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: Generally, when a trial judge has discretion to award attorney’s fees, that discretion may be invoked after an appeal has resolved the merits of the case. See White v. New Hampshire Dep’t of Employment Sec., 455 U.S. 445, 102 S.Ct. 1162, 71 L.Ed.2d 325 (1982). A request for attorney’s fees and costs has traditionally been deemed to be collateral to the judgment because the request seeks a benefit as a consequence of the judgment. See id. at 451-52, 102 S.Ct. at 1166-67; see also Sprague v. Ticonic Nat’l Bank, 307 U.S. 161, 168-69, 59 S.Ct. 777, 780-81, 83 L.Ed. 1184 (1939). Thus, a trial judge’s award of attorney’s fees under Code § 20-103 for services rendered on appeal is collateral to the remand order contained in the mandate. Accord Wheeler v. Wheeler, 636 A.2d 888, 890 (Del.1993) (<HOLDING>); Dahnke v. Dahnke, 571 N.E.2d 1278, 1282 Options: A. holding that an attorneys fees award is not appealable until the amount of the award is set B. holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees C. holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency D. holding that trial judges statutory power to award attorneys fees following an appeal is not dependent upon a remand for that purpose E. holding that a district court may award attorneys fees while the merits are on appeal

assistant: The best answer is D. holding that trial judges statutory power to award attorneys fees following an appeal is not dependent upon a remand for that purpose
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule of Law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible to the fullest extent permitted by applicable law in an acceptable manner to the end that the transactions contemplated hereby are fulfilled to the extent possible.

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: This Supplement may be executed by one or more of the parties to this Supplement on any number of separate counterparts (including by facsimile or other electronic transmission (i.e. a “pdf’ or “tif’)), and all of said counterparts taken together shall be deemed to constitute one and the same instrument.

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: these courts were created by act of Congress.” Chambers, 501 U.S. at 47 (internal quotation marks omitted); see, e.g., McConnell, 370 U.S. at 233-34, 82 S.Ct. 1288 (noting that Congress has limited courts’ inherent powers to sanction attorney contempt by requiring such sanctions to be no more severe than necessary). This does not mean that Congress may infringe — or authorize Judicial Councils to infringe — upon judges’ trial management authority in any manner it sees fit. It is a familiar principle that even though Congress has the power to create lower federal courts and organize their functioning in certain respects, it can neither interfere with nor alter essential features of their operation. See, e.g., Plant v. Spendthrift Farm, 514 U.S. 211, 240, 115 S.Ct. 1447, 131 L.Ed.2d 328 (<HOLDING>). Having vested authority to conduct trials in Options: A. holding that courts review judgments not statements in opinions B. recognizing state laws can be preempted by federal regulations as well as by federal legislation C. holding that 1983 applies to violations of any federal statute not just equal rights legislation D. recognizing that judgments of arizona courts on foreign judgments will not be conclusive in the jurisdiction of origin E. holding that congress may not pass legislation that reopens final judgments of federal courts

assistant: The best answer is E. holding that congress may not pass legislation that reopens final judgments of federal courts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Purchase Agreement, as amended by this Amendment, constitutes the full and complete agreement and understanding between Seller and Purchaser and shall supersede all prior communications, representations, understandings or agreements, if any, whether oral or written, concerning the subject matter contained in the Purchase Agreement, as so amended, and no provision of the Purchase Agreement, as so amended, may be modified, amended, waived or discharged, in whole or in part, except by a written instrument executed by Seller and Purchaser.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything set forth herein to the contrary, effective as of the Closing Time, in consideration of the mutual covenants and agreements contained herein, Releasor hereby irrevocably releases and forever discharges the Company and each of its affiliates and subsidiaries and its individual, joint or mutual, past, present and future directors, officers, managers, members, owners, employees, representatives, agents, successors, assigns, heirs, executors and administrators (collectively, the “Released Persons”) of and from all manner of demands, claims, suits, actions, litigation, arbitrations, proceedings, causes and causes of action, reckonings, controversies, omissions, promises, trespasses, debts, liabilities, obligations, losses, damages, orders, writs, injunctions, citations, awards and judgments whatsoever, in law or in equity which Releasor ever had, now has or hereafter can, shall or may have, against the Released Persons, whether known or unknown, suspected or unsuspected, matured or unmatured, fixed or contingent, for, upon or by reason of any matter, thing or cause whatsoever, from the beginning of the world to the Avalon Closing (i) based upon, related to or arising from Releasor’s ownership of the Option, the Warrants or any other other obligations as to equity of the Company set forth in the Employment Agreement, and (ii) in connection with the termination of the Employment Agreement, Option Agreement or any right to the payment of any amount thereunder; provided, however , that nothing contained herein shall (x) extend to any proceeding to enforce the terms of, or any breach of, this Agreement, the other documents and instruments delivered hereunder or any of the provisions set forth herein or therein, or (y) operate to release any obligation of the Company to defend, indemnify or hold harmless Releasor arising out of or relating to Releasor’s service as an employee, officer, director or manager of the Company provided in any contract or agreement with the Company, any insurance policy of the Company or the formation or organizational documents of the Company.

