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: is required to set forth the facts underlying and demonstrating the existence of a cause of action. Conclusive statements are insufficient. See 5 WRight & Miller, Federal Practioe & Procedure: CIV.2d § 1218 (1990). To state a claim for patent infringement the plaintiff must allege that a person (1) without authority, (2) makes, uses, offers to sell, sells, or imports any patented invention within the United States, (3) during the term of the patent. See 35 U.S.C. § 271(a) (2000); see also Advanced, Cardiovascular Sys., Inc. v. SciMed Life Sys., Inc., 989 F.Supp. 1237, 1249 (N.D.Cal.1997); Beery v. Hitachi Home Elect., 157 F.R.D. 477, 480 (C.D.Cal.1993). A patent owner need only plead facts sufficient to place the alleged infringer on notice. See Phonometrics, Inc., 203 F.3d. at 794 (<HOLDING>). LGE’s Amended Complaint sets forth facts Options: A. recognizing that in patent infringement eases a finding of noninfringement prevents a court from reaching an affirmative defense asserting the patents invalidity because the validity issue becomes immaterial to the disposition of the case and that any determination of the patents validity by the district court in such a case should be vacated B. holding that 1338a jurisdiction inures when a complaint establishes that federal patent law creates the cause of action or that the plaintiffs right to relief necessarily depends on resolution of a substantial question of federal patent law in that patent law is a necessary element of one of the wellpleaded claims C. holding that when two patents issued from continuationinpart appliea tions derived from one original application the prosecution history of a claim limitation in the first patent to issue was properly applied to the same claim limitation in the second patent to issue D. holding that the complaint placed the defendant on notice when it alleged ownership of the asserted patent named the individual defendants cited the patents that are allegedly infringed described the means by which the defendants allegedly infringed the patents and pointed to specific sections of the patent law invoked E. holding that applicable federal patent law made patents personal and unassignable without consent of the licensor

assistant: The best answer is D. holding that the complaint placed the defendant on notice when it alleged ownership of the asserted patent named the individual defendants cited the patents that are allegedly infringed described the means by which the defendants allegedly infringed the patents and pointed to specific sections of the patent law invoked
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 notices, requests, demands, and other communications hereunder shall be sufficient if in writing and shall be deemed to have been duly given if delivered by hand or if sent by registered or certified mail to the Executive at the last address he has filed in writing with the Company or, in the case of the Company, at its principal offices.

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: entered the injunction, and the Everglades District appealed. The Florida Supreme Court affirmed the entry of the injunction based on the chancellor’s determination that the Everglades District’s proposal would serve no useful purpose and would seriously endanger the lands in the Newhall District, would create a serious sanitation problem in a nearby city, and would cause other irreparable injury. Id. at 50. The court explained that it would not ordinarily use its equity power to interfere with the judgment of an administrative board but that the evidence supported the chancellor’s finding that the Everglades District committed “a public -wrong” or violated “substantive rights” without giving an equal benefit in return. See also Brumley v. Dorner, 78 Fla. 495, 83 So. 912 (1919) (<HOLDING>); Dep’t of Transp. v. Burnette, 384 So.2d 916 Options: A. holding that a board of county commissioners may be enjoined from flooding private property B. holding that the department of transportation may be enjoined from diverting water flow onto a landowners property C. holding that notwithstanding language of statute authorizing appointment of a county architect by the board of commissioners of cook county such appointee is not an officer where he has no stated salary but is employed on a commission basis and where his work is generally casual and not continuous even though he is frequently referred to in the records of the county board as an officer D. holding that a board of county commissioners may not be compelled to implement salary increases fixed by salary board where payment of raises would result in overdrawing amount budgeted for salaries and would require board to transfer funds from elsewhere in budget E. holding before the apa definition of person was amended to include county that the board of county commission ers of dolores county could not sue the state agency that had ordered reappraisals of real property in dolores county in connection with valuation for ad valorem taxation because the board of county commissioners was not a person under the apa and did not otherwise have authority to sue under statute or constitution

