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: RANSOM, Justice. In 1987 Terry Clark was sentenced to death for the kidnapping and murder of nine-year-old Dena Lynn Gore. On direct appeal a divided Court upheld this death sentence even though the prosecutor stressed Clark’s future dangerousness and the jury was not informed as to the length of time Clark would serve in prison if he was not sentenced to death. State v. Clark, 108 N.M. 288, 772 P.2d 322, cert. denied, 493 U.S. 923, 110 S.Ct. 291, 107 L.Ed.2d 271 (1989). Pursuant to SCRA 1986, 5-802 (Repl.Pamp.1992), Clark filed a petition for a writ of habeas corpus in the district court, reiterating claims of fundamental error in his sentencing, raising the effect of our decision in State v. Henderson, 109 N.M. 655, 658, 789 P.2d 603, 606 (1990) (<HOLDING>), and claiming ineffective assistance of Options: A. holding that res judicata does not apply where the prior claim was founded on the eighth amendment and the current claimwas premised on the due process clause of the fourteenth amendment B. holding that fundamental fairness due process and eighth amendment rationales require that the jury be given accurate information on the actual meaning of a life sentence C. holding that the mandatory life sentence provisions of 21 usc 841b1 do not violate the eighth amendment D. holding that an effective life sentence of fortyfive years for seconddegree forgery was excessive and that a life sentence was cruel and unusual in violation of the eighth amendment E. holding that to declare a denial of due process we must find a denial of fundamental fairness

assistant: The best answer is B. holding that fundamental fairness due process and eighth amendment rationales require that the jury be given accurate information on the actual meaning of a life sentence
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: they nevertheless were the bases for the upward departure for which Garrison was prepared by the notice in the revised PSR. 31 . Sentencing Guidelines policy statements are binding on federal courts as interpretive guides to the , meaning of an applicable guideline. Williams v. United States, 503 U.S. 193, 200-01, 112 S.Ct 1112, 1119, 117 L.Ed.2d 341 (1992); Stinson, 508 U.S. at 42, 113 S.Ct. at 1917. 32 . The district court's factual findings concerning the § 5E1.2(d) factors in determining a fine is reviewed under the clearly erroneous standard and is to be distinguished from our abuse-of-discretion review of the district court’s decision to depart upward. See Long, 122 F.3d at 1366; Lombardo, 35 F.3d at 527; see also United States v. Rowland, 906 F.2d 621, 623 (11th Cir.1990) (<HOLDING>). 33 . As the PSR recommended, the district Options: A. recognizing that because a district courts determination of the appropriate fine involves factual issues including the defendants ability to pay the fine imposedthe district courts calculation of the fine is entitled to deference and can be reversed on appeal only for clear error B. holding that court not required to find ability to pay before imposing criminal fine C. holding that the failure to impose a mandatory fine requires that the matter be remanded for imposition of that fine D. holding that where the language of the statute required the imposition of both confinement of which a portion could not be suspended and a fine the court had the ability to impose a fine and then suspend it E. holding that when a fine is paid there is a full satisfaction of one of the alternative penalties of the law and that the fine cannot be reimbursed in order to punish the defendant instead with imprisonment

assistant: The best answer is A. recognizing that because a district courts determination of the appropriate fine involves factual issues including the defendants ability to pay the fine imposedthe district courts calculation of the fine is entitled to deference and can be reversed on appeal only for clear error
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: with [her] problems with Be[d]ini and his associates, there is no evidence that the government of Albania has a policy of ignoring torture if they are specifically aware of [its] occurrence at the time it is occurring and also there is no evidence that [Mrs. Demiraj and her son] would be detained on behalf of the government and subjected to torture with the government’s acquiescence. We decline to disturb this finding. We may only reject the finding of fact that Mrs. Demiraj was not likely to be tortured “if the evidence presented by [the petitioner] was such that a reasonable factfinder would have to conclude that” the finding was incorrect. See INS v. Elias-Zacarias, 502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992); see also Chen v. Gonzales, 470 F.3d 1131, 1134 (5th Cir.2006) (<HOLDING>). Mrs. Demiraj only presented evidence that her Options: A. holding that the standard of review under 1252b4b essentially codifies the substantial evidence test established by the supreme court in eliaszacarias B. holding that as to the scope of court review substantial evidence is a stringent limitation C. holding that the standard of review where a trial court terminates parental rights on the basis of egregious conduct is whether the order is supported by competent substantial evidence D. holding that the standard of review for the sufficiency of the evidence is the same as the standard for denying a motion for a directed verdict E. recognizing that we review the sentence imposed by a district court under the abuse of discretion standard