assistant: Releases
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: he was the target of a federal investigation. 645 F.3d 85, 108 (2d Cir.2011). Persico is distinguishable from the case at bar, however. In Pérsico, there was no pending state criminal proceeding at the time the defendant engaged in witness tampering. Thus, there was no dispute that the particular proceeding contemplated by the defendant was the imminent federal grand jury proceeding. Here, Shavers and White were clearly contemplating their upcoming hearings in Pennsylvania state court, and not any federal proceeding, when they sought to tamper with potential witnesses. For that reason, we hold that no rational trier of fact could have found the essential elements of a § 1512(b)(1) violation beyond a reasonable doubt. See United States v. Shively, 927 F.2d 804, 811-12 (5th Cir. 1991) (<HOLDING>). As such, we will vacate Shavers’s convictions Options: A. holding that the government had not produced evidence that the defendant intended to influence an official proceeding because the evidence showed only that he intended to influence the state civil proceedings that he had brought against his insurance agency B. holding that equally consistent circumstances of influence cannot be considered as evidence of undue influence C. holding that allegations of influence by an unnamed person outside the jury required the holding of an evidentiary hearing to determine extrinsic influence D. holding that the trial court correctly instructed the jury that the defendant had to establish by evidence that outweighed the evidence against him that he lacked the capacity to form specific intent E. holding that government must merely show that defendant knew that it was a bank that he intended to influence

assistant: The best answer is A. holding that the government had not produced evidence that the defendant intended to influence an official proceeding because the evidence showed only that he intended to influence the state civil proceedings that he had brought against his insurance agency
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that: a low evidentiary threshold is particularly appropriate in the veterans context because in the early stages of the application process, the veteran is almost always unassisted by legal counsel. See 38 U.S.C. § 5904(c)(1) (attorneys and agents prevented from charging for services rendered pri- or to date of final decision from BVA). Since significant if not essential evidence regarding the merits of a claim often resides in the DVA’s files, it would be fundamentally unfair to erect a steep evidentiary hurdle in front of an unassisted veteran before allowing the veteran to receive assistance from the DVA. The low threshold is also appropriate in light of the uniquely pro-claimant nature of the veterans compensation system. See Hodge v. West, 155 F.3d 1356, 1362-64 (Fed.Cir.1998) (<HOLDING>); Hayre v. West, 188 F.3d 1327, 1333-34 Options: A. holding that a claim that is constitutional in name only does not create jurisdiction over an appeal from the veterans court B. recognizing nonadversarial and proclaimant character of veterans benefits adjudication C. holding that a plantshutdown benefit is not an optional form of benefit D. recognizing that the veterans benefit system is uniquely proclaimant E. holding that the interpretation of a veterans filings is a factual inquiry

assistant: The best answer is D. recognizing that the veterans benefit system is uniquely proclaimant
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 issuance of shares of Stock hereunder shall be subject to compliance by the Company and the Employee with all applicable requirements of federal and state securities laws and with all applicable requirements of any stock exchange on which the Company’s shares of Stock may be listed. No shares of Stock shall be issued or transferred unless and until any then applicable requirements of state and federal laws and regulatory agencies have been fully complied with to the satisfaction of the Company and its counsel.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: discriminate against or harass anyone on the basis of race , national origin , religion , gender , gender identity , physical or mental disability , medical condition , marital status , age or sexual orientation , or otherwise engage in any abusive or disruptive behavior ;

