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: lawsuit in the same manner as those two cases were distinguishable from the Myers lawsuit. See supra Part III. B.2.a. Macatawa contends that the escrow agreements and the ensuing obligations are insufficient to establish purposeful availment and cites Far West Capital v. Towne, 46 F.3d 1071 (10th Cir.1995), in support of this contention. In Far West Capital the party that created the escrow account was attempting to use the situs of the escrow account as evidence of purposeful availment. Id. at 1075-76. This would be equivalent to Macatawa contending that the Adamson plaintiffs are subject to specific personal jurisdiction in Michigan because the situs of the escrow accounts was in Michigan. On this basis Far West Capital is clearly distinguishable. Cf. Serras, 875 F.2d at 1215, 1218 (<HOLDING>). Macatawa purposefully availed itself of the Options: A. holding that the district court retained jurisdiction to resolve a dispute over an injunction bond even where the underlying dispute had itself been dismissed for lack of subjectmatter jurisdiction B. holding in dispute involving two insurers the federal action against only one insurer should be stayed in favor of state action involving both C. holding that where the minimal requirements of due process have been met an inmate must show prejudice when a particular regulation is not complied with before a federal court will intervene D. holding that treatment as a child is not a constitutional right but a right granted by the legislature and statute met basic due process requirements E. holding that the due process requirements of jurisdiction in michigan had been met for a dispute involving property in tennessee

assistant: The best answer is E. holding that the due process requirements of jurisdiction in michigan had been met for a dispute involving property in tennessee
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 $4,500.00 for “diminution in value”. Following the jury verdict, Plaintiff moved for an award of $8,964.50 in attorney fees and $1,701.00 in costs. On 24 August 2004, the trial court awarded Plaintiff attorney fees in the amount of $500.00, but denied Plaintiff’s request for costs. Plaintiff first argues that the trial court failed to make findings to support the award of attorney fees in the amount of $500.00 under North Carolina General Statute section 6-21.1. We agree. Preliminarily, we note that the issue on appeal concerns the amount of the attorney fee award, not whether attorney fees should be awarded which the trial court in this case, in its discretion, elected to do after considering the factors under Washington v. Horton, 132 N.C. App. 347, 351, 513 S.E.2d 331, 334 (1999) (<HOLDING>). See N.C. Gen. Stat. § 6-21.1 (providing that Options: A. holding that the decision to transfer rests within the sound discretion of the court B. holding that the decision to allow attorney fees rests with the trial judge and that decision may only be reversed for an abuse of discretion C. holding that such a decision was within the trial courts discretion D. holding that the decision to transfer rests within the sound discretion of the district court E. holding that the determination of whether statements are excited utterances is within the trial courts discretion and its ruling will be reversed only for an abuse of that discretion

assistant: The best answer is B. holding that the decision to allow attorney fees rests with the trial judge and that decision may only be reversed for an abuse of discretion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 382 F.3d 500, 506 n. 2 (5th Cir.2004) (en banc). 2 . United States v. Ibarra, 493 F.3d 526, 530 (5th Cir.2007). 3 . 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). 4 . Id. at 19-20, 88 S.Ct. 1868. 5 . United States v. Jenson, 462 F.3d 399, 404 (5th Cir.2006). 6 . United States v. Mask, 330 F.3d 330, 334, 337 (5th Cir.2003). 7 . See United States v. Sanchez-Pena, 336 F.3d 431, 441 (5th Cir.2003) (“So long as 'a reasonable person would feel free to decline the officers' requests or otherwise terminate the encounter,' it is consensual.” (quoting United States v. Drayton, 536 U.S. 194, 202, 122 S.Ct. 2105, 153 L.Ed.2d 242 (2002))). 8 . United States v. Brown, 102 F.3d 1390, 1394-97 (5th Cir.1996); see also Ohio v. Robi-nette, 519 U.S. 33, 39-40, 117 S.Ct. 417, 136 L.Ed.2d 347 (1996) (<HOLDING>). 9 . See Sanchez-Pena, 336 F.3d at 443. 10 . Options: A. holding that in determining whether a seizure has occurred a court must consider if in view of all of the circumstances surrounding the encounter a reasonable person would have believed that he or she was not free to leave B. holding that compliance with rule 3 is both a mandatory and jurisdictional prerequisite to appeal internal quotation marks omitted C. holding that an encounter is a seizure if in view of all of the circumstances surrounding the incident a reasonable person would have believed that he was not free to leave D. holding that disclosure requirements may burden the ability to speak but they do not prevent anyone from speaking citation and internal quotation marks omitted E. holding that a rule requiring an officer to inform detainees that they are free to go before a consent to search is deemed voluntary was inappropriate and that instead the proper inquiiy necessitates a consideration of all the circumstances surrounding the encounter citation and internal quotation marks omitted