assistant: The best answer is A. holding that the standard of review under 1252b4b essentially codifies the substantial evidence test established by the supreme court in eliaszacarias
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 REIT and its subsidiaries shall reimburse, indemnify and hold harmless the Manager and its Affiliates, directors, officers, stockholders, equity holders, employees, representatives and agents, and any Affiliates thereof from and against any and all expenses, losses, costs, damages, liabilities, demands, charges and claims of any nature whatsoever, actual or threatened (including, without limitation, reasonable attorneys’ fees), arising from or in respect of any acts or omissions, errors of judgment or mistakes of law (or any alleged acts or omissions, errors of judgment or mistakes of law) performed or made while acting in any capacity contemplated under this Agreement or pursuant to any underwriting agreement or similar agreement to which Manager is a party that is related to the REIT’s activities. The REIT shall make payments required by this Section 8.2 in advance upon a receipt from the Manager of an undertaking to repay such amounts if the Manager is ultimately found not to be entitled to indemnification pursuant to this Agreement. Notwithstanding the foregoing, the REIT shall have no indemnification obligation under this Section 8.2 in the event that the Manager is ultimately found to have been grossly negligent, acted with reckless disregard or engaged in willful misconduct or fraud while discharging its duties under this 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 case excerpt and choose the best holding from the options. Case excerpt: traditionally employed by the Second Circuit in its application of Rule 9(b) to scienter pleadings. E.g., Shields, 25 F.3d at 1128; Mills v. Polar Molecular Corp., 12 F.3d 1170, 1176 (2d Cir.1993). Second, it does not appear that the test as applied is susceptible to the results that defendants fear. Courts applying the “motive and opportunity” test have noted that “Allegations of motive that are generally held by similarly positioned executives and companies [e.g., to improve the company’s financial health or reputation] are insufficient to sustain a claim under the securities laws.” Glickman, 1996 WL 88570, *6 (quoting Grossman v. Texas Commerce Bancshares, Inc., 1995 WL 552744 (S.D.N.Y.1995)); see also In re Crystal Brands Securities Litigation, 862 F.Supp. 745, 749 (D.Conn.1994) (<HOLDING>). The “generic motive” of increasing capital is Options: A. recognizing drug traffickers will commonly possess firearms to protect their product to protect their drugs to protect their cash to protect their life and even to protect their turf alteration in original internal quotation marks omit ted B. holding that allegations of a motive to maintain good relations with suppliers retailers and lenders pertain to virtually any company that manufactures and distributes goods and are therefore inadequate C. holding that alleged motives of directors and officers to maintain good relations with suppliers retailers and lenders and to protect their positions are insufficient because they pertain to virtually any company that manufactures goods D. holding that during an investigatory detention officers are authorized to take such steps as are reasonably necessary to protect their personal safety and to maintain the status quo E. holding that directors and officers are fiduciaries

