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: to suffer irreparable harm in the ab sence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest. Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 129 S.Ct. 365, 374, 172 L.Ed.2d 249 (2008); see also Stormans, Inc. v. Selecky, 586 F.3d 1109, 1126—27 (9th Cir.2009) (quoting Winter, 129 S.Ct. at 374). A plaintiff also may obtain a preliminary injunction upon a showing of “serious questions going to the merits and a hardship balance that tips sharply towards the plaintiff ..., so long as the plaintiff also shows a likelihood of irreparable injury and that the injunction is in the public interest.” Alliance For the Wild Rockies v. Cottrell, 622 F.3d 1045, 1046 (9th Cir. 2010) (internal quotation marks omitted) (<HOLDING>). “In all cases, the burden of persuasion Options: A. holding that the slidingscale standard for granting preliminary injunctions survives winter v natural resources defense council inc 555 us 7 129 sct 365 172 led2d 249 2008 B. holding that the serious questions approach survives winter when applied as part of the fourelement winter test C. holding that the slidingscale approach also survives winter in the context of stays D. holding that parole survives deportation E. holding that a serious questions version of the sliding scale approach to preliminary injunctions survives winter

assistant: The best answer is B. holding that the serious questions approach survives winter when applied as part of the fourelement winter test
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: main controller is a known structure in the art. See supra, sec. 11(B)(1)(a). A sheet material feed controller is no different. A person of ordinary skill in the art understands the term to mean a device used to control the operation of a sheet feeder. Pat. at. col. 1, 1. 9 (specification references the “Farr” patent, which uses the term “controller” to denote a device that controls motors); PI. Memo, at Ex. B, PAT00714-18; PI. Memo, at Ex. L (technical dictionary defines “controller” as a “device or group of devices that serves to control in predetermined manner the apparatus to which it is connected”). A recent decision supports Goss’ construction. See AVID Identification Sys., Inc. v. Philips Elecs. N. Am. Corp., No. Civ. A. 2:04CV183, 2006 WL 278265, at *5-6 (E.D.Tex. Feb. 3, 2006) (<HOLDING>). In other words, claims 12 and 24 describe the Options: A. recognizing that through the structure of its government a state defines itself as a sovereign B. holding that the corresponding structure is a controller C. holding black box labeled sel was sufficient structure because it was a well known electronic structure and performs a common electronic function D. holding that a motel room qualifies as a residential structure E. holding that an improved public street is a structure within the meaning of illinois workers compensation law

assistant: The best answer is B. holding that the corresponding structure is a controller
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you and oculus agree to waive any right to a jury trial , or the right to have any dispute resolved in any court , and instead accept the use of binding arbitration ( which is the referral of a dispute to one or more impartial persons for a final and binding determination ) ; provided , however , that you have the right to litigate any dispute in small claims court , if all of the requirements of the small claims court , including any limitations on jurisdiction and the amount at issue in the dispute , are satisfied .

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: at 334 (citing 1982 U.S.C.C.A.N. 4434, 4441-42); see also Putnam, 833 F.2d at 904-05 (dismissal for failure to serve within time period may operate as dismissal with prejudice when action will be time-barred); Townsel v. County of Contra Costa, 820 F.2d 319, 321 (9th Cir.1987) (stating that Congress “balanced the possible loss of a litigant’s federal cause of action against the need to encourage diligent prosecution of lawsuits.”); Lovelace v. Acme Markets, Inc., 820 F.2d 81, 85 (3d Cir.), cert. denied, 484 U.S. 965, 108 S.Ct. 455, 98 L.Ed.2d 395 (1987) (determining that even though dismissal could spell end of plaintiffs cause of action, inadvertence and lack of diligence could not be excused in light of legislative intent for strict interpretation of Rule 4(j)); Wei 763 F.2d at 372 (<HOLDING>). In the instant case, Plaintiffs Original Options: A. holding that individual employees are not liable under title vii B. recognizing that action will be timebarred under title vii if dismissed under rule 4j C. holding that a title vii plaintiff could not hold coworkers liable in their individual capacities under title vii D. holding individual employees may be liable under title vii E. holding that there is no individual liability under title vii