assistant: The best answer is E. holding that a rule requiring an officer to inform detainees that they are free to go before a consent to search is deemed voluntary was inappropriate and that instead the proper inquiiy necessitates a consideration of all the circumstances surrounding the encounter citation and internal quotation marks omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: `` user content '' means any content that users upload , post or transmit ( collectively , `` post '' ) to or through the service including , without limitation , any text , photographs , user videos or sound recordings and the musical works embodied therein , broadcast content , and any other works subject to protection under the laws of the united states or any other jurisdiction , including , but not limited to , patent , trademark , trade secret , and copyright laws , and excludes any and all company content ( including , without limitation , any sr samples incorporated into the company videos ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither any Loan Party nor any Subsidiary thereof is in default under or with respect to any Contractual Obligation that could, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. No Default has occurred and is continuing or would result from the consummation of the transactions contemplated by this Agreement or any other Loan Document .

assistant: No Defaults
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 questions concerning the construction, validity, enforcement and interpretation of this Certificate of Designation shall be governed by and construed and enforced in accordance with the internal laws of the State of Delaware, without regard to the principles of conflict of laws thereof. Each party agrees that all legal proceedings concerning the interpretation, enforcement and defense of the transactions contemplated by this Certificate of Designation shall be commenced in the state or federal courts sitting in the City of New York, Borough of Manhattan (the “ New York Courts ”). Each party hereby irrevocably submits to the exclusive jurisdiction of the New York Courts for the adjudication of any dispute hereunder or in connection herewith and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of such New York Courts, or such New York Courts are improper or inconvenient venue for such proceeding. Each party hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Certificate of Designation and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by applicable law. Each party hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Certificate of Designation. If any party shall commence an action or proceeding to enforce any provisions of this Certificate of Designation, then the prevailing party in such action or proceeding shall be reimbursed by the other party for its attorneys’ fees and other costs and expenses incurred in the investigation, preparation and prosecution of such action or proceeding.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREBY.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, the Executive shall serve as the Chief Executive Officer, Chief Commercial Officer, President and Secretary of the Company, and shall perform the executive and administrative duties, functions and privileges incumbent with such positions and such other duties as reasonably determined and assigned by the Board of Directors of the Company (the “Board”), from time to time. In addition, the Executive shall serve as the Chief Executive Officer, Chief Commercial Officer and President of Valeritas Holdings, Inc., the parent of the Company. The Executive shall devote substantially all of his time, attention and skill to such duties, except for paid vacation and other excused absence periods, and shall serve the Company and its affiliates faithfully and to the best of his ability, and shall use his best efforts to promote the success of the business of the Company. The Executive’s employment is subject to compliance with the Company’s policies, including any code of conduct, all as may be amended from time to time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As a specifically bargained for inducement for each of the parties hereto to enter into this Agreement (after having the opportunity to consult with counsel) , each party hereto expressly waives the right to trial by jury in any lawsuit or proceeding relating to or arising in any way from this Agreement or the matters contemplated hereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is or may be, by reason of Indemnitee’s Corporate Status, made a witness or otherwise asked to participate in any Proceeding, whether instituted by the Company or any other person, and to which Indemnitee is not a party, Indemnitee shall be advanced and indemnified against all Expenses actually and reasonably incurred by Indemnitee or on Indemnitee’s behalf in connection therewith within ten days after the receipt by the Company of a statement or statements requesting any such advance or indemnification from time to time, whether prior to or after final disposition of such Proceeding. Such statement or statements shall reasonably evidence the Expenses incurred by Indemnitee. In connection with any such advance of Expenses, the Company may require Indemnitee to provide an undertaking and affirmation substantially in the form attached hereto as Exhibit A.