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: S.Ct. at 3013. Nor is petitioner’s sentence extreme or disproportionate in comparison to other sentences which the Supreme Court has affirmed in face of dispropor-tionality challenges. See Harmelin, 501 U.S. at 1002-04, 111 S.Ct. at 2705-06 (affirming a sentence of life without parole for a first offense of possession of 672 grams of cocaine); Hutto v. Davis, 454 U.S. 370, 370-71, 375, 102 S.Ct. 703, 703-04, 706, 70 L.Ed.2d 556 (1982) (per curiam) (rejecting challenge to a 40-year sentence for possession of approximately nine ounces of marijuana); Rummel, 445 U.S. at 265, 100 S.Ct. at 1134 (upholding life sentence under recidivist statute for uttering “no account” check for $100, where two earlier felonies involved theft of less than $129.00). Therefore, the California court Cir.1989) (<HOLDING>). In Ground Four, petitioner claims that the Options: A. holding claim that prior conviction was not serious felony under californias sentencing law not cognizable in federal habeas proceeding B. holding that felony conviction for which imposition of sentence was stayed could be counted as prior felony conviction under sentencing guidelines C. holding claim is not cognizable D. holding that sufficiency challenges are cognizable in a federal habeas proceeding E. holding that an error pertaining to a mixed question of law and fact under state law is not cognizable in a federal habeas proceeding

assistant: The best answer is A. holding claim that prior conviction was not serious felony under californias sentencing law not cognizable in federal habeas proceeding
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and wove between lanes on several occasions. Morales’s testimony was more than a scintilla of evidence to support the ALJ’s finding that Bell failed to maintain a single lane of traffic and was sufficient to give rise to a reasonable suspicion that Bell was driving while intoxicated or that some activity out of the ordinary was occurring, so as to justify the temporary stop of Bell’s vehicle. See id; see also Texas Dept, of Public Safety v. Seidule, 991 S.W.2d 290, 293 (Tex.App.—Houston [1st Dist.] 1998, no pet.) (finding substantial evidence to support finding of reasonable suspicion based on officer’s statement that driver of vehicle failed to maintain a single marked lane); Texas Dept, of Public Safety v. Nordin, 971 S.W.2d 90, 94 (Tex.App.—Houston [14th Dist.] 1998, no pet.) (<HOLDING>). Bell asserts that the decision in Hernandez Options: A. holding that an officer has reasonable suspicion to conduct traffic stop even when his suspicion that a law has been violated is based on a reasonable mistake of law B. holding alj correctly held that officer had reasonable suspicion to make stop based on observation that driver crossed over shoulder stripe and was weaving within his traveling lane C. holding an officer could ask for consent to search the trunk of a car where he had reasonable suspicion that the driver had crossed the border illegally and could be transporting illegal aliens D. holding that a police officer may stop a driver where the officer has a reasonable and articulable suspicion regarding the commission of a civil traffic violation E. holding that an officers observations of a vehicle weaving between the center line and the shoulder line four to five times over a distance of approximately five miles created reasonable suspicion that the driver was under the influence