assistant: The best answer is C. holding that alleged motives of directors and officers to maintain good relations with suppliers retailers and lenders and to protect their positions are insufficient because they pertain to virtually any company that manufactures goods
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: Executive shall be employed by the Employer in the position of Chief Executive Officer (“CEO”) of the Employer. During the course of employment, Executive shall provide services for CRH Canada and its related entities or affiliates (together with the Employer, the “Company” for the purposes of this Agreement) and shall be designated the CEO of each such entity. Executive shall have authority and powers, and perform services appropriate to and consistent with that position and title. Executive will report directly to the Board of Directors of the Employer and CRH Canada (each, the “Board”). During the term of this Agreement, Executive shall be entitled to serve on the Board of the Employer and will be nominated by the Company for election to the Board of Directors of CRH Canada.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the trial court should not be disturbed unless the error is manifest. Hill v. State, 477 So.2d 553, 556 (Fla.1985). A potential juror should be excused on motion of a party if there is any reasonable doubt that the juror possesses “that state of mind which will enable him to render an impartial verdict based solely on the evidence submitted and the law announced at the trial.” Id. at 555 (quoting Singer v. State, 109 So.2d 7 (Fla.1959)). A trial court’s ruling on a cause challenge will be sustained on appeal absent an abuse of discretion. Kessler v. State, 752 So.2d 545 (Fla.1999). Based on Elledge’s equivocal responses, we disagree with the trial court’s conclusion that Elledge was sufficiently rehabilitated to serve on the jury. See, e.g., Bryant v. State, 656 So.2d 426 (Fla.1995) (<HOLDING>); Hamilton v. State, 547 So.2d 630 (Fla.1989) Options: A. holding that a juror need not be excused for cause merely because he gives equivocal re sponses B. holding that it was error to deny cause challenge because although juror stated he could follow courts instructions his other responses were sufficiently equivocal to cast doubt C. holding that a jury is presumed to follow a judges instructions D. holding that a jury is presumed to follow the trial courts instructions E. recognizing that responses to artful questions and inaccurate responses do not require that a challenge for cause be granted

assistant: The best answer is B. holding that it was error to deny cause challenge because although juror stated he could follow courts instructions his other responses were sufficiently equivocal to cast doubt
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: court did not agree with counsel’s argument that Brown’s conduct was not so serious in light of his background; rather, the court noted the very serious nature of it. After considering the guidelines and the § 3553(a) factors and argument by counsel, the court found that a sentence of 300 months — within the advisory guideline range — was appropriate. Because the district court adequately explained the basis for its sentencing decision and considered both Brown’s arguments and the § 3553(a) factors with respect to Brown and his conduct, we find that the resulting 300-month total sentence was reasonable. See United States v. Montes-Pineda, 445 F.3d 375, 380 (4th Cir.2006), petition for cert. filed, - U.S.L.W. -, 2006 WL 2066682 (U.S. July 21, 2006) (No. 06-5439); Green, 436 F.3d at 457 (<HOLDING>). Accordingly, we affirm Brown’s sentence. We Options: A. holding that sentences within the guideline range are presumptively reasonable B. holding that a sentence within the properly calculated guideline range is presumptively reasonable C. holding that the defendants sentence was within the guidelines range and therefore presumptively reasonable D. holding that a sentence within a properly calculated guidelines range is presumptively reasonable E. holding a sentence within the advisory guidelines range is presumptively reasonable

assistant: The best answer is A. holding that sentences within the guideline range are presumptively reasonable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement is invalid or unenforceable, that provision will be fully severable from this Agreement and the other provisions of this Agreement will remain in full force and effect and will be liberally construed in order to carry out the provisions and intent of this Agreement or its provisions, as applicable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Effective Date, there is no pending or, to the knowledge of the Borrower, threatened litigation, action, proceeding, or labor controversy affecting the Borrower or any of its Subsidiaries, or any of their respective properties, businesses, assets or revenues, which would reasonably be expected to cause a Material Adverse Effect or which purports to affect the legality, validity or enforceability of, and the rights and remedies of the Administrative Agent and the Lenders under, this Agreement or any other Loan Document, except as disclosed in Item 6.7 (Litigation) of the Disclosure Schedule.

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: of treatment. It only requires that the distinction have some relevance to the purpose for which the classification is made, and that the different treatments be not so disparate as to be wholly arbitrary.” State v. Andersen, 208 So.2d 814, 820 (Fla.1968). “Where an equal protection challenge is brought before a court of law, that court must, from the outset, determine the appropriate level of judicial scrutiny to be applied to the state regulation under attack.” Fla. High Sch. Activities Ass’n v. Thomas By & Through Thomas, 434 So.2d 306, 308 (Fla.1983). If the challenged government action “abridge[s] some fundamental right or affect[s] adversely upon some suspect class of persons,” it must withstand strict scrutiny. Id. “To withstand strict scrutiny, a 81, 984 (N.Y.Sup.Ct.1979) (<HOLDING>). We are persuaded by this authority, Options: A. holding that the right to drive is not a fundamental right B. holding that the right to vote is fundamental C. holding that age requirements under youthful offender statute did not implicate a fundamental right D. holding right to be fundamental E. holding that youthful offender treatment is not a fundamental right