assistant: The best answer is B. recognizing that action will be timebarred under title vii if dismissed under rule 4j
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 or any Restricted Subsidiary fails to make payment on any contract obligation or of principal or interest on any indebtedness other than that created under the Loan Documents or otherwise owed to the Bank, individually or in the aggregate, exceeding $2,500,000.00, beyond any period of grace provided with respect thereto, or fails to fully and promptly perform any other obligation, agreement, term, or condition contained in any agreement under which any such other Indebtedness is created, or there is otherwise a default or event of default thereunder, if the effect of any such failure or default is to cause, or permit the holder or holders of such indebtedness (or a trustee or other person or entity acting in behalf of such holder or holders) to cause, such indebtedness to become due prior to its stated maturity.

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: Borrowers hereby authorize Lender to make appropriate announcements of the financial arrangement between Borrowers and Lender, including announcements which are commonly known as tombstones, in such publications and to such selected parties as Lender shall deem appropriate.

assistant: Publicity
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: favors transfer of rights of action. See Parrish Chiropractic Ctrs., P.C. v. Progressive Casualty Ins. Co., 874 P.2d 1049, 1053 (Colo.1994). Causes of action which survive the death of the party entitled to sue may ordinarily be assigned, see Olmstead v. Allstate Ins. Co., 320 F.Supp. 1076, 1077 (D.Colo.1971) (applying Colorado law), and under Colorado law all causes of action survive death except slander and libel, see Colo.Rev.Stat. § 13-20-101 (1987). The only assignments Colorado does not allow are for claims involving matters of personal trust or confidence or for personal services. See Matson v. White, 122 Colo. 79, 220 P.2d 864, 866 (1950) (noting exception and upholding assignment of claim for specific performance); Scott v. Fox Bros. Ent., Inc., 667 P.2d 773 (Colo.App.1983) (<HOLDING>). Denver relies heavily on Roberts v. Holland & Options: A. holding that a credit report on a prospective lessee of commercial real estate was not subject to the act B. holding real estate option contract to be assignable so long as optioner did not rely on personal integrity credit or responsibility of original optionee C. holding witness not licensed as real estate appraiser could not testify as expert on real estate valuation where statute made it unlawful to engage in real estate appraisal without license D. holding that a tax appeal on real property is a lien on the real estate and not a personal obligation of the landowner E. holding prospectively that a vendees interest in a real estate contract constitutes real estate within the meaning of the judgment lien statute

assistant: The best answer is B. holding real estate option contract to be assignable so long as optioner did not rely on personal integrity credit or responsibility of original optionee
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: without merit under Delaware law. First, as noted above, the fact that Chase had superior bargaining power cannot establish unconscionability unless the contract contains oppressive, one-sided terms. The arbitration provisions in the CMAs were not one-sided, but bilateral: were Chase to bring claims against Stinger, Stinger could compel arbitration. Second, Stinger cites no legal authority for his argument that a “lack of meaningful choice” renders an arbitration agreement unconscionable. Moreover, Stinger did have a choice—he could have pp.2d 1017, 1025 (N.D.Cal.2007) (“Credit card agreements containing arbitration clauses are not unconscionable in either California or Delaware when they bind both parties equally.”); Marsh v. First USA Bank, N.A., 103 F.Supp.2d 909, 920 (N.D.Tex.2000) (<HOLDING>). Similarly, the arbitration agreement between Options: A. holding arbitration clause in credit card agreement unconscionable B. holding arbitration provision of automobile installment sales agreement unconscionable C. holding fee splitting provision of arbitration agreement unconscionable under california law D. holding that a credit card arbitration provision presented in a takeitorleaveitmanner was not unconscionable E. holding that an arbitration provision in a credit card cardholder agreement was not unconscionable