assistant: The best answer is B. holding alj correctly held that officer had reasonable suspicion to make stop based on observation that driver crossed over shoulder stripe and was weaving within his traveling lane
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: harm analysis for non-constitutional errors, and admits of no exceptions whatsoever. To this extent, it is consistent with Cain ’s pronouncement with respect to Rule 81(b)(2), namely, that it applies categorically to all non-constitutional errors. Rule 44.2(a), by contrast, actually includes within its text an explicit limitation. It applies Chapman ⅛ constitutional harm analysis, but only when the constitutional error “is subject to harmless error review” in the first place. This language more than suffices to accommodate the Supreme Court’s doctrine of structural error. In fact, the language of Rule 44.2(a) is sufficiently generalized that I feel compelled to question the Court’s continued adherence to Cain. See, e.g., Schmutz v. State, 440 S.W.3d 29, 38 (Tex. Crim. App. 2014) (<HOLDING>). Under Rule 44.2(a), who determines whether Options: A. holding error was structural because of the difficulty of assessing the effect of the error B. holding that the omission of an element is not a structural error subject to automatic reversal but rather where objected to is subject to harmless error analysis C. holding that even if there is error in failing to award nominal damages to a plaintiff such error is not a basis for reversal D. holding that complete denial of summation amounts to structural error and that existing case law did not clearly establish the restriction of summation as structural error E. holding that even after the enactment of rule 442 only structural error requires reversal without any harm analysis

assistant: The best answer is E. holding that even after the enactment of rule 442 only structural error requires reversal without any harm analysis
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 Plan shall be administered by the Corporation’s Human Resources Officer and the Compensation Division of the Corporation’s Human Resources Department, subject to the powers and responsibilities delegated pursuant to Sections 4.3 and 4.4 of this Plan; provided , however , that the Plan shall be administered by the Committee with respect to the Human Resources Officer and any “executive officer” of Northern Trust, within the meaning of Section 16 of the Exchange Act. Subject to the provisions of the Plan, the Human Resources Officer shall be authorized to interpret the Plan, to establish, amend, and rescind rules and regulations relating to the Plan, and to make all other determinations necessary or advisable for the administration of the Plan. The determination of the Human Resources Officer in the administration of the Plan, as described herein, shall, upon consultation with members of the Management Group, be final and conclusive. The Authorized Senior Manager shall be responsible for final approval of all awards to be paid under the Plan, subject to any necessary Committee or Board approval required by applicable law or as specified herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: It is the express intention and agreement of the parties hereto that the provisions of Sections 7 , 9 , 10 , 14 , 15 , 17 , 18 , 20 and 21 hereof and this Section 13 shall survive the termination of employment of the Executive. In addition, all obligations of the Employer to make payments hereunder shall survive any termination of this Agreement on the terms and conditions set forth herein.

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: 934, 937 (Tex.1972). The requisites of promissory estoppel in Texas are (1) a promise, (2) foreseeability of reliance thereon by the promisor, and (3) substantial reliance by the promisee to his detriment. English v. Fischer, 660 S.W.2d 521, 524 (Tex.1983). For the same reasons Appellants lack standing to assert a breach of contract cause of action, they likewise lack standing to assert a promissory estoppel cause of action. The summary judgment evidence conclusively establishes that Vantage did not make any promise to Appellants; Appellants do not dispute this, but claim only that Vantage made a promise to SFWA. In short, Appellants are not “promisees” who can assert the independent claim of promissory estoppel against Vantage. See, e.g., Wheeler v. White, 398 S.W.2d 93, 97 (Tex.1965) (<HOLDING>); see also O’Connor’s Texas Causes of Action Options: A. holding that proof that a promise was not kept alone is insufficient to make out a claim of promissory fraud since there is no proof that the defendants made the promise never intending to keep it B. holding that an admission from the promisor that he lacked intent to form a contract by his promise could provide clear and convincing evidence sufficient to support a jury verdict in favor of a plaintiff on a promissory fraud claim C. holding evidence legally sufficient under sections d and e D. holding evidence legally sufficient E. recognizing promissory estop pel theory may be invoked when promisee obtains promise from promisor that is less than a legally sufficient contract