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 case excerpt and choose the best holding from the options. Case excerpt: and Judge Alford's orders. While such facts may excuse a short delay, they hardly support a year delay. 10 . We have not expressly held that equitable tolling applies in cases involving § 2241 petitions. However, we have applied it in a number of such cases. See Burger v. Scott, 317 F.3d 1133, 1141-44 (10th Cir.2003); see also, e.g., Steffey v. Sirmons, 273 Fed.Appx. 748, 750-51 (10th Cir.2008) (unpublished); Marques v. Burnett, 62 Fed.Appx. 247, 249 (10th Cir.2003) (unpublished). We have also held that § 2241 petitions are subject to the one-year limitations period set forth in 28 U.S.C. § 2244(d)(1), see Dulworth, 442 F.3d at 1268, which the Supreme Court recently held is subject to equitable tolling. See Holland v. Florida,-U.S.-, 130 S.Ct. 2549, 2560, 2562, 177 L.Ed.2d 130 (2010) Options: A. holding that the oneyear statute of limitations set out in 28 usc 2244d applies to 2241 petitions B. holding new time period of 28 usc 2244d inapplicable to pending habeas petition where period ended before amendments effective date C. holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling D. holding that 2244d is subject to equitable tolling in appropriate cases E. holding statute of limitations period defined in 28 usc 2244d is subject to equitable tolling

assistant: The best answer is E. holding statute of limitations period defined in 28 usc 2244d is subject to equitable tolling
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: Soundness Act does not enumerate, and its statutory scheme does not support, the FHFA’s authority as conservator to establish broad, prospective rules regarding classes of mortgages that are eligible for purchase by the regulated entities. In other cases upon which Defendants rely, federal agencies undertook the ordinary day-to-day functions of an entity acting as conservator or receiver to wind up the affairs of the failed financial institutions. See e.g., Ward v. Resolution Trust Corp., 996 F.2d 99, 104 (5th Cir.1993) (finding that the district court was without jurisdiction to enjoin the sale of certain real property because disposing of the assets of the failed bank was a “routine ‘receivership’ function”); In re Landmark Land Co. of Okla., Inc., 973 F.2d 283, 290 (4th Cir.1992) (<HOLDING>). Defendants also cite Barrows v. Resolution Options: A. holding that the trustee could not bring a claim against sole shareholders of bankrupt corporation where shareholders had not looted or otherwise injured the corporation B. holding that corporate president who called and participated in shareholders meeting to elect directors was estopped from questioning the legality of the meeting and election of directors who later removed him C. holding that in a merger shareholders are effectively purchasing shares in a new corporation while losing their status as shareholders in the previous corporation D. holding that the resolution trust corporation rtc as a conservator had authority beyond the reach of the district courts injunctive power to call a meeting of the shareholders to elect new management E. holding that a corporation exists as an entity apart from its shareholders even where the corporation has but one shareholder the general proposition of corporate identity apart from its shareholders leads us to conclude in accordance with decisions from other jurisdictions that the attorneys client is the corporation and not the shareholders