assistant: The best answer is D. holding that a credit card arbitration provision presented in a takeitorleaveitmanner was not unconscionable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: BORROWER, AGENT AND THE LENDERS HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE FINANCING DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED THEREBY AND AGREE THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. BORROWER, AGENT AND EACH LENDER ACKNOWLEDGE THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTER INTO A BUSINESS RELATIONSHIP, THAT EACH HAS RELIED ON THE WAIVER IN ENTERING INTO THIS AGREEMENT AND THE OTHER FINANCING DOCUMENTS, AND THAT EACH WILL CONTINUE TO RELY ON THIS WAIVER IN THEIR RELATED FUTURE DEALINGS. BORROWER, AGENT AND EACH LENDER WARRANT AND REPRESENT THAT THEY HAVE HAD THE OPPORTUNITY OF REVIEWING THIS JURY WAIVER WITH LEGAL COUNSEL, AND THAT EACH KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS.

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: Each of Holdings and its Subsidiaries has (i) good and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), (iii) valid licensed rights in (in the case of licensed interests in intellectual property) and (iv) good title to (in the case of all other personal property), all of their respective properties and assets reflected in their respective Historical Financial Statements referred to in Section 4.7 and in the most recent financial statements delivered pursuant to Section 5.1, in each case except as could not reasonably be expected to have a Material Adverse Effect. Except as permitted by this Agreement, all such properties and assets are free and clear of Liens.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same instrument. Facsimile or electronic counterparts will be effective.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the Parent Borrower nor any of its Subsidiaries is in default under or with respect to any of its Contractual Obligations in any respect which would reasonably be expected to have a Material Adverse Effect. No Default or Event of Default has occurred and is continuing.

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: None of the Borrower or any of the Subsidiaries is in default under any provision of any indenture or other agreement or instrument evidencing Indebtedness, or any other material agreement or instrument to which it is a party or by which it or any of its properties or assets are or may be bound, where such default, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: suffer substantial economic impact. Many businesses will be financially harmed by the loss of travel agencies that provide the client base of passengers to Cuba for whom the Plaintiff charterer companies arrange flight transportation. Without the travel agencies, the charterers will face organizational, financial, and structural problems that could last months or years. While the exact amount of money impacting the designated countries, primarily Cuba, is not totally quantified, the impact is more than “incidental or indirect” considering the nature and extent of legally travel to Cuba occurring through the Travel Providers and Charter Service Providers to date. See Springfield Rare Coin Galleries v. Johnson, 115 Ill.2d 221, 236, 104 Ill.Dec. 743, 750, 503 N.E.2d 300, 307 (Ill.1986) (<HOLDING>). The ability of this Nation to choose between Options: A. holding that regulations which amount to embargoes or boycotts are outside the realm of permissible state activity B. recognizing that state agencies which are independent of the state are citizens of the state C. holding that merely reporting concerns of mischarging a government project or investigating an employers noncompliance with federal or state regulations was insufficient to constitute protected activity under the fca D. holding that when regulations are intended to have different purposes and are not dependent on each other they are not intertwined E. holding that a validly enacted law places citizens on notice that violations thereof do not fall into the realm of privacy and criminal activity is thus not protected by the right to privacy

assistant: The best answer is A. holding that regulations which amount to embargoes or boycotts are outside the realm of permissible state activity
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 necessary” to put the defendants on notice of the claim. Williams v. Sabin, 884 F.Supp. 294, 297 (N.D.Ill.1995). In addition, the complaint and its incorporated exhibits do reflect that the defendants' standard forms purported to waive the EFTA disclosures, and a reasonable inference is that the plaintiff in fact did not receive the required disclosures. Thus, for purposes of resolving the motion to dismiss, the complaint does allege that Cobb suffered "damage” as a result of the misleading practice. However, we observe that whether the failure to receive disclosures actually resulted in compensable, monetary damages might be the proper subject of a motion for summary judgment. Cf. Dwyer v. American Express Co., 273 Ill.App.3d 742, 210 Ill.Dec. 375, 381, 652 N.E.2d 1351, 1357 (1995) (<HOLDING>). 21 . The remaining claims are: (a) Count I, Options: A. holding that when plaintiff has proven injury but has failed to prove the amount of damages the plaintiff is only entitled to nominal damages B. holding that a plaintiff could recover actual damages under the tcpa for loss of credit if the plaintiff submitted sufficient proof of the amount damages requested C. holding that plaintiffs respa claim failed as a matter of law where it did not allege actual damages D. holding that the plaintiff failed to allege damages under the icfa because the only damages that the plaintiffs could have suffered was a surfeit of unwanted mail E. holding that both punitive and treble damages were recoverable under the texas deceptive trade practices act because each of the plaintiffs claims resulted from a distinct act however because the plaintiff suffered only one compensable injury she could only be awarded one recovery for actual compensatory damages