assistant: The best answer is E. recognizing promissory estop pel theory may be invoked when promisee obtains promise from promisor that is less than a legally sufficient contract
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: Appellee argues that although he acknowledges receiving the notice of claim more than 60 days before the suit was brought, because appellant failed to notify him by certified mail, return receipt requested, the notice was somehow deficient. Appellee does not claim that he was harmed in any way by the failure to receive notice via certified, return receipt requested first class mail. We believe that appellant has fulfilled the primary purpose of the statute. See Netherland v. Wittner, 662 S.W.2d 786, 787 (Tex.App.—Houston [14th Dist.] 1983, writ refd n.r.e.). Several other courts have held that when dealing with notice requirements, the technicalities of the method of service are not crucial when the purposes of the notice statute have been satisfied. See Netherlands 662 S.W.2d at 787 (<HOLDING>); Hill v. W.E. Brittain, Inc., 405 S.W.2d 803, Options: A. holding that where appellant acknowledged timely receiving notice by regular mail appellant appeared and fully participated at the trial and appellant made no claim that he was harmed in any way appellee had fulfilled the primary purposes of texrcivp 21a B. holding that if an appellee raises an argument not addressed by the appellant in its opening brief the appellant may reply citation omitted C. holding no jurisdiction where appellant argued report was no report because it failed to mention appellant in any substantive way but trial court found report was merely deficient on element of causation as to appellant and granted extension D. holding that appellant had waived any objection to an instruction that he had himself introduced and which was amended by the state without objection from appellant E. holding trial court reversibly erred in not permitting appellant to withdraw his plea where court erroneously stated appellant could appeal motion was in fact not dispositive and appellant was entitled to rely on the courts statement

assistant: The best answer is A. holding that where appellant acknowledged timely receiving notice by regular mail appellant appeared and fully participated at the trial and appellant made no claim that he was harmed in any way appellee had fulfilled the primary purposes of texrcivp 21a
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 Guarantee and the other Credit Documents represent the agreement of the Guarantors, the Administrative Agent and the Lenders with respect to the subject matter hereof and thereof, and there are no promises, undertakings, representations or warranties by the Guarantors, any Agent nor any Lender relative to subject matter hereof not expressly set forth or referred to herein or in the other Credit Documents. THIS GUARANTEE AND THE OTHER CREDIT DOCUMENTS (AS DEFINED IN THE CREDIT AGREEMENT) CONSTITUTE THE ENTIRE UNDERSTANDING AMONG THE PARTIES HERETO WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDE ANY PRIOR AGREEMENTS, WRITTEN OR ORAL, WITH RESPECT THERETO. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.

assistant: Integration
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 claim that falls within the scope of the contract must be arbitrated upon demand. In other words, the clause reflects that arbitration does not require the mutual consent of both insurer and insured. Therefore, we find in accordance with the policy language, arbitration became compulsory at the request of either party. We, therefore, reverse the Order denying Appellant’s petition to compel arbitration. ¶ 12 Turning to Appellant’s remaining issues we find they are not properly before this Court at this time. The only appeal-able matter before this Court concerns Appellant’s petition to compel arbitration, and, as such, our review is confined to the narrow issue of whether the petition was properly denied. See Shadduck v. Christopher J. Kaclik, Inc., 713 A.2d 635 (Pa.Super.1998), (<HOLDING>); see also Messa v. State Farm Ins. Co., 433 Options: A. holding that review of the denial of a motion to compel arbitration is under the de novo standard B. holding that where appellants preliminary objections both in nature of demurrer and in nature of motion to compel arbitration were denied appellate review is limited to that portion of the courts order which denied the motion to compel arbitration the other issues are not ripe for review C. holding that trial court properly denied motion to compel arbitration of claims for fraud and unfair and deceptive trade practices because arbitration clause in agreement only applied to indemnification claims and there were no other arbitration clauses in agreement D. holding that claims were subject to arbitration and converting the motion to compel into a motion to dismiss for improper venue because the contract mandated arbitration in california E. holding that once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration

assistant: The best answer is B. holding that where appellants preliminary objections both in nature of demurrer and in nature of motion to compel arbitration were denied appellate review is limited to that portion of the courts order which denied the motion to compel arbitration the other issues are not ripe for review
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and therefore [the medical conditions] cannot be causally related to asbestos exposure sufficient to sustain a compensable injury.” Tr. Ct. Slip Op. at 4; “Neither of the plaintiffs can currently meet his burden of demonstrating that asbestos exposure created impairment or disability beyond the severe breathing problems he has from smoking and other ailments.” Summers v. Certainteed Corp., 886 A.2d at 246-47 (OISA). As noted, supra Part II, “summary judgment is appropriate only in those cases where the record clearly demonstrates that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.” Atcovitz v. Gulph Mills Tennis Club, Inc., 571 Pa. 580, 812 A.2d 1218, 1221-22 (2002). Equally clea 07 Pa. 339, 180 A.2d 414, 419 (1962) (<HOLDING>); Finney v. G.C. Murphy, Co., 406 Pa. 555, 178 Options: A. holding that it is not the courts role to decide whether an experts opinion is correct B. holding that a physicians negligence need only be a proximate cause not the proximate cause of plaintiffs injury C. holding that negligence must be the proximate cause of injury D. holding where reasonable difference of opinion as to whether the defendants act was the or a proximate cause of the injury the matter is for the jury to decide E. holding that whether the negligent acts of parties combined to become the proximate cause of the injury was a question for the jury

assistant: The best answer is D. holding where reasonable difference of opinion as to whether the defendants act was the or a proximate cause of the injury the matter is for the jury to decide
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: appeal was from the order of the district court affirming associate judge’s order and it was assigned appellate cause number 01-07-00520-CV. We consolidated the two appeals into cause number 01-07-00520-CV. Because the associate judge’s order did not become an order of the court until it was affirmed by the district court judge, see id. § 54.1020, it is the district court order that we review on appeal. 13 . See Malooly Bros., Inc. v. Napier, 461 S.W.2d 119, 121 (Tex.1970). 14 . Appellants also argue that Wade failed to establish that the challenged statements were defamatory, but this argument was not raised as a ground for summary judgment in appellants' second motion for summary judgment and so we cannot consider it. See Travis v. City of Mesquite, 830 S.W.2d 94, 100 (Tex.1992) (<HOLDING>); City of Houston v. Clear Creek Basin Auth., Options: A. holding the order is only reviewable if actually considered by the district court B. holding that issues not fairly presented to the trial court are waived C. holding that appellate court may only review issues actually presented to and considered by the trial court D. holding issues not raised to and ruled upon by the trial court are not preserved for appellate review E. holding that an issue not presented to the trial court will not be considered on appeal

assistant: The best answer is C. holding that appellate court may only review issues actually presented to and considered by the trial court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that because the City had no control over Judge Travis in his judicial capacity, it had no power to authorize or ratify his conduct and thus could not be responsible for his acts. Plaintiffs contend Judge Travis was a city policy maker because the actions of municipal judges may constitute official municipal policy if the judge holds absolute sway over particular tasks. In Familias Unidas v. Briscoe, 619 F.2d 391, 404 (5th Cir.1980), the court found that under Texas law, county judges have duties such as presiding over county commissioners and preparing the county budget which can constitute official county policy making. A city may be liable for a judge’s acts if those acts are in accordance with city policy. Williams v. Butler, 863 F.2d 1398, 1402-03 (8th Cir.1988) (en banc) (<HOLDING>), cert. denied, 492 U.S. 906, 109 S.Ct. 3215, Options: A. holding that city managers single unconstitutional action was sufficient for the imposition of municipal liability B. holding that a city may be held liable on account of the unconstitutional conduct of city officials only if the citys policy or custom played a part in the violation C. holding that a jurys finding that a city had delegated its final policymaking authority in the area of law enforcement to a city police chief was supported by the evidence and warranted imposing liability upon the city D. holding a city liable for personal injuries caused by a driver colliding with a girder in the center of a city street where the city did not give a warning E. holding a city liable for the unconstitutional firing of two clerks by a municipal judge when it was clear the city had delegated to him final administrative authority over employment matters