assistant: The best answer is D. holding that the resolution trust corporation rtc as a conservator had authority beyond the reach of the district courts injunctive power to call a meeting of the shareholders to elect new management
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: places [a defendant convicted of conspiracy] on a fundamentally different plane” than a defendant who has not been convicted of conspiracy. Harrisortr-Philpot, 978 F.2d at 1523. An analysis of the “totality of the circumstances” of Sluder’s and Saturday’s loss enhancement underscores our point. Sluder’s and Saturday’s sentences, even after the loss enhancement, fall within the maximum sentence authorized for the crimes alleged in the indictment. The loss enhancement neither negates the presumption of innocence nor alters the burden of proof for wire fraud or conspiracy to commit wire fraud. Nor does it hold Sluder and Saturday responsible for any offenses for which they have not been convicted by a jury. Cf. Nijhawan v. Holder, - U.S. -, 129 S.Ct. 2294, 2297-98, 174 L.Ed.2d 22 (2009) (<HOLDING>). The loss enhancement is based on a conspiracy Options: A. holding rla duty of fair representation claim preempts identical state law claims of fraud and deceit B. holding hellorhighwater clause enforceable in the absence of fraud or deceit C. holding state law fraud and deceit claims to be preempted D. holding intent as an element for disciplining an attorney for engaging in conduct involving dishonesty fraud deceit or misrepresentation is proven by establishing that the conduct was deliberate or knowing E. holding that in the context of federal immigration law the amount of loss to the victim of fraud or deceit does not refer to an element of the fraud or deceit but rather refers to the particular circumstances in which an offender committed fraud or deceit

assistant: The best answer is E. holding that in the context of federal immigration law the amount of loss to the victim of fraud or deceit does not refer to an element of the fraud or deceit but rather refers to the particular circumstances in which an offender committed fraud or deceit
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: Holdings will, and will cause each Loan Party to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03 . Holdings will, and will cause each Subsidiary (other than an Immaterial Subsidiary) to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names except to the extent that the failure to so preserve, renew and keep in full force and effect any of the foregoing could not reasonably be expect to result in a Material Adverse Effect.

assistant: Existence
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 Executive signs and returns to the Company a copy of this Agreement, Executive has a period of seven (7) days (“ Revocation Period ”) following the date of such execution to revoke this Agreement, after which time this Agreement will become effective (“ Effective Date ”) if not previously revoked. In order for the revocation to be effective, written notice must be received by the Company no later than close of business on the seventh day after Executive signs this Agreement at which time the Revocation Period shall expire.

assistant: Effective Dates
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 complete that mission, Illinois v. Caballes, 543 U.S. 405, 407, 125 S.Ct. 834, 160 L.Ed.2d 842 (2005), “a traffic stop does not become unreasonable merely because the officer asks questions umrelated to the initial purpose for the stop, provided that those questions do not unreasonably extend the amount of time that the subject is delayed.” United States v. Alcaraz-Arellano, 441 F.3d 1252, 1259 (10th Cir.2006) (quoting United, States v. Martin, 422 F.3d 597, 601-02 (7th Cir.2005)). Thus “[a]s long as the [deputy’s] questioning did not extend the length of the detention, ... there is no Fourth Amendment issue with respect to the content of the questions.” United States v. Wallace, 429 F.3d 969, 974 (10th Cir.2005); see United States v. Stewart, 473 F.3d 1265, 1269 (10th Cir.2007) (<HOLDING>) This court’s examination is clear. ... we need Options: A. holding that defendant was unreasonably seized under fourth amendment when officer detained him to ask questions unrelated in scope to the reasons that justified the initial traffic stop B. holding that subject matter questions may be but are not necessarily decided before questions of personal jurisdiction C. holding the correct fourth amendment inquiry assuming the detention is legitimate is whether the questions extended the time that a driver was detained regardless of the questions content D. holding that the relevant time of inquiry is the date of the filing of the complaint E. holding that review of questions not raised to the bia is barred

assistant: The best answer is C. holding the correct fourth amendment inquiry assuming the detention is legitimate is whether the questions extended the time that a driver was detained regardless of the questions content
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: when you are presented with an offer for such aspects of your use , you will be presented with any related additional agreement , and you may have an opportunity to agree to additional terms .