assistant: The best answer is A. holding that a board of county commissioners may be enjoined from flooding private property
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 Company maintains with financially sound, responsible, and reputable insurance companies or associations (or, as to workers’ compensation or similar insurance, with an insurance fund or by self-insurance authorized by the jurisdictions in which it operates) insurance concerning its properties and businesses against casualties and contingencies and of types and in amounts (and with co insurance and deductibles) as is customary in the case of similar businesses.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Indemnified Parties may enforce the obligations of Indemnitor without first resorting to or exhausting any security or collateral or without first having recourse to the Note, the Loan Agreement, the Security Instrument, or any other Loan Documents or any of the Property, through foreclosure proceedings or otherwise, provided, however, that nothing herein shall inhibit or prevent Indemnitee from suing on the Note, foreclosing, or exercising any power of sale under, the Security Instrument, or exercising any other rights and remedies thereunder. This Agreement is not collateral or security for the debt of Borrower pursuant to the Loan, unless Indemnitee expressly elects in writing to make this Agreement additional collateral or security for the debt of Borrower pursuant to the Loan, which Indemnitee is entitled to do in its sole and absolute discretion. It is not necessary for an Event of Default to have occurred pursuant to and as defined in the Security Instrument or the Loan Agreement for Indemnified Parties to exercise their rights pursuant to this Agreement. Notwithstanding any provision of the Loan Agreement (including, without limitation, Section 11.22 thereof) the obligations pursuant to this Agreement are exceptions to any non-recourse or exculpation provision of the Loan Agreement; Indemnitor is fully and personally liable for such obligations, and such liability is not limited to the original or amortized principal balance of the Loan or the value of the Property.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments to be made by the Borrowers shall be made free and clear of and without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Borrowers hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the Administrative Agent’s Office in Dollars and in immediately available funds not later than 2:00 p.m. on the date specified herein. The Administrative Agent will promptly distribute to each Lender its pro rata share (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. All payments received by the Administrative Agent after 2:00 p.m. shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. Subject to the definition of “Interest Period”, if any payment to be made by the Applicable Borrower shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: rate because they reasonably chose Minneapolis counsel after TCBY sued them. The [defendants] point out that they are Minnesota residents who were forced to litigate the case in Arkansas under the agreement’s forum selection clause, and they were unfamiliar with Arkansas counsel. [T]he district court could have properly based the fee award on the higher Minneapolis rates....”). 7 . Indeed, Polk said that the panel was simply applying established law. And when we decided Polk, circuit precedent was clear that district courts had considerable flexibility in setting the relevant legal community for purposes of determining the hourly rate to be used in calculating the presumptively reasonable fee. See, e.g., Cohen v. West Haven Bd. of Police Comm’rs, 638 F.2d 496, 506 (2d Cir.1980) (<HOLDING>). 8 . Were a strict forum rule the settled law Options: A. holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees B. holding that the district court in setting fees appropriately relied upon prevailing market rates in the eastern district of new york where the case was commenced and litigated C. holding that the district court should have looked to prevailing rates in the area D. holding that a district judge may rely on his own knowledge of private firm hourly rates in the community in determining the prevailing market rate E. holding that absent other evidence of prevailing market rates the district judge may establish a reasonable rate based on his familiarity with the prevailing rates in the area

assistant: The best answer is C. holding that the district court should have looked to prevailing rates in the area
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT IS GOVERNED BY AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO THE CONFLICTS OF LAW PRINCIPLES OF SUCH STATE. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.

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 STX and the Borrower will, and will cause each of its subsidiaries to, maintain, with financially sound and reputable insurance companies insurance in such amounts (with no greater risk retention) and against such risks as are customarily maintained by companies of established repute engaged in the same or similar businesses operating in the same or similar locations. The Borrower will furnish to the Administrative Agent, upon request, information in reasonable detail as to the insurance so maintained.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Jaspreet Kaur, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252. We review the denial of a motion to reopen for abuse of discretion. Membreno v. Gonzales, 425 F.3d 1227, 1229 (9th Cir.2005). We deny in part and dismiss in part the petition for review. The BIA properly concluded that Kaur’s motion to reopen, filed nearly two years after the BIA issued its final order, was untimely. See 8 C.F.R. § 1003.2(c)(2); Ekimian v. INS, 303 F.3d 1153, 1156 (9th Cir.2002) (<HOLDING>). Furthermore, the BIA did not abuse its Options: A. recognizing that motions to reopen to adjust status must be filed no later than ninety days after the bia issues its final decision B. holding that bia abused its discretion in denying motion to reopen C. holding that the court does not have jurisdiction over an action contesting the denial of a protest filed more than ninety days after notice of liquidation D. holding that the trial court had no jurisdiction to modify its final order more than 30 days after its final judgment E. holding that if a complaint is filed more than 60 days after a final decision a dissatisfied claimant may petition the secretary for relief however the secretarys decision whether to reopen those claims is discretionary and not subject to review