assistant: The best answer is E. holding that youthful offender treatment is not a fundamental right
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: a letter from their personal injury counsel advising that 25% of the Settlement Proceeds could be applied to Mrs. Graves’ loss of consortium claim. Memorandum of Opposition, Exhibit A. Legal Discussion The only issue before this Court is whether as a matter of law Mrs. Graves is entitled to apply her § 522(d)(ll)(D) exemption to the Settlement Proceeds. To decide this issue, this Court must determine whether any portion of the Settlement Proceeds constitutes property of Mrs. Graves’ bankruptcy estate. A. The Debtors’ Bankruptcy Estates To claim an exemption in property, a debtor must have an interest in the property. “[T]he sine qua non for claiming an exemption is that the item must first be property of the debtor’s estate.” In re Bippert, 311 B.R. 456, 460-61 (Bankr.W.D.Tex.2004) (<HOLDING>) (emphasis in original). Pursuant to section Options: A. holding that a debt or could only exempt an item of property that exceeded the exemption limit by paying the difference between the value of the property and the exemption limit to the estate B. holding that because property was no longer property of the estate the court could not order turnover C. recognizing that exempt property ceases to be property of the estate D. holding that the debtor could retain exempt property because it was not property of the estate E. holding that spouse could not claim exemption in property that was only property of other spouses estate

assistant: The best answer is E. holding that spouse could not claim exemption in property that was only property of other spouses estate
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: Assessment (“EA”) rather than a more extensive Environmental Impact Statement (“EIS”), which is normally required for “major Federal actions significantly affecting the quality of the human environment.” Tree Boa, 918 F.Supp. at 891-92. Judge Finch concluded that the plaintiffs’ had failed to demonstrate a likelihood of success on the merits of this claim, because, as FEMA had adequately considered the environmental impact of the housing project and provided for mitigation measures to reduce “to an insignificant level” any adverse effects on the Tree Boa, its Environmental Assessment satisfied NEPA’s requirements. In disposing of plaintiffs’ ESA claims in turn, Judge Finch concluded that FEMA and FWS had conducted an adequate § 7 consultation, as requir d 1396, 1399 (3d Cir.1990) (<HOLDING>); Restatement of Judgments, supra, § 20, cmt. Options: A. holding that denial of amendment is within discretion of trial court B. recognizing such limitations in dicta C. holding that everything after denial of jurisdiction is dicta pure and simple D. recognizing that alternative holdings are not dicta E. recognizing that supreme courts conclusion was pure dicta but following it because it would be imprudent for us to ignore it

assistant: The best answer is C. holding that everything after denial of jurisdiction is dicta pure and simple
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 CONTRACT SHALL BE CONSTRUED UNDER AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. ALL OF THE OBLIGATIONS CONTAINED IN THIS CONTRACT ARE PERFORMABLE IN BEXAR COUNTY, TEXAS.

assistant: Applicable 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 case excerpt and choose the best holding from the options. Case excerpt: id. The qualified immunity defense shields officials from liability stemming from the perfor- manee of a discretionary function “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Id. (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982)). [¶ 17] In the present case, the defendants are entitled to the qualified immunity defense because “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known 00 (D.Mass.1994) (finding “[a] public employee’s suspension with pay does not implicate a constitutionally protected property interest”); Bd. of Educ. v. Harrell, 118 N.M. 470, 882 P.2d 511 (1994) (<HOLDING>); Hicks v. City of Watonga, 942 F.2d 737, 746 Options: A. holding that a school principals suspension with pay did not implicate a constitutionally protected property interest B. holding that investigatory suspension with pay was not adverse employment action C. holding that a twoday suspension with pay does not deprive plaintiff of measurable property interest D. holding that a suspension with pay does not violate any recognized property interest E. holding that suspension with pay was not adverse employment action

