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: plaintiffs claim for benefits in this case for the period between April 1998 and May 2001 is barred by the principles of res judicata. As a result, plaintiffs monetary claim as of the date the complaint was filed is far below the statutory jurisdictional threshold of $75,000 for diversity cases. Accordingly, defendant’s motion to dismiss the amended complaint for Jack of subject matter jurisdiction is granted. Since the dis Cross, No. 93 Civ. 1334, 1996 WL 18901, *8 (S.D.N.Y. Jan. 17, 1996) (refusing to convert 12(b)(6) motion to dismiss on res judicata grounds into summary judgment motion despite consideration of records in prior judicial proceedings), aff'd 113 F.3d 1229, 1997 WL 279912 (2d Cir.1997) (unpublished decision); Kramer v. Time Warner Inc., 937 F.2d 767, 774 (2d Cir.1991) (<HOLDING>). Second, under Rule 12(b)(1), under which this Options: A. holding that another courts decision is a proper subject of judicial notice B. holding that courts may take judicial notice of sec filings that are matters of public record C. recognizing that courts routinely take judicial notice of documents filed in other courts D. recognizing that a court may take judicial notice of court filings and other matters of public record E. recognizing that the court may take judicial notice of its own docket

assistant: The best answer is C. recognizing that courts routinely take judicial notice of documents filed in other 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: any proceeding to enforce this arbitration agreement , including any proceeding to confirm , modify , or vacate an arbitration award , may be commenced in any court of competent jurisdiction .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Security Agreement, together with the Intercreditor Agreement and the other Security Documents, embodies the entire agreement and understanding between the Grantors and the Collateral Agent relating to the Collateral and supersedes all prior agreements and understandings between the Grantors and the Collateral Agent relating to the Collateral.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS THIRD AMENDMENT (INCLUDING, BUT NOT LIMITED TO, THE VALIDITY AND ENFORCEABILITY HEREOF) SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS.

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 case excerpt and choose the best holding from the options. Case excerpt: estoppel, breach of contract, conversion, fraud and misrepresentation, breach of covenant of good faith and fair dealing, tortious interference with a business relationship, and tortious interference with a contract relationship) relate to the defendants not paying plaintiff for services preformed in the plaintiffs employment capacity. Since the Agreement defines or “pertains to” the employment capacity of the plaintiff, these common law claims fall within the scope of the arbitration clause. The Agreement states that arbitration is appropriate in “any dispute arising under this Agreement to the maximum extent allowed by applicable law.” That would include plaintiffs claim for defamation in violation of state law. See McGinnis v. E.F. Hutton & Co., 812 F.2d 1011, 1013 (6th Cir.1987) (<HOLDING>) In this case, the alleged defamatory Options: A. holding that termination is an adverse employment action B. holding that a clause limiting arbitration to employment termination extends to a defamatory comment made after such termination about employees service C. holding that although a reason was provided in the termination letter the without cause termination provision was applicable D. holding requirement in contract to provide notice for termination but not limiting reasons for termination constitutes atwill employment relationship E. holding that the close connection in time between the complaint and termination indicated that complaints could have been a motivating factor for employees termination

assistant: The best answer is B. holding that a clause limiting arbitration to employment termination extends to a defamatory comment made after such termination about employees service
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: linden lab reserves the right to treat user content on the service as content stored at the direction of users for which linden lab will not exercise control except to block or remove content that comes to linden lab 's attention and is offensive , obscene , abusive , illegal or otherwise objectionable to linden lab , or to enforce the rights of third parties or the content restrictions set forth below ( in sections 2 and 7 ) , when notice of their violation comes to linden lab 's attention .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 545, 219 Ill.Dec. 823, 672 N.E.2d 331 (1996) (suppressing juvenile’s confession where his mother’s attempts to see her son “were clearly frustrated by the police so that they could create an intimidating atmosphere and obtain a confession”); People v. Montanez, 273 Ill.App.3d 844, 210 Ill.Dec. 295, 652 N.E.2d 1271 (1995) (same); In re J.O., 231 Ill.App.3d 853, 173 Ill.Dec. 406, 596 N. (1986) (same). The second approac ing that juveniles are not permitted to waive privilege against self-incrimination unless friendly adult is present and gives guidance); In re E.T.C., 141 Vt. 375, 449 A.2d 937 (1982) (interpreting Vermont Constitution to require presence of interested adult during custodial interrogation of juvenile); State ex rel. J.M. v. Taylor, 166 W.Va. 511, 276 S.E.2d 199 (1981) (<HOLDING>). Cf. Sevion v. State, 620 N.E.2d 736 Options: A. holding that juveniles may waive constitutional rights B. holding that a federal criminal defendant may waive jury trial without advice of counsel C. holding that juveniles may waive right to counsel only upon advice of counsel D. holding that juveniles may not waive counsel unless parent or guardian also waives that right E. recognizing that the sixth amendment guarantees a defendant the right to counsel and the right to waive counsel