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: Erbium or Thulium lasers used with a fiber with a low enough hydroxyl ion concentration to transmit laser energy in the 1.4-2.2 micrometer wavelength range through an optical fiber to a surgical site, while “preventing the laser energy ... from being highly absorbed in the fiber material.” '780 Patent, col. 6:5-7. The specification goes on to provide an example of the kind of fiber covered: A fiber which is suitable for use with the illustrative embodiment is a fused-silica fiber part no. 822W manufactured by the Spectran Corporation located in Sturbridge, Mass. '780 Patent, col. 6:7-10. Cardiogenesis responds that plaintiffs construction fails to meet the requirements of § 112, ¶ 6 because the specification does not disclose the process for making “specially pu 1366 (Fed.Cir.2003) (<HOLDING>); S3 Inc. v. NVIDIA Corp., 259 F.3d 1364, Options: A. holding that a patent confers upon the patentee an exclusive property in the patented invention which cannot be appropriated or used by the government itself without just compensation B. holding that generically defining the structure as core logic without explaining its circuitry or how it is modified did not render the claim indefinite because the patented invention could function with any core logic C. holding that a claim was not indefinite for using the term selector because it was a standard component and its structure was well known in the art D. holding that use of term black box did not render the claim indefinite because that term was known in the field to represent video standard detector circuitry E. holding claim indefinite as the specification did not disclose sufficient structure where disclosure stated one of ordinary skill in the art could program a computer with appropriate programming to perform a control means function

assistant: The best answer is B. holding that generically defining the structure as core logic without explaining its circuitry or how it is modified did not render the claim indefinite because the patented invention could function with any core logic
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: Consultant understands that Consultant's work as a consultant of the Company creates a relationship of trust and confidence between Consultant and the Company. During and after the Term of this Agreement, Consultant will not use or disclose or allow anyone else to use or disclose any " Confidential Information " (as defined below) relating to the Company, its subsidiaries, its products, services, suppliers or customers except (i) as may be necessary in the performance of Consultant's work for the Company which use or disclosure shall be solely for the benefit of the Company in connection with the Company’s business and in accordance with the Company’s business practices and employee policies or (ii) as may be specifically authorized in advance by appropriate officers of the Company. " Confidential Information " shall include, but shall not be limited to, information consisting of research and development, patents, trademarks and copyrights and applications thereto, technical information, computer programs, software, methodologies, innovations, software tools, know-how, knowledge, designs, drawings, specifications, concepts, data, reports, processes, techniques, documentation, pricing, marketing plans, customer and prospect lists, trade secrets, financial information, salaries, business affairs, suppliers, profits, markets, sales strategies, forecasts, employee information and any other information not available to the general public, whether written or oral, which Consultant knows or has reason to know the Company or its subsidiaries would like to treat as confidential for any purpose, such as maintaining a competitive advantage or avoiding undesirable publicity. Consultant will keep Confidential Information secret and will not allow any unauthorized use of the same, whether or not any document containing it is marked as confidential. These restrictions, however, will not apply to Confidential Information that has become known to the public generally through no fault or breach of Consultant's or that the Company regularly gives to third parties without restriction on use or disclosure. Consultant further understands and acknowledges that (a) the Confidential Information is the property of the Company, constitutes a major asset of the Company and is crucial to the successful operation of the Company's business; (b) the use, misappropriation or disclosure of the Confidential Information would constitute a breach of trust and could cause irreparable injury to the Company; and (c) it is essential to the protection of the Company's goodwill and to the maintenance of the Company's competitive position that the Confidential Information be kept secret.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will, and will cause each Subsidiary to, comply in all material respects with all laws, rules, regulations and orders of any Governmental Authority applicable to it or its Property, except where (i) such law, rule, regulation or order is being contested in good faith by appropriate actions diligently conducted or (ii) the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. The Borrower will maintain in effect and enforce policies and procedures designed to ensure compliance by it and its Subsidiaries and their respective directors, officers, employees and agents with applicable Anti-Corruption Laws and applicable Sanctions.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: this license exists only for as long as you elect to continue to include such content on the yahoo services and will terminate at the time you remove or yahoo removes such content from the yahoo services .