assistant: The best answer is A. recognizing that motions to reopen to adjust status must be filed no later than ninety days after the bia issues its final decision
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: 355 U.S. 169 78 S.Ct. 203 2 L.Ed.2d 177 UNITED STATES of America, ex rel. LEE KUM HOY, Lee Kum Cherk, and Lee Moon Wah, Petitioners,v.John L. MURFF, District Director of Immigration and Naturalization Service. No. 32. Argued Nov. 21, 1957. Decided Dec. 9, 1957. Mr. Benjamin Gim, New York City, for petitioners. Mr. John F. Davis, Washington, D.C., for respondents. PER CURIAM. 1 In view of the representation in the Solicitor General's argument at the Bar that the blood grouping test requirement here involved is presently and has been for some time applied without discrimination 'in every case, irrespective of race, whenever deemed necessary,' and in view of our remand of the case, we need not now pass upon the claim of unconstitutional discrimination. 2 It appearing that the blood grouping tests made herein were in some respects inaccurate and the reports thereof partly erroneous and conflicting, the judgments heretofore entered are vacated and the case is remanded to the District Court with directions that the hearings before the Special Inquiry Officer or a Board of Special Inquiry be reopened, so that new, accurate blood grouping tests may be made under appropriate circumstances, and that relevant evidence may be received as offered on the issues involved. The excludability of petitioners remains to be determined upon those proceedings. 3 Judgments vacated and case remanded with directions.

assistant: 1
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 covenants, agreements, representations and warranties made by the Parent and the Borrower and the other Loan Parties herein and in the certificates or other instruments delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement and the making of any Loans and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent, any Issuing Bank or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement is outstanding and unpaid or any Letter of Credit is outstanding and so long as the Commitments have not expired or terminated. Notwithstanding the foregoing or anything else to the contrary set forth in this Agreement or any other Loan Document, in the event that, in connection with the refinancing or repayment in full of the credit facilities provided for herein, an Issuing Bank shall have provided to the Administrative Agent a written consent to the release of the Revolving Lenders from their obligations hereunder with respect to any Letter of Credit issued by such Issuing Bank (whether as a result of the obligations of the Borrower (and any other account party) in respect of such Letter of Credit having been collateralized in full by a deposit of cash with such Issuing Bank, or being supported by a letter of credit that names such Issuing Bank as the beneficiary thereunder, or otherwise), then from and after such time such Letter of Credit shall cease to be a “Letter of Credit” outstanding hereunder for all purposes of this Agreement and the other Loan Documents, and the Revolving Lenders shall be deemed to have no participations in such Letter of Credit, and no obligations with respect thereto, under Section 2.05(d) or 2.05(e). The provisions of Sections 2.15, 2.16, 2.17, 2.18(e) and 9.03 and Article VIII shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Letters of Credit and the Commitments or the termination of this Agreement or any provision hereof.

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 case excerpt and choose the best holding from the options. Case excerpt: testified that he was competent to opine about such blood spatter patterns based on his training as a crime scene analyst, and attorney Smith testified that he did not make an additional objection because it was not necessary for Richards to be an expert to testify as he did. Ultimately, the postconviction court determined that Everett failed to show that attorney Smith was deficient. We agree. To the extent that Everett claims that attorney Smith was deficient for not making a subsequent objection about Richards’ qualifications, such argument is without merit. At the time of Everett’s trial in 2002, Florida district courts had held that a party was not required to reassert his objection after it had been overruled. See, e.g., Howard v. State, 616 So.2d 484, 485 (Fla. 1st DCA 1993) (<HOLDING>); Thomas v. State, 599 So.2d 158, 159-60 n. 1 Options: A. holding it was not an abuse of discretion to exclude testimony B. holding that trial court did not err in refusing to allow defendant to introduce evidence of witnesss pending indictment when witnesss testimony regarding defendants participation in murder was virtually identical to witnesss written statement which was sworn to on day of murder and prior to offense for which witness was indicted C. holding that where defendant sought to exclude evidence prior to trial and again just prior to witnesss testimony at issue it was not necessary for defendant to object to testimony when it was actually put before jury D. holding that witnesss prior grand jury testimony was inconsistent with his claimed loss of memory at trial E. holding that employer waived issue on appeal of whether employees testimony was unduly prejudicial by failing to object when testimony was offered at trial

assistant: The best answer is C. holding that where defendant sought to exclude evidence prior to trial and again just prior to witnesss testimony at issue it was not necessary for defendant to object to testimony when it was actually put before jury
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 Borrowers and their Subsidiaries are the record and beneficial owners of the issued and outstanding Capital Stock of the Persons described in and in the manner set forth on Schedules 8.16(a) and (b) , free and clear of all Liens, other than Permitted Liens. All shares of such Capital Stock have been validly issued, are outstanding, fully paid and nonassessable and no options, warrants or other rights to subscribe to additional shares of the Capital Stock of such Persons have been granted or exist.