assistant: The best answer is D. holding that a suspension with pay does not violate any recognized property interest
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 Loan Party will, nor will it permit any Subsidiary to, sell, lease or otherwise transfer any property or assets to, or purchase, lease or otherwise acquire any property or assets from, or otherwise engage in any other transactions with, any of its Affiliates, except (a) transactions that (i) are in the ordinary course of business and (ii) are at prices and on terms and conditions not less favorable to such Loan Party or such Subsidiary than could be obtained on an arm’s-length basis from unrelated third parties, (b) transactions between or among the Loan Parties not involving any other Affiliate, (c) any investment permitted by Sections 9.6(c) or 9 . 6(d) , (d) any Debt permitted under Section 9.1(c) , (e) any Restricted Payment permitted by Section 9.5 , (f) loans or advances to employees permitted under Section 9.6(f) , (g) the payment of reasonable fees to directors of Borrower or any Subsidiary who are not employees of Borrower or any Subsidiary, and compensation and employee benefit arrangements paid to, and indemnities provided for the benefit of, directors, officers or employees of Borrower or its Subsidiaries in the ordinary course of business, (h) any issuances of securities or other payments, awards or grants in cash, securities or otherwise pursuant to, or the funding of, employment agreements, stock options and stock ownership plans approved by Borrower’s board of directors.

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 legal provision and list the applicable contract clause categories. Provision: For purposes of determining Lenders' obligations or rights to fund, participate in or receive collections with respect to Loans and Letters of Credit (including existing Swingline Loans, Protective Advances and LC Obligations), Agent may in its discretion reallocate Pro Rata shares by excluding a Defaulting Lender's Commitments and Loans from the calculation of shares. A Defaulting Lender shall have no right to vote on any amendment, waiver or other modification of a Loan Document, except as provided in Section 14.1.1(c) .

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: TO THE EXTENT PERMITTED BY APPLICABLE LAW, BORROWER HEREBY WAIVES ANY AND ALL RIGHTS THAT IT MAY NOW OR HEREAFTER HAVE UNDER THE LAWS OF THE UNITED STATES OF AMERICA OR ANY STATE TO A TRIAL BY JURY OF ANY AND ALL ISSUES ARISING EITHER DIRECTLY OR INDIRECTLY IN ANY ACTION OR PROCEEDING BETWEEN BORROWER, LENDER OR ITS SUCCESSORS AND ASSIGNS, OUT OF OR IN ANY WAY CONNECTED WITH THIS NOTE, THE OTHER LOAN DOCUMENTS, THE OBLIGATIONS AND/OR THE COLLATERAL. IT IS INTENDED THAT SAID WAIVER SHALL APPLY TO ANY AND ALL DEFENSES, RIGHTS, AND/OR COUNTERCLAIMS IN ANY ACTION OR PROCEEDINGS BETWEEN BORROWER AND LENDER. BORROWER WAIVES ALL RIGHTS TO INTERPOSE ANY CLAIMS, DEDUCTIONS, SETOFFS OR COUNTERCLAIMS OF ANY KIND, NATURE OR DESCRIPTION IN ANY ACTION OR PROCEEDING INSTITUTED BY LENDER WITH RESPECT TO THIS NOTE, THE OTHER LOAN DOCUMENTS, THE OBLIGATIONS, THE COLLATERAL OR ANY MATTER ARISING THEREFROM OR RELATING THERETO, EXCEPT COMPULSORY COUNTERCLAIMS.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 8.2 if any license fees have been paid by the licensee for use of the service , termination shall take effect 30 days after the notice of termination was sent to the other party in writing .

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: claims filed in the plaintiffs bankruptcy proceeding). The order of this court in the previous case brought by the Heghmanns is in accord. See Heghmann v. Hafiani, Civ. No. 03-219-JD, slip. op. at 2 (D.N.H. May 28, 2003) (finding that a claim based on violation of the automatic stay should have been raised in the plaintiffs bankruptcy proceeding). The Court of Appeals for the First Circuit has not addressed this issue. Although Mr. Heghmann has cited some contrary authority, the Court finds those cases unpersuasive. See Martin-Trigona v. Champion Fed’l Sav. & Loan Assoc., 892 F.2d 575, 577 (7th Cir.1989) (suggesting, but not deciding, that a suit to enforce one’s rights under § 362(h) should have been brought in the bankruptcy court); Pettitt v. Baker, 876 F.2d 456, 458 (5th Cir.1989) (<HOLDING>). The clearest support for Mr. Heghmann’s Options: A. holding that a private cause of action for violation of 362h exists but expressing no opinion regarding whether the federal district court is the proper forum for such claims B. holding that a private right of action exists C. holding that dismissal is proper for a derivative cause of action but not for a direct cause of action D. recognizing that no private right of action exists for subsection a violations E. holding that no private right of action exists