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 she quit Luria’s because of the English-only policy and Mr. Merrill’s comment regarding people with heavy accents answering the phones, expressly stating that there was no other reason for quitting. In the later affidavit opposing the defendant's motion for summary judgment, she stated that she was subjected to daily derogatory remarks and hostile jokes about her Spanish accent by Mr. Bombara, was warned on a daily basis to speak English only, and that Mr. Merrill walked through the store each day snapping his fingers stating "no Spanish, no Spanish.” To the extent that these new allegations vary from the sworn testimony for the purpose of creating a material issue of fact or law, they are rejected. Unterreiner v. Volkswagen of America, Inc., 8 F.3d 1206, 1210 (7th Cir.1993)(<HOLDING>). Other assertions of facts regarding the Options: A. holding that the court could not conclude that the plaintiffs deposition testimony was so contradictory of the statements contained in plaintiffs affidavit as to foreclose the affidavits use for summary judgment purposes B. holding that interested partys affidavit opposed to motion for summary judgment and governments deposition to explore facts asserted in affidavit do not constitute distinct proceedings C. holding that it is well settled that a plaintiff may not create a factual issue for the purpose of defeating a motion for summary judgment by filing an affidavit contradicting a statement the plaintiff made in a prior deposition D. holding that facts alleged in an employees affidavit were insufficient to raise an issue of fact for the purposes of defeating a summary judgment where the affidavit contradicted the employees earlier deposition statements E. holding that the court may disregard an affidavit submitted solely for the purpose of opposing a motion for summary judgment when that affidavit is directly contradicted by deposition testimony and the nonmovant does not explain the discrepancies

assistant: The best answer is D. holding that facts alleged in an employees affidavit were insufficient to raise an issue of fact for the purposes of defeating a summary judgment where the affidavit contradicted the employees earlier deposition statements
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Loan Party (i) is a corporation, limited company, limited liability company, exempted limited partnership or limited partnership duly organized, validly existing and, where such (or similar) concept has a legal meaning in a particular jurisdiction, in good standing under the laws of the state or jurisdiction of its incorporation or organization, (ii) has all requisite power and authority to conduct its business as now conducted and as presently contemplated and, in the case of the Borrower, to make the borrowings hereunder, and to execute and deliver each Loan Document to which it is a party, and to consummate the transactions contemplated thereby, and (iii) is duly qualified to do business and, where such (or similar) concept has a legal meaning in a particular jurisdiction, is in good standing in each jurisdiction in which the character of the properties owned or leased by it or in which the transaction of its business makes such qualification necessary, except (solely for the purposes of this subclause (iii)) where the failure to be so qualified and, where such (or similar) concept has a legal meaning in a particular jurisdiction, in good standing could not reasonably be expected to have a Material Adverse Effect.

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: No action against Seller or any Acquired Entity, in which any Person seeks to prohibit or prevent the consummation of the transactions contemplated by this Agreement is pending or, to Seller’s Knowledge, threatened before any Governmental Authority. Section 2.17 of the Seller Disclosure Schedule sets forth a correct and complete list of all actions pending as of the date of this Agreement or commenced within the past three (3) years against or threatened in writing against any Acquired Entity or Seller with respect to the Business. Except as set forth in Section 2.17 of the Seller Disclosure Schedule, no Acquired Entity or Seller with respect to the Business is subject to any Order adversely affecting the ownership, operation or use of its properties or assets or the Business.