assistant: The best answer is D. holding that the plaintiff failed to allege damages under the icfa because the only damages that the plaintiffs could have suffered was a surfeit of unwanted mail
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, Executive shall be paid a base salary (“Base Salary”) of $19,500 per month (or $234,000 on an annualized basis), subject to applicable withholding, in accordance with the Company’s normal payroll procedures. Executive’s Base Salary shall be reviewed on an annual basis for possible increase (but not decrease) based on the Company’s operating results and financial condition, salaries paid to other Company executives, and general marketplace and other applicable considerations. Such increased Base Salary, if any, shall then constitute Executive’s “Base Salary” for purposes of this Agreement.

assistant: Base Salary
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: v. State, 827 P.2d 1117 (Wyo.1992) (noting that law enforcement officials must comply with parental notification statute for juveniles’ statements to be admissible); MAC. v. Harrison County Family Court, supra, 566 No.2d 472 (finding that police’s blatant violation of juvenile’s statutory right to have parent present during interrogation required exclusion of any statements made). Cf. A Minor Boy v. State, 91 Nev. 456, 537 P.2d 477 (1975) (finding that mandates of notification statute were satisfied where “all reasonable efforts” were made by police to contact defendant’s mother and not more than one hour could have elapsed before she was contacted and there was “no evidence of any intentional delay in contacting” defendant’s mother); In re Williams, 265 S.C. 295, 217 S.E.2d 719 (1975) (<HOLDING>). The courts in those states presumably would Options: A. holding inconsistent out of court statements otherwise admissible not admissible against government in criminal prosecution B. recognizing that in the absence of a statutory definition statutory terms are construed in accordance with their ordinary or natural meaning C. holding that where a defendant expressly manifested his belief in the truth of the statements contained in the motion to dismiss thereby adopting those statements as his own such statements are admissible against the defendant in the states case in chief D. holding a restriction on crossexamination of prosecuting witness in rape case not error in absence of offer of proof in accordance with as 1245045 E. holding that statements are admissible in absence of showing that parents were not notified in accordance with statute

assistant: The best answer is E. holding that statements are admissible in absence of showing that parents were not notified in accordance with 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 case excerpt and choose the best holding from the options. Case excerpt: BIA in Pickering had meant to require an adjudication of the merits of aliens’ claims of substantive defects in the original conviction in order to make out an adequate ‘basis,’ it could have said so. But it did not.”). Thus, there is no difference between the stipulation here and the settlement in Pinho in terms of whether the state court addressed and adjudicated the underlying claims of error. Third, the majority notes that Pinho obtained a vacatur of his conviction before the agency had to take action in his case, whereas Rumierz obtained a vacatur after a final order of removal was reached in his case. This distinction is inapposite for two reasons. First, as I have explained above, the BIA effectively reopened Rumierz’s case, thus vacating the final order of remov 12 (BIA 1999) (<HOLDING>). Where the order does not specify its Options: A. holding that to establish a conviction for immigration purposes a court must accept a guilty plea or jury verdict make an adjudication and impose a sentence B. holding that a conviction under the registration clause is not properly distinguishable from a conviction for failure to register for purposes of fifth amendment analysis C. holding that a conviction vacated by operation of a state rehabilitative statute still constitutes a conviction for immigration purposes D. holding that a conviction vacated under ohio revised code 2943031 for the trial courts failure to advise the alien defendant of the possible immigration consequences of a guilty plea is no longer a valid conviction for immigration purposes E. holding that a conviction vacated pursuant to article 440 of the new york criminal procedure law which is neither an expungement statute nor a rehabilitative statute did not constitute a conviction for immigration purposes