assistant: The best answer is C. holding that juveniles may waive right to counsel only upon advice of counsel
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As a condition to delivery of the Shares in respect of vested RSUs, Section 15(d) of the Plan requires Participant to make provisions satisfactory to the Company for payment of, any federal, state or local taxes and other statutory obligations (including, but not limited to, Participant’s FICA and SDI obligations) in respect of the transfer of Shares in settlement of the RSUs. The Company shall have the power and the right to (i) deduct or withhold from all amounts payable to Participant pursuant to the RSUs or otherwise, or (ii) require Participant to remit to the Company, an amount sufficient to satisfy any applicable taxes of any kind or other statutory obligations (including, but not limited to, Participant’s FICA and SDI obligations) which the Company, in its sole discretion, deems necessary to be withheld or remitted to comply with the Code and/or any other applicable law, rule or regulation with respect to the RSUs and, if Participant fails to do so, the Company may otherwise refuse to issue or transfer any Shares otherwise required to be issued pursuant to this Agreement. The Company may permit or require any such statutorily required minimum withholding obligation with regard to Participant to be satisfied by reducing the amount of Shares otherwise deliverable to Participant hereunder.

assistant: Tax Withholdings
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: See, e.g., Elementis Chems., Inc. v. T.H. Agric. & Nutrition, L.L.C., 373 F. Supp. 2d 257, 264 (S.D.N.Y. 2005) (describing the exceptions to strict liability imposed by the federal Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § 9607 — exceptions that are substantively similar to those in section 143-215.83(b)(2) — as affirmative defenses), superseded in part on other grounds by Consol. Edison Co. of N.Y., Inc., v. UGI Utils., Inc., 423 F.3d 90 (2d Cir. 2005); Grand St. Artists v. Gen. Elec. Co., 28 F. Supp. 2d 291, 295-96 (D.N.J. 1998) (same); United States v. Stringfellow, 661 F. Supp. 1053, 1062 (C.D. Cal. 1987) (same); see also City of Brentwood v. Cent. Valley Reg’l Water Quality Control Bd., 20 Cal. Rptr. 3d 322, 329-30 (Cal. Ct. App. 2004) (<HOLDING>). Furthermore, it is well-established that Options: A. holding that the defendant could not raise affirmative defenses initially in its dispositive motion but remanding the case to the trial court to determine if leave to amend answer to incorporate affirmative defenses was appropriate so that the defendant could then properly raise those defenses in its dispositive motion B. recognizing that cases have generally treated statutory exceptions from remedial statutes as affirmative defenses C. holding that affirmative defenses are waived if not pled D. holding that exceptions such as the act or omission of a third party to strict liability under section 13385 of californias water code are affirmative defenses E. holding that apart from threshold defenses such as lack of in personam jurisdiction service of process standing and the like the enumerated 547c preference exceptions are the ex elusive defenses to liability for an otherwise avoidable preferential transfer