assistant: The best answer is A. holding that a private cause of action for violation of 362h exists but expressing no opinion regarding whether the federal district court is the proper forum for such claims
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Interconex, Inc. v. Ugarov, No. 01-05-00524-CV, 2006 WL 2506562, at *8, — S.W.3d -,- (Tex.App.-Houston [1st Dist.] Aug. 31, 2006, no pet. h.). Here, two arbitration agreements exist between Appellants and the Loudermilks — the arbitration agreement in the warranty and the even broader arbitration agreement in the sales contract. Thus, we must determine whether the Loudermilks’ claims are within the scope of those agreements. We will not find error by the trial court and are required to uphold the trial court’s ruling if it is proper on any grounds. See Owens-Corning Fiberglas Corp. v. Malone, 972 S.W.2d 35, 43 (Tex.1998) (requiring us to uphold trial court’s evidentiary ruling if it is proper on any grounds); Harwell v. State Farm Mut. Auto. Ins. Co., 896 S.W.2d 170, 173 (Tex.1995) (<HOLDING>); Smith v. Duncan Land & Exploration, Inc., No. Options: A. holding where movant asserts several grounds in support of its summary judgment motion and the trial court does not specify the grounds on which judgment was granted the reviewing court can affirm the judgment if any of the grounds are meritorious B. holding that if a trial court reaches the right result but for the wrong reasons it will be upheld if there is any basis which would support the judgment in the record C. holding summary judgment must be upheld if it is proper on any grounds D. holding that summary judgment must be affirmed where multiple grounds are asserted and the appellant does not attack all grounds on appeal E. holding that on appeal a summary judgment ruling will be upheld if it can be sustained on any grounds even if the trial court gave an incorrect reason for its ruling

assistant: The best answer is C. holding summary judgment must be upheld if it is proper on any grounds
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: court did not err when it granted his motion for summary judgment. Appellant’s first assignment of error is overruled. Ill {¶ 23} In his second and final assignment of error, appellant argues that “the trial court erred when it denied plaintiff-appellant’s motion for partial summary judgment.” In this motion, appellant requested that the court grant summary judgment in his favor on the issue of liability only, concerning the trustee’s alleged negligence in delegating trust investment duties and acting without the cotrustee. In short, appellant’s summary judgment motion covers the same issues as his arguments under review in this appeal. In light of the extensive analysis regarding the first assignment of error, we conclude that the same analysis can 96, 2005-Ohio-6484, 2005 WL 3315034 (<HOLDING>). 4 . The elements of negligence are (1) Options: A. holding that the specific terms of a trust may abrogate the statutory duty to diversify B. holding that congress could abrogate the eleventh amendment pursuant to the commerce clause C. holding that the terms of the trust deed foreclosure statutes must be strictly complied with D. holding that the beneficiary of a trust was not the real party in interest regarding rights owned by the trust E. holding that congress may abrogate a states immunity pursuant to its enforcement power under 5 of the fourteenth amendment

assistant: The best answer is A. holding that the specific terms of a trust may abrogate the statutory duty to diversify
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: Administrative Agent has and may exercise such powers under the Loan Documents as are specifically delegated to Administrative Agent by the terms of each thereof, together with such powers as are reasonably incidental thereto. Administrative Agent has no implied duties to the Lenders, or any obligation to the Lenders to take any action thereunder except any action specifically provided by the Loan Documents to be taken by Administrative Agent.

assistant: 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 legal provision and list the applicable contract clause categories. Provision: (a) Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement, and the following terms which are defined in the UCC are used herein as so defined (and if defined in more than one article of the UCC shall have the meaning specified in Article 9 thereof): Accounts, As-Extracted Collateral, Commercial Tort Claims, Certificated Security, Chattel Paper, Commodity Contract, Commodity Account, Deposit Accounts, Documents, Farm Products, Financial Assets, Fixtures, General Intangibles, Health Care Insurance Receivable, Instruments, Inventory, Letter of Credit Rights, Manufactured Homes, Money, Payment Intangibles, Securities Account, Security, Security Entitlement, Supporting Obligations, Tangible Chattel Paper and Uncertificated Security.

assistant: Definitions
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 representations and warranties of the Parties will terminate at the Effective Time and only those covenants that by their terms survive the Effective Time shall survive the Effective Time. This Section 15 shall survive the Effective Time.