assistant: Capitalization
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 Lease (which includes the Exhibits attached hereto) contains the entire agreement of the parties hereto, and no representations, inducements or agreements, oral or otherwise, between the parties not contained in this Lease shall be of any force or effect. This Lease (other than the Rules and Regulations, which may be changed from time to time as provided herein) may not be modified, changed or terminated in whole or in part in any manner other than by an agreement in writing signed by Landlord and Tenant.

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: This Agreement is intended to be performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules, and regulations. If any provision of this Agreement, or the application thereof to any person or circumstance, shall for any reason and to any extent be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby but rather shall be enforced to the greatest 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 5.5 upon account termination , you will lose access to your account and all licenses , content , and data , and you understand this is a risk of participating in the service .

assistant: Content removal
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 covenants, agreements, representations and warranties made by the Borrower in the Loan Documents and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the Lender and shall survive the execution and delivery of the Loan Documents and shall continue in full force and effect as long as the principal of or any accrued interest on the Term Loans or any fee or any other amount payable under this Agreement is outstanding and unpaid and so long as the Commitment has not expired or terminated. The provisions of Sections 2.13, 2.14, 2.15 and 8.03 shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Term Loan, and the termination hereof, the expiration or termination of the Commitment or the termination of this Agreement or any provision hereof.

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 case excerpt and choose the best holding from the options. Case excerpt: of a receiver’s authority. Since there is simply no legal basis for usurping and encroaching upon the district court’s broad equitable powers in this case, I would affirm the district court’s decision. DISCUSSION I. Standard of Review As an initial matter, the majority’s fails to set forth the correct standard of review. The record clearly shows that the district court granted summary judgment in favor of the Receiver. The majority appears to argue that the district court’s decision should be reviewed for abuse of discretion because the district court’s “ultimate decision was founded on equitable concerns.” (Appellee’s Br. at 21) This standard of review is unsupported by case law. See, e.g., Carter v. RMH Teleservices, Inc., 205 Fed.Appx. 214, 218 n. 4 (5th Cir.2006) (unpublished case) (<HOLDING>). Since this Court reviews a district court’s Options: A. holding that the appropriate standard of review is abuse of discretion B. holding that the standard of review under rule 60 is abuse of discretion C. holding that the standard of review is abuse of discretion and an appeal from denial of rule 60b relief does not bring up the underlying judgment for review D. holding that plaintiff incorrectly concludes that an abuse of discretion is the standard of review for summary judgment E. holding that the standard of review for an award of statutory damages is even more deferential than an abuse of discretion standard

assistant: The best answer is D. holding that plaintiff incorrectly concludes that an abuse of discretion is the standard of review for summary judgment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: ... 2252(a)(2) [receipt of child pornography by any means including computer] ... any release order shall contain, at a minimum ... a condition of electronic monitoring.” H.R. 4472, Pub. L 109-248,10 Stat. 587 (July 27, 2006) (codified in relevant part at 18 U.S.C. § 3142(c)(1)(B)) (emphasis added). The requirement covers pre-trial and post-bail; it is plain, unambiguous, and mandatory. But see United States v. Kennedy, 327 Fed.Appx. 706, 706-08 (9th Cir.2009) (construing the Adam Walsh Act “to require the district court to exercise its discretion, to the extent applicable, in applying the mandatory release conditions”) (emphasis added); United States v. Cossey, 637 F.Supp.2d 881, 889 (D.Mont.2009) (a 291E(F), and 00-CR-3045(F), 2006 WL 3541736, at *7, *10 (W.D.N.Y. Dec. 7, 2006) (<HOLDING>). But see Kennedy, 327 Fed.Appx. at 706-08 Options: A. holding that adam walsh act violates the eighth amendments prohibition against excessive bail the fifth amendments guarantee of procedural due process and separation of powers B. holding that the due process clause of the fourteenth amendment incorporates the eighth amendments guarantee against cruel and unusual punishment C. holding that adam walsh act does not violate procedural due process require excessive bail or violate separation of powers D. holding that adam walsh act does not prohibit inspection by defense expert E. holding that execution of juveniles violates the eighth and fourteenth amendments