assistant: The best answer is D. holding that exceptions such as the act or omission of a third party to strict liability under section 13385 of californias water code are affirmative defenses
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF THE PARTIES WAIVES THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OR RELATED TO THIS AGREEMENT IN ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY OR ANY AFFILIATE OF ANY OTHER SUCH PARTY, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE. THE PARTIES AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION SHALL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT OR ANY PROVISION HEREOF. THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THIS AGREEMENT.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Employer that is liable to make a payment hereunder shall have the right to deduct from any deferral or payment made hereunder, or from any other amount due a Participant, the amount of cash sufficient to satisfy the Employer’s foreign, federal, state or local income tax withholding obligations with respect to any amount deferred hereunder, whether at the time of deferral, vesting or payment thereof. In addition, if prior to the date of distribution of any amount hereunder, the Federal Insurance Contributions Act (FICA) tax imposed under Code Sections 3101, 3121(a) and 3121(v)(2), where applicable, becomes due, then the Employer may distribute from the Participant’s Account balance the amount needed to pay the Participant’s portion of such tax, plus an amount equal to the withholding taxes due under federal, state or local law resulting from the payment of such FICA tax, and an additional amount to pay the additional income tax at source on wages attributable to the pyramiding of the section 3401 wages and taxes, but no greater than the aggregate of the FICA amount and the income tax withholding related to such FICA amount. Each Participant shall be responsible for the payment of all individual tax liabilities relating to any benefits under the Plan.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or any instrumentality of a State or political subdivision thereof, any public or private agency, institution, or organization, or other entity ... to whom Federal financial assistance is extended ... and which operates an education program or activity which receives or benefits from such assistance. ... 34 C.F.R. § 106.2(h). Plaintiffs have asserted that “VHSL is an incorporated federation of public high schools, which receives federal funding and which operates an education program or activity which receives or benefits from such assistance.” (Complaint at 9) Assuming that to be true, as the court must for purposes of a Rule 12(b)(6) motion, plaintiffs state a Title IX claim for which relief can be granted. See Horner v. Kentucky High School Athletic Ass’n, 43 F.3d 265 (6th Cir.1994) (<HOLDING>). Plaintiffs have stated a claim upon which Options: A. holding that a college received federal funds where the funds were granted to its students as financial aid rather than directly to the college because the language of the section does not distinguish between direct and indirect receipt of federal funds B. holding that ohio high school athletic association was not a recipient of federal funds because it did not receive direct federal assistance and it did not receive money from local schools who were recipients of federal assistance C. holding that ncaa was not an indirect recipient of federal funds even though it received dues from schools that received federal funds D. holding that kentucky high school athletic association was an indirect recipient of federal funds because it was created by state law its functions were determined by the kentucky board of education and it received dues from member schools who received federal funds E. holding that kentucky high school athletic associa tion qualified as agent of the state and as recipient of federal funds so as to be subject to title ix when association received dues from member schools which received federal funds

assistant: The best answer is E. holding that kentucky high school athletic associa tion qualified as agent of the state and as recipient of federal funds so as to be subject to title ix when association received dues from member schools which received federal funds
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 5. In the event that the Recipient is required to disclose Classified Information by subpoena, law or other directive of a court, administrative agency, or arbitration panel, the Recipient will provide VELCO with immediate notice of such request in order to enable VELCO (and Recipient shall cooperate fully with VELCO) to seek an appropriate protective order or other remedy.

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 case excerpt and choose the best holding from the options. Case excerpt: hereby ORDERED that Defendant’s motion be denied. It is FURTHER ORDERED that the parties shall have 60 days from the date of this order to conduct discovery; and it is FURTHER ORDERED that a trial in this matter will be held on September 17,1993 at 10 a.m. 1 . The Recognition Agreement provided that the Union could demonstrate majority status by a card check procedure instead of a formal National Labor Relations Board (NLRB) election. It further provided that, upon the Union’s demonstration of majority support, the Collective Bargaining Agreement would apply to all new union members. See Plaintiff's Complaint for Declaratory and Injunctive Relief, Exh. B. 2 . See also Retail Clerks Int'l Ass'n Local 128 v. Lion Dry Goods, Inc., 369 U.S. 17, 28, 82 S Ct. 541, 548, 7 L.Ed.2d 503 (1962) (<HOLDING>); Mack Trucks, Inc. v. International Union, Options: A. holding that a federal district court may decide whether an activity is an unfair labor practice under the nlra when the matter is raised as a defense to a claim under an independent federal remedy over which the federal district courts do have jurisdiction B. holding neutrality and nondiscrimination provisions of election agreement enforceable under 301 of the lmra as an agreement between an employer and a labor organization significant to the maintenance of labor peace between them C. holding plaintiff must charge that the alleged breach violates a contract between two labor organizations D. holding that state law claim regarding breach of settlement agreement was preempted by federal labor law E. holdingthat 301a confers jurisdiction on federal district courts over any agreement between employers and labor organizations significant to the maintenance of labor peace between them