assistant: The best answer is E. holding a city liable for the unconstitutional firing of two clerks by a municipal judge when it was clear the city had delegated to him final administrative authority over employment matters
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 only plainly discernible purpose for Article 120 was to seek to impose an additional measure of punishment upon those who had violated the laws of the Commonwealth.” Plaintiffs point to the a transcript of the debates at the 1998 and 2000 Constitutional Conventions over the bill that ultimately became Article 120. Plaintiffs also rely on language from Acting Governor Cellucci’s proposed amendment and his statements to the public, an amendment which was not accepted. These statements include: “The time has come to tell would-be criminals in Massachusetts that committing crimes has serious consequen Facto Clause. See, e.g., Smith v. Doe, 538 U.S. 84, 92, 123 S.Ct. 1140, 155 L.Ed.2d 164 (2003); see also United States v. Salerno, 481 U.S. 739, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987) (<HOLDING>). The Supreme Court has stated that felon Options: A. holding preventative detention under the bail reform act was permissible because it was regulatory and preventative rather than punitive B. holding that a defendants propensity to commit crime generally even if the resulting harm would be not solely physical may constitute sufficient risk of danger to come within contemplation of the bail reform act C. holding that a prisoners claim was saved by his request for nominal and punitive damages even though he could not recover compensatory damages under the prison litigation reform act D. holding that under the bail reform act for a defendant to have been convicted of two or more offenses constituting crimes of violence offenses must have been committed on different occasions E. holding that the bankruptcy reform act of 1978 publ no 95598 92 stat 2549 precluded dismissal of cases pending before enactment of the reform act in order to refile under the act

assistant: The best answer is A. holding preventative detention under the bail reform act was permissible because it was regulatory and preventative rather than punitive
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: unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to offend the interests of justice____” Rova Farms Resort, Inc. v. Investors Ins. Co., 65 N.J. 474, 484, 323 A.2d 495 (1974) (internal quotation marks and citation omitted). Judge Winkelstein’s opinions contain a comprehensive discussion of the facts, inferences drawn, and their application to the law. The judge set forth in detail the arguments advanced by plaintiff and his reasons for rejecting each argument, made credibility assessments where necessary, and explained his legal conclusions. We affirm substantially on the basis of the cogent and exhaustive opinions of Judge Winkelstein, which we have determined to be well supported by the evidence and legally unassailable. See ibid, (<HOLDING>). Affirmed. 1 Mikalu, LLC, settled prior to Options: A. holding that a reviewing court has the power to reject the findings and conclusions of the trial court where the findings are not supported by the evidence B. holding that trial courts resolution of disputed facts are conclusive on appeal when supported by substantial evidence C. holding that the trial courts factual findings related to alimony will be upheld on appeal if supported by any evidence D. holding that the nonbinding findings of an nlrb trial examiner may be considered in a subsequent appeal to establish whether an employees removal was supported by substantial evidence E. holding that findings by the trial judge are considered binding on appeal when supported by adequate substantial and credible evidence

assistant: The best answer is E. holding that findings by the trial judge are considered binding on appeal when supported by adequate substantial and credible evidence
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 agrees to pay all reasonable costs and expenses of the Administrative Agent in connection with the preparation, execution and delivery of this Amendment and the other instruments and documents to be delivered hereunder, if any (including, without limitation, the reasonable fees and expenses of Cahill Gordon & Reindel llp , counsel for the Administrative Agent) in accordance with the terms of Section 9.03 of the Credit Agreement.

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

user: Subject to Section 5, each Party agrees that, without the prior written consent of the other Party, such Party will not, and will cause its Representative not to, disclose to any other Person (i) that Evaluation Material has been exchanged between the Parties, (ii) that discussions or negotiations are taking place between the Parties concerning a Possible Transaction or any other transaction between the Parties or (iii) any of the terms, conditions or other facts with respect thereto (including the status thereof) ; provided, however, that nothing contained herein shall be deemed to inhibit, impair or restrict the ability of Recipient or its Representatives from having discussions or negotiations with other persons relating to potential financing in connection with the Possible Transaction so long as each of such Persons agrees in writing to be bound by the terms of this Agreement applicable to Representatives.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Section shall survive resignation or replacement of the Administrative Agent, Collateral Agent, any Joint Lead Arranger, any Issuing Bank, any Swingline Lender or any Lender, termination of the commitments hereunder and repayment, satisfaction and discharge of the loans and obligations hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Plan shall be construed, administered, and governed in all respects in accordance with the applicable federal law and, to the extent not preempted by federal law, in accordance with the laws of the State of Missouri.