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 Schedules is legally unavailing. Numerous courts have held that the doctrine of judicial estoppel has “no relevance and applicability to valuation of property in a case under Title 11.” In re Victorian Park Assocs., 189 B.R. 147, 150 (Bankr. N.D.Ill.1995); In re Kelley, 163 B.R. 27, 34 (Bankr.E.D.N.Y.1993); In re Woolley’s Parkway Ctr., Inc., 147 B.R. 996, 1001 (Bankr.M.D.Fla.1992). Indeed, “[t]he argument that the valuation at the beginning of a case is cast in concrete and is the law of the case for all purposes not only defies logic but is clearly contrary to the specific language of § 506 of the Code.” In re JE Livestock, Inc., 375 B.R. 892 (10th Cir. BAP 2007) (internal marks omitted); see also Williams v. Hibernia Nat’l Bank (In re Williams), 850 F.2d 250, 253 (5th Cir. 1988) (<HOLDING>). In the case at bar, Carter very credibly Options: A. holding that remedies provided in the bankruptcy code for enforcing a chapter 11 plan of reorganization are not exclusive B. holding that even though the bankruptcy court earlier in the case had found that horses owned by the debtor had a value of 13430000 at the confirmation hearing in evaluating the chapter 11 plan of reorganization the bankruptcy court properly reexamined the valuation of the horses and found that the value had decreased due to the fact that the market was depressed and that it would take at least one year to sell the horses emphasis added C. holding that the bankruptcy court lacked subject matter jurisdiction over counterclaims asserted by the bankruptcy estate against a creditor where the claim is a state law action independent of the federal bankruptcy law and not necessarily resolvable by a ruling on the creditors proof of claim in the bankruptcy emphasis added D. holding creditors lacked standing to file an adversary action asserting the interests of the estate in seeking to prevent a former principal of the debtor from interfering with the chapter 11 reorganization given the lack of showing of the debtors consent and any determination by the bankruptcy court that the suit would be beneficial to the estate and necessary to a fair and efficient resolution of the bankruptcy proceedings E. holding that the district court had bankruptcy jurisdiction over a professional malpractice action filed by a title 11 debtor against the law firm that represented him in his bankruptcy case under section 1334b because the malpractice claim arose in the bankruptcy case

assistant: The best answer is B. holding that even though the bankruptcy court earlier in the case had found that horses owned by the debtor had a value of 13430000 at the confirmation hearing in evaluating the chapter 11 plan of reorganization the bankruptcy court properly reexamined the valuation of the horses and found that the value had decreased due to the fact that the market was depressed and that it would take at least one year to sell the horses emphasis added
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts with the same effect as if all signing parties had signed the same document. All counterparts shall be construed together and constitute the same instrument. The exchange of copies of this Agreement and of signature pages by facsimile transmission or other electronic transmission (including email) shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted by facsimile transmission or other electronic transmission (including email) shall be deemed to be their original signatures for all purposes.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: provides that a business representative is not an officer, and leaves to the District Council the option of providing the local unions with business representatives or allowing them to either elect or appoint their own representatives. Given this grant of discretionary authority to the District Council, it cannot be said that individual local unions have a vested right to elect business representatives. 944 F.2d at 614-15. It will be observed that the 2000 Constitution, providing for the appointment of business representatives by the District Council, represents the exercise by the District Council of a discretionary authority which the Ninth Circuit held the earlier version of section 31B conferred upon it. See also Lathers Local 42-L v. UBC, 73 F.3d 958, 962 (9th Cir.1996) (<HOLDING>); Local No. 267 v. UBC, 992 F.2d 1418, 1424 Options: A. recognizing that court has inherent power to control the judicial business before it B. holding that the remedies are exclusive C. holding that bylaws granting exclusive control of business representatives to a district council did not violate the ubc constitution D. holding the exclusion did not violate the equal protection clause of the wyoming constitution or the fourteenth amendment to the united states constitution E. holding authority to control limits duty to control