assistant: The best answer is E. holdingthat 301a confers jurisdiction on federal district courts over any agreement between employers and labor organizations significant to the maintenance of labor peace between them
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 can be assigned by the Bank and shall be binding and inure to the benefit of the Bank, its successors and assigns. No right, obligation or duty of this Agreement may be assigned by Employee without the prior written consent of the Bank.

assistant: Assignments
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 terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before September 30, 2016; provided , however , that the right to terminate this Agreement under this Section 5.1 shall not be available to a Purchaser whose failure to fulfill any obligation under this Agreement has been the proximate cause of or resulted in the failure of the transactions contemplated hereunder to occur on or before such date; provided further , however , that such termination will not affect the right of any party to sue for any breach by any other party (or parties).

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: Except as permitted by the Facility Documents, Seller shall not cause any of the Repurchase Assets (including Transaction Mortgage Loans) and the Participation Certificates to be sold, pledged, assigned or transferred to the extent such sale, pledge, assignment or transfer would cause a default under the Facility Documents; nor shall Seller create, incur, assume or suffer to exist any mortgage, pledge, Lien, charge or other encumbrance of any nature whatsoever on any of the Repurchase Assets whether real, personal or mixed, now or hereafter owned, other than Liens in favor of Buyer or as permitted by the Facility Documents.

assistant: Liens
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: pose some danger to themselves or others."). 34 Marberry, 262 Wis. 2d 720, ¶ 19 (Sykes, J., lead opinion) (emphasis added). 35 Post, 197 Wis. 2d at 328. 36 Seling v. Young, 531 U.S. 250, 265 (2001) ("Accordingly, due process requires that the conditions and duration of confinement under the Act bear some reasonable relation to the purpose for which persons are committed."); O'Connor v. Donaldson, 422 U.S. 563, 575 (1975) ("[E]ven if his involuntary confinement was initially permissible, it could not constitutionally continue after that basis no longer existed."); Jackson v. Indiana, 406 U.S. 715, 738 (1972) (due process requires that the nature and duration of commitment bear a reasonable relation to the purpose for which the individual is committed); Rachel, 254 Wis. 2d 215, ¶¶ 54-56 (<HOLDING>); State ex rel. Watts v. Combined Cmty. Servs. Options: A. holding that ch 980 does not violate due process because ch 980 committees have access to adequate procedures through which to seek judicial review B. holding that a district court grievance committees reliance on a state courts findings without holding an independent hearing did not violate the attorneys due process rights C. holding that substantive review is adequate D. holding that 1915g does not violate a prisoners right to access the courts separation of powers due process or equal protection E. holding that doctrine does not violate due process

assistant: The best answer is A. holding that ch 980 does not violate due process because ch 980 committees have access to adequate procedures through which to seek judicial 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: against the City of Chicago, Chicago police officer James Bruce, EAR, and Pantalena. However, the City of Chicago and officer Bruce already filed a motion for summary judgment that this court denied. Defendants EAR and Pantalena now move for summary judgment on counts I, II, IV, V, and VI — the only counts against them. Because the court has already denied the City’s and officer Bruce's motion for summary judgment, this Opinion will only discuss Doe's claims as they pertain to defendants EAR and Pantalena. 2 . In the court's order denying the City's and officer Brace's motion for summary judgment, the court found a genuine issue of material fact over whether there was probable cause to arrest Doe. See, e.g., Moore v. Marketplace Restaurant, Inc., 754 F.2d 1336, 1345 (7th Cir.1985) Options: A. holding that an illegal arrest occurred when the defendant was transported without probable cause from his home to the police station for fingerprinting and that the line is crossed when the police without probable cause or a warrant forcibly remove a person from his home or other place in which he is entitled to be and transport him to the police station where he is detained although briefly for investigative purposes B. holding a fact question exists regarding probable cause where a citizen provided inaccurate information to the police and the police made an arrest without conducting a reasonable investigation C. holding that a determination of probable cause does not bar a state law malicious prosecution claim where the claim is based on the police officers supplying false information to establish probable cause D. holding that a police officer who secures an arrest warrant without probable cause cannot assert an absolute immunity defense E. holding that police were justified in arresting person on basis of information provided directly to police by named citizen informer reliance on the information was justified in part because the informant by giving her name presumably knew that the police could arrest her for making a false report