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: Nothing contained in this Amendment shall be construed as a waiver by Agent or any Lender of any covenant or provision of the Credit Agreement (as amended hereby), the Other Documents, this Amendment, or of any other contract or instrument between any Borrower and Agent or any Lender, and the failure of Agent or any Lender at any time or times hereafter to require strict performance by any Borrower of any provision thereof shall not waive, affect or diminish any right of Agent to thereafter demand strict compliance therewith. Agent and each Lender hereby reserve all rights granted under the Credit Agreement, the Other Documents, this Amendment and any other contract or instrument between any Borrower, Lenders and Agent.

assistant: No Waivers
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: will- confer jurisdiction for a cause of action for breach of that contract.” Authority from other jurisdictions also supports this conclusion. For example, in Agency Rent A Car System, Inc. v. Grand Rent A Car, Corp., 98 F.3d 25 (2nd Cir. 1996), a New York-based rental-car franchisor filed' a declaratory judgment action in New York against its out-of-state franchisees seeking a declaration' that it would not breach its licensing agreements with the franchisees by competing with them in their respective states. The Second Circuit, construing a long-arm statute essentially identical to Virginia’s, held that the franchisees were subject to personal jurisdiction in New York because they had “transacted business” under New York’s long-arm statute by, among other 3, 779 (S.D.Ohio 1999) (<HOLDING>). But see Martin E. Segal Co. v. Barton, 612 Options: A. holding the defendant employee subject to personal jurisdiction in ohio based on his businessrelated travels to ohio in an action for breach of a noncompetition agreement B. holding a decision denying a motion to dismiss an action for lack of personal and subject matter jurisdiction is not appealable C. holding that sixyear contract statute of limitations did not apply reasoning that an action to recover damages for personal injuries based on breach of warranty is only nominally based on contract D. holding negotiating over the telephone with an ohio resident and mailing a contract to ohio to be accepted were sufficient to grant ohio courts jurisdiction E. holding an action for postpetition breach of an agreement to purchase property to be a core proceeding

assistant: The best answer is A. holding the defendant employee subject to personal jurisdiction in ohio based on his businessrelated travels to ohio in an action for breach of a noncompetition agreement
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: Barnes, 295 F.3d at 1368; see also Jennings, 323 F.3d at 275 (stating that the defendant “has other avenues he can pursue to fall within the ... exception of 18 U.S.C. § 921 (a)(33)(B)(ii)”). Consequently, we agree with those circuits holding that, in states where civil rights are not removed for a misdemeanor conviction of a crime of domestic violence, an individual convicted of such a misdemeanor “cannot benefit from the federal restoration exception.” Smith, 171 F.3d at 623. One circuit has disagreed, seeing an inconsistency in a scheme that bars misde- meanants who have never had their civil rights removed from possessing a gun, but allowing those who have had their rights removed, but then restored, to possess a gun. See United States v. Wegrzyn, 305 F.3d 593, 595 (6th Cir.2002) (<HOLDING>). We do not believe this reasoning is sound. Options: A. holding that crimes subject to a minimum sentence of 15 years under 18 usc 924e1 are properly characterized as class a felonies under 18 usc 3559 B. holding that a defendant cannot collaterally attack his sentence under 18 usc 3582c2 C. holding that misdemeanants under michigan law cannot be convicted under 18 usc 921a33bii because their civil rights were never lost D. holding that when the plaintiff presents direct evidence of discrimination federal law provides appropriate guidance for analyzing claims brought under the michigan civil rights act E. holding that the state law of collateral estoppel applies in civil rights actions brought under 42 usc 1983

assistant: The best answer is C. holding that misdemeanants under michigan law cannot be convicted under 18 usc 921a33bii because their civil rights were never lost
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 invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision which shall remain in full force and effect. The Parties undertake to replace such invalid or unenforceable provision by a valid and enforceable provision which accomplishes as far as possible the purpose and the intent of the invalid or unenforceable provision.

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: Executive is bound by this Agreement. Anyone who succeeds to his rights and responsibilities, such as his heirs or the executors of his estate, is also bound. This Agreement is made for Caladrius’ benefit and all who succeed Caladrius’ rights and responsibilities, such as Caladrius’ successors or assigns.

assistant: Enforceability