assistant: The best answer is C. holding that a conviction vacated by operation of a state rehabilitative statute still constitutes a conviction for immigration purposes
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: None of the factual information and data heretofore or contemporaneously furnished in writing by or on behalf of any Loan Party to any Agent or any Lender in connection with the transactions contemplated hereby and the negotiation of this Agreement or delivered hereunder or any other Loan Document (as modified or supplemented by other information so furnished) when taken as a whole contains any material misstatement of fact or omits to state any material fact necessary to make such factual information and data (taken as a whole), in the light of the circumstances under which it was delivered, not materially misleading; it being understood that for purposes of this Section 5.14, such factual information and data shall not include projections and pro forma financial information or information of a general economic or general industry nature.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Credit Parties shall not enter into any transaction with any of its Affiliates, except in the Ordinary Course of Business of the Credit Parties and upon fair and reasonable terms that are no less favorable to the Credit Parties than it would obtain in a comparable arm's length transaction with a Person not an Affiliate of the Credit Parties.

assistant: Transactions With Affiliates
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: plaintiffs prayer includes a request that this court “[ajffirm the judgment of the Multnomah County Circuit Court, including an award for prejudgment interest.” As noted in plaintiffs cross-appeal, the trial court did not award prejudgment interest. Plaintiff makes no mention or argument in support of prejudgment interest in the remainder of its petition. We decline to address this issue. See ORAP 10.15(2); see also ORAP 10.05(2) and (4). 3 If subsection (2) of 30.905 is read literally, the effect would be to nullify the effect of subsection (1) of the same section. See n 1, supra. Because we conclude that ORS 30.905(1) is not applicable to the facts of this case, we express no opinion as to its scope or effect. Compare Baird v. Electro Mart, 47 Or App 565, 569-70, 615 P2d 335 (1980) (<HOLDING>). 4 ORS 30.900 is quoted in n 1, supra. 5 Options: A. recognizing conflict B. recognizing conflict between legislative intent and language of ors 309051 and 2 C. recognizing possible conflict between the cases D. recognizing conflict between circuits E. recognizing the conflict

assistant: The best answer is B. recognizing conflict between legislative intent and language of ors 309051 and 2
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 term of this Agreement will commence with effect from 1 October 2017 to 31 March 2018. Either party may terminate this Agreement prior to expiration of the term by providing the other party with thirty (30) days’ written notice. Unless such termination is as a result of CONSULTANT’s failure to perform his obligations, EVOLVING SYSTEMS will be obligated to pay CONSULTANT’s compensation through the date of termination, and expenses incurred by CONSULTANT prior to the date of such termination. The termination of this Agreement will not prejudice the rights or remedies of EVOLVING SYSTEMS on account of any failure of CONSULTANT to perform his obligations under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: where the accused had an opportunity to challenge the grand jury but failed to do so, and thus implicitly recognizing that a propter affectum challenge may be made pre-indictment); Williams, 69 Ga. at 28 (propter affectum challenge to the plea “came too late” but recognizing that “[i]f, however, it be deemed important in a particular case to fight the prosecution in limine, diligence requires that the challenge be made before the bill is found”); Smith v. State, 62 Ga. App. 498, 500 (1) (8 SE2d 797) (1940) (citing Williams and Lascelles with approval and finding no evidence to support plea in abatement or any allegation that the defendant had no opportunity to challenge the grand jurors before the indictment was found); Stapleton v. State, 19 Ga. App. 36 (1) (90 SE 1029) (1916) (<HOLDING>). 4. Brown Timely Challenged Grand Juror Bias Options: A. holding initial indictment which was subsequently found to be invalid tolled the thirtyday period and superseding indictment alleging different charges based on same fraudulent acts as earlier indictment was therefore timely B. holding that the dismissal of an indictment before trial and institution of a superseding indictment does not trigger double jeopardy C. holding that a found in indictment need not allege all of the elements of entry D. holding that challenge was propter affectum and should have been urged before the indictment was found E. holding that a failure to object to the error in the indictment at trial waives a right to challenge the indictment at a latter stage in the proceedings