assistant: Litigations
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 and delivery by Buyer of this Agreement and the execution and delivery of any other Transaction Documents to which Buyer or any of its Affiliates is or will be a party, and the consummation by Buyer or any such Affiliate of Buyer of the transactions contemplated hereby and thereby have been duly authorized and approved by all necessary corporate and other action on the part of Buyer and such Affiliate of Buyer. This Agreement has been duly executed and delivered by Buyer and constitutes the valid and legally binding obligation of Buyer, enforceable against it in accordance with its terms, except as such enforceability may be (a) limited by any applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and (b) subject to general principles of equity (regardless of whether that enforceability is considered in a proceeding in equity or at law). At the Closing, each other Transaction Document to which Buyer or any of its Affiliates is a party shall be a valid and legally binding obligation of Buyer or such Affiliate, in each case enforceable against Buyer or such Affiliates of Buyer in accordance with its terms, except as such enforceability may be (i) limited by any applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and (ii) subject to general principles of equity (regardless of whether that enforceability is considered in a proceeding in equity or at law).

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: Except as otherwise expressly provided herein, all notices, demands and other communications to be given or delivered under or by reason of the provisions of this Agreement shall be in writing and shall be deemed to have been given (a) when personally delivered, (b) when received via e-mail at the addresses set out below, (c) the day following the day (except if not a business day then the next business day) on which the same has been delivered prepaid to a reputable national overnight air courier service or (d) the third business day following the day on which the same is sent by certified or registered mail, postage prepaid, in each case to the respective Parties at the address set forth below, or at such other address as such Party may specify by written notice to the other Party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: under Indiana Code Section 35-41-4-2(a)(1), there must be a positive act performed by the defendant calculated to prevent discovery of the fact that a crime has been committed. See Umfleet, 556 N.E.2d at 341; see also State v. Palmer, 248 Kan. 681, 810 P.2d 734, 738 (1991) (observing that to constitute concealment of fact of the crime of theft sufficient to toll statute of limitations, there must be positive act calculated to prevent discovery of theft by those owning or having possession of property prior to theft). Here, Kifer concealed evidence of his guilt by altering and disposing of the car involved in the accident that killed Mazick, but he did not conceal the fact that a crime had been committed. It is undisputed that on October 2, 1987, the Evansville police nd.Ct.App.1998) (<HOLDING>). Our holding also comports with the rule that Options: A. holding that the evidence at trial showed hart was aware that what he was doing was wrong B. holding that defendant was not resident of his mothers household even though his drivers license listed his mothers address and he received mail there because he expressed a belief that his residence was in a different location than his mothers home he rented and occupied his own residence and he testified that he was only living with his mother after expiration of his lease until he could find another place to live C. holding that managers manipulation of financial records such that no one was aware he had been misappropriating funds until his resignation was positive act of concealment as contemplated by statute D. holding that defendants prior arrests were insufficient to establish that defendant was aware of his right to appointed counsel even though he told dea officers that he understood his rights E. holding that no experienced business person would fail to keep all records of financial transactions