assistant: The best answer is B. holding a fact question exists regarding probable cause where a citizen provided inaccurate information to the police and the police made an arrest without conducting a reasonable investigation
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: conclude that it is for the trier of fact to decide as a question of fact whether the alleged act, consequence, or other condition actually occurred in Michigan. Whether a statute applies is generally a question of law, Alex v Wildfong, 460 Mich 10, 21; 594 NW2d 469 (1999), as is the proper interpretation and application of a statute, People v Coutu, 459 Mich 348, 353; 589 NW2d 458 (1999). Therefore, we conclude that it is for the trial court to initially decide as a question of law whether a particular alleged act, consequence, or other condition would be legally sufficient to confer territorial jurisdiction. Stated another way, the trial court must exercise an initial gatekeeping function by first determining whether the facts to be offered by the prosecution, if proven, 1319 (1995) (<HOLDING>); State v Liggins, 524 NW2d 181, 184-185 (Iowa, Options: A. holding that the territorial jurisdictional issue is a factual determination which is within the province of the jury to resolve under appropriate instructions and that we agree with the weight of authority that the territorial jurisdictional issue must be proved beyond a reasonable doubt B. holding that the basis of in rem jurisdiction is the presence of the subject property within the territorial jurisdiction of the forum state C. holding that the state must establish that a legal situs of the offense was in delaware and that the reviewing court is required to determine whether any rational trier of fact could have found the existence of territorial jurisdiction beyond a reasonable doubt D. holding that in the very rare case in which jurisdiction is legitimately in issue because of contradicting jurisdictional facts arizonas territorial jurisdiction must be established beyond a reasonable doubt by the jury E. holding that territorial jurisdiction must be proven beyond a reasonable doubt

assistant: The best answer is D. holding that in the very rare case in which jurisdiction is legitimately in issue because of contradicting jurisdictional facts arizonas territorial jurisdiction must be established beyond a reasonable doubt by the jury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: proof of trafficking or possession with intent to traffic only by a preponderance of the evidence. See United States v. Johnson, Nos. 97-CR-206, 98-CR-160, 1999 WL 395381, *11 n. 3 (N.D.N.Y.1999), affd, 221 F.3d at 98; see also U.S.S.G. § 6A1.3 cmt. background. Jordan further contends that because he admitted only to knowing possession of the images in question, the district court erred in considering evidence that he had trafficked in other child pornography before his arrest. This argument lacks merit. Jordan’s past behavior and his admission that he previously trafficked in other child pornography were relevant to the intent with which he possessed the images that were the subject of the indictment. Cf. United States v. Von Foelkel, 136 F.3d 339, 341 (2d Cir. 1998) (per curiam) (<HOLDING>). The district court did not clearly err in Options: A. holding on a criminal appeal that prior bad acts evidence is admissible to prove intent to commit the charged crime B. holding that a prior conviction may be a bad act for purposes of rule 404b if substantial evidence supports a finding that defendant committed both acts and the probative value is not limited solely to tending to establish the defendants propensity to commit a crime such as the crime charged C. holding that a notguilty plea places defendants intent at issue and evidence of similar prior crimes can thus be relevant to prove intent to commit charged crime D. holding prior bad acts evidence is admissible where there is an articulation or identification of the consequential fact to which the proffered evidence of other acts is directed E. holding that the more similar the prior bad act is to the charged crime the more relevant the prior bad act becomes toward proving intent