assistant: The best answer is D. holding that challenge was propter affectum and should have been urged before the indictment was found
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 Bank and Adamis will in good faith discuss mutually agreeable amendments or modifications to the Existing Loan Documents in light of the changes in circumstances resulting from the Merger and the transfer of the 4 HIMS Property and the Tribute Property to Adamis and USC, respectively.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that you engage in fraud or misconduct involving the Company, then at the option of the Committee, all unvested and vested Options awarded to you will terminate and be forfeited, and you will be required to immediately pay to the Company all amounts that you have received in connection with the exercise of Options. Such forfeiture and clawback shall be in addition to any other right the Company may have with respect to any such fraud or misconduct. At the direction of the Board, the Company may undertake any legal action to collect and recover the amount of any such required payment.

assistant: Forfeitures
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 these circumstances, a Chapter 7 trustee should be installed to investigate the suspect transfers, unburdened by any conflict of interest. iii. Blanco’s History of Misconduct. The parties seeking conversion spent most of the trial presenting evidence about Debtor’s and Blanco’s prepetition misconduct. Such misconduct can constitute “cause” under § 1112(b), though in most cases it is relevant to whether the debtor filed a petition in bad faith. In re Melendez Concrete Inc., 2009 WL 2997920, at *3 (Bankr.D.N.M.2009); In re Frieouf, 938 F.2d 1099, 1105 (10th Cir.1991). As Debtor correctly points out, entities seeking bankruptcy relief typically have a history of lax business and accounting practices. In re Colorado-Ute Elec. Ass’n, Inc., 120 B.R. 164, 174 (Bankr.D.Colo.1990) (<HOLDING>). Consequently, a showing of some prepetition Options: A. holding that an individual debtor not engaged in business is eligible for chapter 11 B. holding that the good faith analysis for evaluating a chapter 11 petition and that in evaluating a chapter 11 plan are distinct C. recognizing that typically there is some degree of mismanagement or incompetence in most businesses which file for protection under chapter 11 D. holding in a case where a chapter 11 trustee was appointed after a period during which the debt or had operated as debtor in possession that a chapter 11 trustee has two years from the date of his appointment not from the commencement of the chapter 11 case to bring avoidance actions E. holding denial of motion to convert from chapter 11 to chapter 7 is interlocutory

assistant: The best answer is C. recognizing that typically there is some degree of mismanagement or incompetence in most businesses which file for protection under chapter 11
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: 109 Utah 213, 174 P.2d 148, 158 (1946)). This requires a system of coordination between the holder of the easement and the owner of the land through which it passes. The Court thus concluded that the BLM needed to make an “initial determination” regarding the reasonableness and necessity of any proposed improvements beyond mere maintenance of the previous condition of the road. Id. at 1084-85. This approach was elaborated and applied in district court cases after Hodel. In United States v. Garfield County, 122 F.Supp.2d 1201 (D.Utah 2000), the court held, with reference to the same road at issue in Hodel, that any road construction within the National Park, beyond “maintenance,” would require advance notification of the Park Service and mutual accommodation between the P Cir.1988) (<HOLDING>); see also United States v. Jenks, 22 F.3d Options: A. holding that proposed improvements to an rs 2477 route in a national preserve is subject to regulation by the national park service B. holding that where a regulation could not fairly be read to have spoken at all on an issue an agencys proposed interpretation of the regulation as it pertained to that issue was not a reasonable interpretation of the regulation C. holding ports authority was not an employer subject to the jurisdiction of the national labor relations board D. holding that a district court may have jurisdiction over action taken by the national labor relations board despite an express statutory finality provision when the agency has acted in excess of its delegated powers and contrary to a specific prohibition in the national labor relations act E. holding that a lessors interest can only be subject to liens arising from improvements performed on the leased property if the lease required the improvements or if under judicial interpretation the improvements were the pith of the lease