assistant: The best answer is A. holding that adam walsh act violates the eighth amendments prohibition against excessive bail the fifth amendments guarantee of procedural due process and separation of powers
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: compare Photographs, ECF No. 68-13 at 11-14, with Photograph, ECF No. 91-1 at 3, there is no need to conduct an evidentiary hearing to “verify” the “identity” of the recently recovered action figure. See PL’s Objs., ECF No. 99 at 41. Second, it is undisputed that photographic evidence in the record shows how the action figure was displayed to Ms. Toomer between June 8 and June 23, 2010. Def.’s SMF, ECF No. 68 ¶ 29; PL’s Resp. SMF, ECF No. 73 at page 30. As explained above, see supra Part III.A, it is that undisputed photographic evidence that entitles defendant to summary judgment as to Ms. Toomer’s racially hostile work environment claim and, accordingly, spoliation sanctions are unwarranted. See Grosdidier v. Broad. Bd. of Governors, Chairman, 709 F.3d 19, 28-29 (D.C. Cir. 2013) (<HOLDING>). Accordingly, Ms. Toomer’s motion for Options: A. recognizing a tort for the intentional spoliation of evidence B. holding that at the summary judgment stage there must be sufficient evidence on which the jury could find for the plaintiff C. holding that even if the plaintiff were given a favorable inference because of spoliation other evidence in the record prevented the plaintiff from surmounting summary judgment D. holding that in a failuretotransfer case if after a full opportunity for discovery the summary judgment record is insufficient to establish the existence of an appropriate position into which the plaintiff could have been transferred summary judgment must be granted in favor of the defendant even if it also appears that the defendant failed to engage in good faith in the interactive process E. holding that an adverse inference for spoliation of evidence requires proof that evidence was destroyed with a culpable state of mind and that it was relevant to the partys claim or defense

assistant: The best answer is C. holding that even if the plaintiff were given a favorable inference because of spoliation other evidence in the record prevented the plaintiff from surmounting summary judgment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or excluded certain evidence. The City argues that the probative value of certain evidence admitted was substantially outweighed by the danger of unfair prejudice and that the court erred in admitting the evidence. See SCRA 1986, 11-403. The trial court is vested with a great deal of discretion in applying Rule 403, and we will reverse the trial court’s decision to admit or exclude evidence, only upon a showing that the court abused its discretion. Mac Tyres, Inc. v. Vigil, 92 N.M. 446, 448, 589 P.2d 1037, 1039 (1979). The trial court abuses its discretion when the movant can demonstrate that the court’s rulings were clearly against the logic and effect of the facts and circumstances before the court. See Three Rivers Land Co. v. Maddoux, 9.8 N.M. 690, 694, 652 P.2d 240, 244 (1982) (<HOLDING>), overruled on other grounds, Universal Life Options: A. holding a trial courts decision involving withdrawal or discharge of counsel is subject to review for abuse of discretion B. recognizing that an appellate court reviews a trial courts decision whether or not to grant equitable relief only for an abuse of discretion C. holding that abuse of discretion standard applicable to review of court acting in equitable capacity requires trial courts decision to be contrary to logic and reason D. holding that court reviews trial courts decision to release a defendant for abuse of discretion E. holding that the appropriate standard of review is abuse of discretion

assistant: The best answer is C. holding that abuse of discretion standard applicable to review of court acting in equitable capacity requires trial courts decision to be contrary to logic and reason
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: Where the Parties’ rights and obligations under this Agreement by their terms or by their nature extend or are contemplated to extend beyond the end of the Term, they will be deemed to survive any termination or expiration of this Agreement for as long as necessary to give full force and effect to such rights and obligations of the Parties.