assistant: The best answer is A. holding on a criminal appeal that prior bad acts evidence is admissible to prove intent to commit the charged crime
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: those transfers which a debtor would transact anyway as a function of its day to day operations. Under this reading of § 1146(c), it is unlikely that the debtor’s transfers in NVR Homes would have been eligible for § 1146(c) relief. More significantly, however, limiting eligible transfers to those “under a plan confirmed” limits such transfers to those over which the bankruptcy court has jurisdiction, i.e., those which concern the debtor and property of the debtor’s estate. Several courts, including the Fourth Circuit, have relied on this meaning of “under a plan confirmed” to exclude transfers between third parties over which the bankruptcy court may otherwise lack jurisdiction. See, e.g., Mensh v. Eastern Stainless Corp. (In Case of Eastmet Corp.), 907 F.2d 1487, 1489 (4th Cir.1990) (<HOLDING>); In re Kerner Printing Co., Inc., 188 B.R. Options: A. holding that mers is capable of being a valid beneficiary of a deed of trust and that while entitlement to enforce both the deed of trust and the promissory note is required to foreclose nothing requires those documents to be unified from the point of inception of the loan B. holding that a beneficiary under a deed of trust was entitled to reformation of the grantors deed C. holding that mers was not the beneficiary of a deed of trust under the oregon trust deed act absent conveyance to mers of the beneficial right to repayment and that mers could not hold or transfer legal title to the deed as the lenders nominee D. holding that when note and deed of trust were null and void and of no legal effect because of forgery assignee of note and deed of trust nevertheless had equitable lien upon property for value of construction work for which note and deed of trust were given E. holding that while nondebtor purchase money deed of trust can be described as part of the same transaction by which the buyer acquired debtors real property that does not elevate the deed of trust to status of something under a plan confirmed

assistant: The best answer is E. holding that while nondebtor purchase money deed of trust can be described as part of the same transaction by which the buyer acquired debtors real property that does not elevate the deed of trust to status of something under a plan confirmed
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: issues on appeal. As to the damages award, the City failed to bring a post-verdict motion pursuant to Federal Rule of Civil Procedure 50(b). See Nitco Holding Corp. v. Boujikian, 491 F.3d 1086, 1089 (9th Cir.2007) (stating that “failure to comply with [Rule 50(b) ] precludes a later challenge to the sufficiency of the evidence on appeal”). Without a Rule 50(b) motion, the City cannot now make a sufficiency claim as to the jury’s damages award. As to the City’s arguments on the attorneys’ fee award, an order on attorneys’ fees is collateral to, and separately appealable from, the judgment. See, e.g., Culinary & Serv. Emps. Union, AFL-CIO Local 555 v. Haw. Emp. Ben. Admin., Inc., 688 F.2d 1228, 1232 (9th Cir.1982); see also Kennedy v. Applause, Inc., 90 F.3d 1477, 1483 (9th Cir.1996) (<HOLDING>). “Compliance with these time limitations is Options: A. holding that an attorneys fees award is not appealable until the amount of the award is set B. recognizing that an attorneys fee award does not become final and ripe for review until the amount is set 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 trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees E. holding merely that the evidence was sufficient to support the award of attorneys fees

assistant: The best answer is A. holding that an attorneys fees award is not appealable until the amount of the award is set
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices and other communications given in connection with this Agreement shall be in writing and shall be given by personal delivery, by telecopier or similar facsimile means, by electronic mail, by overnight U.S. mail, return receipt requested and postage prepaid, or by express courier or recognized overnight delivery service, charges prepaid, to such party’s address or telecopier number set forth on the signature pages hereto. Notice shall be deemed given upon receipt. Notice of any change in any such address or telecopier number shall also be given in the manner set forth above. Whenever the giving of notice is required, the giving of such notice may be waived by the party entitled to receive such notice.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The COMPANY shall have the right to require PARTICIPANT to remit to the COMPANY an amount sufficient to satisfy any applicable federal, state, local and foreign tax withholding requirements in respect of the settlement of the AWARD. Unless PARTICIPANT is notified otherwise, the COMPANY will withhold SHARES of the COMPANY otherwise deliverable upon settlement of the AWARD having a FAIR MARKET VALUE (as defined in the PLAN) on the date of settlement equal to the amount required to be withheld (but only to the extent of the minimum amount that must be withheld to comply with applicable federal, state, local and foreign income, employment and wage tax laws). Pursuant to the PLAN, the COMPANY reserves the right to notify PARTICIPANT prior to settlement of the AWARD, that in lieu of the foregoing, the COMPANY may require that the minimum amount that must be withheld to comply with applicable federal, state, local and foreign income, employment and wage tax laws be settled in cash, either: (i) through the sale, on PARTICIPANT’s behalf on the open market, of a number of SHARES of the COMPANY required to cover such amount or (ii) at PARTICIPANT’s option, through a direct cash payment by PARTICIPANT to the COMPANY to cover such amount.