assistant: The best answer is A. holding that proposed improvements to an rs 2477 route in a national preserve is subject to regulation by the national park service
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 Seller shall fail to make any payment of Repurchase Price when due or shall fail to pay within five (5) Banking Days after the due date therefor any Price Differential, Fees or other Obligations under any of the Facility Papers.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: findings. Furthermore, although Jin’s brief identifies the requirements for raising an ineffective assistance of counsel claim, as described in In re Lozada, 19 I. & N. Dec. 637 (BIA 1988), there is no assertion or evidence suggesting that Jin complied with these requirements. Jin has also failed to show any error in the agency’s determination that she did not prove past persecution or a probability of future harm as required for withholding of removal or CAT relief. The record establishes that Jin assisted a North Korean refugee, was detained for 15 days, and fined 4,000 RMB. At no time was Jin physically harmed or threatened by authorities. These allegations are insufficient to establish past persecution. See Jian Qiu Liu v. Holder, 632 F.3d 820, 822 (2d Cir.2011) (per curiam) (<HOLDING>); Ivanishvili v. U.S. DOJ, 433 F.3d 332, 341 Options: A. holding that where no factual dispute is raised no hearing is required B. holding that plaintiff had no claim under fmla because she had suffered no diminution in income and incurred no costs as a result of alleged violation C. holding that petitioner had established persecution even though he had not been physically harmed and received only an indirect threat relayed by a neighbor D. holding that plaintiff had no standing because he had no intention of seeking further medical advice or treatment from defendant E. holding that petitioner failed to establish persecution where he suffered only minor bruising from an altercation with family planning officials which required no formal medical attention and had no lasting physical effect

assistant: The best answer is E. holding that petitioner failed to establish persecution where he suffered only minor bruising from an altercation with family planning officials which required no formal medical attention and had no lasting physical effect
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in the SEC Reports, there is no action, suit, proceeding, inquiry or investigation before or by the Trading Market, any court, public board, other Governmental Entity, self-regulatory organization or body pending or, to the knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries, the Common Stock or any of the Company’s or its Subsidiaries’ officers or directors, whether of a civil or criminal nature or otherwise, in their capacities as such, which would have a Material Adverse Effect. No director, officer or employee of the Company or any of its subsidiaries has willfully violated 18 U.S.C. §1519 or engaged in spoliation in reasonable anticipation of litigation. Without limitation of the foregoing, there has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company, any of its Subsidiaries or any current or former director or officer of the Company or any of its Subsidiaries. The Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company under the Securities Act or the Exchange Act.

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 case excerpt and choose the best holding from the options. Case excerpt: reasonably believe an armed robbery occurred. See Osborne. 335 S.C. at 180, 516 S.E.2d at 205; see also State v. Trexler, 316 N.C. 528, 342 S.E.2d 878, 880 (1986) (finding that the corroboration rule only requires the State’s independent evidence to “touch or be concerned with the corpus delicti ” and, standing alone, it need not prove any element of the crime). Here, Dodd’s confession to having a gun was corroborated by his threat to the clerk that he would kill her if she did not do as he told her. Although his threat, unaccompanied by any representation of a deadly weapon, would not independently be sufficient to establish the element of a deadly weapon, the threat is sufficient to corroborate Dodd’s confession to being armed. See Muldrow, 348 S.C. 264 at 268, 559 S.E.2d at 849 (<HOLDING>). When there is any evidence tending to Options: A. holding that when defendant was guilty of burglary but the only evidence that he was armed was from his own statement existence of the firearm went only to the degree of the offense and was not as an element of proof B. holding that evidence was sufficient to prove defendant constructively possessed the gun where although defendant denied ownership of the gun it was found near a knife of which defendant claimed ownership and where defendant was aware of the presence of the gun C. holding that the state did not sufficiently prove the defendant was armed when the only evidence against him was that he handed a clerk a note that read give me all your cash or ill shoot you and there was no confession to having a gun D. holding that a demand note that read you have ten seconds to hand me all the money in your top drawer i have a gun warranted the twolevel enhancement because a reasonable teller would interpret the statement to mean if i do not give this robber money within ten seconds i will be shot and people who are shot often die E. holding that i have a gun give me money may imply threat to use gun but was not an express threat of death