assistant: The best answer is C. holding that bylaws granting exclusive control of business representatives to a district council did not violate the ubc constitution
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: documents from the offender tracking system, which he speculates would confirm a pre-grievance visit to Fenoglio in March. Palmer gives us no reason to believe that Fenoglio possesses these documents or that they show which medical personnel an inmate sees. But in any case the district court ordered Fenoglio to produce “medical records.” Given the district court’s broad discretion to determine whether a party has complied with discovery orders, see Melendez v. Illinois. Bell Tel. Co., 79 F.3d 661, 670-71 (7th Cir.1996), the court did not err in concluding that Fenoglio complied with the order. If Palmer wanted more expansive records to prove exhaustion, the time to seek them was before the hearing, not after. See Kalis v. Colgate-Palmolive Co., 231 F.3d 1049, 1057 (7th Cir.2000) (<HOLDING>). Finally, Palmer’s post-hearing affidavit, in Options: A. holding that it was within the trial courts discretion to refuse any additional discovery and that the courts refusal to allow additional discovery was not an abuse of discretion B. holding that district court did not abuse its discretion by denying motion to extend discovery where no effort was made to explain why the requested discovery could not have taken place within the original discovery period C. holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law D. recognizing trial courts decision on discovery issues implies a finding that requested discovery was not reasonably available E. holding that district court did not abuse its discretion by refusing jurisdictional discovery where the plaintiffs state only that they believe discovery will enable them to demonstrate sufficient california business contacts to establish the courts personal jurisdiction

assistant: The best answer is B. holding that district court did not abuse its discretion by denying motion to extend discovery where no effort was made to explain why the requested discovery could not have taken place within the original discovery period
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding the provisions of Section 2, the Company may terminate this Agreement (a) for any reason whatsoever upon thirty (30) days’ prior written notice to Consultant, and (b) immediately upon written notice to Consultant, if any of the Services is performed or is being performed in an unsatisfactory manner, as determined by the Company in its discretion. Within five (5) days after any termination of this Agreement, Consultant shall deliver to the Company all Work Product resulting from the performance of the Services.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of New York without reference to the conflict of laws principles thereof that would result in the application of the laws of another jurisdiction. Each of the Parties hereto irrevocably agrees that any legal action or proceeding with respect to this Agreement and the rights and obligations arising hereunder, or for recognition and enforcement of any judgment in respect of this Agreement and the rights and obligations arising hereunder brought by the other Party hereto or its successors or assigns, shall be brought and determined exclusively in either (a) the United States District Court for the Southern District of New York, to the extent that such court has subject matter jurisdiction, or (b) the Commercial Division of the Supreme Court of the State of New York in the County of New York (or if such court lacks subject matter jurisdiction, in the courts of the State of New York in the County of New York) and, in each case, any appellate court therefrom. Each of the Parties hereto hereby irrevocably submits with regard to any such action or proceeding for itself and in respect of its property, generally and unconditionally, to the personal jurisdiction of the aforesaid courts and agrees that it will not bring any action relating to this Agreement in any court other than the aforesaid courts. Each of the Parties hereto hereby irrevocably waives, and agrees not to assert in any action or proceeding with respect to this Agreement, (i) any claim that it is not personally subject to the jurisdiction of the abovenamed courts for any reason, (ii) any claim that it or its property is exempt or immune from jurisdiction of any such court or from any legal process commenced in such courts (whether through service of notice, attachment prior to judgment, attachment in aid of execution of judgment, execution of judgment or otherwise) and (iii) to the fullest extent permitted by applicable legal requirements, any claim that (A) the suit, action or proceeding in such court is brought in an inconvenient forum, (B) the venue of such suit, action or proceeding is improper or (C) this Agreement, or the subject matter hereof, may not be enforced in or by such courts.

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 provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision will be unenforceable only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or any other provision of this Agreement. Furthermore, there shall be automatically substituted for any prohibited or invalid provision a provision as similar thereto as possible that is valid, legal and enforceable.

assistant: Severability