assistant: Tax Withholdings
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: quoted in several print media regarding their allegations of VSC’s w nded in 1993 to permit the Court to order “payment to the movant of some or all of the reasonable attorney’s fees” only “if imposed on motion and warranted for effective deterrence.” Fed.R.Civ.P. 11. Since the purpose of Rule 11 sanctions is to deter rather than compensate, the [amended] rules provides that, if a monetary sanction is imposed, it should ordinarily be paid into the court as a penalty. However, under unusual circumstances, particularly for b(l) violations, deterrence may be ineffective unless the sanction not only requires the person violating the rule to make a monetary payment, but also directs that some or all of this payment be made to those injured by the violation. McLaughlin, 1995 WL 640770 at *3 (<HOLDING>). Under the amended Rule 11, Courts in this Options: A. holding that improper motive is element of bad faith B. holding title company liable for bad faith C. holding that the district court should consider the totality of the circumstances in determining whether the patentee acted in subjective bad faith and should consider whether circumstantial evidence would support an inference of bad faith D. holding that evidence of counsels bad faith constituted unusual circumstances E. holding that a bad faith claim is a tort

assistant: The best answer is D. holding that evidence of counsels bad faith constituted unusual circumstances
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by the Company of this Agreement and the consummation by the Company of the transactions contemplated hereby (including, without limitation, the issuance of the Shares) does not and will not (i) conflict with or violate any provisions of the Company’s certificate of incorporation or bylaws, (ii) conflict with, or constitute a default (or an event that with notice or lapse of time or both would result in a default) under, result in the creation of any Lien upon any of the properties or assets of the Company or give to others any rights of termination, amendment, acceleration or cancellation (with or without notice, lapse of time or both) of, any Material Contract, or (iii) subject to the Required Approvals, conflict with or result in a violation of any law, rule, regulation, order, judgment, injunction, decree or other restriction of any court or governmental authority to which the Company is subject (including federal and state securities laws and regulations and the rules and regulations, assuming the correctness of the representations and warranties made by the Celgene Parties herein, of any self-regulatory organization to which the Company or its securities are subject), or by which any property or asset of the Company is bound or affected, except in the case of clauses (ii) and (iii) such as would not, individually or in the aggregate, have or reasonably be expected to result in a Material Adverse Effect.

assistant: No Conflicts
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 contents, terms and conditions of this Agreement must be kept confidential by you and may not be disclosed except to your immediate family, accountant or attorneys or pursuant to subpoena or court order, or as otherwise required by law, including with respect to filing this Agreement with the Securities and Exchange Commission. You and the Company agree that if asked for information concerning this Agreement, party that is so asked will state only that you and the Company reached an amicable resolution of any disputes concerning your separation from the Company. This applies not only to Dr. Low, but also to the current board members or executive officers of the Company. Any breach of this confidentiality provision shall be deemed a material breach of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in their opinion, the Atlantic Savings court’s use of both title theory and an expansive definition of “deed” to include mortgages was judicial overreach. Moreover, the Debtors argue that, if asked, the Massachusetts Supreme Judicial Court (the “SJC”) would overturn Atlantic Savings not only given the foregoing but on policy grounds as well. The Debtors argue that amendments to § 7 over time signal the Massachusetts Legislature’s policy goal of enhancing the protections of M.G.L. ch. 188 by obviating any resort t 747, 405 N.E.2d 954, 959 (1980) (finding that a mortgage is a conveyance of title defeasible by mortgagor performing certain conditions) (citing Perry v. Miller, 330 Mass. 261, 263, 112 N.E.2d 805, 806 (1953)); Negron v. Gordon, 373 Mass. 199, 204, 366 N.E.2d 241, 244 (1977) (<HOLDING>); Krikorian v. Grafton Co-op. Bank, 312 Mass. Options: A. holding in addition that where constructive trust imposed trustee holds legal title only under section 541a B. holding that a title holder has the superior right to possession over one who holds no title C. holding that by operation of law a trust results where a person holds naked title for the benefit of another D. holding that mortgagee holds legal title subject to defeasance E. holding that the mortgagee named in the mortgage at the time of the mortgages execution acquired the legal title to the property

