar their convictions and sentences on any of the usual grounds: first, the statutes under which the defendants were prosecuted, 18 U.S.C. § 241, 18 U.S.C. § 844(h), and 42 U.S.C. § 3631, are facially valid; second, the statutes are not unconstitutionally vague or overbroad; and, third, the statutes are not unconstitutional as applied in this ease. We will then explain why prosecu-torial comments about the defendants’ racial animus and Klan membership were permissible, and why the district court’s comments on the same subjects at sentencing wer 1 (9th Cir.) (<HOLDING>), cert. denied, 484 U.S. 860, 108 S.Ct. 173, 98 Options: A. holding 3631 not vague or overbroad B. holding that the prohibition against fighting in fla admin code r 33601314 24 was not unconstitutionally vague or overbroad C. holding the ordinance as applied to entertainers performing at a sexuallyoriented business is not unconstitutionally vague or overbroad D. holding 241 not vague or overbroad E. holding 241 and 3631 not vague

assistant: The best answer is A. holding 3631 not vague or overbroad
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions in the Plan regarding Termination shall not apply to the Options. The Options shall remain outstanding and exercisable until the Expiration Date (unless exercised sooner or repurchased pursuant to Section 8 below).

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: Any and all other rights of Borrower in and to the items set forth in subsections (a) through (h) above, and all amendments, modifications, replacements, renewals, extensions, supplements, restatements and substitutions thereof.

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: If any provision of this Agreement or application thereof to anyone or under any circumstances is adjudicated to be invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall not affect any other provision or application of this Agreement that can be given effect without the invalid or unenforceable provision or application and shall not invalidate or render unenforceable such provision or application in any other jurisdiction. If any provision is held void, invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Any Lender may, in connection with any actual or proposed assignment or participation pursuant to Section 8.07, disclose to the actual or proposed assignee or participant any information relating to any Loan Party furnished to such Lender by or on behalf of such Loan Party; provided that, to the extent required pursuant to Section 8.02(d), the actual or proposed assignee or participant shall have agreed prior to any such disclosure to preserve the confidentiality of any confidential information relating to such Loan Party received by it from such Lender or such Loan Party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: From and following the Closing Date, except as expressly set forth in this Agreement, Loans and the other Obligations shall bear interest at the sum of the LIBOR Rate plus the Applicable Margin. Interest on the Loans shall be paid in arrears on the first (1st) day of each month and on the maturity of such Loans, whether by acceleration or otherwise. Interest on all other Obligations shall be payable upon demand. For purposes of calculating interest, all funds transferred to the Payment Account for application to the Term Loan shall be subject to a five (5) Business Day clearance period and all interest accruing on such funds during such clearance period shall accrue for the benefit of Agent, and not for the benefit of the Lenders. The Borrowers hereby agree that all accrued and unpaid interest due and owing to the “Lenders” under and as defined in the Original Credit Agreement as of the Closing Date shall be paid in cash by the Borrowers to the Agent, for the benefit of such Lenders, on the first (1st) day of the first calendar month following the Closing Date.

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 legal provision and list the applicable contract clause categories. Provision: An Option shall be effective for such term as shall be determined by the Committee and as set forth in the Award Document relating to such Option, and the Committee may extend the term of an Option after the time of grant; provided, however, that the term of an Option may in no event extend beyond the tenth anniversary of the date of grant of such Option.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Unless waived in writing by Lender, upon the occurrence and during the continuance of an Event of Default, and following the expiration of any applicable cure periods or grace periods, all or any one or more of the rights, powers, privileges and other remedies available to Lender against Borrower under this Agreement or any of the other Loan Documents executed and delivered by, or applicable to, Borrower or at law or in equity may be exercised by Lender at any time and from time to time, whether or not all or any of the Indebtedness shall be declared due and payable, and whether or not Lender shall have commenced any foreclosure proceeding or other action for the enforcement of its rights and remedies under any of the Loan Documents with respect to the Property. Any such actions taken by Lender shall be cumulative and concurrent and may be pursued independently, singly, successively, together or otherwise, at such time and in such order as Lender may determine in its sole discretion, to the fullest extent permitted by law, without impairing or otherwise affecting the other rights and remedies of Lender permitted by law, equity or contract or as set forth herein or in the other Loan Documents. Without limiting the generality of the foregoing, Borrower agrees that if an Event of Default is continuing (i) Lender shall not be subject to any one action or election of remedies law or rule, and (ii) all liens and other rights, remedies or privileges provided to Lender shall remain in full force and effect until Lender has exhausted all of its remedies against the Property and the Mortgage has been foreclosed, sold and/or otherwise realized upon in satisfaction of the Indebtedness or the Indebtedness has been paid in full.