assistant: The best answer is C. holding that managers manipulation of financial records such that no one was aware he had been misappropriating funds until his resignation was positive act of concealment as contemplated by statute
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of any conflict between the provisions of this Agreement and the provisions of the Plan, the terms of the Plan control, except as expressly stated otherwise herein. This Agreement and the Plan together set forth the entire agreement and understanding between the parties as to the subject matter hereof and supersede all prior oral and written and all contemporaneous or subsequent oral discussions, agreements and understandings of any kind or nature. Capitalized terms not defined herein shall have the meanings as described in the Plan.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: F.2d 844, 851 (5th Cir.1991). 134 . Crowder v. Sinyard, 884 F.2d at 811, citing Ryland v. Shapiro, 708 F.2d 967, 972 (5th Cir.1983). 135 . See Bounds v. Smith, 430 U.S. at 824-28, 97 S.Ct. at 1496-98; Degrate v. Godwin, 84 F.3d 768, 768-69 (5th Cir.1996); Pembroke v. Wood County, Texas, 981 F.2d 225, 229 (5th Cir.1993), cert. denied, 508 U.S. 973, 113 S.Ct. 2965, 125 L.Ed.2d 665 (1993); Crowder v. Sinyard, 884 F.2d at 811-12; and Green v. Ferrell, 801 F.2d 765, 772-73 (5th Cir.1986). 136 . See Lewis v. Casey, 518 U.S. 343,-, 116 S.Ct. 2174, 2182, 135 L.Ed.2d 606 (1996). 137 . See Lewis v. Casey, 518 U.S. at---, 116 S.Ct. at 2179-82; Eason v. Thaler, 73 F.3d 1322, 1329 (5th Cir.1996); and Brewer v. Wilkinson, 3 F.3d at 821. 138 . See Beck v. Lynaugh, 842 F.2d 759, 762 (5th Cir.1988), (<HOLDING>); and Eisenhardt v. Britton, 478 F.2d 855 (5th Options: A. holding that an inmate alleging denial of access to the courts must show an actual injury B. holding that the total denial of all access to the law library for seven months violated the plaintiffs constitutional right of access to the courts C. holding that denial of access to carbon paper and reproduction equipment and denial of facetoface access to other inmates did not deprive an inmate of his right of access to the courts D. holding that although prison inmates have a first amendment right to access to the courts prison officials may regulate law library access including reasonable time place and manner of access taking into account the administrative needs of the institution E. recognizing a right of access to civil proceedings

assistant: The best answer is C. holding that denial of access to carbon paper and reproduction equipment and denial of facetoface access to other inmates did not deprive an inmate of his right of access to the courts
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 Advisor shall maintain appropriate records of all its activities hereunder and make such records available for inspection by the Board and by counsel, auditors and authorized agents of the Trust, at any time or from time to time during normal business hours. The Advisor shall at all reasonable times have access to the books and records of the Trust and the Partnership.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: periods does not recommend borrowing a ten-year statute of limitations over a two-year statute of limitations. Plaintiffs further argue that, in its entry for summary judgment, the Court cited the two-year limitations period in Indiana Code Section 34-1-2-1.5 as applicable to retaliation claims and that, because no other Indiana court has held that section applicable to claims of retaliatory discharge, this Court should reconsider its February 7, 1997 entry of summary judgment. Although an empty victory, Plaintiffs are correct: as discussed, supra, the two courts in Indiana to cite to a specific code section for retaliatory discharge have referenced the two-year limitations in Indiana Code Section 34-1-2-2(1). See Scott v. Union Tank Car Co., 402 N.E.2d 992, 993 (Ind.App.1980) (<HOLDING>); Bollenbacher, 934 F.Supp. at 1029. (citing Options: A. holding that the twoyear statute of limitations set forth in indcode 341221 governs employees claim that he was discharged in retaliation for filing a workers compensation claim B. holding that retaliation claim did not arise under states workers compensation laws C. recognizing a tort action when employee was dismissed for filing a workers compensation claim D. holding the retaliation claim did arise under states workers compensation laws E. holding that because maryland law expressly creates right to file workers compensation claim action exists for wrongful discharge for termination based solely on the filing of a workers compensation claim

assistant: The best answer is A. holding that the twoyear statute of limitations set forth in indcode 341221 governs employees claim that he was discharged in retaliation for filing a workers compensation 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 legal provision and list the applicable contract clause categories. Provision: The headings and captions used in this First Amendment are for convenience only and will not be used to construe the meaning or intent of the terms of this First Amendment, the Supply and Offtake Agreement, or the other Transaction Documents.

assistant: Headings
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 term or provision of this Agreement, or its application to any party or set of circumstances, shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and each shall be valid and enforceable to the fullest extent permitted by law.

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: Promptly prepare and file with the SEC such amendments and supplements to such registration statement and the prospectus used in connection therewith as may be necessary to keep such registration statement effective for the period required by the intended method of disposition and the terms of this Agreement and comply with the provisions of the Securities Act with respect to the disposition of all securities covered by such registration statement during such period in accordance with the intended methods of disposition by the sellers thereof set forth in such registration statement.

assistant: Amendments