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 case excerpt and choose the best holding from the options. Case excerpt: the district court of the United States for the district and division embracing the place where such action is pending.” 28 U.S.C. § 1441(a). The Fourth Circuit has made it clear, however, that removal statutes must be construed strictly against removal and that the burden of establishing the propriety of removal rests with the removing party. Mulcahey v. Columbia Organic Chems. Co., 29 F.3d 148, 151 (4th Cir.1994). “If federal jurisdiction is doubtful, remand is necessary.” Watson v. Charleston Housing Auth., 1999 WL 1455084 at *1 (S.D.W.Va.)(citing Mulcahey, 29 F.3d at 151). On several occasions, this Court has held that “[i]t is well-settled that ‘all defendants must join in the petition for removal.’ ” Price v. Messer, 872 F.Supp. 317, 321 (S.D.W.Va.1995)(internal citations omitted)(<HOLDING>); see also Dorsey v. Borg-Warner Auto., Inc., Options: A. holding that the failure to join all the defendants in a removal petition is not a jurisdictional defect B. holding that plaintiffs failure to allege citizenship of first defendant did not constitute good cause for second defendants failure to timely join in removal petition C. holding that a party fraudulently joined to defeat removal need not join in removal petition D. holding that affidavit submitted to the court after the plaintiffs motion to remand was sufficient to cure the defect in the removal petition E. holding that the failure of all defendant to join in the petition for removal mandated remand to state court

assistant: The best answer is E. holding that the failure of all defendant to join in the petition for removal mandated remand to state court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of the Executive’s death during the term hereof, the date of death shall be the date of termination, and the Company shall pay or provide to the Executive’s designated beneficiary or, if no beneficiary has been designated by the Executive in a notice received by the Company, to his estate: (i) any Base Salary earned but not paid through the date of termination, (ii) pay for any vacation time earned but not used through the date of termination, (iii) any business expenses incurred by the Executive but unreimbursed on the date of termination, provided that such expenses and required substantiation and documentation are submitted within sixty (60) days following termination, that such expenses are reimbursable under Company policy, and that any such expenses subject to Section 5(f)(iv) shall be paid not later than the deadline specified therein; and (iv) any annual bonus earned but not paid for the fiscal year preceding the fiscal year in which the date of termination occurs (all of the foregoing, payable subject to the timing limitations described herein, “ Final Compensation ”). The Company shall have no further obligation or liability to the Executive. Other than business expenses described in Section 5(a) (iii), Final Compensation shall be paid to the Executive’s designated beneficiary or estate at the time prescribed by applicable law and in all events within thirty (30) days following the date of death.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company may terminate the Executive’s employment if the Executive has been unable to perform the material duties of his employment for a period of 180 days in any twelve month period because of physical or mental injury or illness which constitutes a disability for purposes of Section 409A of the Code (“ Disability ”); provided , however , that the Company shall continue to pay the Executive’s Base Salary until the Company acts to terminate the Executive’s employment. The Executive agrees, in the event of a dispute under this Section 2.3 relating to the Executive’s Disability, to submit to a physical examination by a licensed physician jointly selected by the Board and the Executive. Upon such a termination, the Executive shall receive a Pro Rata Bonus and the benefits described in Section 2.1(c)(iii) . Additionally, the Executive shall receive any amounts payable to him under the Company’s long-term disability plan. The Executive shall also be entitled to the Accrued Obligations and any benefits accrued and earned in accordance with the terms of any applicable benefit plans and programs of the Company.

assistant: Disability
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: recognizes our relationships to each other and the responsibilities that those relationships create. There was an employer-employee relationship between the NHA and Mr. Tso. That relationship created duties and responsibilities between the NHA and Mr. Tso. It has been determined that the NHA wrongfully damaged that relationship. There are many ways to address a damaged relationship, and in this case the issue was addressed formally by the Labor Commission and the courts. The NHA now has the responsibility to compensate Mr. Tso as directed by the courts. To disregard the responsibilities of a relationship, or to refuse to make amends as required, is shameful and without rationale. See Arizona Public Service Co. v. Office of Navajo Labor Relations, 6 Nav. R. 246 (Nav.Sup.Ct.1990) (<HOLDING>). The NHA argues that the “U.S. Department of Options: A. holding that each plaintiff is liable for fees if he would have been entitled to his fees if he had prevailed B. holding that a suspect must be warned prior to any questioning that he has the right to remain silent that anything he says can be used against him in a court of law that he has the right to the presence of an attorney and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires C. holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present D. holding that the district courts refusal to instruct on duress was proper where defendant testified that he set up a cocaine deal because he feared a prospective buyer was mafiaconnected and would kill him or someone in his family if he did not act E. recognizing the saying to describe someone who has misbehaved as he acts as if he had no relatives