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: Read the case excerpt and choose the best holding from the options. Case excerpt: by it that interfered with execution and enforcement of judgment); Upjohn Co. v. Marshall, 843 S.W.2d 203, 204 (Tex.App.-Dallas 1992, orig. proceeding) (same). The trial court’s August 30, 2010 order dismissing Richardson’s claim against Dr. Foster for the prolonged pain and disability caused by his alleged misdiagnosis of her ankle fracture fails to carry out our March 11, 2010 mandate affirming the portion of the trial court’s judgment that denied Foster’s motion to dismiss and interferes with our opinion and judgment holding that Richardson’s expert’s report (the exact same report Richardson relies on in the trial court) was adequate as to that claim. Thus, the trial court’s August 30, 2010 order constitutes an abuse of discretion. See, e.g., Columbia Med. Ctr., 306 S.W.3d at 248 (<HOLDING>). Dr. Foster argues that mandamus is Options: A. holding trial court abused its discretion by refusing to conduct hearing and render decision on motion B. holding that the issue was more appropriately framed as whether the trial court abused its discretion by admitting the evidence at trial C. holding that trial court was required to give full effect to supreme courts judgment and that by failing to do so the trial court abused its discretion D. holding a party must timely present his legal theories to the trial court so as to give the trial court an opportunity to rule properly E. holding that trial courts limited findings were insufficient to allow determination of whether trial court abused its discretion in denying defendants motion to dismiss his indictment on constitutional speedy trial grounds

assistant: The best answer is C. holding that trial court was required to give full effect to supreme courts judgment and that by failing to do so the trial court abused its discretion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the provisions of Section 12.10(a) , each of Agent, Lenders, each Credit Party and each of their Related Persons, is authorized (but not required) to transmit, post or otherwise make or communicate, in its sole discretion, Electronic Transmissions in connection with any Loan Document and the transactions contemplated therein. Borrower and each Lender party hereto acknowledges and agrees that the use of Electronic Transmissions is not necessarily secure and that there are risks associated with such use, including risks of interception, disclosure and abuse and each indicates it assumes and accepts such risks by hereby authorizing the use of Electronic Transmissions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Indenture Supplement may be executed in two or more counterparts (and by different parties on separate counterparts), each of which shall be an original, but all of which together shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page of this Indenture Supplement by facsimile transmission or electronic transmission (in pdf format) shall be as effective as delivery of a manually executed counterpart of this Indenture Supplement.

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: of the decision in Zive is not to require that every plaintiff be afforded a jury trial. Rather, the focus of the inquiry, presuming that the employer offers a legitimate, nondiscriminatory reason for the adverse employment action, moves to the pretext analysis. Id. at 455, 867 A.2d 1133. In that regard, as the Court reminded us: [I]f the employer proffers a non-discriminatory reason, plaintiff does not qualify for a jury trial unless he or she can “point to some evidence, direct or circumstantial, from which a factfinder could reasonably either (1) disbelieve the employer’s a er. 24, 40, 744 A.2d 670 (App.Div.2000)(affirming summary judgment in spite of erroneous reasoning of motion judge); GNOC, Corp. v. Dir., Div. of Taxation, 328 N.J.Super. 467, 474, 746 A.2d 466 (App.Div.2000)(<HOLDING>), aff'd, 167 N.J. 62, 768 A.2d 1051 (2001). We Options: A. holding that the judge did not abuse his discretion but applied an incorrect standard B. holding that even when based on erroneous reasoning a conclusion or decision of a trial court will generally be affirmed if the evidence or an alternative theory supports it C. holding that an order will be affirmed when correct even if the reasons given by the trial judge were incorrect D. holding that the decision of the bia will not be affirmed by this court unless the reasons for such a finding are made clear E. holding that if a decision below is correct it will not be disturbed on appeal even though the lower court relied upon wrong reasons

assistant: The best answer is C. holding that an order will be affirmed when correct even if the reasons given by the trial judge were incorrect
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 347 U.S. 521 74 S.Ct. 699 98 L.Ed. 910 UNITED SHOE MACHINERY CORP.v.UNITED STATES. No. 394. Argued April 26, 27, 1954. Decided May 17, 1954. Messrs. John L. Hall, Robert Proctor, Claude R. Branch, Boston, Mass., for appellant. Mr. Ralph S. Spritzer, Washington, D.C., for appellee. PER CURIAM. 1 The case having been fully argued and the Court being satisfied that the findings are justified by the evidence and support the decree, the judgment is affirmed. 2 Mr. Justice JACKSON and Mr. Justice CLARK did not participate in the consideration or decision of this case.

assistant: 8
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 still stringently and coercively implementing the one-child policy. Jiang claims that he and his wife will be the targets of sterilization and that one of them will definitely be forcibly taken for a sterilization procedure if they are returned to China. Jiang also asserts in his brief that individuals who are repatriated back to China by a foreign country are severely tortured by detention officers. As the government correctly notes in its brief, Jiang never raised his fear of forced sterilization or persecution for illegal departure before the IJ or the BIA. As a result, Jiang is precluded from bringing these issues for the first time before this Court. See Foster v. INS, 376 F.3d 75, 78 (2d Cir.2004); cf. Lin Zhong v. U.S. Dep’t of Justice, 461 F.3d 101, 116 (2d Cir.2006) (<HOLDING>). Jiang has not meaningfully challenged the I Options: A. holding that exhaustion is mandatory and jurisdictional B. holding that issue exhaustion is mandatory even if not a statutory jurisdictional requirement C. holding that exhaustion of issues is waived if not raised by the government D. holding that an issue not raised on appeal is waived E. holding that issue exhaustion is not jurisdictional and thus waived if not raised by the government

assistant: The best answer is E. holding that issue exhaustion is not jurisdictional and thus waived if not raised by the government