assistant: The best answer is C. holding that the state did not sufficiently prove the defendant was armed when the only evidence against him was that he handed a clerk a note that read give me all your cash or ill shoot you and there was no confession to having a gun
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 consideration of each Buyer’s execution and delivery of the Transaction Documents and acquiring the Securities thereunder and in addition to all of the Company’s other obligations under the Transaction Documents, the Company shall defend, protect, indemnify and hold harmless each Buyer and each holder of any Securities and all of their stockholders, partners, members, officers, directors, employees and direct or indirect investors and any of the foregoing Persons’ agents or other representatives (including, without limitation, those retained in connection with the transactions contemplated by this Agreement) (collectively, the “ Indemnitees ”) from and against any and all actions, causes of action, suits, claims, losses, costs, penalties, fees, liabilities and damages, and expenses in connection therewith (irrespective of whether any such Indemnitee is a party to the action for which indemnification hereunder is sought), and including reasonable attorneys’ fees and disbursements (the “ Indemnified Liabilities ”), incurred by any Indemnitee as a result of, or arising out of, or relating to (i) any misrepresentation or breach of any representation or warranty made by the Company or any Subsidiary in any of the Transaction Documents, (ii) any breach of any covenant, agreement or obligation of the Company or any Subsidiary contained in any of the Transaction Documents or (iii) any cause of action, suit, proceeding or claim brought or made against such Indemnitee by a third party (including for these purposes a derivative action brought on behalf of the Company or any Subsidiary) or which otherwise involves such Indemnitee that arises out of or results from (A) the execution, delivery, performance or enforcement of any of the Transaction Documents, (B) any transaction financed or to be financed in whole or in part, directly or indirectly, with the proceeds of the issuance of the Securities, (C) any disclosure properly made by such Buyer pursuant to Section 4(i), or (D) the status of such Buyer or holder of the Securities either as an investor in the Company pursuant to the transactions contemplated by the Transaction Documents or as a party to this Agreement (including, without limitation, as a party in interest or otherwise in any action or proceeding for injunctive or other equitable relief). To the extent that the foregoing undertaking by the Company may be unenforceable for any reason, the Company shall make the maximum contribution to the payment and satisfaction of each of the Indemnified Liabilities which is permissible under applicable law. Except as otherwise set forth herein, the mechanics and procedures with respect to the rights and obligations under this Section 9(k) shall be the same as those set forth in Section 6 of the Registration Rights Agreement.

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 legal provision and list the applicable contract clause categories. Provision: THE CME GUARANTOR HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS GUARANTEE OR ANY OTHER CREDIT DOCUMENT (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).

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: Any and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall be deemed given and effective on the earliest of: (a) the date of transmission, if such notice or communication is delivered via e-mail or facsimile at the facsimile number or email address set forth on the signature pages attached hereto at or prior to 5:30 p.m. (New York City time) on a Trading Day, (b) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number or email attachment as set forth on the signature pages attached hereto on a day that is not a Trading Day or later than 5:30 p.m. (New York City time) on any Trading Day, (c) the second (2nd) Trading Day following the date of mailing, if sent by U.S. nationally recognized overnight courier service or (d) upon actual receipt by the party to whom such notice is required to be given. The address for such notices and communications shall be as set forth on the signature pages attached hereto.

assistant: Notices