assistant: The best answer is E. recognizing the saying to describe someone who has misbehaved as he acts as if he had no relatives
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: above, the jury is responsible for resolving conflicts in the evidence and the credibility of witnesses. Brown, 796 So.2d at 227 (¶ 12). Furthermore, “[f]actual disputes are properly resolved by a jury and do not mandate a new trial.” Ealey v. State, 158 So.3d 283, 293 (¶ 31) (Miss.2015). This issue has no merit. XII. Prosecutorial Misconduct ¶70. In this issue, Gray claims the prosecution knowingly presented false testimony, but there is no support for his claim. Additionally, Gray claims the prosecution made inappropriate comments during its closing argument. However, Gray did not object at any time during the prosecution’s closing argument. As an appellate court, we have no original jurisdiction to review this issue. See Milano v. State, 790 So.2d 179, 189 (¶ 47) (Miss.2001) (<HOLDING>). Accordingly, this issue is procedurally Options: A. holding that a similar claim in a rule 32 petition was procedurally barred because it was raised at trial and because it was raised on direct appeal B. holding that a prosecutorialmisconduct claim was procedurally barred when raised for the first time on appeal C. holding that a habeas claim is procedurally barred where it was already raised on direct appeal and decided on the merits by this court D. holding that the caldwell claim is procedurally barred because it could have been raised on direct appeal but was not E. holding that a caldwell claim is procedurally barred if it is not raised on direct appeal

assistant: The best answer is B. holding that a prosecutorialmisconduct claim was procedurally barred when raised for the first time on appeal
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 set forth herein, this Release constitutes the entire agreement between the Company and me as to any matter referred to in this Release and supersedes all other agreements between the Company and me. In executing this Release, I am not relying upon any agreement, representation, written or oral statement, understanding, omission, or course of conduct that is not expressly set forth in this Release.

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: No Eligible Assignee, participant or other transferee of any Lender’s rights shall be entitled to receive any greater payment under Section 4 than such Lender would have been entitled to receive with respect to the rights transferred.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect and will in no way be affected, impaired or invalidated. It is hereby stipulated and declared to be the intention of the Parties that the Parties would have executed the remaining terms, provisions, covenants and restrictions without including any of such which may be hereafter declared invalid, void or unenforceable. In addition, the Parties agree to use their best efforts to agree upon and substitute a valid and enforceable term, provision, covenant or restriction for any of such that is held invalid, void or enforceable by a court of competent jurisdiction.

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 case excerpt and choose the best holding from the options. Case excerpt: as available only when the adversary process has been halted because of an essentially unresponsive party. In that instance, the diligent party must be protected lest he be faced with interminable delay and continued uncertainty as to his rights.” The court went on to say that the possibility of being held in default acts as a deterrent to those parties resorting to delay as an element of their litigation strategy. 10 Charles A. Wright, Arthur R. Miller & Mary K. Kane, Federal Practice and Procedure § 2681 (1983) (quoting H.F. Livermore Corp. v. Aktiengesellschaft Gebruder Loepfe, 432 F.2d 689, 691 (D.C.Cir.1970)). Some courts have considered default judgement to be an appropriate sanction when a respondent fails to answer the writ. See, e.g., Ruiz v. Cady, 660 F.2d 337 (7th Cir.1981) (<HOLDING>). In Ruiz v. Cady, the court reasoned that if Options: A. holding generally that new rules of law should not be applied retroactively in habeas corpus cases B. holding that a writ of habeas corpus cannot be used to review the weight of evidence C. holding mcnally not to be retroactive in habeas corpus proceeding reversed on appeal D. holding that although default judgement should be rare in a habeas corpus proceeding it should be preserved as a sanction against a respondents unwarranted delay E. holding that managing conservator while in texas to seek return of child by writ of habeas corpus may not be served with civil process and is subject to jurisdiction of court in which habeas corpus is pending and only for purpose of prosecuting writ of habeas corpus

assistant: The best answer is D. holding that although default judgement should be rare in a habeas corpus proceeding it should be preserved as a sanction against a respondents unwarranted delay
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: Tenant shall give prompt notice to Landlord in case of fire or accidents in the Leased Premises or in the Building of which the Leased Premises are a part or of defects therein or in any fixtures or equipment.

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: No Party may assign either this Agreement or any of its rights, interests or obligations hereunder without the prior written approval of the other Party, and any purported assignment in violation of this Section 9.10 shall be void. Subject to the preceding sentence, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and permitted assigns.

assistant: Assignments