assistant: The best answer is D. holding that mortgagee holds legal title subject to defeasance
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: (Bankr.S.D.Ohio 1999); In re Massa, 217 B.R. 412, 419 (Bankr.W.D.N.Y.1998), aff'd, 187 F.3d 292 (2d Cir.1999); Fidelity Nat’l Title Ins. Co. v. Franklin, 179 B.R. 913, 924 (Bankr.E.D.Cal.1995); Adam Glass Serv., Inc. v. Federated Dept. Stores, Inc., 173 B.R. 840, 843 (E.D.N.Y.1994); In re Szczepanik, 146 B.R. 905, 913 (Bankr.E.D.N.Y.1992); In re Thibodeau, 136 B.R. 7, 10 (Bankr.D.Mass.1992); In re Guzman, 130 B.R. 489, 491 (Bankr.W.D.Tex.1991)). The New York Court of Appeals has long recognized that the State Courts have “the power, subject to statutory exception, to determine the effect of a [bankruptcy] discharge.” State v. Wilkes, 41 N.Y.2d 655, 657, 394 N.Y.S.2d 849, 363 N.E.2d 555 (1977) (citing Chevron Oil Co. v. Dobie, 40 N.Y.2d 712, 714, 389 N.Y.S.2d 819, 358 N.E.2d 502 (1976) (<HOLDING>)); see also Kavanagh v. 107-18 Realty Ass’n, Options: A. holding that in a diversity action a federal court must apply the law of the forum state B. holding a state court has an inescapable obligation to interpret and apply the federal statute C. holding that the state has no obligation to provide adequate housing D. recognizing that the rules of statutory construction apply when we interpret constitutional provisions E. holding that a reviewing court has an obligation to satisfy itself of the jurisdiction of the court below

assistant: The best answer is B. holding a state court has an inescapable obligation to interpret and apply the federal statute
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: our `` name search '' feature will allow you to request a phone number at a manual name search ; the request will only be accommodated it the searched person has made his phone number available for search via the service , or where his phone number is available on a publicly accessible directory .

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: See Huntington Branch, N.A.A.C.P. v. Town of Huntington, 689 F.2d 391, 395 n. 4 (2d Cir.1982). The Supreme Court’s fair housing decisions which involve standing issues instruct that a particular plaintiffs standing greatly depends upon which law is used as the predicate for suit. In this case, plaintiffs proceed under a myriad of different statutes. Most of plaintiffs’ efforts at redress, however, emanate from Title VTII’s Fair Housing Act provisions and the Civil Rights Act of 1866, as codified at 42 U.S.C. § 1982. These two statutes do not share the lowest common denominator for admission into federal court warranted by Article III of the United States Constitution. Compare Trafficante v. Metropolitan Life Insurance Co., 409 U.S. 205, 209, 93 S.Ct. 364, 366, 34 L.Ed.2d 415 (1972) (<HOLDING>) with Warth v. Seldin, 422 U.S. 490, 512-14, 95 Options: A. holding title viii standing as broad as is permitted by article iii of the constitution and extends to indirect victims of defendants housing discrimination B. holding that article iii standing is not a prerequisite to intervention C. holding that title viis term a person claiming to be aggrieved demonstrated congressional intent to confer standing to the fullest extent permitted by article iii D. holding that because article iii standing is jurisdictional it must be decided before other legal issues E. holding that article iii standing is necessary for intervention

assistant: The best answer is A. holding title viii standing as broad as is permitted by article iii of the constitution and extends to indirect victims of defendants housing discrimination